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HomeMy WebLinkAbout2003-04-15 CC Packet . SPECIAL MEETING REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-08 Council Chambers, 216 North Fourth Street April 15, 2003 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on budget cuts 2. Discussion on Fees for Service Adjourn to Executive Session 1. Labor relations issue 2. Fire service contract CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of April 1, 2003 Regul utive Session minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMQ.NS OPEN FORUM . The Open Forum is a portion of the Council the meeting agenda. The Council may tak to staff regarding investigation of the cone STAFF REPORTS 1.Police Chief 2.Fire Chief to ad ess Council on subjects which are not a part of reply at the time of the statement or may give direction ed. 3. 4. Community Dev. Director City Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2003-81, di 2. Resolution 2003-82, 3. Resolution 2003-83, Bethany Church L 4. Application for 5. Application f Cancer Alii 6. Applicatio Center 7. Appli Style 8. Approval "ermit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Mike Asmus, applicant 9. Authorizatioif of payment to Our Savior's Lutheran Church for Lily Lake Phase II storm water improvement~ per agreement 10. Request approval for Myrtle Street lift station upgrade . 11. Approval of request for permission to use copyrighted Stillwater logo by Greater Stillwater Chamber of Commerce for Downtown Directory 12. Approval of Lily Lake Monitoring Option 13. Approval of Permit to Sell/Dispense 3.2 percent malt liquor at St. Mary's Catholic Church - Wild Rice Festival- September 7, 2003 nt of bills ear-end interfund loan uthorizing the forgiveness of interest portion of the assessment for provement 342, Project 9721 . g exempt permit for raffle on May 20, 2003 - Courage Center I gamb ing exempt permit for raffle on August 28, 2003 - Minnesota Ovarian mbling exempt permit for raffle on October 2, 2003 - St. Croix Valley Life Care ul gambling exempt permit for raffle on May 31, 2003 - St. Croix Catholic School PUBLIC HEARINGS 1. Case No. PUD/03-14 This is the day and time for the public hearing to consider a request from .. Contractor Property Development Company for a Conceptual Planned Unit Development approval"'" for an 11.87 -acre Liberty Village Development Design located in the V-C, Village Commercial Zoning District at the corner of CR 15 and 12. Notices were sent to affected property owners and published in the Stillwater Gazette on April 4, 2003. Case No. SUB/03-15. This the date and time for the public hearing to consi Contractor Property Development Company for Preliminary Plat approval for 11.87 acre site into 9 lots and one Outlot A ranging in size from .35 to 1.47 ac Village Commercial Zoning District at the corner of CR 15 and 12. Not" property owners and published in the Stillwater Gazette on April 4, 2 equest from of an ated in the VC, t to affected 2. UNFINISHED BUSINESS 1. Possible second reading of an ordinance adopting the 2003 Minne ordinance provides for the application, administration and enforce Code 2. Possible approval of joint powers agreement with Mn/DOT a services for expansion area traffic study (Resolution) ding Code. This innesota State Building County for professional NEW BUSINESS 1. Possible approval of Monthly Solid Waste and Recycli 2. Possible first reading of an ordinance amending Chap Charges 3. Possible approval of Terra Springs Environment 30-day review 4. Possible final PUD approval for Convenience Com ial Use, Kwik Trip located at corner of CR 15/1.. in the Village Commercial District, Schot n, app ant (Case SUP/03-16) (Resolution) . 5. Possible final PUD approval for Bank I orner of CR 15/12 in the Village Commercial District, First State Bank & Trust, applicant (C 17) (Resolution) n Charges (Resolution) ion 29-91 entitled Sewer Service nt Worksheet (EAW) for notification and * All items listed u enacted by on citizen so re separately consent agenda are considered to be routine by the City Council and will be T re will be no separate discussion on these items unless a Council Member or event, the items will be removed from the consent agenda and considered PETITIONS, INDIVIDUALS, DElEGAT COMMUNICA TIONS/REQUESTS COUNCil REQUEST ITEMS STAFF REPORTS (continu ADJOURNMENT , . 2 . SPECIAL MEETING REGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-08 Council Chambers, 216 North Fourth Street April 15, 2003 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Discussion on budget cuts 2. Discussion on Fees for Service Adjourn to Executive Session 1. Labor relations issue 2. Fire service contract 3. 4. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of April 1 , 2003 Re PETITIONS, INDIVIDUALS, DELEGATIONS & COMM ~PEN FORUM . The Open Forum is a portion of the Council the meeting agenda. The Council may tak to staff regarding investigation of the concer ress Council on subjects which are not a part of y at the time of the statement or may give direction d. STAFF REPORTS 1.Police Chief 2.Fire Chief) Community Dev. Director City Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2003-81, directing 2. Resolution 2003-82, authorizin ear-end interfund loan 3. Resolution 2003-83, resolution authorizing the forgiveness of interest portion of the assessment for Bethany Church for Local Improvement 342, Project 9721 4. Application for lawful gambling exempt permit for raffle on May 20, 2003 - Courage Center 5. Application for lawful gambling exempt permit for raffle on August 28, 2003 - Minnesota Ovarian Cancer Alliance 6. Application for lawful gambling exempt permit for raffle on October 2, 2003 - St. Croix Valley Life Care Center 7. Application for lawful gambling exempt permit for raffle on May 31,2003 - St. Croix Catholic School Style Show 8. Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Mike Asmus, applicant 9. Authorization of payment to Our Savior's Lutheran Church for Lily Lake Phase II storm water improvements per agreement 10. Request approval for Myrtle Street lift station upgrade . 11. Approval of request for permission to use copyrighted Stillwater logo by Greater Stillwater Chamber of Commerce for Downtown Directory 12. Approval of Lily Lake Monitoring Option PUBLIC HEARINGS 1. Case No. PUD/03-14This is the day and time for the public hearing to consider a request from Contractor Property Development Company for a Conceptual Planned Unit Development approvaa for an 11.87 acre Liberty Village Development Design located in the V-C, Village Commercial . Zoning District at the corner of CR 15 and 12. Notices were sent to affected property owners and published in the Stillwater Gazette on April 4, 2003. 2. Case No. SUB/03-15. This the date and time for the public hearing to consider a request from Contractor Property Development Company for Preliminary Plat approval for subdivision of an 11.87 acre site into 9 lots and one Outlot A ranging in size from .35 to 1.47 acres located in the VC, Village Commercial Zoning District at the corner of CR 15 and 12. Notices were sent to affected property owners and published in the Stillwater Gazette on April 4, 2003. UNFINISHED BUSINESS 1. Possible second reading of an ordinance adopting the 2003 Minnesota State Building Code. This ordinance provides for the application, administration and enforcement of the Minnesota State Building Code ' 2. Possible approval of joint powers agreement with MnlDOT and Washington County for professional services for expansion area traffic study (Resolution) n Charges (Resolution) .on 29-91 entitled Sewer Service NEW BUSINESS 1. Possible approval of Monthly Solid Waste and Recycli 2. Possible first reading of an ordinance amending Ch Charges 3. Possible approval of Terra Springs Environmenta 30-day review 4. Possible final PUD approval for Convenienc in the Village Commercial District, Schott T 5. Possible final PUD approval for Bank 10 First State Bank & Trust, applicant (C Worksheet (EAW) for notification and Use, Kwik Tr!p located at corner of CR 15/12 icant (Case SUP/03-16) (Resolution) r of CR 15/12 in the Village Commercial District,. (Resolution) PETITIONS, INDIVIDUALS, DELEGATI COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 .. ~ . . . Budget Recommendations For City Council Action Mavor and City Council 1. Discontinue membership in Association of Metropolitan Municipalities, $4,800 2. Reduce Miscellaneous by $5,200 City Attornev 1. Eliminate Housing, Meals, Seminars and Supplies by $3,612 2. Reduce Prosecution by $2,496 Administration 1. Shift 1/8 portion of Secretary position to Sewer Utility Enterprise Fund, approx. $5,400 2. Shift lIl2 portion of Secretary position to Parking Enterprise Fund, $3,300 3. Recording Secretary will only attend the Planning Commission meetings. All other Commission and Board meetings will be transcribed from tape, $3,550 4. Reduce out-of-state travel by $2,000 5. Reduce "City Scene" Newsletter to two issues per year, $4,100 MIS 1. 2. Reduce Supplies category by $8,300 Reduce Other Services and Charges by $1,700 Finance 1. 2. 3. Shift lI5 of Sr. Account Clerk position to Sewer Utility Enterprise Fund, $9,000 Allocate Assessing Fees to the originating projects, $5,800 Reduce Housing by $200 Plant/City Han 1. Reduce Supplies category by $8,250 2. Reduce Miscellaneous category by $1,750 Community Develonment 1. Eliminate Planning Intern position for Summer 2003, $5,000 2. Reduce Supplies category by $1,700 3. Reduce Other Services and Charges by $8,300 Buildin2 Insnections I. Reduce Supplies category by $3,800 2. Reduce Other Services and Charges by $4,550 3. Reduce Miscellaneous category by $650 4. Consider further reductions in Building Inspections expenditures or taking remainder from Reserves, $6,000 Police 1. 2. 3. 40 4. 4. 5. Leave Patrol Officer position vacant, $72,580 Leave Secretary/Dispatcher II vacant, $29,569 Discontinue participation in multi-jurisdictional Narcotics program at Washington County, $1,200 Potential call-to-duty of Patrol Officer, $17,498 Require reimbursement for other special events, $4,500 . Public Works I. Shift Yz Employee to Sewer Enterprise Fund, $27,500 2. Reduce number of Summer Seasonal employees from 9 to 4, $25,000 3. Reduce overtime costs by changing schedules, $12,000 4. Reduce the Seal Coat budget by 1/3, $30,000 5. Reduce Supplies category by $3,500 6. Reduce Other Services and Charges category by $ I 4,000 7. Pass Ordinance adopting new Sewer Rates, effective July 1, 2003 En2.ineerin~ 1. Reduce Supplies category by $1,000 2. Reduce Other Services and Charges category by $3,000 3. Increase Grading/Soil Erosion Control Review Fee by $100, approximately $20,000 increased revenue annually. Fire 1. 2. 3. 4. 5. Reduce Supplies category by $6,225 Reduce Other Services and Charges category by $3,520 Reduce Miscellaneous category by $100 Increase fees/revenues by $1,500 in 2003 and $3,000 annually beginning 2004 Consider further reductions in Fire expenditures or taking remainder from Reserves, $50,155 . Un allocated 1. Reduce Human Rights Commission budget by $1,100 2. Reduce Charter Commission budget by $1,000 3. Reduce contribution to Community Volunteer Services by $5,800 4. Reduce contribution to the Youth Service Bureau by $12,000 Items for Further Consideration 1. Pass Resolution adopting the revised fee schedule, effective May 1,2003. . ..."..,. ,..... INCREASED . DEPARTMENT GOAL ACTUAL REVENUES BALANCE Mayor & Council $ 10,000 $ 1 0,000 $ $ City Attorney $ 15,000 $ 6,108 $ $ (8,892) Administration $ 35,000 $ 35,000 $ $ MIS $ 10,000 $ 10,000 $ $ Finance $ 15,000 $ 15,000 $ $ Plant/City Hall $ 10,000 $ 10,000 $ $ Community Developml $ 15,000 $ 15,000 $ $ Building Inspections $ 15,000 $ 9,000 $ $ (6,000) Police $ 120,000 $ 125,347 $ $ 5,347 Library $ 50,000 $ 50,003 $ $ 3 Public Works $ 105,000 $ 112,000 $ $ 7,000 Engineering $ 20,000 $ 4,000 $ 20,000 $ 4,000 Fire $ 60,000 $ 9,845 $ 1,500 $ (48,655) Unallocated $ 20,000 $ 19,900 $ $ (100) TOTALS $ 500,000 $ 431,203 $ 21,500 $ (47,297) . . '. . City of Stillwater Fees for Services/Publications . PROCESSING PERMIT REVIEWS AND APPEALS: PROPOSED Aoolication Fee Escrow Fee Escrow Comprehensive Plan Amendment $1,000 0- 5 acres $500 1-40 acres $1,000 $2,500 $5,000 6-40 acres 41-80 acres $1,500 $5,000 $10,000 41-80 acres over 80 acres $2,000 I $7,500 $20,000 over 80 acres I Zoning Amendment (text or map) 1$500 0-5 acres $300 1-40 acres $1,000 I $2,500 $2,500 6-40 acres 41-80 acres $1,500 I $5,000 $5,000 41-80 acres over 80 acres $2,000 'I $7,500 $10,000 over 80 acres I Planned Unit Development (PUD) Concept $500 0-40 acres $2,000 1 Concept Fee Escrow Final $500 41-80 acres $2,500 1 $3,000 $5,000 0-5 acres over 80 acres $3,000 I $5,000 $5,000 6-40 acres I $7,500 $10,000 41-80 acres $10,000 $10,000 over 80 acres Final Fee Escrow $1,000 -0- 0- 5 acres $2,000 -0- 6-40 acres $3,000 -0- 41-80 acres $5,000 -0- over 80 acres I Subdivision Preliminary Plat Fee Escrow I ResubdivisionlLand Survey Review $100 $250 $500 + $100 per lot $2,500 0- 5 acres I Preliminary Plat $100 + $50/lot 0-40 acres $2,000 $1,000 + $100 per lot $5,000 6-40 acres I Final Plat $250 41-80 acres $2,500 $2,000 + $100 per lot $7,500 41-80 acres I over 80 acres $3,000 $5,000 + $100 per lot $10,000 over 80 acres I I SUbdiV! . Final Plat Fee .c I $500 0-5 acres I $1,000 6-40 acres I $2,000 41-80 acres I $5,000 over 80 acres I I Conditional/Special Use Permit Residential $50 Amount dependent on $100 Project location, site conditions and type of development I I Tax Increment Financing Application Fee $3,000 Same I Bed & Breakfast $250 I Home Occupation $50 $100 I Commercial/Industrial $200 $500 I Use Determination $100 $500 I I Variance Residential $70 Amount dependent on $150 Project location, site conditions and type of development Commercial/Industrial $200 Amount dependent on $500 Project location, site conditions and type of development Certification of Compliance $100 Amount dependent on Same Project location, site conditions and type of development Design Permit $25 Amount dependent on $50 Project location, site conditions and type of development Sign Permit $25 Amount dependent on $50 Project location, site conditions and type of '. . development I Annexation Permit -0- $1000.00 up to 10 acres $2000.00 10 acres + I Site Alteration Permit I Demolition Permit I Street Vacation I Grading Permit I Appeals Permit Modifications $25 Na $100 Na $100 Na UBC5 $25 Same fee as original permit An escrow shall be established as indicated above to cover engineering and legal fees incurred by the City as part of the plan review. 1) The fee shall be doubled for after-the-fact permit applications. 2) The Uniform Building Code establishes a fee schedule for grading permits. PUBLICA TIONS/MINUTESI AGENDAS: City Code Book Zoning Book Downtown Plan _Design Manual Comprehensive Plan Mailed minutes - per year Mailed agendas - per year $100 unbound/$125 bound $25.00 $10.00 $5.00 $20.00 $60.00 $20.00 I I Prepared Maps BlackIWhitelBlue Line City Map (8.5 X 11) City Map (11 x 17) City Map (30 X 36) Zoning (8.5 x 11) Zoning (11 x 17) Land Use Map (11 x 17) $2.00 $2.00 $12.00 $2.00 $4.00 $4.00 I I I I I I Same I Same / $250 I $150 Engineering Fee 1$50 I Same I . $1,500 escrow I I / I I I Same I Same I Same I Same I Same I Same I Same I I I I I I I I I I I e Asbuilt Drawings (11 x 17) I Asbuilt Drawings (24 x 36) I I Color City Map (30 x 36) Zoning Map (36 X 48) Zoning Map (8.5 xII) Zoning Map (11 X 17) Land Use Map (11 x 17) Topographic Maps I Parcel Map I Electronic Data Via Mail* Electronic Data Via e-mail* . Residents - No Charge Others - $10.00 minimum/$3.00 each over 5 sheets Residents - No Charge Others - $10.00 minimuml$6.00 each over 2 sheets $24.00 $30.00 $5.00 $7.00 $7.00 $5.00 per acre plus staff time Owner of Parcel- No Charge Others - $10.00 minimum or $2.00 per page $25.00 each project plus staff time $15.00 each prqject plus staff time * Electronic data fee must be paid and license agreement signed before sending information. OTHER SERVICES: Assessment Searches Assessment Roll Copy (each) Dog Licenses - per year I Copies (B/W) per sheet I I I Color Prints/Copies I I I $20.00 $10.00 25~ (8.5 X 11) 50~ (8.5 X 14) 75~ (11 X 17) $2.00 per side (8.5 XII) (1-5 pages) $1.75 per side (8.5 XII) (6-50 pages) $2.50 per side (8.5 X 14) (1-5 pages) $2.25 per side (8.5 X 14) (6-50 pages) $3.00 per side (11 X 17) (1-5 pages) $2.75 per side (11 X 17) (6-50 pages) e< $10.00 minimum or $3.00 per page $10.00 minimum or $6.00 per page Same Same Same Same Same Same $10.00 minimum or $2.00 per page Same Same I Same $20.00 $15.00 I Same I Same I Same I Same I Same I Same I Same I Same I Same '. Special Events Application Fee??? . LIQUOR & TOBACCO LICENSES: (2003-2004 fees) goes up in 2005 Per year On-Sale $2650 On-Sale Club $400 On-Sale Sunday $200 Off-Sale $200 On-Sale Wine $275 On-Sale Wine w/Strong Beer $415 On-Sale 3.2 Malt Liquor $140 Off-Sale 3.2% Malt Liquor $55 Tobacco $250 Investigation Fee (new on-sale only & tobacco) $275 _Permit to consume $35 (local non-profits no charge) _ Temporary Liquor License Fee (12 per year - on-sale) Temporary Liquor License Fee (3.2 unlimited) I FRANCHISE FEES: I Cable I Gas & Electric I I USE OF CITY PARKS AND PICNIC SHELTERS: Pioneer Park Shelter: Residents Weekdays $35 Weekends/Holidays $50 Deposit $50 I I I Band Shell I Anytime I Deposit I I All Other Shelters/Gazebo: I Weekdays WeekendslHolidays Deposit $125 $50 Residents $35 $50 $50 Non-Residents $75 $100 $50 $125 $50 Non-Residents $75 $100 $50 . I I I I I I I Investigation Fee on All new liquor licenses/tobacco Annual Renewal Fee - $300 Same I $25 per day I $25 per day I Lowell .: I Fee I Damage Deposit I I POLICE FEES: I Dog Impound Audio Tape Copy Video Tape Copy State Accident Reports Police Reports Background check In-house statistical computer run Commercial Use $500 $250 . $50 $10 $30 $5 $5 1 SI page, .50~ each additional page $25.00 per person $20 PARKING FINES: $10 any violation not preceded by another parking violation the prior 90 days $20 any violation preceded by one parking violation within prior 90 days $30 any violation preceded by two parking violations within prior 90 days $25 added to fine if not paid within five days of issuance PERMIT PARKING FEES: $10 permit parking per month per vehicle ($5 per month if after 15tn of month) FIRE FEES: Tank Removal permits $50 Open Burning permits $10 I Incident reports $5 I Automatic Fire Sprinklers Fire Sprinkler Monitoring Fire Alarm Sistem (with or without sprinkler monitoring Above ground storage tank installation (all sizes) Underground storage tank installation (all sizes) High pile storage/smoke removal system - plan review High pile storage/smoke removal system - inspection Day care inspection 1 or 2 visits .' I I Same $15 $40 1$5 I $5 - 1 SI page, $1.00 each additional page $30 $25 I I I I I I I I $15 permit parking per month per vehicle ($7.50 per month if after 15th of month I I 1$75 1$25 I Same I 1.2% - $40.00 minimum 1$40 I 1.2% - $40.00 minimum 1$100 1$100 1$50 1$25 1$50 ..e . I Day care additional follow up inspections I Lodging House/B & B I Day/Foster care inspection (group) - 1 or 2 visits I Day/Foster care inspection (group) -additional inpections I Commercial cooking hood exiting system installation inspection I Commercial cooking hood exiting system installation inspection - additional inspections I Tent, canopy & membrane structure I Flammable/combustible liquid spraying or dipping I Hazardous materials plan review inspection I Natural gas line rupture I Automobile fire/personal injury accident involving auto extrication Response to hazardous materials incident - Washington County Fire Chiefs Schedule (Attached) I Fireworks Sales Permit I Existing Business I Temporary Structure . $25 $50 $75 $25 $65 $25 1$40 $75 $75 I $100 per hour I $75 to insurance company I $50.00 $100.00 .~ <- . . . CITY COUNCIL MEETING NO. 03-07 April 1, 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Also Present: City Administrator Hansen City Attorney Magnuson Assistant City Engineer Sanders Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad Director of Administration Knauss Assistant Finance Director Harrison City Clerk Ward OTHER BUSINESS Discussion on budaet cuts City Administrator Hansen began the presentation on the State budget crisis and its impact on the City of Stillwater. Each department head presented the Council with their proposed budget cuts. Mayor Kimble urged staff and residents to let their representatives know how the budget impact will affect Stillwater. Mayor and Council thanked the staff for the work they did on the budget cuts. Councilmember Kriesel stated that Stillwater can probably survive the 2003 cuts but has concerns on the cuts for 2004 and 2005. Mayor Kimble adjourned to executive session at 5:45 p.m. RECESSED MEETING 7:00 P.M. APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the March 18, 2003 regular meeting minutes and February 26, 2003 Trunk Highway 36 Partnership Study Joint Planning Commission/City Council Workshop Minutes. All in favor. City Council Meeting - 03-07 April 1, 2003 \> PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS . Diane Rollie. Chamber of Commerce Ms. Diane Rollie, Greater Stillwater Area Chamber of Commerce, requested that Council prepare an ordinance to address the issue of newspaper/ad stands in the downtown district. She stated that there are 55 stands in the downtown area and felt that there should be regulation of placement and how many should be allowed in the downtown area. City Attorney Magnuson stated that an ordinance for Council review would be available at the next meeting. State Reoresentative Rebecca Otto Representative Otto informed the Council of the legislature's actions. She asked for input on the budget crisis. Mayor Kimble provided Representative Otto with the City's proposed budget cuts that were discussed at the 4:30 meeting to inform her of the impact the state's revenue cuts would have on the City. He noted that the State would be spending more money than they ever have at the expense of the cities and its residents. STAFF REPORTS . Fire Chief Kallestad informed the Council that the ISO insurance rating evaluation would be done on May 13. He explained the evaluation procedure and stated that it is the department's hope that the ISO rating will be reduced to allow for lower insurance rates in the department's protection area. He also stated that by the middle of June the department would know if they have new ratings. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. All in favor. Resolution 2003-72, directing payment of bills Resolution 2003-73, approving the policy on City website links Approval to hang banner on Main St. for the Rivertown Art Fair, requested by St. Croix Events Approval to hang banner on Main St. for Lumberjack Days, requested by St. Croix Events Resolution 2003-74, approving contract renewal with Qwest for T1 line Approval to hang banner on Main St. for Christmas at the Courthouse, requested by Wash. Co. Historic Courthouse Approval to hang banner on Main St. for Stillwater Bridal Fair, requested by Wash. Co. . Historic Courthouse Page 2 of 18 City Council Meeting - 03-07 April 1, 2003 . PUBLIC HEARINGS Reauest for continuance Qf hfJ~rina f<.>r ::;tJI:)(fivi~ion at 912 Churchill Street. Case No. SUB/03- 12. Community Development Director Russell stated that the applicant has requested that the public hearing be tabled until May 6, 2003. He recommended that the hearing be tabled until the May 20 meeting because the Heritage Preservation Commission will be considering the demolition permit at their meeting on May 5. Motion by Council member Rheinberger, seconded by Council member Kriesel to table the public hearing until May 20,2003. All in favor. Public hearina to con~iQfJr the i~~tJEJr1G~ of twc) new C)n-~{:lle and Sundav liauor licenses City Attorney Magnuson provided Council with the history of the remaining two licenses. He stated that the license that was originally going to be used for the Territorial Prison site had no restrictions, but that the other license had the restriction that it could not be used in the downtown area. . City Clerk Ward reviewed the applicants who have applied for the remaining licenses. She stated that Boardwalk, Inc. has withdrawn their application for a liquor license. Councilmember Milbrandt asked if a letter of request is equal to an application. Mr. Magnuson stated that it could be considered equal to an application. Mayor Kimble opened the public hearing. Mr. Steve Nicholas introduced himself and Mr. Randy Ehlers as representatives of Famous Dave's. Mr. Nicholas stated that Famous Dave's has been an established part of the Stillwater community since 1997 and that the Stillwater Famous Dave's converted from a counter service restaurant to a full service restaurant in 1998. He also stated that since the conversion in 1998, Famous Dave's has been trying to meet their guests' requests and enhance service by the addition a full service bar. Mr. Nicholas stated that Famous Dave's in Stillwater is the only full service franchise to be operating without a full liquor license. He stated that since opening in Stillwater, Famous Dave's and Famous Dave's of America have been very involved in the community and that a vast majority of the current Famous Dave's restaurants are decorated with antiques purchased from antique stores in Stillwater. . Mr. Nicholas stated that the increased revenue would facilitate the need for additional employment with the addition of bartenders as well as additional servers. Page 3 of 18 City Council Meeting - 03-07 April 1, 2003 '. Mr. Nicholas stated that Famous Dave's of America has a well-established training . program that includes, responsible service of alcohol training followed by a quiz, responsible service of alcohol video - "Techniques for Responsible Alcohol Service." He stated that all servers and bartenders sign a liquor liability form. He also stated that the company participates in "Learn2 Serve" program. He stated that this program has been added to help our restaurants reduce liability and help to create a safe & responsible environment. Mr. Nicholas stated that the Stillwater Famous Dave's has a dean history of compliance and that Famous Dave's of America has a great record for compliance through out the country. He requested that Council award one of the liquor licenses to Famous Dave's. Mr. Mark Putman, representing Contractors Property Development Company, reviewed the proposed design of the Liberty Village retail area on the corner of County Road 12 and 15. He reviewed the reasons for the development of this retail area, which was part of the concept in the development of the Liberty subdivision. He stated that a restaurant has always been proposed for this village area. Mr. Putnam stated that a survey was sent to residents in the Liberty addition. He provided statements from surveys sent to the Liberty residents in support of the concept of the retail area and the restaurant with a liquor license. Ms. Catherine McEnroe, 233 Rutherford Road asked what the distance was from the . door of the school to the proposed restaurant. Mr. Putnam stated 1100 feet. Ms. Kristin Klemetrud, co-owner of Savories, provided a history of Savories in Stillwater whose history began in 1991. She stated they have done a major renovation to Savories; it is now a full service restaurant. Ms. Klemetsrud stated that the possibility that a healthy economy is not guaranteed by only increasing the number of new business entities. She stated that allowing long established businesses to expand would provide stimulus to our community. Ms. Klemetsrud stated they have created their business on a shoestring budget and have worked at incrementally expanding and creating more opportunity for our current employees, while adding new jobs as our circumstances allow. She stated they would continue to do this. She also stated that Savories has been a slow growing business and has remained stable due to their deliberate and methodical growth, but also believes in part to willingness to take part in city activities, to network within the community and to give back in the form of donations to local schools, charities and fund-raising activities whenever possible. She stated that she believes that this is an important part of ongoing economic development. Ms. Klemetsrud stated they are an important contributor to our city's development. She. Page 4 of 18 City Council Meeting - 03-07 April 1, 2003 . stated that they provide jobs for 30 individuals now, and anticipate additional jobs as we continue on our growth pattern. Ms. Klemetsrud stated that she, and a majority of their staff, are local residents. She stated that they shop here, pay taxes here both business & residential. She stated that they encourage their employees to take part in local events and most of them live here and also contribute in many ways to their schools, churches, and local businesses. Ms. Klemetsrud stated that she understands the mandate of the city in developing our tax base and maintaining a healthy economic climate, however she believes Savories does this already. Ms. Klemetsrud requested that Council give Savories one of the on-sale licenses. She stated that she would run the restaurant with the same responsibility as any other establishment that has the privilege of having an on-sale license. She also stated that they are here for the long haul. . Mr. Todd Weiss, representing Stillwater Depot LLC, stated that the Minnesota Zephyr operations began in September 1986 in Spring Park Minnesota and moved its operations to Stillwater in June of 1987. He stated that over the last 16 years they have entertained approximately 625,000 guests contributed $48,000,000 dollars in salaries, goods and services and have anchored the north end of Stillwater with beautiful facilities. He stated that this addition would provide 40 new jobs and $3M of goods and services in the area. Mr. Weiss stated that they have attractive landscaping and parking facilities with up to 75 vehicle parking spaces and that they employ over 60 employees, mostly from the Stillwater area and have spent nearly 4 million in advertising to attract visitors to Stillwater and to the Zephyr. Mr. Weiss stated that plans include an addition of a 2200 square foot building to the current depot building and will convert most of the museum to a 125-seat restaurant called the Stillwater Depot Grill. He estimated that they would serve over 50,000 guests per year, in addition to the Minnesota Zephyr. The Stillwater Depot Grill will feature the finest food available with a variety of menu selections. . Mr. Weiss stated that according to the cities preliminary development plans; the north end of town's addition of condominiums and hopefully some retail stores will finally complete and lengthen the main street of Stillwater. He also stated that they have met with the Planning Commission and Heritage Preservation Commission and received the necessary approvals. He stated that they are ready to proceed with obtaining building permits and construction and anticipate a September 2003 opening should Council award them a liquor license. He requested that a decision be made at this meeting as there is $500,000 - $1 M set aside for this project and that any delay could further hamper the project. Page 5 of 18 City Council Meeting - 03-07 April 1, 2003. Mr. Kevin Dockter, 141 Rutherford Road, stated that he had concerns on some of the. comments of Mr. Putman of CPDC. He stated that when he looked into purchasing property he knew there would be a village at the corner of County Road 12/15. He stated that there are many young children in the Liberty additions and that they look out for each other and the children. He stated he is very concerned on having a liquor establishment in the neighborhood and its proximity to Rutherford Elementary School being glossed over and it shouldn't be. He stated that Mr. Putnam's comment about that a liquor license is necessary to serve great food, I guess I would be upset if I was another restaurant owner in this community. He stated that one of the reasons he was attracted to Stillwater was its tradition and he hoped that when Council makes its decision that they look at the traditions and at the existing businesses applying for the liquor licenses. He stated that personally he is not in favor of granting other licenses, but does understand why others are asking for them. He stated that established businesses should be considered before giving a license to a restaurant that is on the drawing board. He stated they have no idea what the restaurant is, what it will be like and how it will affect the community. He stated that it is already known what the existing restaurants do to the community and felt the city should help promote those restaurants. Ms. Catherine McEnroe, 233 Rutherford Road, stated that by trade she is an attorney for the law firm that represents the developer, but is not before the Council as an attorney.. but as a resident of Liberty. She showed a map that depicted the commercia.. area proposed by the developer and its relation to Rutherford Elementary School. Sh~ stated that is a great concern to people in Liberty on the Lake. She stated that the "award winning development and award winning school" are at great risk by putting a restaurant/bar within 1100 feet of school. She reviewed Minnesota Statute 340A.412, 4a.9 that states that no liquor establishment shall be within 1,500 feet of any public school that is not within a city and that this does not violate state law because the location of the license will be just inside the city. She stated that the Stillwater City Code Section 43-69, Subd. 4 states that no license shall be granted for any business which is located in an area prohibiting such location by state law or which principal building is within 500 feet of a principal school building or a principal church building. She stated that an ordinance has been passed so that all of the laws and ordinances don't even apply to Liberty on the Lake, because they got their own special little law passed. She stated that the point isn't that it violates the letter of the law, but that putting a bar/restaurant this close to an elementary school violates the spirit of the law. She stated that she sits here listening to the moving of newspaper boxes to clear how the street looks and that Council is considering issuing a liquor license on streets in Liberty on the Lake where there are literally 20 5-year-olds riding their bikes. She also stated that it is not possible to make this area safe for people, and it is not what they were sold on when they bought into Liberty on the Lake. She stated that she was told this would be a small town neighborhood and that this would be a mom and pop commercial village. She implored the Council to exercise their discretion not to assist the developer into breaching their promise to people who bought into Liberty on the . Lake expecting this area to be a safe neighborhood for their families. Page 6 of 18 City Council Meeting - 03-07 April 1, 2003 . Mr. Leonard Huebscher, 12525 75th Street N, is against the issuance of a liquor license to the retail area for the following reasons: liquor is the number one drug problem of America and that he sees it in his counseling office, he sees it destroying families, breaks up homes, a killer on the highway, a consumer of tax dollars, and it increases crime. He stated that he is opposed to the liquor license being allowed in a family orientated community such as Liberty on the Lake with children running on the streets. . Ms. Barbara McMichael, 153 Rutherford Road, has been a resident for approximately 1.5 years. She stated that she is one of four neighbors that called the meeting last week inviting Council members to attend to alert the neighbors on what was proposed in Liberty on the Lake. She stated she is opposed toa liquor license being offered in her community because it abuts the homes and sidewalks and it is too close to the school where the children from Liberty attend. She stated that she hoped that even though the developer is talking about having traffic concerns and doing the reports that it is still a concern because people going into the establishment are not going to wait and drink until after school gets out and that liquor will be served when the restaurant is open and, therefore, drunk and intoxicated drivers will be on their roads. She stated that the developer stated at the last meeting that this development was discussed at that the traffic would be the City's problem. She stated that it was her understanding that the expansion of Manning Avenue with stop lights would not happen until 2007 and with financial problems facing the State that there is no guarantee that the city will have the money to expand Manning Avenue. She stated that she is concerned with intoxicating drivers being not adequately prepared on streets without any. stoplights or larger accesses. She stated that she challenges the Council to look at the other liquor requests from established businesses, ones that have track records that are not a vague idea that is proposed by CPDC. She encouraged Council to wait until the developers give the neighborhood some ideas of what is actually planned for the neighborhood. She stated that the developer sent out notices to the neighborhood asking for a letter of support and that a group sent out an additional letter asking for those who were uncomfortable with the liquor license and she stated she has a list of residents she would provide Council of those who are opposed to the liquor license. She stated that she and surrounding neighbors bought into Liberty planning to make Stillwater their home as taxpayers and voters and requested that Council look at what is being done, what was promised, and to make a good decision on who gets the liquor license. Ms. Tami Naja, resident of Liberty, stated that she has a nephew who is severely brain damaged because he was hit by a drunk driver at 10:00 a.m. while on a school outing walking from his school. She stated that it is very possible to have a drunk driver in the neighborhood at a time when school is being conducted. . Ms. Susan Kuss, 121 Rutherford Road, stated she was against CDPC receiving a license because it is close to the park and school. She stated that it is completely inconsistent with a neighborhood and that no one ever mentioned the possibility of a bar with liquor at this location when they purchased their home. She stated she was under Page 7 of 18 City Council Meeting - 03-07 April 1, 2003 the impression that it would be baggel and coffee shops. She stated that the traffic . circle was not designed as the County traffic engineers would have liked to have seen the traffic circle designed. She stated that she sees many backups in that traffic circle and that it does not function as it was designed to. She is concerned that it will be extremely difficult to get to the main thoroughfares and there will be drunk drivers cutting through the neighborhood that are already speeding, which is a bad combination. Mr. Geoffrey Ratte, 3539 Eben Way, stated there are some neighbors that are inclined to see a better restaurant in the area. He stated that the people who have spoken do not speak for everyone and wanted to let Council know that there are neighbors in support of a high quality development and a high quality restaurant with a liquor license in the retail area proposed by CDPC. Ms. Jodeen Monson, 470 Liberty Parkway, stated that she is a life-long resident of Stillwater and that Liberty Village was designed exactly as she was told. She stated that it far exceeds her expectations of that corner and that she was one of the people who inquired about having a pub at that corner. She stated she is concerned about the viability of a restaurant without a liquor license and businesses in the area. She stated she did not envision a "girls-gone-wild" kind of bar that she feels is being portrayed. She also stated that she thought it would be more of a neighborhood pub. She stated that she does not believe that everyone who partakes in alcohol gets blindly drunk and drives on the road. She stated that the developer did not mislead her, that the plan is . what was told to her, and that there are people that are in favor of a restaurant/pub on that corner. Mr. Randy Darling, 3625 Eben Way, stated that he and his wife have been residents of Washington County all their lives and just recently moved to the Liberty area. He stated they looked at Woodbury, Red Wing, Prescott, Hastings and Liberty is the nicest community they saw in the last 12 months they were looking. He stated that people have a tendency to remember what they want and forget what they want. He stated that he was told about the design and proposed restaurant and that Liberty has lived up to everything that was told to them and even surpassed what was told to them. He also stated he was in favor of the restaurant with a liquor license because it would be something he and his wife would use, it would be an asset to the community and that he did not think Hells Angels would be out there drinking and urged the Council to look at the request for this license favorably. Mr. Burr Baldwin, 215 Rutherford Road, stated that since this issue has been brought up he has been strongly ambivalent about the issue. He stated like a lot of his neighbors he thought it would be fun to have a watering hole that he and his friends could go to within walking distance. He stated that he is not as close to the area as some other residents near the proposed retail area, but will suffer greatly with the late night noise that would be caused by the restaurant. He stated that it is inevitable that any establishment that serves liquor is going to generate late night traffic. He stated . that conventional traffic would be enough to waken those residents closest to thetraffi Page.8 of 18 City Council Meeting - 03-07 April 1, 2003 . circle. He stated that he is having trouble justifying that kind of suffering by these families for the sake of increased profits by the developer or for the convenience of people like himself who do not live close to the village area. He asked Council to bare the affect of late night traffic on those families now and in the future. Mr. Michael Chalmers, 370 Liberty Parkway, stated that he and his family have been residents of Stillwater for two years and that prior to moving to Stillwater lived in the Crocus Hill area of St. Paul, which is within walking distance ofa number of bars and restaurants on Grand Avenue. He stated that he has lived for years in areas where residential and commercial was very much commingling, which was very positive and which is one of the features that attracted them to the Liberty development. He stated that they wanted to live somewhere that was more old fashioned rather than a cookie cut development in Woodbury or Eden Prairie. He stated that if you drive down Grand Avenue or St. Clair Avenue you will see amongst the beautiful homes restaurants, liquor stores and retail establishments and that is an old fashion town, it is not a new wave concept, it is what Stillwater is. He also stated that he knew all along that there would be a restaurantJpub in the village area, it was not hidden from them and felt it was an attractive thing to them. He stated that he has two children and he does not see this as being a negative issue in any way. He stated that he and his wife strongly encourage the establishment of a nice restaurant and that a number of his neighbors are also in favor of it. . Ms. Elizabeth Welke, 3484 Liberty Avenue, stated she has lived in Liberty for about a year and owned the home for approximately three years and is concerned about issuing a liquor license to a restaurant yet unnamed and about a promise that was made when the property was purchased, that it would be a quaint village described to her as a Dickens village with Subway or sandwich shops with perhaps people living above the stores much like a downtown and keeping this area a calm area. She stated that she is concerned that CPDC is doing this for financial viability for their company and that they have done fine with Liberty up until now, but that she is concerned about what they propose to do now. Mr. Mark Fasching, 135 Rutherford Road stated he is one of the properties that would be affected in the targeted zone. He stated that a number of his concerns were addressed by others, however one issue that has not been addressed enough is the majority of the liquor licenses in Stillwater are in the downtown area. He stated that that might be a more appropriate location for the liquor license than the interior of Liberty. He stated that because of the school, parks and the amount young families in the area it just does not seem the right decision for Liberty. . Jennifer Haas, 3362 Pioneer Place, stated that she has been a resident of Liberty for two years. She has no concerns about the design of Liberty Village and felt that everything they have done in the area is beautiful. She stated that the design is not going to matter much at 1 :00 in the morning. She stated that there would be issues with traffic and noise. She stated that it was inappropriate to have a bar/restaurant near a school because there would be a number of safety issues involved because the circle Page 9 of 18 City Council Meeting - 03-07 April 1, 2003 ' will be shared with the school, children will be walking and biking to school, and that tta location of this establishment in a residential neighborhood is inappropriate because . there are hundreds of children that live in this area. She stated that there are many excellent restaurants that do quite well that limit their sales to wine and beer. Mayor Kimble closed the public hearing. Council member Rheinberger stated that he would support the issuance of a liquor license to the Minnesota Zephyr/Stillwater Depot because it would provide economic development to the north end of town and it would set a positive image to the area. Council member Kriesel asked if the developers of the prison site would be coming later to ask for a liquor license. Mayor Kimble stated that the developer has stated specifically that they do not want a liquor license because of the number of accessible establishments downtown. Council member Kriesel asked if the license for the Market Place area was targeted for the economic development of that area. He also stated that the City could hold that license for future development and also asked if this license is given away and someone else wanted a license in this area would the city go back to the legislature for the same reason of economic development. Mayor Kimble stated that the license for the market Place area was targeted for . economic development of that area. He also stated that when those licenses were received it was by a different Council. He stated that Council could request a liquor license every year through the legislature or placed on the ballot as a referendum, those options are always there for any future Councils. Councilmember Kriesel stated that another option that may not be attractive is first in, first out. He stated that Famous Dave's initial request goes back to November 12, 2002 and from his standpoint he would be leaning towards Famous Dave's getting the license and as far as the CPDC development, he stated he went to the meeting and knocked on a few doors near the land office and found quite a few people that had no objection to the liquor license in the village area. He also stated that he sees that there are some valid concerns. Mayor Kimble asked City Attorney Magnuson if prior to the annexation and prior approvals the City talked about this commercial corner what obligations does the city have to the developer. City Attorney Magnuson stated that the City allowed the commercial corner. He stated that there could be a restaurant in this area; the City could allow a wine-beer license, such as Savories or Marx. He stated that he felt there was no obligation to the developer to give them a liquor license and that no one has that sort of claim on the . Page 10 of 18 City Council Meeting - 03-07 April 1, 2003 . Council. He stated the only restriction is the one for the Market development area can not be used downtown. Council member Milbrandt stated that the City has four very qualified and compelling stories, however there are two restaurants that have succeeded with a limited license and proven that a fine restaurant exists without full liquor. He also stated that the Zephyr and Liberty development are not in the restaurant business that have brought a lot to the community, but his side would have to be to the two who have proven to be loyal citizens, grown their businesses to a fine dining restaurant and felt there is an obligation toward the local establishments to allow them to grow. He stated that he felt it is owed to the commercial businesses that have grown here to continue to grow. Council member Junker stated that the Minnesota Zephyr has been here for 15 years, they are expanding their existing business, a license was earmarked for the north end to keep that area vital and strong, and their track record is incredible. He stated that it would be a welcome addition to that site. Motion by Councilmember Rheinberger, seconded by Councilmember Junker authorizing the issuance of one On-Sale and Sunday liquor license to Stillwater Depot, LLC, contingent upon the approvals of the Police, Fire, Finance, Building Departments and Minnesota Liquor Control by December 31 , 2003. . Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Milbrandt Council member Rheinberger stated that a liquor license should be given to Liberty Village because it has the benefit of bringing an upscale restaurant, liquor establishments will be coming to that area whether in Grant or Liberty and unfortunately a high quality restaurant will want a liquor license. He stated that the economic catalyst for the area is restaurant. A high quality restaurant will fit that need. Mayor Kimble stated that one could argue that it will bring tax base and employment to the area and that there are other bars/restaurants closer to elementary schools than Rutherford. He stated that fine restaurants tend not to be open until 1 :00 in the morning. He stated that this is a very tough decision. Councilmember Kriesel stated that Famous Dave's should be given to Famous Dave's because they had requested this license back in November, played by the rules, and this is a tough one for them, they have been here and are probably the only liquor establishment in that area and he has a hard time not going with them. He also stated that on the other side CPDC is a first class operation and probably exceeded most people's expectations not only in Liberty but in the community and he knows that CPDC is not going to put something in Liberty that is not a good fit for the neighborhood, but maybe it is a license that comes later. He would support Famous Dave's. . Page 11 of 18 City Council Meeting - 03-07 April 1, 2003 Mayor Kimble stated that argument could be Famous Dave's was here first and they a. closest to the western business park. He stated that arguments could be made for all the applicants. Councilmember Rheinberger stated that more community value would be given if the license were given to CPDC. He stated that at Famous Dave's they would probably get a few more patrons, however there are other liquor establishments in the area. He stated that there is more economic investment in the Liberty area. Councilmember Milbrandt stated that the licenses should be given to the existing businesses. He stated that existing businesses could develop to a point, but that when a new business comes the City will jump at that. He stated that CPDC has been wonderful for the community, however he felUhat the existing businesses were getting penalized. Council member Rheinberger stated that this is not final and he is supportive of the remaining two to go to the legislature for additional licenses. Council member Junker stated that he sees Liberty as a big addition to the west side of the City. He stated that he has been impressed with Liberty from day one and it will be an added value. He stated that Famous Dave's and Savories are fabulous places, however it is a tough choice and felt that in the long run for Stillwater that this is the place the license should go. . Motion by Council member Rheinberger, seconded by Council member Junker to authorize the issuance of an On-Sale and Sunday liquor license to Liberty Village. Motion failed. Ayes: Councilmembers Rheinberger and Junker Nays: C ouncilmembers Kriesel, Milbrandt and Mayor Kimble Motion by Councilmember Milbrandt to authorize the issuance of an On-Sale and Sunday liquor license to Savories. Motion died for lack of second. Motion by Council member Kriesel to authorize the issuance of an On-Sale and Sunday liquor license to Famous Dave's. Motion died for lack of second. Mayor Kimble recessed the meeting at 9:00 p.m. Mayor Kimble reconvened the meeting at 9:15 p.m. Mayor Kimble stated that City Attorney Magnuson has informed him that the remaining license can not be issued to a downtown business therefore the remaining license should go to either Famous Dave's or Liberty Village, or table indefinitely into the future. Council member Milbrandt stated that his problem with Liberty is that the vendor is not . known. He asked City Attorney Magnuson if Council could put a provision on the Page 12 of 18 . . . City Council Meeting - 03-07 April 1, 2003 issuance where the City Council has to approve the vendor to make sure it meets the needs and the concept of the village community. Council member Kriesel stated that it would be unfair to Famous Dave's not to give them the license. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to authorize the issuance of an On-Sale and Sunday liquor license to Liberty Village conditioned upon Council approval of the vendor for the restaurant within six (6) months, October 1, 2003. Ayes: Councilmembers Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Kriesel Mayor Kimble asked if it would be possible to ask the legislature for additional licenses and have the remaining licensees pay for the lobbing. City Attorney Magnuson stated that he could develop the language and that City Administrator Hansen would lobby for the licenses. City Administrator Hansen stated that he could contact our local legislators to see if they could carry the bill. Motion by Council member Kriesel to direct the City Administrator Hansen to investigate the possibility of getting additional license for Famous Dave's at the legislature. Motion failed for lack of second. Motion by Councilmember Rheinberger, seconded by Councilmember Junker directing City Administrator Hansen to investigate the possibility of getting additional licenses for Savories and Famous Dave's at the legislature and City Attorney Magnuson to develop the language. Ayes: Council members Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Kriesel UNFINISHED BUSINESS Possible second r~adinq of Ordim~n0e. NQ; 934; ~11 Qrdin~nce amendina Chaoter 43 of the Stillwater Citv Code entitled liauor City Attorney Magnuson stated that this ordinance relates to the payment of liquor license fees by stating that all license fees must be paid annually and kept current even though from time to time the licensed premises is vacant. He also stated that the ordinance states that a license may remain at a vacant location for a period of the remaining calendar year and one year after that, after which time the Council would be entitled to grant the license to someone else. He stated that the reason for this ordinance is that the current ordinance does not reflect that liquor licenses should be paid for whether the licensed premises are vacant or not. Page 13 of 18 City Council Meeting - 03-07 April 1, 2003 Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt . Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwater City Code entitled liquor. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible waiver of fee for rezonina reauest - Mr. Greethurst . . . Community Development Director Russell stated that this rezoning request should be part of a study for the area surrounding the Greethurst property. He recommended that the study be done and therefore Mr. Greethurst would not have to pay for the fee to rezone because it would be part of that study. Councilmember Kriesel asked if this zoning includes the old Parks Department. Councilmember Milbrandt stated that there have been some ideas by the Parks Board for that area, however it could be part of the zoning study. Mr. Greethurst requested that his property be acted upon as soon as possible as he has a buyer for this property. Mayor Kimble stated that the entire area needs to be studied and advised Mr. . Greethurst that he would have to wait until after the rezoning. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger directing Mr. Russell to proceed with the rezoning study of Mr. Greethurst's property and surrounding areas, including the old Parks Department property. All in favor. NEW BUSINESS Possible approval of riaht-of-wav permit fees Assistant City Engineer Sanders presented Council with a proposed right-of-way permit and proposed fees for that permit. He stated that City Council adopted Ordinance 890, an ordinance pertaining to right-of-way management, which regulates the use of the public right-of-way by private utility companies. He stated that the ordinance requires set up of a right-of-way permit, an obstruction permit and a registration application and those items are for Council approval as well as a resolution for the fees. Council member Rheinberger asked if these fees would cover people who put dumpsters in the street, etc. Mr. Sanders stated that this permit and fees would be charged for this as well. . Page 14 of 18 . . . City Council Meeting - 03-07 April 1, 2003 Councilmember Kriesel asked if Excel and the Water Department would be paying these fees. Mr. Sanders stated that the Water Department could be paying these fees as the City works with the Water Department on main breaks, etc. Council member Kriesel stated that in order to give an actual cost, utilities should be charged whether they are public or private. Mr. Kriesel stated that he talked to Excel and that they request that they be billed quarterly for these permits. Mr.- Sanders stated that could be arranged. Motion by Council member Kriesel, seconded byCouncilmember Rheinberger to adopt Resolution 2003-75, resolution approving right-of-way permits and fee schedule. All in favor Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Reauest for Fire Act Grant match Fire Chief Kallestad requested approval for the Fire Department to apply for the 2003 Federal Fire Act Grant. He stated that the City matching funds required is $2,200. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-76, authorization to apply for 2003 Federal Fire Act Grant and commit local match. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooroval of olans ami ~Q~<!ifi<!~~i(m~ ~nd authorizina advertisement for bids for the 2003 Street Imorovements Assistant City Engineer Sanders requested approval for the plans and specifications for the 2003 Street Improvements and authorization to advertise for bids for the project. He stated that the engineering department would be meeting with the various residents who have concerns relating to the sidewalk installation and the removal of trees. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-77, resolution approving plans and specifications and authorization to advertise for bids for 2003 Street Improvements (Project 2003-02). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 15 of 18 City Council Meeting - 03-07 April 1, 2003 \; Review and aooroval of downtown oav oarkina sianaae . Community Development Director Russell presented Council with the proposed design of the downtown pay parking signs. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the downtown pay parking signage. All in favor. Consideration of rea~J~~t ~nQ recomlT!~ndation re.Q~rQinq fee for use of on-street oarkinq soaces for trollev use Community Development Director Russell stated that Stillwater Trolley Company has requested to use two Nelson Street on-street parking spaces for parking the Stillwater Trolley tours operation. He stated that the Planning Commission reviewed the relocation of the ticket booth to the railroad property and that approval was conditioned upon Stillwater Trolley receiving City Council approval and paying for the use of the two parking spaces. He stated that the Downtown Parking Commission reviewed this request and recommended a $500/space fee based on the revenues produced by as space in the South Main and Riverview pay lots. Mr. Robert Raleigh, Stillwater Trolley, requested that the payment of $1 ,000 be split. Councilmember Rheinberger suggested $500.00 payable now and $500.00 in the fall.. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the use of the two parking spaces at a fee of $500 per space with the fee to be $500 now and $500 on October 1,2003 for a three year period. All in favor. Consideration of reauest bv Loft~ 9f Stillw~t~r. Inc. for Tax Increment Financina Assistance Community Development Director Russell reviewed the tax increment financing application for theStillwater lofts project. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the tax increment financing application for the Stillwater Lofts project. All in favor. Possible first readina of ordinanc;~ to adopt 11e.\tV 7003 Minnesota State Buildina Code. City Attorney Magnuson reviewed the ordinance to adopt the new 2003 Minnesota State Building Code. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to approve the first reading of Ordinance No. 935, an ordinance adopting the 2003 Minnesota State Building Code. This ordinance provides for the application, administration and enforcement of the . Minnesota State Building Code. All in favor. Page 16 of 18 . . . City Council Meeting - 03-07 April 1, 2003 ......\'" Possible aooroval of Parkina fines for Pav Parkina Lot Mayor Kimble reviewed the memo from Chief Dauffenbach regarding the fines for the pay parking lots. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-78, resolution setting parking fines for pay parking lots. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooroval of Domestic Preoaredness Grant Proaram Chief Dauffenbach stated that the Stillwater Police Department would receive $11,497 for training and equipment to put two members on the countywide SRT team. He stated that there is $9,552 to train the police department and other City departments in incident command and that the third grant was awarded to Washington County and dispersed to cities to rewrite their emergency plan with a terrorist component. He stated that Stillwater's portion of this grant is $3,420. Motion by Councilmember Rheinberger, seconded by Councilmember Junker accepting the grant money. All in favor. Possible aooroval of Mutual Aid Aareement Chief Dauffenbach stated that this agreement has been updated to cover major case investigations and also the SRT. He stated that with approval of the grants he expects the assignment of officers to the SRT and recommends Option 1 of the agreement. Motion by Councilmember Rheinberger, seconded by CouncilmemberJunker to adopt Resolution 2003-79, approving Joint and Cooperative Agreement with SRT Response Option 1. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible authorization for Environmental Assessment Worksheet Studv (EAW) for Territorial Prison Community Development Director Russell stated that because the Territorial Prison site is on the National Register of Historic Places and that the development of the site may impact the resource, an EAW is required. He stated that the cost of the EAW would be $5,980 and that this cost is normally passed on to the development. Page 17 of 18 City Council Meeting - 03-07 April 1, 2003 . Motion by Council member Rheinberger, seconded by Council member Kriesel adopting . Resolution 2003-80, approving contract with The 106 Group, Ltd for the Environmental Assessment Worksheet Study (EAW) for Territorial Prison at a cost of $5,980. All in favor. COUNCIL REQUEST ITEMS Council member Kriesel asked that Council adopt a resolution supporting the troops in Iraq. He stated that this is not in support or against the war, just a resolution that we support our troops. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-81, supporting the United States Military troops. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 10:00 p.m. All in favor. ATTEST: ~ay L. Kimble, Mayor . Diane F. Ward, City Clerk Resolution 2003-72, directing payment of bills Resolution 2003-73, approving the policy on City website links Resolution 2003-74, approving contract renewal with Qwest for T1 line Resolution 2003-75, resolution approving right-of-way permits and fee schedule Resolution 2003-76, authorization to apply for 2003 Federal Fire Act Grant and commit local match Resolution 2003-77, resolution approving plans and specifications and authorization to advertise for bids for 2003 Street Improvements (Project 2003-02). Resolution 2003-78, resolution setting parking fines for pay parking lots Resolution 2003-79, approving Joint and Cooperative Agreement with SRT Response Option 1 Resolution 2003-80, approving contract with The 106 Group, Ltd for the Environmental Assessment Worksheet Study (EAW) for Territorial Prison Resolution 2003-81, supporting the United States Military troops Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwater City Code entitled liquor . Page 18 of 18 .. / LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003- 82 . . Ace Hardware Advanced Sportswear Appletree Institute AT&T Board of Water Commissioners Buberl, Larry Bruchu, Brian Bull HN Information Systems CarQuest Century College Clarey's Safety Equipment Coca Cola Comcast First Line Beverage G&K Gopher Bearing Co. Holiday Commercial Jani King Jansens Cleaning Service J H Larson Johnson Radio Communications Kusske Mechanical, Inc. Kustom Signals, Inc. LMC Lind, Gladys Lofts of Stillwater MacQueen Equipment Magler, Jeff Maple Island Hardware Menards Met Life Dental Metropolitan Council Environmental Metropolitan Council Environmental MinnBlue Digital Imaging Minnesota Chiefs of Police MN Dept of Trade & Economic Development MN State Treasurer M J Raleigh Trucking, Inc. MTI Distributing Municipal Emergency Services Nestle Ice Cream Office Depot Pameco Corporation PC Pit Stop Post Board,MN Board of PO Standards Pump and Meter Service Roettger Welding, Inc. Safety Kleen Systems S1. Croix Boat & Packet S1. Croix Events . Hardware Uniforms Adult Hockey League Retiree Health Insurance Telephone 1 st Quarter WAC Report 2003 March Animal Transports Mileage Reimbursement Jury Duty Glink Professional WKSTN Lic. Vehicle Repair Supplies Education Extinguisher Inspection Concession Supplies Cable Concession Supplies Uniforms, Rugs & Mops Cleaning Chain, Link,Spring Clip & Bearing Fuel Maintenance Agreement April Maintenance Agreement March Bulbs for Dome Quarterly Maintenance Contract Repair Leak Lily Lake EGL I Remote Seminar Land Purchase Payment Draw Request #1 from Met Council Equipment Repair Supplies Training Reimbursement Expenses Hardware Repair & Maintenance Supplies Dental Insurance Wastewater Service May 2003 March SAC Report Office Supplies 2003 Network Return Grant Funds per DTED 1 st Quarter Surcharge Report 2003 McKusick Ravine Storm Sewer V Belt, Blade & Gasket Tape Concession Supplies Office Supplies Maintenance Supplies Cat 5 Patch Cable Application Fees Repair Fuel System Welding Supplies Hazard Waste Pick Up March 2003 Billings 2003 Fire Works Contribution 149.74 159.00 22,410.16 18.16 42,174.00 50.00 1.08 239.63 437.14 149.00 175.54 1,195.60 11.79 297.00 2,548.73 259.13 115.55 298.20 250.00 488.68 910.72 300.00 89.31 200.00 927.00 5,483.83 699.60 263.31 214.08 137.91 187.31 87,316.67 16,409.25 120.86 1,000.00 39,472.00 5,953.63 128,669.42 408.31 15.00 79.68 53.44 55.47 9.53 720.00 779.39 5.00 1,400.00 35,375.96 15,000.00 EXHIBIT" A" TO RESOLUTION #2003- 82 S1. Joseph Equipment Inc. Sandy's Office Coffee Service Shilts. Cindy Sigarms Springsted S & T Office State of MN BCA Stillwater Courier Stillwater Gazette Stillwater Lions Stillwater Motors Stillwater Towing 3M Toll Gas & Welding Supply Tower Asphalt, Inc. Vance Brothers Vermeer of MN Verizon Wireless Washington County Winnick Supply Inc. Wrap & Ship Yocum Oil Co. Zahl - Petroleum Maintenance Co. Zamboni ADDENDUM TO BILLS Gopher State One Call Magnuson Law Firm MN Dept of Economic Security Qwest Quill Office Supplies Reedsburg Hardware Co. Springsted Thomson West Washington County Assessment Washington County License Center Washington County Recorder/Registrar Waste Management Xcel Pad and Brake Coffee Supplies Reimburse for Code Books Training Acadamy Service Fees for Issuing Bonds Office Supplies CJDN Connect Publication Publication Membership, Meals 2nd Qtr Kallestad Repair 6119 Vehicle Repair, Forfeiture Towing Sign Material Welding Supplies UPM Winter Mix Crack Filler Equipment Repair Supplies Cell Phones 2003 1 st Half Payment Liberty on Lake Repair Supplies Packing & Freight Fuel Drain Oil Storage Tank PWF Resistor Kit Billable Tickets Professional Services 1 st Qtr Unemployment Benefits Telephone Office Supplies Cross Chains, Hooks, Fasteners Professional Services MN Session Law Updates Assessment Services 2003 Forfeiture for Resale Variance, SUP Jan - April 2003 Recycling Electricity/Gas '!". Page 2 181.09 75.00 132.84 350.00 30,783.76 73.90 270.00 130.99 209.59 78.00 313.00 159.76 1 ,030.44 217 .78 97.81 2,020.31 26.66 326.67 20.00 137.83 20.49 1,882.56 2,947.40 64.69 . . 52.70 13,069.33 773.89 682.08 23.77 1,134.02 3,470.81 248.15 80,230.95 12.50 130.00 15,115.20 13,235.23 Total 583,414.01 . . . . EXHIBIT" A" TO RESOLUTION #2003- 82 Page 3 Adopted by the City Council this 15th Day of April, 2003 I l L..L i'~'._.I. ......'._.'.1 ',JI..-+.... U"_} ',j'.:).1-4 . U4 1 U. '-_..1 I I ur ..:)!! LL','\)H I Cr.:. . !Hi\ : t)~)14..::;I.)::::;;::;,I,)~::j f-'Hl,t (:'/ (:' hi' ~wa~er '''~ .' ~ -:::''''i,,,,''''iI:''~I.;l\ 7tIE BIATHPLACe OF M'HN~SOU i) APPLICA TION FOR TEMPORARY LIQUOR LICENSE TO DISPENSE 3.2 PERCENT MALT LIQUOR 1. Applicant: "S t, \\/l&(0 \ S 0 ~+^o-li c ~u r uk (Must be club or charitable, reHgiou, or non-profit organization) 2. 3. 4. 5. 6. . Dated: Location: Wz 3 S{)iJt,^ S'-t~ CS\-0 nQ.~\- <J t-\ l.l \0 tlk( Event: I U ; t J . K \.()L._ l--~+', J J ' (Must be a convention, banquet, conference, meeting, or social affair). Organization permitted to use premises: 5~~__Qd) nib .citre.-- Dates requested: S.~~ ~ 20 () "3 Hours ~f o~eration: t \ ~ VVl - Lf.~ YV) . L-l~1 0 '3 rv. M.\'ch ~'~n ~Ignature ----l/ 'St-- M6-.11d)S rhurck Organization " L{ z 3 s'., S-f-1~ 'St- I Address W3L:J-lz 1-D Telephone Return application to: City Clerk City of Stillwater 216 N 4ttl Street, Stillwater, MN 55082 Fax: 651-430-8809 Telephone: 651-430-8800 Council approval required. . CITY HALL: 216 NORTH FOURTH STillWATER; MINNESOTA 55082 PHONE: 651-430-8800 ,,> .J' LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2003- 82 . Ace Hardware Advanced Sportswear Appletree Institute AT&T Board of Water Commissioners Buberl, Larry Bruchu, Brian Bull HN Information Systems CarQuest Century College Clarey's Safety Equipment Coca Cola Comcast First Line Beverage G&K Gopher Bearing Co. Holiday Commercial Jani King Jansens Cleaning Service J H Larson Johnson Radio Communications Kusske Mechanical, Inc. Kustom Signals, Inc. LMC Lind, Gladys Lofts of Stillwater MacQueen Equipment Magler, Jeff Maple Island Hardware Menards Met Life Dental Metropolitan Council Environmental Metropolitan Council Environmental MinnBlue Digital Imaging Minnesota Chiefs of Police MN Dept of Trade & Economic Development MN State Treasurer M J Raleigh Trucking, Inc. MTI Distributing Municipal Emergency Services Nestle Ice Cream Office Depot Pameco Corporation PC Pit Stop Post Board,MN Board of PO Standards Pump and Meter Service Roettger Welding, Inc. Safety Kleen Systems S1. Croix Boat & Packet S1. Croix Events . . Hardware Uniforms Adult Hockey League Retiree Health Insurance Telephone 1st Quarter WAC Report 2003 March Animal Transports Mileage Reimbursement Jury Duty Glink Professional WKSTN Lic. Vehicle Repair Supplies Education Extinguisher Inspection Concession Supplies Cable Concession Supplies Uniforms, Rugs & Mops Cleaning Chain, Link,Spring Clip & Bearing Fuel Maintenance Agreement April Maintenance Agreement March Bulbs for Dome Quarterly Maintenance Contract Repair Leak Lily Lake EGL I Remote Seminar Land Purchase Payment Draw Request #1 from Met Council Equipment Repair Supplies Training Reimbursement Expenses Hardware Repair & Maintenance Supplies Dental Insurance Wastewater Service May 2003 March SAC Report Office Supplies 2003 Network Return Grant Funds per DTED 1 st Quarter Surcharge Report 2003 McKusick Ravine Storm Sewer V Belt, Blade & Gasket Tape Concession Supplies Office Supplies Maintenance Supplies Cat 5 Patch Cable Application Fees Repair Fuel System Welding Supplies Hazard Waste Pick Up March 2003 Billings 2003 Fire Works Contribution 149.74 159.00 22,410.16 18.16 42,174.00 50.00 1.08 239.63 291.90 149.00 80.76 1,195.60 11.79 297.00 2,548.73 259.13 115.55 298.20 250.00 488.68 910.72 300.00 89.31 200.00 927.00 5,483.83 699.60 263.31 225.25 137.91 187.31 87,316.67 16,409.25 120.86 1,000.00 39,472.00 5,953.63 128,669.42 408.31 15.00 79.68 53.44 55.47 9.53 720.00 779.39 5.00 1,400.00 35,375.96 15,000.00 EXHIBIT" A" TO RESOLUTION #2003- 82 S1. Joseph Equipment Inc. Sandy's Office Coffee Service Shilts, Cindy Sigarms Springsted S & T Office State of MN BCA Stillwater Courier Stillwater Gazette Stillwater Lions Stillwater Motors Stillwater Towing 3M Toll Gas & Welding Supply Tower Asphalt, Inc. Vance Brothers Vermeer of MN Verizon Wireless Washington County Winnick Supply Inc. Wrap & Ship Yocum Oil Co. Zahl - Petroleum Maintenance Co. Zamboni Adopted by the City Council this 15th Day of April, 2003 Page 2 Pad and Brake Coffee Supplies Reimburse for Code Books Training Acadamy Service Fees for Issuing Bonds Office Supplies CJDN Connect Publication Publication Membership, Meals 2nd Qtr Kallestad Repair 6119 Vehicle Repair, Forfeiture Towing Sign Material Welding Supplies UPM Winter Mix Crack Filler Equipment Repair Supplies Cell Phones 2003 1 st Half Payment Liberty on Lake Repair Supplies Packing & Freight Fuel Drain Oil Storage Tank PWF Resistor Kit 181.09 . 75.00 132.84 350.00 30,783.76 73.90 270.00 130.99 167.27 78.00 313.00 159.76 1,030.44 217.78 97.81 2,020.31 26.66 326.67 20.00 137.83 20.49 984.76 2,947.40 64.69 . . . . . ~emo DATE: April 2, 2003 TO: Mayor and City Council FROM: Sharon Harrison Asst. Finance Director RE: Year-End Interfund Loan BACKGROUND As with every year, there are transactions that need to be approved to finalize the year-end process. For the year ending December 31, 2002, the following transaction is needed: 1. Interfund Loan from the Permanent Improvement Fund (fund #451) to the Downtown Scattered Site Improvement Fund (fund #470) in the amount of$II,036.25. Expenditures in the Downtown Scattered Site Improvement fund are start up costs for TIF # 10 and will be refunded to the Permanent Improvement Fund once TIF # 1 0 is certified and generating Tax Increment revenues. RECOMMENDATION Staff recommends the above transaction to finalize the year ending December 31, 2002. ACTION REOUIRED: If Council accepts the staff recommendation they should adopt a resolution outlining the above action. cc: David Magnuson RESOLUTION 2003- AUTHORIZING YEAR-END INTERFUND LOAN . WHEREAS, every year, there are transactions that need to be approved to finalize the year-end process. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that for the year ending December 31, 2002, the following transaction is needed: 1. Interfund Loan from the Permanent Improvement Fund (fund #451) to the Downtown Scattered Site Improvement Fund (fund #470) in the amount of $11,036.25. Adopted by the Stillwater City Council this 15th day of April 2003. Jay L. Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . . . MEMORANDUM April 8, 2003 TO: Mayor and City Council FROM: Larry D. Hansen, City Administrator SUBJECT: Deferred Assessment Interest DISCUSSION: Attached please find a request from Bethany Covenant Church requesting that the City drop interest charges now totaling $718.28. A summary of the request is as follows: . >- In 1999 the church was assessed $2,565.22 >- Since the assessments were on unimproved lots the assessments were deferred >- The church received original notice of the assessment, but not the deferral >- In 2002 the church subdivided and sold two lots. No assessments were paid or noted at closing >- City staff notified the church in July 2002 of the unpaid assessment. >- The title company should have contacted the City for deferred assessments >- The closing attorney has contributed $1000 to the church toward the assessment >- The church is willing to payoff the total principal of the assessment. RECOMMENDATION: Since the City failed to give notice of the deferral, staff recommends that the interest portion of the assessment be forgiven. ACTION REQUIRED: If Council accepts the staff recommendation they should pass a motion adopting Resolution 2003-83, authorizing the forgiveness of interest portion of assessment for Bethany Church. . RESOLUTION 2003-83 . RESOLUTION AUTHORIZING THE FORGIVENESS OF INTEREST PORTION OF THE ASSESSMENT FOR BETHANY CHURCH FOR LOCAL IMPROVEMENT 342, PROJECT 9721 WHEREAS, in 1999 the church was assessed $2,565.22 for Local Improvement 342, Project 9721; and WHEREAS, since the assessments were on unimproved lots the assessments were deferred; and WHEREAS, the church received original notice of the assessment, but not the deferral; and WHEREAS, the title company should have contacted the City for deferred assessments; and WHEREAS, the church is willing to payoff the total principal of the assessment. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of . Stillwater that the interest in the amount of $718.28 is hereby forgiven on this assessment. Adopted by the City Council this 15th day of April, 2003. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . Meeting Agenda with City of Stillwater, 26 March, 2003 ATTENDEES: Larry Hanson - City Administrator Jerry Tumquist- Board Chairman (current) of Bethany Covenant Church Alan Mott - Board Chairman (Past) of Bethany Covenant Church RE: Parcels 32 030 20 32 0010 and 11 (new Geo codes 51 and 52) Deferred Hook Up Charges for land owned by Bethany Covenant Church History Summary: City Sent 10/09/99 notice for hearing of Stillwater council . Notice of hearing on proposed assessment for $2,565.22 . Considered an invoice and bill if not notified within 10 days . Fees covered lots adjacent to church and owned by Bethany Covenant Church . Billing/Collection of fees deferred by city (unbeknown to church but no bill sent) . Bethany board made decision to subdivide lots and sell (2002) Lots sold by Bethany and closing arrangements to be handled by David Newberg. Attorney at Law Closing completed after title and assessment search (Title company used/Bettendorf) . No assessment fees were noted or paid during closing . Bethany understood closing to be fmal sale without additional monies owed - no assessments on closing documents after search - closings took place in early 2002 Bethany notified by Monica Price (city of Stillwater) that we owed city $3,103.93 (prin + interest) for assessments not paid -letter of29 July, 2002 Alan Mott (on behalf of church) contacted city to determine how this happened. Monica Price indicated that no billings had been sent because of deferral status and that the notification of sale triggered the billing in July of this year. She also indicated that no _ title company or attorney's office had checked with her office regarding assessments prior to our closing. I asked about getting the interest removed since the council in place at was not billed for these charges or notified at closing. Any action on behalf of the city has to be coordinated through Larry Hanson and come before approved by Stillwater city council Alan and Jerry met with closing attorney to determine why assessments were not noted at closing - he has met with title company who apparently subcontracted search - no response given to date. Closing attorney rebated $1000.00 donation to assist - paid to city in March Bethany has paid additional $1000.00 towards original $2565.22 due - balance now is $565.22 . REOUESTED ACTION STEPS: · City drop interest assessment (shown as $538.71 as of July 29,2002) with permission of city council - Based on no notification of deferral status in 1999 (church officers, treasurers, etc are volunteers and change responsibilities every 1-3 years)by City of Stillwater so no record of obligation - Errors on part of closing officers not finding deferred assessment - Title company indicated that deferred assessments don't show up in search - Church would have paid assessment due at closing (had it been known) as part of disbursement standard procedure - Church is now struggling to raise money from general fund (weekly offerings) of non budgeted obligation · This item go on next city council agenda but should be on 4:30 times lot agenda · Bethany Covenant to pay balance of obligation in next 30 days ($565.22) ,";..:.;.; . . . Check No. Previous lawful gambling exemption number X-nC:;Qr7 StatelZip Code County . Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information Organization name CIDURAGE CENTER - S~ Street rrn;y City lQ1C:; (:nl(lpn Vi'lllp.v 1.,'(l Mi.rnp.~p..Ql;~ Name of chief executive officer (CEO) First name Last name MN Pr;r Name of treasurer First name C::,-t- O,Tone::: Last name EM Johnson Lawrence Type of Nonprofit Organization Fee - $25 Page 1 of 2 3/01 For Board Use Only Fee Paid 55422 HENNEPIN Daytime phone number of CEO 7fll-5?O-0242 Daytime phone number of treasurer: 763-520-0226 Check the box that best describes your organization: o Fraternal 0 Religious o Veteran ~ Other nonprofrt organization Check the box that indicates the type of proof your organization attached to this application: o IRS letter indicating income tax exempt status o Certificate of Good Standing from the Minnesota Secretary of State's Office o A charter showing you are an affiliate of a parent nonprofit organization IX! Proof previously submitted and on file with the Gambling Control Board . Gamblinq Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) ();:,l< r-1on r-n1-F ('111.... Address (do not use PO box) City 15~9 McKusick Road ~Stillwater Date(s) of activity (for raffles, indicate the date of the drawing) State/Zip Code County WASHINGTON MN 55082 May 20, 2003 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: o *Bingo tXl Raffles (cash prizes may not exceed $12,000) 0 *Paddlewheels 0 *Pull- Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's altemative format (i.e. large print, Braille) name and address will be public information upon request. The information requested when received by the Board. An the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit, all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supply the information requested; however, applying for your permit will become public. if you refuse to supply this information, the If the Board does not issue you a permit, Board may not be able to determine your all the information you have provided in the qualifications and, as a consequence, may process of applying for a permit remains refuse to issue you a permit. If you supply private, with the exception of your name the information requested, the Board will and your organization's name and address be able to process your application. which will remain public. Private data about you are available only to . the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and intemational gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specificany authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Page 2 of 2 3/01 Organization Name__________ ____________________ Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. . If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. Check the action that the county is taking on this application. O The county approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The county approves the application wit.h a 30 day waiting period, and allows the Board to Issue a permit after 30 days. o The city denies the application. o The county denies the application. Print name of city __ Print name of county _____ (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title_ Date __I Date______I_ 1_- TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).J Print name of township . (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature f The information provided in this application is omp~"a~ Chief executive officer's signature . '-A.-. . . urate tot~st of my knowledge. "':UA~ - Name (please print) Eric Stevens Date 4 I 3 I 03 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. . . . . Fee - $25 Page 1 of 2 3/01 For Board Use Only Minnesota Lawful Gambling LG220 - Application for Exempt Permit Organization Information Check No. Mi~~~~.f-~ O:1A({ 'tlVl Ut\Le( Al (f\ttf1(;~revious ~wfulgambling exemption number Street City' StatelZip Code County ~~~~o~:~~E1w:~~~~tO) Stt\J~~ M~ 55377 Suo-H- First name Last name Daytime phone number of CEO lLa:tid e e f"\ (7 ~ V{ ^ Q'5 2- 5fl 0 - V 7S Name of treasurer R~M~ ~~M~ SVSttf'\ lLusl-tn-e r Type of Nonprofit Organization Fee Paid Daytime phone number of treasurer. bC:> ( L.fSlf g,~3 '=' Check the box that best describes your organization: D Fraternal D Religious D Veteran MOther nonproftt organization Check the box that indicates the type of proof your organization attached to this application: ~ IRS letter indicating income tax exempt status D Certificate of Good Standing from the Minnesota Secretary of State's Office D A charter showing you are an affiliate of a parent nonprofit organization D Proof previously submitted and on file with the Gambling Control Board Gamblin~ Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) O~J( 6lm C()u(t+rt-{ C, (vn Address (do not use PO box) I C~ I~ 0c KU7tl/k. UN. 'Sh'll \V~~./ Date(s) of activity (for raffles, indicate the date of the drawing) f~i~~~ .:.'6':a::'~.;'type of gambing _,.,.. .ogan_". be conducting D *Bingo ~ Raffles (cash prizes may not exceed $12,000) D *Paddlewheels D *Pull- Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor, This form will be made available in Your name and and your organization's alternative format (Le. large print, Braille) name and address will be public information upon request The information requested when received by the Board. AD the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit, all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supply the information requested; however, applying for your permit will become public, if you refuse to supply this information, the If the Board does not issue you a permit, Board may not be able to determine your all the information you have provided in the qualifications and, as a consequence, may process of applying for a permit remains refuse to issue you a permit. If you supply private, with the exception of your name the information requested, the Board will and your organization's name and address be able to process your application. which wiD remain public. Private data about you are available only to StatelZip Code NlN 550 ~2 County the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of pubrlC Safety; the Minnesota Attorney General; the Minnesota Commissioners of Admin~~ a~;on, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gamblu,g regu~tory agencies; anyone pursuant to court order; other individuals and agencies that are specifICally authorized by state or federal law to have. access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information atter this Notice was given; and anyone with your consent LG220 - Application for Exempt Permit Organization Name-Hl.tV\e)()~ OvaJrAfl Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The city denies the application. Print name of city (Signature of city personnel receiving application) Title Date (/1.t1U r .Aflt'fL/lc.~ Page 2 of 2 3/01 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. . O The county approves the application with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has 'no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township . (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this apPlicrJ1 L ~JmPlete and ~~ra~e to the best of my knowledge. Chief executive officer's signature (jV /k>rl/llt!'- / II 1I \../ Name (please print) jLA,~h(tJ1, (?~f/IA ( Date:5 I 311~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of govemment or has been denied, do not send the application to the Gambling Control Board. . .s Game - Closest To Pin Helicopter "Ball'.oP for Thousands of $$'s 1111 ~~C 11 (V( ~~J\~ n MINNESOTA OVARIAN CANCER ALLIANCE SHOOT-OUT BENEFrr (;OLF 'r()IJRNAMENT Thursday, August 28, 2003 " ()ak G-Ien. Country Club @ Stillwater, MN Schedule of Activities o 11 :00 A.M. RegistrationlLunch · 1 :00 P.M. Shotgun Start · Scramble Format It 6:00 P.M. Dinner SPONSORSHIP OPPORTUNITIES Longest Putt - Lon. Drive TITLE SPONSOR - $7,500.00 .. Your company name will be the tournament name i.e.: the XYZ Shoot-Out for ovarian cancer research. Name recognition in all printed materials - brochures, program, scorecard, cart signs,banner,etc. .. Three foursomes (12 players) in the 18-hole scramble. .. Player gift packages, carts, dinner and hole contest and team prizes valued at more than $5,000.00. .. Company logo on the sleeve of the golf shirts distributed to all tournament participants and volunteers. .. Opportunity to distribute brochures, product samples and other promotional material to participants in the tournament. .. Press releases and exposure of your company name at all MOCA events and newsletters in 2003. .. Corporate banner (provided by sponsor) displayed at the clubhouse near registration. ... Large full color logo sign displayed at the 1st and 10th tees. .. Recognition during the dinner program by the emcee. .. Full page logo ad in the event programs distributed to players, sponsors, donors and volunteers. '" Recognition during the dinner program by the emcee. .. 112 page logo ad in the event programs distributed to players, sponsors, donors and volunteers. PRESENTING SPONSOR - $5,000.00 .. Two foursomes (8 players) in the 18 hole scramble. .. Player gift packages, carts, dinner, and hole contest and team prizes valued at more than $5,000. .. Opportunity to distribute brochures, product samples, and other promotional materials to participants in the tournament. .. Name recognition in all printed materials- brochure, program, scorecard, cart signs, banner, etc. · Corporate banner (provided by sponsor) displayed at the clubhouse near registration. .. Large full color logo sign displayed at two tees. HOLE SPONSOR - $2,000 .. One foursome (4 players) in the 18 hole scramble. .. Player gift packages, carts, dinner, and hole contest and team prizes valued at more than $5,000. · Large sign displayed at the tee of one hole. .. Name recognition in event program distributed tc players, sponsors, donors and volunteers. TEE SPONSOR - $500 (no golfers) .. Large sign displayed at the tee of one hole. .. Name recognition in event program distributed tc players, sponsors, donors and volunteers. Printing Courtesy of Graphic Resources 651-731-8503 INDIVIDUAL PLAYER (non-corporate) - $150 EACH .. One entry in the 18 hole scramble, player gift package, cart, dinner, hole contest and team prizes. Call Joelle Overton 763-428-5418 for more informat.ion or ~m::til~ iov~rtonfii)kinO'('omn~nip..rom l\UtUU~ftg LJUU VUllte:: . 1.1. un: ~'" vue. ... .I.....u.......5"...'" This tourname.eautiful Oak Glen Country Club in Stillwater IS a major fund raising event for the Minnesota Ovarian Cancer Alliance (MOCA). MOCA is a non-profit organization dedicated to education, support and research for ovarian cancer, a disease that affects 1 in 57 women. SPONSOR/PLAYER CONFIRMA'TION FORM SPONSOR NAME (as you would like to be recognized) CONTACT_ ADDRESS CITY/STATE PHONE E- MAIL ZIP FAX COMMfJMI!Nf $7,500 Title Sponsor (3 Foursomes) $5,000 Presenting Sponsor (2 Foursomes) . $2,000 Hole Sponsor (1 Foursome) . $500 Tee Sponsor (No Golfers) . $]50 Individual Entry (Non-corporate) $. Enclosed is a Donation PLAYER NAMES PLAYER #1 PHONE # PLAYER #2 PHONE # PLAYER #3 PHONE # PLAYER #4 PHONE # . SPONSORS - E-mail a high resolution full color corporate logo to: joverton@kingcompanies.com Please return as soon as possible, no later than AU~lIst 1, 2003 Send checks payable to: Shoot-Out Benefit Return to: SHOOT-OUT BENEFIT P.O. BOX 460 ROGERS. MN ):)T74 ATTN: J. OVERTON FAX: 7(,3-428-1625 . . . :311 Joelle Overton at 763.428-5418 for More Information c:l Z ~tll ::EN o _t<"> ...< tll"" G:t;e~... ~~~....l~ "" ~~ z'" 9~ 0::> ~ Z "" ~i !: " (or.. <: '"' ~ \0~~ ~ ~ E-< ~ Z ~ ;;;;"tr ;:is 69xvi <:E-<Op:; ~80o:ll.Ll w 0 .0 ~::tOO :1cnc:...P:; . . ~~CJ1. '~fi~ n MINNESOTA OVARIAN CANCER ALLIANCE SHOOT-OUT BENEFIT GOLF TOURNAMENT DON'T MISS THIS FUN DAY! Thursday, August 28, 2003 Oak Glen Country Club Stillwater, MN Please Visit Our Website For Updates: www.mnovarian.org . . . Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information , Organization name ~-f. (I C;>1,X Street 7/ ~ Page 1 of 2 3101 For Board Use Only Fee Paid Fee - $25 J Check No. Previous lawful gambling exemption number {()~! ,~ty (I d II (.,~ t rr (CAI { C~';1l-cr I City' '. . f-vd 5~ J-j III,--"",Ci k/ State/Zip Code /Vl,AI S-ro1 J- County L.-V,L} Name of chief executive officer (CEO) First name 1l/L1,v'Y II, il' \.. Name of treas~rer First name . Last name K q)'< n ,S'L/'J -c:. -< i Type of Nonprofit Organization Last namJ ~l Q htfSq Daytime phone number of CEO b}' f Y 5 '1- S-7' V Daytime phone number of treasurer: @. f ) ) Y 3 6 ~ 3 / J 0 Check the box that best describes your organization: D Fraternal D Religious D Veteran nzrOther nonprofit organization Ch~~e box that indicates th~ type of proof your organization attached to this application: 1Q.. IRS letter indicating income tax exempt status /::J Certificate of Good Standing from the Minnesota Secretary of State's Office D A charter showing you are an affiliate of a parent nonprofit organization D Proof previously submitted and on file with the Gambling Control Board Gamblin~, Premises Information ,Nam~mises where, gambl!ng acyv.tt~ will be.ccn~ucted (for:. raffles, list tl)e site where the drawing will take place) _ \ V)e. l-:>\0-t\o1 aUY\C(;LL--'? \- ~ess ldo not ~ PO b1%.-I 5-1- (City. .' StatelZip Code __ 0 ( ~~. ~ ,,' l"j .j I II<---,d't' f f1 J./ )J op:L. ,. ." Date(s) of actMty (for raffles, indicate the date of the drawing) Dc -\-%e r 2.. I d- c:i05 Check the box ~xes that indicate the type of gambling activity your organization w. ill be conducting: D *Bingo ~ Raffles (cash prizes may not exceed $12,000) D *Paddlewheels 0 *Pull-Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor. J This form will be made available in Your name and and your organization's the following: Board members, staffofthe altemative format (i.e. large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; . on thisform (and any attachments) will be information that you provide will be private the Mi~nesota Department of pubrlC Safety; used by the Gambling Control Board data about you until the Board issues your the Mmnesota Attorney General; the (Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supply th~ information requested; however, applying for your permit will become public. intemational gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, ~n~o~e pursuant to cou~ order; other Board may not be able to determine your all the information you have provided in the indiViduals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refu~ to iss~e you a permit. If you supply private, with the exception of your name ~a~!o have access !o the inf?rmation; the Information requested, the Board will and your organization's name and address IndIVIduals and agencies for which law or be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and anyone with your consent. County LvA LG220 Application for Exempt Permi t Organization Name_~--S~, (, CD~ I) J ~-L; If Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city) . o The city denies the application. Print name of city (Signature of city personnel receiving application) Title Date 1____' Lrtt 'f le f).!cr- Page 2 of 2 3/01 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. . Check the action that the county is taking on this application. O The county approves the application with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date '- '- TOWNSHIP: On behalf (j)f the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township . (Signature of township official acknowledging application) Title Date .. ',.J...II..__ ,__'"__0", Chief Executive Officer's Signature The information provided in this applic~on is compl~a~d accurate to the best of my knowledge. Chief executive officer's signature 4/ a~ f\ ~ , I /. Name (please print) AlA IJ <.-1/ k,. 1/ I L vJ q" Date Y I 9 I C!3 { Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. . . . . Minnesota Lawful Gambling LG220 Application for Exempt Permit Organization Information Organization name ~Lt ern'j v ('r:d-l1nl;(~ C:Yh6~ 'S~yL{l ,')hOIU /4 ,?S ! 0 I,,y iil :d ;V ;-S~ ( 11II 1/."4W Name of chief executive officer (CEO) First name Last name r r rn ; thlt "j SK I i)713 ((11:- Name of treasurer I^ First name Last name 'I' I /". ( hD(,( Ul"i/n Type of Nonprofit Organization Fee - $25 Page 1 of 2 3/01 For Board Use Only Fee Paid Check No. Previous lawful gambling exemption number '~- 8~{b iI-6J - CO/ State/Zip Code County 11'\ Vi 5SD6:2. Ll):t.;).J\ Daytime phone number of CEO 4S 9 - '-I Lj D() Daytime phone number of treasurer: 4 ;) In - III ~C: () ,.'2 Check the box that best describes your organization: D Fraternal QQ Religious D Veteran D Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: D IRS letter indicating income tax exempt status D Certificate of Good Standing from the Minnesota Secretary of State's Office D A charter showing you are an affiliate of a parent nonprofit organization IOSJ. Proof previously submitted and on file with the Gambling Control Board (& s ,') / f' \ l &.;', I Gamblin~ Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) ~ - emU CAthnL'c Ji1M! Address (do not use PO box) City State/Zip Code County t'Yln .s-s:o?2 W/J,sA / ~l J S :;> rd <' I <;';- I i lC(j.. ~ D d'.."J;;f-- ~/ I f.r'!t'ii-Hr Date(s) of activity (for raffles, indicate the date of th~ drawing) VllvtJl ,::Sf, :J()^~ Check the bo or boxes J~at indicate the type of gambling activity your organization will be conducting: D 'Bingo ~ Raffles (cash prizes may not exceed $12,000) D 'Paddlewheels D 'Pull-Tabs 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's alternative format (Le. large print, Braille) name and address will be public information upon request. The information requested when received by the Board. All the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit, all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supply the information requested; however, applying for your permit will become public. if you refuse to supply this information, the If the Board does not issue you a permit, Board may not be able to determine your all the information you have provided in the qualifications and, as a consequence, may process of applying for a permit remains refuse to issue you a permit. If you supply private, with the exception of your name the information requested, the Board will and your organization's name and address be able to process your application. which will remain public. Private data about you are available only to D 'Tipboards the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public 'Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for E,xempt ~ermit. /~, , : O . f N,j i .['Y'L {C,.J-.t7o!l( . 'v 1 11:;1! rganQalon ame__~~~~__~~ ~L _____yJ~_______~JJ~_ _________________________ Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Page 2 of 2 3/01 . If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. Check the action that the county is taking on this application. O The county approves the application with no waiting period. O The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The city denies the application. o The county denies the application. Print name of city ____ Print name of county ___ (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title_______________ Date_ -'------ Date______I______I______ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township ___ . (Signature of township official acknowledging application) Title Date__ of my knowledge. Date_ i.j 1__2__/03 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of govemment or has been denied, do not send the application to the Gambling Control Board. . . (" ~. :w,':er ~ ._~ --=:: ~ -- -\~ THE BIRTHPLACE OF MINNESOTA J APPLICATION FOR PERMIT TO SELL Permit No 2003 -- 271 Location Lily Lake Ballfields Organization Organization Type (Individual, For-Profit, or Non-Profit For Profit Bus/Organization First Name Mike Last Name Asmus Address 127 Maryknoll Drive Date of Birth: City Stillwater State MN Zip 55082 Mailing Address (if different than above) Home Phone Work Phone 651-775-9071 Event (softball game, wedding, etc. Ball Tournament Type of Activity (fund raiser, dancing, music etc.) .eginning Day: Friday, May 23,2003 Ending Day Selling of Beer 3-2 Selling of Beer (over 3-2)* 0 Sunday, May 25, 2003 ~ Beginning Time 6:00 PM Ending Time 7:00 PM Selling of Liquor* Selling of Wine* *Requires a temporary license through MN Liquor Control o o Diane Ward, City Clerk O~~lCE USE ONLY Permit to Sell Issued o Approved by City Council on . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . Met110randum To: Mayor and City Council Klayton Eckles, City Engineer \l-.-i. .,.....-.. April 8, 2003 From: Date: Subject: Payment to Our Savior's Lutheran Church for Lily Lake Phase 2 Stormwater Improvements DISCUSSION Earlier this year the City of Stillwater entered into an agreement with Our Savior's Lutheran Church. The agreement allows for the City to participate in a storm sewer installation project with the Church. By participating the City is able to install storm water pipes on the Church property to meet the objectives of the Lily Lake water quality improvement project. . Our Savior's Lutheran Church was already installing a small pipe and pond as part oftheir expansion. By enlarging and increasing the depth of the pipe and increasing the size of the pond the City of Stillwater can meet all of the objectives of the Olive Street Diversion portion of the Lily Lake Water Quality ImprovementProject. It appears that the total cost for the storm sewer pipe, pond and easements will be just under $250,000. The overall costs of all phases of Lily Lake Water Quality Improvement Project are estimated at approximately 1 million dollars. Current request from Our Savior's Lutheran Church shows $196,943 as the City's share. The current estimate provided by Our Savior's Lutheran Church is slightly higher than the amount discussed in the cost sharing agreement and substantially higher than the amounts originally discussed last summer. Staff is currently going over the details of the numbers. It appears appropriate that the City pay the $196,943.44 at this time. As the project gets closer to completion and we finalize some of the unknown numbers, the City's final payment might be adjusted based on our analysis of the presented costs. By paying the $196,943.44 we are not necessarily agreeing to this specific breakdown for all of the itemized expenses. RECOMMENDATION Staff recommends that Council authorize payment of$196,943.44 to Our Savior's Lutheran Church. The expenses associated with this project should all be earmarked for the Lily Lake Phase 2 Water Quality Improvement Project. . City of Stillwater Klayton Eckles, City EngineerlPublic Works Director 216 North 4th Street Stillwater, MN 55082 J ~@[f;ltWl[f; MAR 9 ,~ t;:liJL By: "" I 2003 . . -........... --- --- .....--........ca_ March 27,2003 Dear Klayton, With this letter Our Savior's Lutheran Church (the church) is requesting reimbursement for expenses paid todate per the agreement between the City of Stillwater (the city) and the church for the installation of the storm sewer across church property. I have attached the following supporting documentation: - a working copy of the Site Work Low Bid recap from Kraus-Anderson (KA) for their part of the project, including my notes of my preliminary estimates of cost sharing with the city; - a spread sheet showing a recap of storm sewer expenses paid today (both KA sub-contractors and non-KA sub-contractors); future storm sewer expenses; and future pathway expenses that will be incurred by the city as a condition of our special use permit; - a spread sheet showing a break-out of activities and expenses incurred with sub-contractors GME and MFRA for activities not provided by the general contractor (Kraus-Anderson); . - copies of invoices from Kraus-Anderson and non-KA sub-contractors that document the preceding recaps; copies of the cashiers check or the church check issued to the (sub-)contractor; and in most cases, a copy of the lien waver issued by the contractor relating to work/material covered by the invoice. Please note that we are also requesting payment of the $30,000 for dedicated land use relating to the city's share of the storm sewer holding pond (consistent with the agreement between the city and the church). The city attorney has received and agreed to storm sewer easements for recording. The payment requested is $226,943.44; i.e., the city's share of expense paid todate ($196,943.44) and the ($30,000) for dedicated land use. Please let me know if your would like clarification and/or additional documentation. Sin~ er. e ,.,} ." \ ~\I: . ~., Ij , " ! ! I i . ./ ."'--' Riclia.nfJ Miller 801 Autumn Way Stillwater, MN 55082 430-8193 or 329-3136 . STAFF REQUEST ITEM . I Department: Public Works Sewer Department I Date: 04-10-03 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to have Braun Pump & Controls install new gate valves, a check valve and a Chicago Pump Sewer Chewer in Myrtle Street lift station. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) . Estimated cost is $37,000.00. Money would come out of Capital Outlay 2003 Lift Station Upgrades ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: ~m. ~~ <-- . \....-/ ' Date: 4-10-03 . 04/02/2003 WED 13:45 FAX 952 758 7778 BRAUN PUMP AND CONTROLS 14I 0011001 BRAUN PUMP A .CONTROLS . April 2. 2003 Post-It" Fax Note 7671 Dale L{ I~J6o ~8~s" I TO N i CX~t/f.,So/l rr 5'"~Vf. CoJDaPl(J'kf ~~ 1&4v.rJ 'urnP Phone # \"'\ __ !j}~"I~"/~/oro FalClI{p5\-a15-411:7. Fax # Nick Chaves City of Stillwater 216 North 4th street Stillwater, MN 55082 Dear Nick, . . Per your request, we are pleased to offer thi~ quotation for replacement of gate v~ves and one check vaJ-ve in the Myrtle Lift Station. The.:first day of work we intend to ban off one of the suction lines. FoJlowed by draining the force main back through the other'I)Ump, isolating that . pumps suction gate valve and then dismantle the pump piping, which is balled off. We will p~oceed to reassemble piping with new valves, nuts bolts, gaskets. etc, The 'second d!iy we will complete the same work on the second pump.' We expect each day to be a minimum of 1 0 hour days. . (1) Lot of Misc. Piping, Gaie Valve, Check Valve, Nuts, Bolle:, Gaskets, etc. . Installed Price $ 8,801.65 Pricing does not include freight charges or sales tax. . Note: If~e can reuse the cust~mer gate valve left over from the bypas~ vault we will dedUct $400.00 from the bill. . Note: The City will need to provide means to bypa')~ or a pumper truck while under construction. Braun Pump or the City will need to complete concrete demo tition ~ the wetweJl to prepare for a possible Chicago Pump "Sewer Chewer" installation. ~ f Braun is to do the demolition this price would be over and above the quoted price. If yon have any questions, please feel free to give us a call. Thank you. Sincerely, Dave Braun .. DB/jb . 1574 'Th i rd Ave. S.W. · Suit~ 2 · New Prag'l~e, Minnesota 5607l .952-758-6600 · Pax 952-758-7778' 04/02/2003 WED 15:06 FAX 952 758 7778 BRAlm PlillP AND CONTROLS 141 001/001 BRAUN PUMP A CONTROLS April 2, 2003 Post-It~ Fax Note 7671 IDale L./ /:t.)D '0 Ita~es~ I ~ 1 (X.~~ grr.:tJlv~ B<<.J.J.,rn coJDep'(ftt . . ~cl.u.r1 flM'np Phone II (-. 0--- = ~66r l;.li.'Cf)_ FilX#{j6\_ d.15- 411~ Fax # Nick ~haves City of-Stillwater 216 North 4th Street Stillwater,:MN 55082 0'.' .. Dear Nick, We are pleased to offer this quotation for the installation of a Chicago ~p Sewer Chewer in the Myrtle Lift Station. ~ .; . (1) Chicago Pump Sewer Chewer Installed Price $ 25,357.50 .. Pricing does not hlc11Jde freight charges. or sales tax. j .Note: The City will need to bypas~ the Lift Station because. the' concrete needs to be cut out, so . we recommend the installation be do~e'at the same time as the ~lves. Note: If the City has already completed aU necessary concrete, <,lirtwork.and c~nged..the ~op . manhole section from a taper barrer-section'to a straight through barrel section deduct $1 ,50Q.OO from the installed pri~. Regardle~ if Braun does the work, the City will need to provide a backhoe to complete all 4irt.work and restoration. Note: The City will need to provide an electrician to take care of all electrical provisions if elec:trical permits are required. The ele~~rician will.also ~eed to assist Braun with the. installation of the electrical cOntrols. . If you have any" questions, pleaS~ feel free to give us a call. Thank you. . Sincerely, .~~ Dave Braun . ..-J DB/jb .... .1.574 Third A~c. S. W, .. Sl.lite 2. *. New Prague, Mi n nfl~;(~ta 56071 952-758-6600 · .Fax 952~758-7778 p.o. Box 516, 106 S. Main Street. Stillwater, MN 55082 Phone:(651) 439-4001/651) 439-7700 . Fax:(651) 439-4035 . www.ilovestillwater.com April 8, 2003 City of Stillwater Larry Hanson City Administrator Good morning, Larry Hanson: We request permission to use the copyrighted S t i 11 wa t e r logo at the top of the Downtown Directory we are preparing as a guide to retail businesses downtown, parking lot locations and publicly-available toilets. In large format, the Downtown Directory will serve as a "mall directory" in several locations, Including the two kiosks erected some years ago by the Chamber of Commerce on Main Street. One is across from Staples Mill, and one is between Seasons Tique and Marx Wine Bar. (There may be other locations in which the City of Stillwater might like to install silk-screened metal signs, such as the pay parking lots. We have had preliminary discussions about this as part of the new signage of the City-operated pay lots.) . We also plan to provide copies of the Downtown Directory in 8% by 11 inch pads to each of the more than 120 retail businesses who have contributed to the Downtown Directory. We also want to provide pads of the Downtown Directory to other downtown organizations and to hotels and bed & breakfast inns throughout the St. Croix Valley. If you will grant permission to use the logo, Nick Gorski, the graphic artist who is working on this project will need a digital file so that he can incorporate it into the Downtown Directory design. (Nick Gorski can be reached at nka@attbLcom or 651-351-1103, or 651-430-0510.) Thank you for your consideration. sincerely:r: . ,,_P ...r t ~.~. U<lL-t\ "'-...\ u . ~ ~i- Tilsen Diane Rollie Co-chair Executive Director Historic District Committee Greater Stillwater Chamber of Commerce Hdc2003.rtf . . . . 1 memorat1c urn Date: 4/1012003 To: City Council From: Klayton Eckles /" V---I> RE: Lily Lake Monitoring option Discussion At the March 4th meeting, Council was given information regarding water quality testing on Lily Lake. We have been spending about $2000 per year for that service. On the advice of staff Council determined we could forgo the testing this year, and consider a testing program involving every-other year sampling. The attached letter from WCD suggests we might get better results for the same cost by sampling ~ as much every year. Instead of 14 samples, gather only 7 samples. This approach would still give us continuous baseline data. Staff agrees that this approach makes good sense. All of the costs for this program have been charged to the storm water utility, so the option chosen does not have direct impact on the general fund. Recommendation Staff recommends Council consider approving the expenditure of $1 ,000 from the Storm Water Utility Fund for the purpose of monthly water quality testing of Lily Lake. __ Was~lington Conservation District ~ ~@~11~~' i ~I'R () \:\ l~Ul . _--------------1380 W. Frontage Rd. Hwy 36 8 '<. ----- Stillwater, Minnesota 55082 (651) 275-1136 (65]) 275-]254 Fax www.co.washington.mn.lIs/soilwater.htm . April 7, 2003 Mr. Klayton Eckels, City Engineer City of Stillwater 216 N. 4th St. Stillwater, MN 55082 RE: Lily Lake Monitoring Dear Klayton: In follow up to our discussion last week in regard to scaling back the level of water quality monitoring on Lily Lake I would like to offer the following alternative. As an alternative to an every other year monitoring schedule on Lily Lake I would suggest doing less frequent monitoring every year, by reducing the annual monitoring frequency from 14 to 7 times and continuing full water quality testing. This would allow for a continuation of the baseline monitoring record that has been established and allow for the early detection of degradation of this water resource. Not collecting water quality samples and only collecting Seccl~ transparency data would not be nearly as valuable as continuing with the full water quality monitoring that h. been done in the past because decreases in transparency may occur but without the water chemistry data it would be impossible to determine the cause. For example, if one saw decreases in transparency it would likely be caused by either increased algal growth from more nutrients in the water or in-lake turbidity from fine sediments being suspended. Either cause has drastically different management responses and not having water chemistry data would make it impossible to know which scenario was occurring or if it was something different. Going to a frequency of 7 per year would drop the cost to $1,080, which is roughly half of the cost of a frequency of 14 per year ($2,100). This alternative would cost the City of Stillwater the same amount as monitoring 14 times per year and continue to give the City continuous baseline data, albeit at a more coarse resolution. This plan would give the City the most bang for its buck. Thank you for your consideration of this alternate monitoring plan. I hope it will help address the need for monitoring in this period of ever increasing budget constraints. Please call me with any questions. Sincerely, _ dl~ Bob Fossum Water Resource Planner Washington Conservation District . Enc: WCD 2003 Lake Monitoring Fee Schedule cc: Konrad Koosmann, District Manager, Washington Conservation District, w/enc. · ~emo To: From: Date: Subject: Mayor and City Council A. /' Steve Russell, Community Development Director ,"-" April 1 0, 2003 Concept PUD Approval for 11.87 acre Village Commercial Develvpulent Design located in the Village Commercial Zoning District on the SE comer of County Road 15 and 12, Contractor Properties Development, Applicant Case No. PUD/03-14 Background The original PUD for the Liberty Development included a village commercial center at the comer of County Road 15 and 12. The area was zoned Village Commercial and design guidelines.adopted as a part of the orderly annexation agreement. . The concept PUD before the Council makes specific the Village Commercial zoning designation of the site. As a part of the concept PUD specific uses; retail, office or residential are designated for each building pad location. Parking requirements are reviewed for each pad and use. Design guidelines are proposed to guide the design of the Village Commercial sites. As each site develops the City's Heritage Preservation Commission will review a design . application comparing plans with the approved guidelines similar to downtowns project design review. After each project design is reviewed, a special use permit (public hearing) will be held by the Planning Commission on each site development. The design review and special use permit review will be recommended to the Council for final PUD approval. The Council will receive and review the site plans for final PUD approval. Planning Commission Joint Board Review: The Planning Commission held a public hearing on the PUD 3-17.03 and the Joint Board held a public hearing 4-2-03. Both bodies unanimously approved the PUD. (Minutes attached). Recommendation: Action on Joint Board and Planning Commission Recommendation. Condition of Approval: The Village Commercial design guidelines and land use/parking standards shall be used to review future lot development. Attachments: Application, Staff report and minutes from Planning Commission 3-17-07 and Joint Board 4-7-03. . Memorandum . To: Stillwater Township/City Joint Board From: Steve Russell, Community Development Director Date: Ma~ch 18, 2003 Subject: Concept Planned Unit Development ADr.a...,,~., .~ for 11.87 Acre Village Commercial Development Design Located in the Village Commercial Zoning District in the Liberty Project on the Corner of CR 15 and 12. Contractor Property Development Applicant. Case No. PUD/03-14. Background. The application before the Joint Board is concept PUD approval for an 11.87 acre Village Commerciat site for Liberty Village located on the corner of CR 15 and 12. This site was designated Village Commercial in the overall Liberty Development plan. The overall plan located CR 15 and 12 access to the site as consistent with Washington County intersection location criteria. Road locations for the commercial area have been designed to allow but minimize cut through traffic and accommodate a main street feeling. . As part of the orderly annexation agreement county village architectural and site design gUidelines were approved along with the Village Commercial, VC, Zoning (attached). The proposed concept PUD is consistent with the guidelines and zoning. From the original design guidelines the developers have prepared more specific and inclusive design guidelines for the PUD sites (8) development. The guidelines will be use to formulate the individual site designs and will be used as the basis to review site designs (design permits). With approval of the PUD, a framework will be set for the development and review of individual lots. Planning Commission Review. The Planning Commission reviewed the PUD plans at their meetings of February 10, 2003 and March 17, 2003. The February meeting was an overview presentation. At the March meeting, the Planning Commission recommended the concept PUD for Council approval. At that meeting, some Liberty residents spoke of concerns for increased traffic, possible noise, fumes, light and 24 hour activity (see CPC minutes of March 17, 2003). After reviewing the plans, hearing public comments and comparing the proposed PUD with the Village Commercial guidelines and regulations. The Commission recommended approval of the concept PUD. Final PUD approval shall . require a special use permit and design review for individual lots. . . . As required by the orderly annexation agreement, the Joint Board reviews the consistency of the PUD's with the Comprehensive Plan policies and Land Use Map. Recommendation: Decision on request. Attachments: Planning Commission staff report and minutes ofCPC 3-17-03 p~ .- MINl.JIES OF ItlE CITY OF STILLWATER AND TOWN OF STILLWATER JOINT BOARD HELD AT TtlE CITY COUNCIL CHAMBERS 216 NORTH FOURTH STREET . STILLWATER, MINNESOTA 55082 .. AT 7:00 P.M~,WEDNESDAY, APRIL 2,2003 . At 7:05 p.m. the meeting was called to order by Chairman, David Johnson. Present for the Board were Chairman, David Johnson; Stillwater Town Board Supervisor, Duane Laabs; Stillwater Mayor, Jay Kimble; and Stillwater Council Member David Junker. Also present were Steve Russell, Community Development Director for the City of Stillwater; and David T. Magnuson, Stillwater City Attorney. Also present were members of the public, and the, . developers and their representatives. Chairman Johnson opened a public hearing on Case No. PUD/03-14. The Conceptual Planned Unit Development permit consideration for the 11.87 acre . development, known as Liberty Village, located in the VC-Village Commercial Zoning District, at the corner of County Road 15 and County 12, Contractor Properties, applicant. Chairman Johnson asked Steve Russell to present an overview of the application which he did and at that time the developer's representative, Mark Putnam, was asked to give a presentation for the applicant. Mr. Putnam discussed the history of the development of the site and the many meetings that had been held with regard to the elements of the commercial corner. After this presentation Chairman Johnson asked for comments by the public. The following people appeared and gave the following testimony: 1. Jennifer Haas, 2362 Pioneer Place, Stillwater, was concerned about the noise from the dryers and hours of operation of the car wash located at the Kwik Trip convenience store. She noted that Apple_Yalley required that the car wash limit it hours and change the . . . . dryers to be further away from residential conflict. She asked that the City require that the permit be reviewed at least once a year. 2. Bill McMichael, 153 Rutherford Road, Stillwater, appeared and said that he could go to five gas stations within three miles and there was no need for another gas station. He was concerned about traffic and noise impacting on the residential area. He wanted the car wash eliminated and an annual review of the permit. Mr. Putnam responded to these objections by noting that the design was purposely developed for a mix of uses. The roads would slow traffic, thereby eliminating much of the cut- through traffic and great deal of effort was brought to bear on blending the uses. He discussed the noise from the car wash as minimal as it was positioned to block the gas pumps from County Road 15 and moved out on the comer to get away from residential conflicts. He noted that the brand of blower would have a large effect and the dryer fans were located twelve feet inside of the building. He opined that the buildings, as well as the street trees, would buffer the sound. 3. Kevin Doctor, 141 Rutherford Road, Stillwater, appeared and felt that the Board was too focused on development and not on protecting the neighborhood and that the Board should give consideration to the neighbors and they should be protected from noise and the appearance of dumpsters on the site. 4. Robert Kroening, 240 Rutherford Road, Stillwater, appeared and gave a history of development and noted the effort brought to have a design intentionally close to a residential neighborhood so that people could walk to work and walk to gas, food and grocery . services near their community. He urged the Board to support the project. 5. Chairman Johnson asked how the noise would be abated and he responded that the car wash was the closest to County Road 15 to intentionally move it away from residential -2- conflicts, further that the blower dryers . ~d the position of the dryers within the building would . minimize noise. Steve Russell noted that the City has noise standards and has worked with the car wash on County Road 5 to close the doors when the fans are in operation. A resident asked about the planting of pine trees, which would have. a greater effect on noise buffering. Board Member David Junker said that the City Planning Commission had addressed many of these same issues and had limited the car wash hours in the conditions of approval on the Special Use Permit. Board Member Mayor Kimble talked about the noise in this area compared to parts of St. Anthony Village that he remembered as a child, where the noise from the freight cars was substantial, but never heard by people in the neighborhood who became used to it. Board Member Duane Laabs asked about the lighting, the hours of operation of the car wash, the uses proposed for the public park, snow removal, the narrowness of streets, and the noise emanating from the car wash. Scott Tiagen, representing Kwik Trip, explained that the. manufactures say that the blowers ordered would meet the City's noise requirements, would be recessed twelve feet within the building, that landscaping would buffer, and that the owners of K wik Trip would do all they could to abate the noise. Thereafter the public hearing was closed. Board Member David Junker moved, seconded by Board Member Mayor Kimble to approve PUD/03-14, subject to any conditions of approval on the PUD. The motion passed 4 in favor o against 6. The Chairman opened the public hearing on Case No. SUB/03-I5, preliminary plat approval for subdivision of an 11.87 acre site into nine lots and one outlot, ranging in size from .35 to 1.47 acres located in the VC-Village Commercial Zoning District at the comer Of. -3- . County Road 15 and 12, Contractor Properties, applicant. After some discussion in recognizing the similarities between the Conceptual Planned Unit Development approval previously given, Board Member Mayor Kimble moved, seconded by Board MemberDavid Junker, to approve the subdivision. A motion passed 4 in favor o against 7. The Board considered Case No. SUP/03-I6, a Special Use Permit for the commercial gas station and car wash, located at the corner of County 15 and 12 in the VC- Village Commercial Zoning District, Contractor Properties, owner. Scott Tiagen, Kwil~ Trip convenience store, applicant. Chairman Johnson asked Scott Tiagen to give an overview of the project, which he did. He explained the background on the design and the efforts made by Kwik Trip to have architecture fit the site. He explained that Kwik Trip is a family owned business, concentrating on groceries rather than gas, but that Kwik Trip realized that now gas and other features offered at a convenience store are needed in order to attract customers. He said that he received a call from Jennifer Haas and had agreed that a vapor recovery system would be installed with the gas pumps and agreed that this should be added as a condition of approval. He explained that his would avoid air pollution. He mentioned that all pumps were grounded to avoid fire. Board Member Laabs asked if the vapor recovery would lessen fire danger and Mr. Taigen said it possibly could, but it. can never be ruled out with absolute certainty. Since no action was needed on this, the Board took no action but commented favorably on their review responsibility for this permit. 8. The Board considered Case No. SUP/03-I7, a Special Use Permit for a 4,805 square foot bank building with drive-thru, located in the VC-Village Commercial Zoning . . -4. District on the corner of County 15 and 12, First State Bank, owner; Kanman Companies, . applicant. The Board listened to a presentation by Mr. Keillor, architect for the bank. He explained the concept and the great effort that .the. architects had put into satisfying the City's design review standards. At the Close of the presentation and after listening to comments by the public, the Board took no action, but commented favorably on their review responsibilities as a Joint Board. 9. Mr. Russell explained the 2002 building activity and explained that through 2002. The allotted permits were 840 housing units and that the City had used 718 housing units. He noted that for 2003, 204 housing units would be available for issuance under these standards in the Orderly Annexation Agreement. Mr. Johnson explained that the possible shortage of permits had been discussed at the Town Board and if a ceiling might be reached that would impede progress of development, the Town Board would be willing, at least, to discuss the issue. Board . Member Mayor Kimble indicated that he appreciated the position of the Town Board, but every effort would be made to limit growth to the allotted permits in view of the impact of this growth on City services. 10. Mr. Russell presented the status on the Boutwell South area plan and traffic study, noting that it was incomplete and needed further work and that a cost sharing arrangement had been proposed between Washington County, the developers and the City. He noted that with budget problems, the study was on hold until an agreement could be reached on funding. He indicated that he would keep the Joint Board informed. 11. Mr. Russell noted that the City had completed purchase of the Boutwell Cemetery on February 6,2003 and that the property would be used as open space, as part of the Brown's Creek Nature Preserve, and to augment the City's park system. Appreciation was expressed to . - 5 - . the Town of Stillwater for the donation of the adjacent park parcel from the Spring Creek Development. Business being concluded, the Board adjourned at approximately 9:00 p.m. Respectfully submitted, ~J~ David T. Magnu 0 City Attorney an :Acting Secretary . . -6- PLANNING APPLICATION REVIEW FORM CASE NO. PUD/03-14 . Planning Commission Date: March 17, 2003 Project Location: Southeast comer of County Road 15 and 12 Comprehensive Plan District: Village Commercial Zoning District: VC . Applicants Name: Contractor Property's Type of Application: Planned Unit Development Project Description: Concept PUD approval for an 11.87 acre Village Development Design located in the Village Commercial Zoning District including specific design guidelines The developer is proposing Liberty Village Design Guidelines to further guide the design and appearance of the individual commercial sites (see Liberty Village Design Guidelines). The guidelines address building massing, fronts, height, materials, roof design, detailing, utilities, lighting, signage, awnings, color, parking and landscaping similar to the guidelines used by the city for the downtown area. A design permit from the Heritage Preservation Commission is required for individual site approval. As with other areas of the Liberty project, site and building design are of high quality. The parking review shows specific uses for individual sites and shared parking arrangements. The use and maintenance of shared parking areas would be provided in subsequent review. A landscape plan is provided for the PUD. Framework landscaping shall be provided with subdivision approval with specific site landscaping with site development. Findings: The proposed Liberty Village PUD meets the intent of the Comprehensive Plan, Liberty Village Development Plan, Zoning and Country Village Site and Design Guidelines. Recommendation: Approval for recommendation to the City Council. Attachments: Application, site plan, landscape plan, architectural review and design guidelines, project . description, city zoning and design guidelines. CPC Action on 3/17/03: +7-0 approval . CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 Motion passed. 7 fore, 1 against. Case No. PUD/03.14. Concep'tual Planned Unit Development approval for an 11.87 acre Liberty Village Development Design located in the V-C, Village Commercial;Zoning District at the corner of CR 15 and 12. Contractor Properties, applicant. . Community Development Director Russell gave . and . overview of the Comprehensive Plan for the audience. Homer Tomkins and Mark,.Puttnum gave a detailed overview of the PUD (design detail and guidelines, traffic, drainage, and land use). There was much concern about the impact the development would have on traffic. ' Bill, ?, was concerned about the traffic impact and the bank drive through. He was informed that the Comprehensive Plan calculated for the increase in traffic. . Pauline, 241 ?, expressed her concern about the traffic, the additional water flow and the impact it would have on nature. Felt the bank is not beneficial. . Sue, 121 ?, was also concerned about traffic and the additional fumes from the cars, the gas station and the bank drive through. She was also concerned about the garbage collection times for the bank and gas station. Paula Croaning, stated she is looking forward to the commercial development. Motion made by Council Representative Junker, seconded by Commissioner Middleton to approve the Conceptual Planned Unit Development approval for an 11.87 acre Liberty Village Development Design located in the V-C, Village Commercial Zoning District at the corner of CR 15 and 12. Motion passed 7 fore, 1 against. Case No. SUB/03-15. Preliminary plat approval for subdivision of an 11J17 acre site into 9 lots and one Outlot A ranging in size from .35 to 1.47 acres located in the VC, Village Commercial Zoning District at the comer of CR 15 and 12. Contractor Properties, applicant. . The subdivision establishes easements, trail ways and right of ways. Motion made by Commissioner Gag, seconded by Commissioner Turnquist to approve the Preliminary plat approval for subdivision of an 11.87 acre site into 9 lots and one Outlot A ranging in size from .35 to 1.47 acres located in the VC, Village Commercial Zoning District at the corner of CR 15 and 12 with the following conditions: 2 ~ / ....,J I .L'-L.WH I t:.ri; I P'111,.;1t:,. tJ.: Case No: PDP/ti6-:-1 ~ Date Flied: //;).L(f~ -5. Fee Paid: Receipt No.: . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER . 216 NORTH FOURTH STREET STILLWATER, MN 55082 PLANNING ADMINISTRATION ~ORM ACnON REQUESTED _SpeciaVCondltlonal Use Permit $501200 Variance $70/200 - Resubdlvlslon $100 x Subdivision. $100+5C -comprehensive Plan Amendment- $500 . /J _ pud -Zoning Amendment- $300 l:..D'n t!l )( PlannIng Unit Development · $500. _Certificate of Compnance $70 _Design Review $25 Fees *An escrow fee Is also required to the costs 01 attorney and engineering fees (se. attached) The applicant Is responsIble for the completeness and accuracy of all forms and supporting mater. submitted In connection with any application. All supportIng material (/ e., photos, sketches, etc.) submItted with application becomes the property of the City of Sf/llwater .A site plan Is required wIth applications. Any Incomplete application or supporting material will d( appllcaf/on proC8$$. ' PROPERTY IDENTIFICATION Address of Project SE Corner of Co. Rd. 19 & 12 . Assessor's Parcel No~0020d03'~~ fGEO Code) Zoning District VC Description of Project Subdivision of Outlot J.nto Commercial & Retail parcels -/ hel8'?y stat~ the foregoing statements and all data, Information and evidence submitted herewlt, respects, to fIle best of my knowledge and belief, true and correct. I further certify I wIll comply wi: pennlt /f It Is granted and used.. Properly Owner Contractor Property Develope~s Co.o taU . ' "epresen ve Mailing Address 7100 Northland Circlet /1108 City -State - Zip Minneapolis t MN ~~4lH Telephone No. 763-971-0477 SJgnatu~~//-f~./~ Homer H. ~ same as pro~erty owner Mailing Address City - State - Zip Telephone No. Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area - Height of Buildings: Stories Principal . Accessory Feet Total Building floor area square fE ExIsting . square feet Proposed square fe. Paved Impervlous Area square fe No. of off-street parking spaces H:\mc:nalTlOnl\3hell3\PlANAPP.FRM Juno 22. 2000 NOV-25-2002 10:39 4308810 99% P.03 . . . , . PUTMAN PLANNING & DESIGN..JD.D.I. .lANDSCAPEARCI-uII:.l..Il..lRE:lANDPlANNING. RESlDENTlALLJC.:>IUI'l. GRAPHIC DESIGN . ARCHIII:.\".IURALll..ll.ISTRAllON. TO Mr. Steve Russell CC REGARDING NEIGHBORHOOD MUNICIPALITY Liberty Village, Homer T.,.CPDC . Planned Unit Development Application Narrative Liberty on the Lake Stillwater, Mn. DATE: FROM: February 28, 2003 Marc Pubnan, A.RC. Member, L. Arch., principal, Putman P1anning &. Design LIBERTY VILLAGE 1. CONSISTENCY OF PLAN FROM FIRST LIBERTY ON THE LAKE CONCEPT: Liberty Village was conceived to provide the convenience shoppin~ office, dining and meeting vt't'ortunities common to Traditional Neighborhoods of our past. This, to strengthen the cohe- sive nature of Liberty's neighborhoods. The village stores were part of the original Liberty on the Lake site plan to also reduce burdens on perimeter highways for resident local, daily needs, purchases, errands that otherwise would require and longer drivin~ and added crowding to these larger volume roads. Liberty Village was also designed in response to the City's Comprehensive Plan and zoning, providing a needed local source for fuel, convenience groceries, banking, dining / pub / deli, office and professional services for the ci~ township and county residents. 2. SHOPS ON THE VILLAGE SQUARE: Liberty Village's site plan calls for a store design not common in the era of "strip commercial" shopping. While the site at Liberty on the Lake's Northwest comer fronts on both highway 15 and 12, the shops will also orient "in" to the com- munity / neighborhood. This places added tasks on the design of the buildings and individual shop owner/operators floor plans, not unlike many stores in downtown Stillwater. 3. ORCULATION SYSTEM, TWO WAY ROADS, ON-STREET PARKING: Liberty Village's site plan and road configuration has been studied, many alternates proposed and drawn, reviewed by traffic engineers, debated and re-reviewed numerous times. , . 4. THE POND IN LIBERTY SQUARE: With the recent refinement of the storm water runoff volume calculations, the central pond witl:rln Liberty square has been relieved of storm water. storage "duty", and will be able to have a more stable water level, that is just 4 feet below the elevation of the perimeter street elevation. Use of the above discussed boulder walls will allow the water to be brought closer to both the gazebo/pavilion and the sitting area south across the street from the banl<. A floating, lit, fountain will help provide visual focus and be an attractive amenity, drawing park visitors toboth the park, pavilion and the bordering shops. 5. ANTICIPATED USES OF LIBERTY VILLAGE: The master site plan uses Liberty Square to both separate, buffer, but also link the "shops on the green" to the homes, townhomes and the residents. The grading and position of the pavilion anticipate a variety of park uses and functions. The large open turf area, in addition to being an attractive, shaded park, will provide ample space for informal audience seating during musical groups and performances. "Flea" market, farm- ers' market uses are also potentials. We understand that the City receives requests that it can not fulfill with current park locations. , The gazebQ pavilion will offer shelter for performers, while benches and game tables, both under and around the shelter, will also allow for casual daytime and evening conversation over- looking the pond and water fountain to the north. In winter, there is a potential for this struc- ture to provide shelter for ice skaters. The retaining walls and steps to the water will pcuuit winter access for this skating, and in summer, could allow activities such as model (radio con- trol) boat/ sailboat races for kids of all ages. . 6. BUILDING DESIGN: Because each building must face both the perimeter and provide a welcoming front on Liberty Village, the Architectural Guidelines require each owner /business operator to respond with plans and designs and operational activity that is compatible. 7. SHARED PARKING for CITY PARK USERS: Parking space quantities and ratios include the use of on-street spaces shown on the site plans. Liberty Village is a stand-alone Village Commercial area without the likelihood of expansion in size. From the initial concept plan drawn over 5 years ago, the sharing of parking spaces was always anticipated... between com- mercial users, employees, park users and residents (if upper level residential uses are provid- ed). 8. LIMITATION ON BillLDING USES: To help assure sufficient parking of those who drive (and park) to use Settlers Park, Liberty Square and the adjacent trail system, Building 8 will be limited to office use, day care use (within covenant restrictions), and potential upper level res- idential use potential. May-Aug. limitations on hours of operation may be put in place as needed. This, to provide sufficient week end parking spaces for City Park users. . . 9. BUILDING AREAS: * Square Footages are based on Liberty Village Concept Site Plan and Prelim. Plat, and may vary at final site plan and final building plan at't'Loval application. 10. PARKING SPACE RATIOS: ratios of parking spaces per 1000 square feet of building area required for categories of building use (ie. 5 : 1... 5 spaces per 1000 sq. ft.), will confvuu to City- required amounts; the most restrictive ratios being the retail ratio of 5:1 and restaurant at 10:1. Where office or residential uses are planned, a method, acceptable to the City, of restricting the portions of buildings, (or whole buildings) so designated, will be part of the final approval. If time limit and form of use limit is acceptable to City, applicable parking ratio(s) that may be lower than the generalized calculations (ie., 5 : 1). shown on the Parking Data chart can be applied and modify allowable building main and upper floor areas. This information must then be part of subsequent purchase agreements & Association proceedings. 11. ADEQUACY OF SPACES, "PROOF OF PARKING" DATA: We must have enough park- ing. Yet, we also should avoid having too many parking spaces, for the size and types of uses for the buildings and owner-businesses. We also want to "build-in" the flexibility of building design, features and sufficiency of parking to enable a variety of businesses to succeed at ' Liberty Village, over time. The parking ratios, (and, therefore the parking space quantities provided) are conservative, for they apply (per City standards) to gross floor areas, not the common net leasable floor areas. . We propose, that, consistent with the PUD criteria of the Village Commercial zone, if sufficient and credible evidence shows that less than the number of spaces specified in the City' s gener- al ordinances are actually needed to allow the specific business to operate t'Lvyerly, then choic- es can be considered: 1. The number of spaces required will be reduced for that particular building, or 2. The building floor area can be increased, or, 3. Another t'LVA~mate building may be increased in size, by using the surplus spaces. These potential increases in building size will not be allowed if they compromise the aesthetics or operational flexibility of the sidewalks and streetscape. 12. EMPLOYEE PARKING: Employee parking will be designated, and shall not use any on- street parking spaces. This, to help provide an ample supply of short tcuu parking spaces to encourage patronage of Liberty Village businesses, accessed from the Liberty Square side. 13. AGREEMENTS FOR JOINT USE OF PARKING: While some spaces for each build- ing/business operator will be reserved via agreement and signage, most spaces will be open to all users, as is common to most suburban shopping settings. Purchase agreement clauses and "Liberty Village Business Operators Association" covenants and guidelines will identify mutu- al use agreements covering parking spaces, openspace use, maintenance obligations and City- Association maintenance and use responsibilities, park reservation mechanisms, etc. . 14. SIGNAGE, REFUSE ENCLOSURES, TRAILS AND IMAGE: Liberty Village is bounded by trails on both the north and west sides, and the master site plan anticipated connections to these . trails, leading into Liberty Village. Other functional necessities of a commercial village include the need for sufficient signage to inform the primary buyers (those drivers passing by on Manning avenue and Hwy. 12) of the services and products offered within Liberty Village. This is particularly important for Liberty Village since it is trying something new to the contemporary commercial market place... stores that face both "in and out". Aware of the less than attractive settings that can result f..v.lU straight buildings and straight rows of parking backing up to a highway, we have sought to design interest and visibility into the plan. Using the refuse dumpster enclosure-garages as another opportunity to show the New England architectural style, the plan shows these structures flanking the trail entry. A trellis ele- ment with sign identifying Liberty Village offers a trail gateway. The surfaces of these structures provide mounting for in-character signage, identifying businesses, services and products. Picket fences attached aid in screening the cars parked beyond. Other locations for signage, consistent with the Liberty Design Guidelines are designated on the site plan. Agreements for the shared use of these signage locations will be integrated into the owner / operator and Association agreements. 15. PLANTING PLANS: The perimeter planting provides both screening of parking, overstory . trees, and openings to preserve visibility of the shops and businesses. Along both external park- ing bays and around Liberty Square, boulevard trees are provided to create an attractive "main street" scene. 16. FINAL SUh AND BUILDING PLANS: Final site plans may be refined to include added parking spaces, and/ or future potential, additional spaces via diagonal parking, added retain- ing walls, etc. Building footprints may vary from those shown on the site plan but not to the point where they limit future sidewalk (seating) uses and flexibility in marketing. Such refinements must meet intent of Architectural Guidelines and receive Architectural Review Committee and Architectural Control Committee approval before City Applications. . 4,120 na 4,120 15,166- ...8,965 - 6,200 9300 .18,295 - U._'_'''_ ...... (]) 00 I\) (0 4,850 na na 4,850 20 20 5.6:1 -I 71 76 -4.7:1 to ",[l" mix 01 relal. oIIlce & pol. res. o' 5:1 24 24 5,458 na na 5,458 10: 1 54 58 11.6 :1 R ~a~ 2,080 2,080 4,160 011 20 22 5.3 :1 1~. ce c:.. __i/.... sp8l:eSlap.lrrMnl .....: 5 ~at8S 2,400 2,400 lo -::~i~~c:,~ 24 2400 011... 3.3 ~... 24 5: 1 4800 1c.g.'~UlC::t --. lIpOCOS..,. r:r~':1 pkg.op,J of. 4,700 2,800 . , . 7,500 ~ 38 38 5:1 to (TO 3.33: 1 11,400) lIP ~\ o w 32, 573 43,654". 0; 53,083" W NOTES: ',. Square Foolll!les are based 01\ Uberty Wage Concept Sae I'Ian and PrelIm. Plat am may very et final elta plen end flnel buildIng plen approval eppllcadon. (0 2.PerIdr1g tallos lor anllclpaled uses wDI conlorm Ii above City. required amounls: Ihe mosl rosIrlclive rallos being the retall rallo 015:' and restaurant at '0:1, polenlially edjusled by "prooI 01 partdng" requlremcnls 01 speclllc ownerklperalolS. Where olllce and/or residential uses ere planned. a method acceplable 10 ItIo City, 01 restrICllng the portions 01 buildings. (or whole build. ings) so designaled, will be pall ollha DnaJ approVal. Areas 01 main Iloor and upper lloo1(s) can calculaled using applicable parking 13110(5). 3. Parldhg rallos are conservallVe, lor they apply (pet City standanls) 10 gross lloor areas. ncI nelllOOr area9- 4. pntklm SpaClO quant"les and rallos Includo on.sttect spaces shown on lhe slle plans. Uberty VlRage Is a stand-alone Vlnage Commerctal area. Sharing ol parldng spaces Is anticipated bclweerl commcrolal users, employees, park users 8nd r"k1enls (II upper Ievet resldenll8l uses are provided). Building 8 will be IIm"ed 10 OIIlce, day care (wahln covenanl reslrlcllollS), and polenllal upper level resfdenllaL May-Aug. Umllallohs 01\ hours 01 opellllfon may be pulln place as needed, 10 provide sualclenl week end parking sp.~ces 10. Cily Park users. Employee park. ~l!l wiD be designated. and enlorced and sheD nol use any on-streel pa.k/m spaces. 5. Final sliD plans may be relined 10 Include added ~rIdng spaces, and/or Iulure potential, arldD1ona1 splices via diagonal parking, added relalnlng walls, etc. Such reftnemenls must meetlnlenl of Archfteclural Guidelines and recleve ArchDeclural Review Commlnao and ArchUeclwal Conlrol ComrnUlee approval before Cay Applications. 8. Purchese llIJreement clauses em "Uberty V1Dage Business OpeJalols AssocIa\lon" covenanls and/or gUIdelines wiD IdenlJ1y muluaJ use agreements eoverlm parking spaces, openspace use, matnlermnce obIIgaUons am Clly-AssocIallon maintenance and use responslblmles. par1c reservaDon mechanisms, elc. ^' X -l ...... ::3: m o w " o (}'1 er V . age totals 251 loIaJlIpllCes 262 10111_ UBERTY VILLAGE PARKING DATA MARl.: "UTMAN, L. ARCH. PIn-MAN PL<\NNtN( 4< DESICNI DDI 2.11-2001, 2.28.2003 REV. March 5, 2003 " I\) , t .. . . remedies, may institute appro- priate actions or proceedings to prevent, restrain, corrector abate violations or a threa~ ened violation and it is the dutY of the city attorney or state attorney general, to institute the action. b. Separability. The several provisions of this subdivision are separable in accordance with the following: 1. If any court of competent juris- diction adjudges any provision of this subdivision to be in- valid, the judgment will not af- fect any other provisions of this subdivision not specifically in- cluded in the judgment. 2. If any court of competent juris- diction adjudges invalid the ap- plication of any portion of this. subdivision to a particular prop-. erty, building or other struc- ture, the judgment will not af- fect the application of the provision to any other property, building or structure not specif- ically included in the judg- ment. 3. Nothing contained in this sub- division repeals or amends any subdivision requiring a permit or license to engage in any busi~ . ness or occupation. (Ord. No. 666, 7-7-87; Ord. No. 706, 6-6-89) . ~i:J;~~:U~i~=~~_rict.~VC~ . ~. viRl' "'~U~IIbn:~~.:.~~~trlttfFsl:I~iFbe.regidateiriak~ ~-'~~i;i": ., , --,- (1) Purpose. The purpose of the VC district is to provide a local center for convenience shopping and personal services primarily . in Proximity to a residential neighbor- hood. . (2) Special use permit required. No building, structure, land or premises in the VC district may be used and no building or. CD31:55 ZONING .-1 structure may be directly constructed, ex- cept for the following uses, that are per_ mitted by special use permit: a. Local convenience retail business or service establishment, such as gr0- cery, fruit and vegetable store, bak- ery, drugstore, general store, barber and beauty shop, clothes cleaning and laundry pickup station, busi- ness and professional office and the like, supplying commodities or per- forming services for residents of the immediate neighborhood and sur- rounding areas. b. Day care/nurseries. c. Medical and dental offices. d. Parking facilities. e. . Professional, editorial, real estate, insurance and other general busi- ness offices. f. Residential uses, second level. . g. Tea rooms, deli, coffee shops (l soda fountains, not including the sale of alcoholic beverages. h. Service stations. i. Other uses and buildings customar- ily appurtenant to a permitted use. j. Other use or service establishment determined by the planning commis- sion to be of the same general char- acter as the foregoing specially per- mitted uses and which will not impair the present or potential use of adja- cent properties may be permitted. (3) Height and area regulations. The maxi- mum height of buildings and stnictures and the minimum dimensions ofIots and yards in the VC district are as follows: a. Maximum height: 1. Principal structures, 35 feetJ2 stories. 2. Accessory structures, 20 feetll story. b. Minimum lot area: 10,000 net s. feet when not within a PUD. 6~i . .. - t 31-1 ~I STILLWATER CODE Co Front yard: 50 feet when not within aPUD. d. Rear yard: 25 feet when not within a . PUD. e. Building and impervious surfaces: 60 percent when not within a PUD. f. Landscaping and open space: 40 per- cent when not within a PUD. g. Additional setback requirements: When a property within this district is directly across a street or thorough- far~ or adjacent to any residential district, all parking and loading fa- cilities must be at least 20 feet f.....A&4 the property line and buildings and structures at least 20 feet from the street. The setback space must be permanently landscaped. h. Other requirements: All uses shall be conducted wholly within com- pletelyenclosed buildings, except for service stations, parking facilities and other outdoor uses when appropri- ately located and designed as ap- proved by the planning commission. (4) Design permit. A design review permit is required for all village commercial uses. The country village architectural and de- sign guidelines, set forth in Exhibit E to. the Orderly Annexation Agreement ~. . tween the City and Town of Stillwater, . dated August 16, 1996, are the standards that must be applied to this designre- view. (5) Planned unit development. These develop- ment requirements may be modified based on an acceptable planned unit develop-. mept for the entire village commercial. district area. . (Ord. No. 830, 9-3-96) CD31:56 -- ----.--..... ~;724ZSlii?iitP.~~~~~~ioil~~P.~~. _I' -.~.-:-.,"'-~..- atiu uO:tiio9'wmne; thi.s~~c.~ ~(~."~~ . . -:--~~ Exceptions, additions or modifications. The pro- . visions of this subdivision are subject to the exceptions, additions or modifications as set forth in the following: (1) Essential services. Essential services, as defined in this subdivision, are permitted in all districts. (2) Soil stripping. No person may strip, exca- vate or otheIWise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection , with the construction or alteration of a building on the premises and any inciden- tal excavation or grading. (3) Vacant lots of record. Notwithstanding the limitations imposed by any other pro- visions of this subdivision, the city council may permit erection of a dwelling on any lot (except a lot in an ""industrial district), separately owned or under contract of sale and containing, on May 1, 1974, an area or width smaller than that required for a one-family dwelIing, provided that municipal sewer and water service is avail- able to the site. (4) Ckor corners. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than. three feet in height may be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining the street lines at points which are 40 feet distant from the point of intersection, ...... .:.dOO that this regulation does not apply ~ trees trimmed to a height of eight feet above the street grade level. (5) Substandard lots. No .'IQt,yard, w...... ~ or other open space, already containing less area than the minimum required upder this subdivision, may be further divided or reduced. (~~~t;;~~1~'~~~~ ---:=- .:bed:ib.'d.m-eakf'aStS.are fi;;:- lii I r. '-.I'r.. ( b3 / ". . ( " . J ..' , .; . . . , . Country Village Architectural and Site Design Guidelines Exhibit "E" . . . . . : Goa.l: .. .. '..". ~ C.reat~ high~iJalnY country.vill~ge. cons~sting of cquntry.store ~":" fuel, 'co!Jntryschool (daycare)" and other village scale professional. '.' services. The building shall.have a related though not identical village residential character. . Architectural Style: Gable roofs are preferred. Architectural detailing should be consistent with the style of the structure selected. Materials: Brick, stone, painted or natural architectural cedar or red wood siding are to be used as exterior materials or high grade reduced . . maintenance materials that will achieve the same exterior . appearance goals as natural materials may be used. 9anopies: The roofing shall be heavier weight asphalt shingles or cedar shingles or high-grade reduced mainten~nce.materials' that'Wl11 achieve the same exterior appearance goals as the natural materials may be use.d. '. .: '.. '.' '. .;:<'. ..:.:.',. No franchise or prototypical commerciat"building design shall be . allowed. The village area shall have a unique rural character related to its surroundings: Pump area canopies shall be oi a subdued design consistent with. . the building design and materials. Any under-canopied lighting. shall be recessed and not show the light SClUrce from off these~i~ .' area. . . Building Design: . -.. Building .. .... . .... .,: . :" . . .:'. ,,9ri~~t~ti~n:. .... ,The ,c9untry village will_be vis~ally..and fuqction~lIy' cpnrye~~gJ.~;'~ . :.r~:.~::~, . >::+;\'~::7.;>;~i~:}:;'\.~t~,t;.:,.. ". : the ,irylmediate oeighborhood~ .be acce~~ii?t~.~~-~~~yi~~~J~~~~~ :if~;,~~:Ji./;'~~ . '. "'. .....,.'.;..." "::-":" ". . prominent from County" Road 12 and 15~': '::,'>. ;';':.'; ..;~-. .',.. .::..;,.:.:%_.~,..."O~>. .'; '..-":~--"~ . ,. . . '. .....;":..<.::~\:... ",,'.. " ~ '. '. '. ~uilding Setback:' 50' from County Road 12 or 15 . .0. . .. ," .: ~. . . .' ,,' -. .-~.; :.......>-.:/ ..: . . . ". . .l.~i;~t:~;,i\; d . 20' from public right 'of way for County Road '12 elr 15 '(if be~1~.:'~~~;-'.':': .::~\' . and landscaped) .... :"'{":""~"~':"'_:,:_,,;":..' \. '" :. .:'. ......,. ::.:-:,':':~:'.'.:.': ..' :":'. :::}..L~1~~~:;?.:.~,~' 60 perc~nt maximum. building and ha.rd ~u.rface coverage~.._~:/.~~ ~~::i~~.":..~:,:., . EXHIBIT ,....... . ".. :<~.'f~:::~~::~ft!~;~'.\'::\.'~" . E -'. :.....:.::~:?J:i~ii~ti~::\.::.:.~~::. . . . . .'.:~~%HJ::~~~~~~'~~I:<'::' I . .Parking or paved . ; . . Streets o( . Driye~ays: . . . . ..' : : ':- : ~ . . - ~ . . . . lot 'Coverage: .' . .. ~ ... . ~. r Bufiding Height: .' . . " .' . ~ .~:.. . . .. 35' to gable peek .' . Road and Parking Configuration: The preferred configuration ~s one of curved and angled orientation . .. L~~~~c;a.ping:;' ' Screening: Signage: - . ", . ~ . . .".. ".. .. Utilitie~:':" ~"'.'" ~~'f?~~~:,,:,IJ:.... o' .. "; . .~ ...... .~.~ ;:. -... . . . - ~'1-":' -'- - "':.:.. -; li9J:ltirjg::J~~<..:, .' .. .\f;i~J&~.; . .- . . .. -.,... ','40 percent" minimum of the land area s~an be "in permanent, :.': ':, ,: ~., n 'maintained landscaping, open spaces and natural wetl~mds: ,- '. Areas around building shall be planted with hearty species of deciduous and coniferous Slack and should assists in blocking sight lines of parking facilities and highlight attractive architectu.ral features in a landscaped setting. ' . Parking areas that c.an be viewed from adjacent roads or residential areas shall be screened with a combination of deciduous and coniferous planting and berming. Commercial signs are to be placed on linear walls, composed of, .the same materials and bearing a similar design theme to the, . bUilding being identified. Interchangeable tenant identification Will be provided but if internally lit must show lit letters only, not letter ' backgrounds. . Preferred bUildiog' iden~ity signage is by cut ()Ut'~ .":. " letters of durable materials, mounted on the above mentioned, .,".:' _::' walls, lit with internal backfacing lighting or reflective lighting from ground, wall or tree mounted spots. Spot lights must not provide glare to adjacent roadways or perimeter residential uses. Identity monument type freestanding country village signs without tenant identification consistent with the village design and material may be allowed along County Road 12 and 15 and at the residential roadway entrance. ' , ... . 'or- .- -'_ All utilitie~will be undergrour:td and HVAC equipment will be ,'<~:"":" ., screened from view. Roof mounted units wlll'be screened via r09f ,:.' . . '" configuration, wall~xtensions ei~erverti~l or.horizonta1.'~.6,J.t~$ti: ". ' areas snail be comptetelyenclosed and screened from vieviby~~.. . ',' structure of a design compatible in design to vmage building an.~, ':: "'..:. n:~ ,,' perimeter landscape. ":i::\/';::.>' Site lighting selected to minimize visibility and glare fromresid.~.~~~j:..c~...: ,:,.. areas. Overall site light levels will be achieved by a blend of .':)t ~~:i.~~{~;:.: , streets and parking lights not to exceed 20' In height. 'WalkWi.Y}~:~~~:?{~::.~::':':,:, lighting, building lighting, site amenity, sign lighting and veg~t~!~g~i~0i;;,:~~;'"~ " lighting shall be ~eviewed to make sure it is ~ompa~ble W!th ~-r~~';'i~~~~8:K:f, residentjal quality of the neighborhood.' . ":':~'\'?,f.=:::.:::;~~~~;>:.. ., ": :.':::';;,l{~!~;~i~~*~~~5;: . ......;.i~~~~~:j;~ ~~4_~~.__._. , .. I I I II I I 1___11 III 111__ I III~IIIII 1111 Mar.06 03 10.13a Putman Planning &D:V:::::ENT7/i:f8~ PV P/u;~~11 .JurMAN)lANNlNG & ~GN directions. "', . . . TRANSMITT ' .. .... ...-. ... ....-.....--..-.. . . ... .,. . ........... ... -..--- TO: PHONE: FAX: DATE: MODIFIED ON: - -........--.. REGARDING: SENT VIA: ITEMS: REASON: NOTES: FROM: COPIES TO: JvIr. <~I€-~$;.<x':~ I - ... .', -,-- - -, - Q....1; '6 n-l(- '--..JI; \ \ IlhtVL (651) 4].n- ,(651) Y"bO- ,~X9! oS .. L" - 0..."" '. ..- ".. I2fFax 0 Man 0 Exp. Mail 0 Fed. Ex. Iil Courier 0 Other ' . ~O\) A.o9f^\Ia..Q ~r - MCU'"l"CL-hV..(.. ~r Li ~ \jj\La.~q . ~ as requested 0 for your approval 0 for comment o for your use 0 for correcnons 0 approved as is o approved as noted ~ o ri j \ tAr;,,J) N Q~ da:tu::f .2.-2.. S""-<:> ~ , ~I?AI'~"".Ld.. ' ~~ ft:vh v..t... ~ ?'\ -'5-6.. ~ /'-'\^RC r-L.JT /'""\^N. Princl:?~l , . ~"- TOWNS. NEIGHBORHOODS. BUILDINGS. P. Be SPACES: STRATEGIES. PlANNING. DESIGN. CRIllQUES.IOENTlTIES. MARKETING FACIUTlES/TOO. DEsrc:N OFFIa: 619 2nd Sl Suite 300, Hudson, WI 54016 · phone: (715)381-8291 . Fax (715) 381- 6829 . E Mail: info@PutmanPlanningandDesign.rom DaCN SruolQ; 724 RivetSide Drive, N. Hudson, WI 54016 . phone: (715) 386-9847 . Fax (715) 386-9824 . E Mail: Putman@SpacestaJ:net LOCATION:715 381 6829 RX TIME 03/06 '03 10:53 Mar 06 03 10:13a Putman Planning & Design 715-381-6829 p.2 " . PU1MAN PLANNING & DESIGN.~DD.t LIB E R T Y V r L L A~G E PLANNED UNIT DEVELOPMENT CONCEPT APPROVAL APPUCAllON NARRATIVE TO CC REGARDING NEIGHBORHOOD MUNICIPALITY DATE :. Mr. Steve Russell Homer T., CPDC, ARC, ACC members, Kwik Trip, 1st 5t.Bank & T. Planned Unit Development Application Narrative, Liberty on the Lake Stillwater, Mn. February 28, 2003, Revised March 5, 2003 LIBERTY YJLLAGE 1. CONSISTENCY OF PLt\N FROM FIRST LIBERTY ON THE LAKE CONClli"'l: Liberty Village was conceived to provide the convenience shopping, office, dining and meeting oppor- tunities common to Traditional Neighborhoods of our past. This, to strengthen the cohesive nature of Liberty's neighborhoods. . The village stores were part of the original Liberty on the Lake site plan to also reduce burdens on perimeter highways for resident local, daily needs, purchases, errands that otherwise would require and longer driving, and added crowding to these larger volume roads. Uberty Village was also designed in response to the City's Comprehensive Plan and zoning, provid- ing a needed local source for fuel, convenience groceries, banking, dining I pub I deli, office and pro- fessional services for the city, tov\'Ilship and county residents. 2. SHOPS ON THE VILLAGE SQUARE: Liberty Village's site plan calls for a store design not com- mon in the era of "strip commercial" shopping. While the site at Liberty on the Lake's Northwest cor- ner fronts on both highway 15 and 12, the shops 'will also orient "in" to the community/neighborhood This places added tasks on the design of the buildings :and individual shop owner I operators floO! plans, not unlike many stores in downtown Stillwater. ".\ 3. CIRCULATION SYSTEM, TWO WAY ROADS, ON-STREET PARKING: Liberty Vlllage's sitE plan and road configuration has been studied, many alternates proposed and drawn, reviewed b} traffic engineers, debated and re-reviewed numerous times. . 4. THE POND IN LIBERTY SQUARE: With the recent refinement of the storm water runoff voluml calculations, the central pond within Liberty square has been relieved of storm water storage "duty" and will be able to have a more stable water level, that is just 4 feet below the elevation of the perime ter street elevation. .: . T~; NElGH6o"R.HOO.oS~ BUILDINGS; ~ARKs&SPACEs: SrRATEGtis,'p~N~:..O~lGN. CRmQuE:S:.(o~. ~AR~GFACluTI. ...' ." ';'-. DelrGN OF!'ICE: 619 2nd St. Suite 300, Hudson, WI 54016 . phone: (715)381.8291 · Fax (715) 381- 6829 · E Mail: info@l'ulmanPl:mningandDesign.c:r 01'.SI("~~ STlJl)1O: m Riverside Dr.ive, N, Hudroon, wr 54016 · pl!onq: (715) 3B6-9lW' . F;>>; (71S) 386-9824 . Ii Moil: "PutIl71;1nQ!-~~V - LOCATION:715 381 6829 RX TIME 03/06 '03 10:53 Mar 06 03 10:14a Putman Planning & Design 715-381-6829 p.3 \ . Use of the above discussed boulde:!: walls will allow the water to be brought closer to both the gaz bo/pavilion and the sitting area south across the street IJ.vlll the bank. A floating, lit, fountain w help provide visual focus and be an attractive amertity, drawing park visitors to both the park, pav: ion and the bordering shops. 5. ANTICIPATED USES OF LIBERTY VILLAGE: The master site plan uses Liberty Square to bo separate, buffer, but also link the "shops on the green" to the homes, townhomes and the residenh The grading and position of the pavilion anticipate a variety of park uses and functions. The Iart open turf area, in addition to being an attractive, shaded park, "will provide ample space for info mal audience seating during musical groups and performances. "Flea" market, farmers' market USI are also potentials. We understand that the City receives requests that it can not fulfill with curre: park locations. The gazebo pavilion will offer shelter for performers, while benches and game tables, both ?D-der ar, around th~ shelter, will also allow for casual daytime and evening conversation overlooking the por and water fountain to the north. In "Tinter, there is a potential for this structure to provide shelter f( ice skaters. The retaining walls and steps to the water "vID PCUcLJt winter access for this skating, art in summe4 could allow activities such as model (radio control) '. boat/ sail boat races for kids of c ages. 6. BUILDING DESIGN: Because~ach building must face both the perimeter and provi.wE coming front on Liberty Village, the Architectural Guidelines require each owner/business operate to respond with plans and designs and operational activity that is compatible. 7. SHARED PARKING for CITY PARK USERS: Parking space quantities and ratios include the u: of on-street spaces sho'\J\1Jt on the site plans. Liberty Village is a stand-alone Village Commercial an without the likelihood of expansion in size. From the initial concept plan drawn over 5 years ag the sharing of parking spaces was always anticipated... bet\.veen commercial users, employees, pal users and residents (if upper level residential uses are provided). 8. LIMITATION ON BUILDING USES: To help assure sufficient parking of those who drive (ar park) to use Settlers Park, Liberty Square and the adjacent trail system, Building 8 will be limited . office use, day care use (,-vithii1. covenant restrictions), and potential upper level residentialu~ potential. Jvray-Aug. limitations on hours of operation may be put in place as needed. This,_ to pr' vide sufficient week end parking spaces for City Park users. \ 9. BUILDING AREAS: * Square Footages are based on Liberty Village Concept Site Plan and Prelir Plat, and may vary at final site plan and final building plan approval application. 10. PARKING SPACE RATIOS: ratios of parking spaces per 1000 square feet of buildiii. ar, required for categories of building use (ie. 5 : 1... 5 spaces per 1000 sq. ft.), will conform~t required amounts; the most restrictive ratios being the retail ratio of 5:1 and restaurant at 10:1. LOCATION:715 381 6829 RX TIME 03/06 '03 10:53 Mar 06 03 10:14a Putman Planning ~ Design 715-381-6829 p.4 . , .- . Where office or residential uses are planned, a method, acceptable to the City, of restricting the por- tions of buildings, (or whole buildings) so designated, ,-viII be part oIthe final approval. If time limit and form of use limit is acceptable to City, applicable parking ratio(s) that may be lower than the gen- eralized calculations (ie., 5 : 1) shown on the Parking Data chart can be applied and modify a1lowable building main.and upper floor areas. This information must then be part of subsequent purchase agreements & Association proceedings. 11. ADEQUACY OF SPACES, "PROOF OF PARKING" DATA: We must have enough parking. Yet, we also should avoid having too many parking spaces, for the size and types of uses for the buildings and owner-businesses. We also want to ''build-in'' the flexibility of building design, features and suf- ficiency of parking to enable a variety of businesses to succeed atUberty Vlllage, over time. I . . The parking ratios, (and, therefore the parking space quantities provided) are conservative, for they apply (per Ci_ty standards) .~o gross floor areas, not the common net leasable floor areas. \Ve propose, that, consistent with the PUD criteria of the Village Commercial zone, if sufficient and credible evidence shows that less than the number of spaces specified in the Gty's general ordinances are actually needed to allow the specific business to operate properl}" then choices can be considered: 1. The number of spaces required will be reduced for that particular building, or 2. The building floor area can be increased, or, 3. Another proximate building may be increasedin-size, by using the surplus spaces. These potential increases in building size "",rill not be allowed if they compromise the aesthetics or operational flexibility of the sidewalks and streetscape. 12. EMPLOYEE PARKING: Employee parking will be designated, and shall not use anyon-street parking spaces. This, to help provide an ample supply of short term parking spaces to encourage patronage of Uberty Village businesses, accessed from the Liberty Square side. 13. AGREEMENTS FOR JOINT USE OF PARKING: While some spaces for each building I business operator will be reserved via agreement and signage, most spaces will be open. to all users, as is com- mon to most suburban shopping settings. Purchase agreement clauses and "Liberty Village Business Operators Association" covenants and guidelines ,,,,rill identify mutual use agreements covering park- ing spaces, openspace use, maintenance obligations and City-Association maintenance and use responsibilities, park reservation mechanisms, etc. . 14. SIGNAGE, REFUSE ENCLOSURES, TRAILS AND IMAGE: Liberty Vlllage is bounded by trails on both the north and west sides, and the master site plan anticipated connections to these trails, lead- ing into Liberty Village. . Other functional necessities of a commercial village include the need for sufficient signage to inform the primary buyers (those drivers passing by on :Manning avenue and Hwy. 12) of the services and products offered within Liberty Village. This is particularly important for Liberty Village since it is try- ing something new to the contemporary commercial market place... stores that face both "in and out". . LOCATION:715 381 6829 RX TIME 03/06 '03 10 :53 - IIIII1 1-___ Mar 06 03 10:14a Putman Planning L Design 715-381-6829 p.5' . '. . . Aware of the less than attractive settings tliat can result from straight buildings and straight rows ( parking backing up to a highwa:y, we have sought to design interest and visibility into the plan. Usin the refuse dumpster enclosure-garages as another opportunity to show the New England architectur al style, the plan shows these structures flanking the trail entry. A trellis element with sign identifyin, Liberty Village offers a trail gateway. The surfaces of these structures provide mounting for in-ebarac ter signage, identifying businesses, services and products. Picket fences attached aid in screening th cars parked beyond. Other locations for signage, consistent with the Liberty Design Guidelines are designated on the sit plan. Agreements for the shared use of these signage locations will be integrated into the owner! oper ator and Association agreements. 15. PLANTING PLANS: The perimeter planting provides both screening of parking, overstory treeE and openings to preserve visibility of the shops and businesses. Along both external parking bays an< around Liberty Square, boulevard trees are provided to create an attractive "main street" scene. 16. FINAL SITE AND BUILDING PLANS: Final site plans may be refined to include added parkin~ spaces, and! or future potential, additional spaces via diagonal pa~king, added retaining walls, etc. Building footprints may vary from those shown on the site plan but not to the point where they limi future sidewalk (sealing) uses and f1hibility in markeling. . Such refinements must meet intent of Architectural Guidelines and receive Architectural Reviev Committee and Architectural Control Committee approval before City Applications. '. . , TOWNS, NElG~OODS. BuilDINGS, PARKS 8: SPACES: 5rRA1EGIES, PLANNING. DEslGN.q~mQUES.IOENllTIES:MARKE11NG FAClun~'1W : bF.~i(;N Of:!Jl~-E: 6'19 ~d St:Suit~3I)(}, H'u~{q~ll, "\v( StOi(; ~ rl~(1ii~~ (7 i5)3R]~~2:<Jt~ F,,~' (i1S)-:.t.';{i~ i~~2.~- ;T~f~i~ infi)(d'Plltiri,;n.piailningill~dpc~ib'll:~~l J?-mlri:l.j. $,~I~?H); {2~lJ..:t,,~i;..i~r,:; 1?1:i~'W N: H\~d~-!~(l\1J-S;!D lr~, :;-'-,.~Rl !~!tlC~-" f.3l~3~~~l:~t7,\),~~~ .,E:i.,: .l7J5J..,-?#~~~iQ:.l,.' ,; ". ',E ~-rail,)~"I.l!l\~!~%6>P!I~.?h~:!,~ .~~'" ',"'" ......... ...J...... .\.....:..':... '.'L~ "':',/~~:",.-,._.:..,......~..,_.......,.."....... .~"'_ ~',,~,,--:~~,..""-...t"'.'..~....,~.... ...,..........<. . LOCATION:715 381 6829 RX TIME 03/06 '03 10 :53 . March 14, 2003 ""...{)3 ?~p\ L/ Dear Members of the Planning Commission, I was recently informed about a desire by the developers of Liberty on the Lake to place a gas station/convince store/carwash at the comer of Manning and Hwy 12. As a Liberty homeowner and Stillwater resident, I am disturbed and somewhat confused by this request. When my family, and many others, decided to build in Liberty we were told that a small retail space would be placed in the development. My wife and I had a conversation with Homer and Shelly Tomkins in the Land Office and were told that these retail locations would be limited to a small general store, maybe a coffee shop or a place to drop off dry cleaning. It was emphasized that these retail establishments would be small and fit the architectural styling of Liberty. At no time did anyone mention the possibility of a service station. As a foqner Retail Area Manager for Shell Oil Company, I am intimately aware of what impact a gas station has on the surrounding area. I have a number of questions that I feel are valid and of concern to this community. They are: . · What will the hours of this location be? · What monies.will the Developer provide to the city to cover the costs of increased traffic (ingress/egress) and new controls? If none, what will the city do to mitigate traffic issues at this already congested intersection? . What impact will this station have on the following: o The city water storage facility located in a close proximity to the proposed station. o Waste run off, to include car wash, surface and under ground fuel spills, and impervious surfaces that would get into the retaining pond and finally to Long Lake. o Lighting and its effect on homes with bedrooms that face the station o Evening noise o Odor · Most importantly, why was this kept a secret? o no information has been provide to potential homeowners of this request o no information has been provide to existing homeowners of this request . In the past, I have been a supporter of the Liberty on the Lake Developer. I believed, and have vocalized my support in a town meeting, their proposal to bring in homebuilder David Bernard. We were assured that no building requirements would be relaxed for this homebuilder. Unfortunately, a number of these requirements have been relaxed, i.e. the requirement that chimneys be made of a stone type material. I would weigh any decisions you make against this developer's past "promises" and their actual performance. I would also direct your attention to the color layout of the Liberty . development and how this retail location is presented. Look at the names of the business and how they are pictured. Do any of these in any way remotely depict a gas station with a carwash? Finally, I would ask the developer if they have informed the residents of Liberty on the Lake of this service station idea. Ask them to provide proof in the form of letters etc. If the answer- is no, ask yourself why. Putting a service station in a housing development is not the same as putting in a park, ice cream store or coffee shop. Service stations present a whole set of concerns, both environmental and aesthetic, that are reserved for large commercially zoned areas. These should not be a part of the Liberty on the Lake Community nor any other neighborhood in the Stillwater area. Please do not set a precedent for future developments. ~ ,- Steven L. Parry 129 Rutherford Rd Stillwater, MN 55082 651-430-3695 . . . ',i' . 1 1\' t,\ ';,~.;i '\\\'" '" 1- \\,: \;, II, I' \tl I' "I 'I' \,,', ''', ','\1" \\\' ! ,\ '.\1 . , \ \ \. r-::r, ~. \~..,.J\ " ~ I '-Yl \,,~. ';tfJ\ ' \ I ' ~I' \,\\\8\ . '\\\Ql\' . .-l'~l\ . il,~~', , \ '<.W,' ',.'\\\~}', ',,' II",II\< \. \ '~,,\ ',\ \ \\:, \v\ \- ,:\\\\1.\,,:,\\\ ; \:\\~\\ 1\ \\\IH,'\\\ " \ \\\ l)\ir ,_. Vi"'), "\' \\i 1/,\ ' i,' ' , \ ,; k\, l~ . ti\ .' li{-., ',I' \11:1' : \\\1 l\l'~IIi... . 'ii \ II "::\, \ \1 :, ~ + I ... . :I~i ,~' ':, ;~ : 1- !::- Ii, ,l 'i'll, I: , l''j ::: . - II :i!fj'r! I I " '-;;:''':,"',:~ \61 . . . April 15, 2003 Mayor Jay Kimble and Members of Council, City of S.tillwater, 216 N 4th Street. Stillwater, MN. 55082 Dear Mr. Mayor and Members of Council RE: Liberty of the Lake Commercial Lands We understand that Council will be considering three items relating to the commercial lands located in Liberty on the lake - a preliminary plat for the subdivision. of land, and pud approvals for Kwik Trip and First State Bank and Trust. We have had the opportunity of reviewing the plans ofCPDC for the retail development of the Village Commercial portion of Liberty on the Lake. We believe that the development concept and the care that has been taken in terms of the subdivision of the land, together with the architectural controls placed upon the lands will result in a range of commercial land uses inkeeping with the nature of Liberty on the Lake and the long standing plans that had been established for the commercial portion of the community. We have reviewed in detail the plans ofK wik Trip for the development of a convenience store, gas bar and car wash on the north side of Settler' s Way immediately across the street from our Pine Hollow development. At the time when we purchase the aforementioned property from CPDC, we were aware of the desire to include a convenience store, gar bar and car wash on the property. We have had the opportunity to review with K wik Trip and CPDC plans for the use of the property. Based upon this review and discussions we do have three concerns that we would like to raise with the City Council. First, we believe that the landscaping plan for the K wik Trip and specifically that portion of the side west of entrance into the property needs revision. At this point in time the plan that we have seen proposes extremely modest screen and buffering. Given the alignment and orientation of car wash we feel that unless this edge is more effectively screen the homes directly across Settler's Way will be adversely impacted. Second, we believe that the design and orientation of the car wash and the noise associated with its operation will be an impact in the neighbourhood. We do not feel that sufficient consideration has been given to the orientation of the car wash and specifically ~ - the drier within the stmcture. . Third, we are of the opinion that limits should be placed on the hours of operation. of the car wash. The situation of the car wash adjacent to a residential community and the impacts associated with its operation beg limits on hours of operation. It is inappropriate to allow this use to operate outside ofnonnal business hours. We would suggest that reasonable limits be established to ensure a measure of compatibility with adjoining neighbours. We appreciate your attention and look forward to the eventual development of commercial uses within Liberty on the Lake. Yours very truly, 1. Michael Noonan, Vice President, Minnesota Division JMN~jmn . . . . . April 10, 2003 Mayor Jay Kimble 216 N. 4th St. Stillwater, MN 55082 Your Honorable Mayor: This letter is to notify you of our very deep concern with how the commercial property located at the southeast comer of County Road 12 and Manning Avenue is being developed. We have been residents of the Liberty on the Lake development since July 2000. When we decided to buy here, we were told that the small commercial development would feature small, pedestrian- friendly, low impact (daylight operations) businesses such as a bagel shop, coffee shop, drop-off dry-cleaner, and/or beauty salon to serve the residents of the development. What is proposed is something very different. A nine-pump 24-hour gas station with car wash is coming to you for approval at this site. As you know a restaurantlbar with full liquor license is also proposed. These businesses will attract non- residents to a neighborhood that is already overburdened with traffic. Our objections are these: A 24-hour. seven-dav-a-week gas station and carwash is incongruent with a residential area. We will be exposed to non-stop fumes, customers' blaring radios, the proprietor's blasting speaker systems, harsh lighting, loud carwash dryer and traffic in the neighborhood. You may be aware that few gas stations in Stillwater operate around-the-clock and very few have as many pumps as are planned for this location. In addition, Stillwater has manv existing carwashes, some very new, so more car washes in Stillwater are definitely not needed. In short, efforts to improve the aesthetics of the gas station/car wash will do nothing to reduce the odor, noise and traffic it will bring. The infrastructure of the area is not able to accommodate the volume of neonle that will be attracted to the area. Anyone who is in the neighborhood at school drop-off and pick-up times knows that there is a tremendous slow-down of traffic at the roundabout. During school performances, the cars of parents and grandparents line Rutherford Road making it difficult for cars to negotiate the road. The Stillwater Fire Department is aware of these problems and has expressed concern about the ability of a fire truck to pass through the neighborhood. Already it is difficult to exit the neighborhood onto Manning or County 12 at peak times. Drawing more traffic to the area will only exacerbate the situation with no relief in the near future. As you know, Washington County is not planning to widen Manning Road and install traffic signals until 2007. Obviously, the complement of proposed uses are going to negatively impact our property values. In fact, we are delaying making further improvements in our property. For all these reasons stated above: chiefly noise and traffic concerns, we urge you to deny the petitioner. If however, you approve the request, we propose the following conditions to mitigate the negative effect of the businesses. Our primary objective of the conditions is to reduce the noise level in the commercial development so that the residents can maintain the ability to enjoy their homes. . · No access to the commercial development shall be allowed from Rutherford Road. · No carwash shall be permitted. There is no evidence that the proposed car wash design will reduce noise to acceptable levels consistent with a neighborhood environment. · Operating hours of the gas station should be limited to 7 a.m. - 11 p.m. · A line of mature conifers, arborvitae shrubs, or like material should be planted on the border ofthe park and along the entire line of the commercial district to shield residents from the commercial areas. · Commercial trash pick up and deliveries, including fuel, should be limited to the hours of 7 a.m.-7 p.m. · The number of gasoline pumps should be limited to the originally-planned number of2. · No outdoor loudspeaker/intercomlmusic speakers shall be allowed at any of the businesses. · No outdoor dining will be allowed. · Lighting at the gas station will be subdued after 8 p.m. · Restaurantlbar hours after 11 p.m. will not be allowed. We realize that, because this parcel is zoned commercial, virtually any use can be made of it; some, perhaps, more objectionable than the proposed uses. We ask your support in trying to mitigate the effect on the neighborhood so that we can continue to enjoy our homes and retain our property values. Sincerel~' e s~eVin Kuss 121 Rutherford Road Stillwater, MN 55082 (651) 351-7568 . c: Councilman Junker Councilman Rheinberger Councilman Milbrandt Councilman Kriesel . " J . . . )femo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director V April 1 0, 2003 Subdivision of 11.87-acre site into 9-10t subdivision located at comer of County Road 12 and 15, Contractor Properties Developer Applicant Case Sub/03-1S Background This proposed subdivision implements the previous Village commercial PUD. The subdivision divides the land into 9 lots, 8 commercial building sites and one park outlot. Along with the land division, grading/drainage, road and utility plans have been reviewed by the City Engineering Department. The proposed road system has been reviewed by the City Engineering Department, traffic consultant and Washington County for road access. The drainage plans have been reviewed by Washington County and the Engineering Department. Planning Commission Joint Board Review: The Planning Commission held a public hearing on 3-17-03 and approved the request. The Joint Board also held a public hearing on the subdivision on 4-2-03 and approved the subdivision request with conditions. Recommendation: Action on Recommendation. Attachments: Application, Staff report and minutes from Planning Commission 3-17-07 and Joint Board 4-7-03. '. '\, Memorandum . To: Stillwater Township/City Joint Board From: Steve Russell, Community Development Director Date: Ma~ch 18, 2003 Subject: Preliminary Plat for 9 Lot Subdivision on 11.87 Acres of Land in the Village Commercial, VC Zone District, at the Corner of CR 15 and 12. Case No. SUB/03-1s Background. This request implements the previously reviewed PUD by subdividing the 11.87 acre property into 8 developable lots and one outlot park. The road/pedestrian system connects the site to the Liberty Development to the south. A trail along County Road 15 would connect the west boundary of the site to the CR 12 trail system and the CR 15 trail to the south. The drainage plan has been reviewed and approved by the City Engineer and Washington County. . . With the actual development of the site cross easements and maintenance agreement will be required for parking. Planning Commission Review. As with the PUD, the Planning Commission reviewed the preliminary plat at their meetings of February 12, 2003 and March 17,2003 (public hearings). The Planning Commission staff report and minutes are attached. Recommendation: Decision on request. Attachments: Application, staff report and minutes of CPC 3-17-03 . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/03-IS .Planning Commission Date: March 17,2003 Project Location: Southeast comer of County Road 15 and 12 Comprehensive Plan District: Village Commercial Zoning District: VC . Applicants Name: Contractor Property's Type of Application: Subdivision Project Description: Preliminary plat for 9 lot subdivision on 11.87 acres of land Discussion: The request is to subdivide the Village Commercial District into 9 lots, 8 commercial and one Outlot. Street, drainage and utility plans are provided with the preliminary plat. The utility plans have been reviewed by the City Engineer and the drainage plans have been reviewed by the City and Washington County (letter attached). This subdivision carries out the Village Commercial PUD. The following conditions are recommended for project approval: .1. A detailed PUD framework landscape plan shall be prepared for approval and installation as apart ofthe subdivision. 2. The right of ways along CR 15 and 12 shall be dedicated to the City with final platting. 3. County Road 15 trail improvements shall be installed as part of the subdivision improvements. 4. Perpendicular on-street parking shall be provided for retail sites 2 and 3 but not the restaurant site 5. Recommendation: Approval Attachments: Application, parking plan and Washington County Public Works letter. CPC Action on 3/17/03: +7-1 approval. . CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 . Motion passed. 7 fore, 1 against. Case No. PUD/03-14.Conceptual Planned Unit Development approval for an 11.87 acre Liberty Village Development Design located in the V-C, Village Commer~ial:Zoning District at the corner of CR 15 and 12. Contractor Properties, applicant. . Community Development Director Russell gave" and . overview of the Comprehensive Plan for the audience. Homer Tomkins and Mark.Puttnum gave a detailed overview of the PUD (design detail and guidelines, traffic, drainage, and land use). There was much concern about the impact the development would have on traffic. ' Bill, ?, was concerned about the traffic impact and the bank drive through. He was informed that the Comprehensive Plan calculated for the increase in traffic. Pauline, 241 ?, expressed her concern about the traffic, the additional water flow and the impact it would have on nature. Felt th~ bank is not beneficial. . Sue, 121 ?, was also concerned about traffic and the additional fumes from the cars, the gas station and the bank drive through. She was also concerned about the garbage collection times for the bank and gas station. Paula Croaning, stated she is looking forward to the commercial development. Motion made by Council Representative Junker, seconded by Commissioner Middleton to approve the Conceptual Planned Unit Development approval for an 1 1,.87 acre Liberty Village Development Design located in the V-C, Village Commercial Zoning District at the corner of CR 15 and 12. Motion passed 7 fore, 1 against. Case No~ 5UB/03-15. Preliminary plat approval for subdivision of an 11.87 acre site into 9 lots and one Outlot A ranging in size from .35 to 1.47 acres located in the VC, Village Commercial Zoning District at the corner of CR 15 and 12. Contractor Properties, applicant. The subdivision establishes easements, trail ways and right of ways. Motion made by Commissioner Gag, seconded by Commissioner Turnquist to approve the Preliminary plat approval for subdivision of an 11.87 acre site into 9 lots and one Outlot A ranging in size from .35 to 1.47 acres located in the VC, Village Commercial Zoning District at the corner of CR 15 and 12 with the following conditions: . 2 . CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 1. A detailed PUD framework landscape plan shall be prepared for approval and installation as a part of the subdivision. - 2. The right of ways along GR -15 and 12 shall be dedicated to the City. 3. County Road 15 trail improvements shall be installed as part ofthe subdivision: 4. Perpendicular on street parking shall be provided for the retail sites 2 and 3 but no the residential site 5. Motion passed unanimously. .-. Case No. SUP/03-16. A special use permit (final PUD approval) for a convenience, commercial gas station and car wash, 4,428 square feet and 1,665 square feet, respectively, located at the corner of CR 15 and 12 in the VC, Village Commercial Zoning District. Contractor Properties, owner, Scott Teigen, Convenience Stores, applicant.. ' . Mr. Teigen requested a special use permit for a 4,428 square foot Kwik Trip store, fuel pumps with canopy and a 1,592 +/- square foot car wash. The plans submitted include a site plan, a landscape plan and elevation drawing. The proposal attempts to keep within the New England style of Liberty Village. The color themes of the buildings are "Crockery Cream" siding, gables and dormers will be "Muslin White",' fascia accent "Colonial red" with white trim. The single bay carwash was designed to resemble a covered bridge. The fuel canopy will have dark shingles on the roof. Lighting for the pump will be recessed into the ceiling of the canopy. The landscape plan is consistent with the landscaping of Liberty Village. All mechanical equipment, trash receptacles will be screened from view of nearby streets and adjacent structures. There was no lighting plan submitted. The light fixtures on the buildings and the lights above the signs are "goose neck" colonial fixtures. There was some concern amongst the Commission with the hours of operation of the store and car wash. . Commissioner Peroceschi did not see a problem with the gas station being open 24 hours a day, 7 days a week. Chairperson Hultman recommended that the gas station close at 11 :00 pm and then be pay at the pump during the night. Commissioner Ranum also thought the gas station should close at 11 :00 pm. . 3 WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH' STillWATER, MINNESOTA 55082-9573 651-430-4300 Facsimile Machine 651-430-4350 Donald C. Wisniewski, P.E. Director Donald J. Theisen, P.E. Deputy Director/County Engineer James D. Luger, RlA Parks Director . Virginia S. Chace Administrative Services Division Manager March 24, 2003 Larry S. Nybeck, PLS-County Surveyor Deputy Director, Survey and Land Management Division Marvin Erickson Facilities Manager Steve Russell Community Development Director City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 LIBERTY VILLAGE PRELIMINARY. PLAT, SOUTHEAST QUADRANT OF WASHINGTON COUNTY STATE AID HIGHWAY 12 (75TH STREET NORTH; CSAH 12) AND 15 (MANNING AVENUE NORTH; CSAH 15) Dear Steve: We have reviewed the preliminary plat submittal for the Liberty Village retail area and find it acceptable. I have enclosed a copy of my letter of February 24, 2003 to Shawn Sanders on the stormwater ponds adjacent to the CSAH 12/15 intersection. The resolution of the ponding issues eliminated any problems that we had with the plat, so it is acceptable to our department. Grading . within County right of way that is necessary to construct the ponds or to install utilities will be allowed but will require a permit. Please call me at 651-430-4312 if you have any questions or comments. Sincerely, 4 ;;;?", ~eph Lux Senior Transportation Planner Enclosure C: Klayton Eckles, Stillwater City Engineer Dave Hempel, CPDC Bob Bean, Westwood Professional Services Mike Welling, Assistant County Surveyor . N:\WORDIPlat Review- Stillwaler\Liberty Village Preliminary Pial, CSAH 12 & 15.doc . . . WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH. STILLWATER, MINNESOTA 55082-9573 651-430-4300 Facsimile Machine 651-430-4350 February 24, 2003 Shawn Sanders City of Stillwater 216 N. fourth St. Stillwater, MN 55082 Donald C. Wisniewski, P.E. Director Donald J. Theisen. P.E. Deputy Director/County Engineer James D. Luger. RLA Parks Director Virginia S. Chace Administrative Services Division Manager Larry S. Nybeck. PLS-County Surveyor Deputy Director, Survey and Land Management Division Marvin Erickson Facilities Manager LIBERTY VILLAGE STORMWATER PONDS, ADJACENT TO WASHINGTON COUNTY STATE AID HIGHWAYS 12 (75TH STREET NORTH; CSAH 120 AND 15 (MANNING AVENUE NORTH; CSAH 15) - Dear Shawn: We have reviewed the latest revision of the drawings and stormwater calculations, dated 1/17/03, for the Liberty Village retail area. This version of the plans is acceptable to the County's Transportation Division. The developer has effectively removed the normal high water level of Ponds Band Tfrom the County road right of way. The small amount of encroachment that will occur during a 100-year rainfall event should not pose any problems. I received a phone message from Karen Kill, of the Brown's Creek Watershed District indicating that she had received the information and that her preliminary review did not reveal any problems. Please call me at 651-430-4312 if you have any questions or comments. Sincerely, 4 ;r --,r ~eph Lux Senior Transportation Planner C: Steve Russell, Stillwater Director of Community Development Bob Bean, Westwood Professional Services Dave Hempel, CPDC Mike Welling, Assistant County Surveyor Karen Kill, Brown's Creek Watershed District N:\WORD\Plat Review- Stillwater\LibertyVillage Drainage, 2-17-03 Plan.doc WASHINGTON COUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT 11660 MYERON ROAD NORTH. STILLWATER, MINNESOTA 55082-9573 651-430-4300 Facsimile Machine 651-430-4350 Donald C. Wisniewski, P.E. Director Donald J. Theisen, P.E. ' Deputy DirectorlCounly Engineer James D.luger, RLA . Parks Director Virginia S. Chace Administrative S", :_~ Division Manager Larry S. Nybeck, Pl5-County Surveyor Deputy Director, Survey and Land Management Division Marvin Erickson Facilities Manager February 24, 2003 Shawn Sanders City of Stillwater 216 N. fourth St. Stillwater, MN 55082 LIBERTY VILLAGE STORMWATER PONDS, ADJACENT TO WASHINGTON COUNTY STATE AID HIGHWAYS 12 (75TH STREET NORTH; CSAH 120 AND 15 (MANNING AVENUE NORTH; CSAH 15) Dear Shawn: We have reviewed the latest revision of the drawings and stormwater calculations, dated 1/17/03, for the Liberty Village retail area. This version of the plans is acceptable to the County's Transportation Division. The developer . has effectively removed the normal high water level of Ponds Band T from the County road right of way. The small amount of encroachment that will occur during a 1 OO-year rainfall event should not pose any problems. I received a phone message from Karen Kill. of the Brown's Creek Watershed District indicating that she had received the information and that her preliminary review did not reveal any problems. Please call me at 651-430-4312 if you have any questions or comments. Sincerely, c:1<n ;?- ~seph Lux Senior Transportation Planner C: Steve Russell, Stillwater Director of Community Development Bob Bean, Westwood Professional Services Dave Hempel, CPDC Mike Welling, Assistant County Surveyor Karen Kill, Brown's Creek Watershed District . N:\WORDIPlal Review- Stillwaler\LibertyVillage Drainage, 2-17-03 Plan.doc .' .i . MEMORANDUM TO: Mayor and City Council FROM: Cindy Shilts, Building Official Kim Kallestad, Fire Chief DATE: April 9, 2003 SUBJECT: Adoption of Chapter 1306 ofMN State Building Code Included in Stillwater's proposed ordinance that adopts the new Minnesota Building Code is language adopting optional Chapter 1306, Special Fire Protection Systems. In the adoption process Council will make two decisions regarding options within Chapter 1306. Hopefully, this letter will give council members a clear understanding of those options. The first option is choosing 1306.0020, "Subpart 2. Existing and new buildings", or "Subpart 3. Ne'Y buildings". The difference is that when an addition is built onto an existing structure; subpart 2 requires installing fire sprinklers in the new addition and the existing structure. Subpart 3 permits installation of fire sprinklers in the new addition only. . Subpart 2 is similar or identical to Chapter 1306, as it has existed and been adopted by Stillwater for more than twenty years. Although frequently complex and expensive for businesses, churches, etc., the requirement to install in the existing portions of buildings has greatly reduced the fire threat in Stillwater, and if adopted again will continue to reduce the fire threat in Historic Stillwater for generations to come. The second option is choosing 1306.0030, E, "1. Group R-1 and R-2 occupancies with 8,500 or more gross square feet of floor area ...", or "2. ...more than 16 dwelling units or more than three stories in height." "E. 1 ." Requires installation 0 f fire sprinklers in all new residential properties 0 ther than detached (single family) when the gross square feet of the entire structure exceeds 8,500 square feet. This is identical to the language in 1306 we've had adopted for many years with only one minor change. This new language includes all new attached residential structures over 8,500 s.f., whether classified as R-l (multiple dwelling) 0 r R -2 ( attached single family). The new 1 anguage is improved 0 ver previous language in that it provides some uniformity that was lacking in previous language. "E. 2." Allows building up to 16 dwelling units and three stories in height to be built without fire sprinkler systems. This language is not recommended by Building Official Shilts, or Fire Chief Kallestad. . . . . " Recommendation The Building Official and Fire Chief reco~end adoption of Chapter 1306, Special Fire Protection Systems, including 1306.0020, Subpart 2, and 1306.0030, E, 1. These options are currently stated in the proposed ordinance as drafted by City Attorney Magnuson. . . Department of Administration Proposed Permanent Rules Relating to State Building Code !=:PRf'UI.T. 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Cly.at.f'mo m11ol- '::.QJIlP1y ..14t-h I-hp ,::.nn1i,..",h1p !"t-",nd.aJ::il ,.....f'..rencf'c'l {,., I-h", SI-at-'" ]:l,"ilnincr ("nnp Tf ""-~11.b.l.ic. w::Irp,.... ~11:'~T ; c, not N';;::li 1 .~1:' 'a....-.::::'" ,::11 t..a,....n?.....o '"'"-,~; t-P QnUJ:.r:~ n-F JDT",j-pr m"'~,T hI" "",..,.:I H= {I- "".....I-Cl t-h""pprovrll Clf' j-h.. h11.il!1inQ' Q"f.li,..i~' ~n~ -Fi ,....~,...},; o-F T-F~,., ::In..e..qu.at.~ ~1 rprn,::d-p ~r;:d"p"", '::11~!,1 'T .s..u..-F-F;,..i pnt- T'"'..J:......h.a.aQ ,C+-vA.=lTn Y-P,(Jl1; 1""/C.mp.,nt-,c::!, ; a, I'Y'('''Ti n.e..o t'"yr aJT",i''''hlp t-hp hllilning offi,...i",' ",nn firp ,..hipf m",y :,prmij- t-hp ~~t-pr ~11!,!,' y ""P~ll; ""pm~""c.: -F~p'" :.~~ l:lo.s..,Q pt-rp,::lm n..emanr1c:: t-,'"'--1le. moCIi-Fipr'!_ ~h nn~n SUBSTITUTE CONSTRUCTION. J'np inc::!.t-,~",::lt-;nn f"'\T ,::In ::ll1i-nm:::,t"",i,-. c::!,nr;nylpY' C!."c::.t...em ::I~ ~l1irpr'!.....by t-hiCl, ~~,..., ~"'Cl, "''!t- ru,...1",.:I.. t-h..- Clllb!'lt"it"llt"ion n-F .nnp-honr firf'-rf'Cl49t-{,rf' con!'lt"rur.t"ior ,;>::. :;l..e.IJD-it"t"prl bv t"hp ~nj-"'''''''.al-i''''''''r1 ]:lp{1':11ng ("oc'l"'. '1"'2l'1... '5l", f'n.o.t.rnj-p n_ ',nh nn~ EXEMPTION. 'PhI" h.JJ.i..1.!:1inq n-F-F4,...~,,1.......J.ll..4t-h ~n,..."rrpn,..p n-F j-hp -Firp nffi,...i",'. m",y ,-"",ivp t-h", rp~ulr~ment-'" n-F j-hi,::: ,..h"'9t"pr if' j-h,e .",nn14,..",j-4on of Wrlt""',... h"Cl. h"''''n n~mC'n9t-""3t"~d t"o COJ'l,:::j-ij-llrp '" ..s..e..~inllC: 14-F", f'4'::..",.~,... "'nvironmpnt"a] ha7.arc, ",... if t"h~ bl,;1ni",~ ilnp",: ".01- h"'':e-."n"n.eqJ.J..<:'t-... ''l.at.'''''''Cll1~T'''',.:I t-hp. hlli' ni nQ' i '" surrollnd~ci by publ i r. WrlYs or Yrlrd!'l mor~ t"hrln 60 fe",t- ..14,.:1", nn -all. ic:.; nPQ 1,nh n~ REPORTING. A...nu.,n; ~i ~r' ; rl~19t- C!,l1hm; ~=' r"f'"'\r'.~_Cd= rnp 0....." ;n.~n~p,~"n~r i...ng. !.bi,::: ,..h",:,j-pr t-.n I-h", Dpprlrt"m"''''1- ':lL.AdIn~n4"'t-r",t-4,,'7 ):l:lli1n~ ("nr1..e..a anCI !':r",nn..a..J:::d.s...n4v494n,., '.u.t-h{n '~"YCl ,,-I' 4t-c: a!:'In:,j-inn REPEALER. lYIinnp,:::nt-", "Q11'''',::: :,,,,rr 1':l..Q..6...j'i1nn ic: rp:,p",'pr'!_ . .' . . . ORDINANCE NO.: 935 AN ORDINANCE ADOPTING THE 2003 MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF litE MINNESOTA STATE BUILDING CODE The City Council of the City of Stillwater does ordain: 1. REPEALING. Sec. 33-1, subds. 2, 3,4(1), (2) and (3) are hereby repealed. 2. ENACTING. Chapter 33, Section 33-1, entitled "Adopting the 2003 State Building Code", is hereby added to the Stillwater City Code to hereafter read as follows: "Sec. 33-1. Adopting the 2093 State Building Code. Subd. 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance. The code enforcement agency is the City of Stillwater. This code shall be enforced by the Minnesota Certified Building Official designated by the City Council to administer the code (Minn. Stat. ~ 16B. 62, subd. 1.) Subd. 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minn. Stat. ~ 16B.62, subd. 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City Council by resolution from time to time. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minn. Stat. ~16B.70. Subd.3. Violations and Penalties. A violation of the code is a misdemeanor (Minn. Stat. ~ 16B.69 and Minnesota Rules, Chapter 1300). Subd.4. Building Code. The Minnesota State Building Code, established pursuant to Minn. Stat. ~16B.59 to 16B.75 is hereby adopted as the building code for the City of Stillwater. The code is hereby incorporated in this ordinance as if fully set out herein. (1) The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300, Administration of the Minnesota State Building Code; 11. 1301, Building Official Certification; 111. 1302, State Building code Construction Approvals; r . .. .,," IV. 1303 Minnesota Provisions; v. 1305, Adoption of the 2000 International Building Code; VI. 1306, Special Fire Protection Systems; V11. 1307, Elevators and Related Devices; Vlll. 1309, Adoption of the 2000 International Residential Code; IX. 1311, Adoption of the 2000 Guidelines of the Rehabilitation of Existing Buildings; x. 1315, Adoption of the 2002 National Electrical Code; Xl. 1325, Solar Energy Systems; X11. 1330, Fallout Shelters; Xlll. 1335, Floodproofing Regulations; XIV. 1341, Minnesota Accessibility Code; xv. 1346, Adoption of the Minnesota State Mechanical Code; XVI. 1350, Manufactured Homes; xvii. 1360, Prefabricated Structures; xviii.1361, Industrialized/Modular Buildings; XIX. 1370, Storm Shelters (Manufactured Home Parks); xx. 4715, Minnesota Plumbing Code; XXI. 7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code. (2) The following optional provisions are hereby adopted and incorporated as part of the building code for the City of Stillwater. 1. 1306.0010, Special Fire Protection Systems, option subp. 2 and 1306.0030(e), option 1; 11. 1335, Floodproofing regulations; 111. Appendix Chapter K (Grading of the 2001 Supplements to the International Building Code.)" . . 3. SAVING. In all other ways, the City Code remains in effect. 4. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of April, 2003. . - 2 - .. ~ . ~ . . . CITY OF STILLWATER Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk - 3 - . )femo To: From: Date: Subject: Mayor and City Council /J / Steve Russell, Community Development Director It-/' April 10, 2003 City Expansion Area Traffic Study Including South of Boutwell Area. . This item was previously before the Council. At that time, budget considerations by the State and County required that the study proposal be continued until they had a better idea of their budget. At this time, MnDot and Washington County have agreed to participate in the expansion area traffic analysis. The cost share agreement is 20% MnDot, 40% County and 40% City of Stillwater. Of the City's 40%, 50% of that has been offered by US Homes to address Phase III development traffic issues. The estimated 20% cost to the City is $8,450. A joint powers agreement for service with MnDot and Washington County is attached for review and approval (resolution) Recommendation: Approval of Joint Powers agreement for consultant service. Attachments: Boutwell Area Traffic Study and Joint Powers Agreement for professional servIces . . APPROVAL OF STATE OF MIINNESOTA JOINT POWERS AGREEMENT FOR PROFESSIONAL/TELI11~ICAL SERVICES BE IT RESOL YED by the City Council of Stillwater, Minnesota, that the Joint Powers Agreement between the State of Minnesota, acting through its Commissioner of Transportation and the City of Stillwater and Washington County for professional/technical services for preparation of a traffic study in the area of Trunk Highway 96 and Manning Avenue (Boutwell Area) in Stillwater, hereto attached, is hereby approved, and the Mayor and appropriate city staff are authorized to sign said Agreement. Adopted'by Council this 15th day of April 2003. Jay L Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . " CUENT: CITY OF SnUWATER' CONSULTANT: SRFCONSULTING GROUPi'lNC, PROJECT: BA.UTWALLAREA TRANSPORTATION STUDY .....ESTIMATED PERSON-HOURS..... TASK NO. WORK TASK DESCRIPTION 1.0 PROJECT MANAGEMENT AND MEETINGS PRINCIP&, ASSOCIATE. pROF. TEC~ CLERICAL TOTALS IQIAL FEE 1.1 Coordinate work tasks with staff, communicate frequently with project manager on study products, schedule and budget 4 o o o o 4 ~ . ~ 1.2 Prepare materials and attend up to three Planning Commission meetings, one CounCIl meeting, and one County work session to discuss Issues, present analysis, findings and recommendations. 8 o 40 o o 48 1.3 Prepare materials and attend up to four Project Management Team 6 0 20 0 0 26 meetings. SUBTOTAL. TASK 1 18 0 60 0 0 78 $7,368 2.0 DATA COLLECTION I ASSEMBLY 2,1 Review and a~mble existing background data and mapping including: 0 0 8 8 0 16 . Detailed ba~map . DaDy volumes, - ExIstIng IaJ:ld use - Funclionalclasslficatlon of routes - Future development areas - Roadway geometry I ROW widths - Roadway standards - ExIstIng comprehensive plans - Previous traffic ,studies 2.2 Conduct travel time analysis. Conduct travel time runs on four potential cut- through routes to help determine traffic impacts of potential alternatives. o o 4 8 o 12 2.3 Conduct (p.m. peak hour) Turning Movement Counts (optional) Conduct turning p.m. peak hour movement counts at up to 10 key Intersections: . - CSAH 15 (Manning Avenue) . TH36 .62nd . ~(75th) ~ Ba~oad (80th) ,Mc:KusIck,Road (88th) ,. TH95 o 4 40 o 45 "\ SRF CONSULTING GROUP, INC. ~ ' " . ENGINEERS AND PlANNERS . MINNEAPOLIS, MN. . , . cue. CITY OF STILLWATER, ' ~ ... ~'1/' . SRF CONSULTING GROUP~'INC. CONSULTANT: . PROJECT: SAUTWALLAREA TRANSPORTATION STUDY -.... ES TI MA TED P ERS 0 N-H 0 U RS..... TASK NO. jYqRK TASK DESCRIPTION pRINCIP~ ASSOCIATE. fBQE.. TECH~ICAL CLERICAL TOTALS IQIAL FE~ - ~~Q!th) E111!.~~" ~ ~~ens Stre':1) - .' 5 (West Olive) . OWens Street . Greeley Street SUBTOTAL - TASK 2 1 0 16 66 0 73 $4,172 3.0 CONDUCT TECHNICAL ANALYSIS 3.1 Analyze Potential Impacts to Neighborhood Streets I 3.1.1 Baaed on current volume counts and ITE trip generation rates, estimate 0 0 8 0 0 8 current cut-throUgh volumes on the foDowlng streets: - Northland Avenue - Mary KnoD Drive - Dear Path - Brick Street 3.1.2 Estimate the number of new trips that win be generated In the study by new 1 0 16 0 0 17 development and land uses. Identify the directional trip distribution patterns for these trips (pattern between the SUbject study area and sub-arealregional destinations). ASsign study-area generated trips and trips from background traffic growth to future roadway system. 3.1.3 Estimate the percentagelvolume of new trips that are likely to use local 0 8 0 0 9 north/south streets (cut-through routes). 3.1.4 Analyze capacity and functional character of key roadways in the study area. 2 0 8 0 0 10 Characterize their ability to accommodate these volumes and whether volumes are consistent with designated function and design. 3.1.5 Identify potential optionsl~ltematives to address "through" traffic issues, 2 0 24 O. 0 26 including: . . - Future comectlons that may mitigate "through" traffic impact - Orientation of future development access that may mitigate "through" traffic ImpactB.' . - Traffic calmlng.andlor other management strategies to mitigate Impacts. - Street ImprovemenlslcoDector system upgrades that may mitigate ImpactB. SRF CONSULTING GROUP. INC. ~ ~ERSNlDPLANNERS MlNNEN'OUS, MHo CUENT: CITY OF STILLWATER' CONSULTANT: SRF CONSULTING GROUP; INC. PROJECT: BAUTWALLAREA TRANSPORTATION STUDY ..... E S TI MA T EO P ERSON-HOU RS.-.. IASK NQ. WORK TASK O~CRIPTION PRINCIP6b ASSOCIATE PROF. TECHNICAL CLERICAL TOTALS 'IQIAL FEe. 3.2 Analyze Impacts to 10 key Intersections for existing conditions. Develop 4 16 80 0 0 100 traffic projections based on future growth scenarios for major Intersections; conduct LOS analysis to determine potential future Improvements. 3.3 Oocument LOS, queuing, and other traffic problems at the 10 Intersections 0 0 0 0 0 0 as weD as identifying potential geometric Improvements needed to accommodate future growth. 3.4 Develop Sub Area System Plan 0 0 0 0 0 0 3.4.1 Based on functional classification spacing, physical constraints, safety, neighborhood Issues, connectivity and continuity, develop a sub area system plan: a) Define locations of major access points to Manning Avenue (CSAH 15), 12 0 30 30 0 72 Myr1Ie Street (CSAH 12) and TH 95 between Manning and Neal. Identify future logical. signal locations that would balance need for mobility with the need for safety and reasonable side street access. Document rationale and develop graphies showing access plan. . b) Based on projected volumes, Identify potential typical section/geometries at 2 0 4 0 0 6 major Intersections for Manning Avenue and Myr1Ie. c) Identify potential jurisdictional changes and document rationale for changes. 4 0 16 8 0 28 3.5 Evaluate and refine sub area plan based on Input from Planning Commission 8 0 16 8 0 32 and Pubfic. Present final find'mgs and recommendations to City and County. SUBTOTAL - TASK 3 36 16 210 46 0 308 $26,084 4.0 Prepare draft and final reports describing the results of the analysis, 4 0 30 20 0 64 $3,904 traffic Impacts, mitigation, actions, and study recommendations. SRF ResDonsibDities: :Organlze Information, conduct analysis, assist In facilitating meetings and presentation of results, develop report describing findings and recommendations. ~ ResDonsibDitles: Organize meetings, provide any notices to property owners, residents, and other stakeholders, provide background materials and GIS base mapping, and timely review and comments on materials. \ .', ::y.T1NGGROUP, INC. ~P\NHRS r'~ - 'C. CITY OF STILLWATER . PROJECT: BAUTWALl AREA TRANSPORTATION STUDY . CONSULTANT: 't SRF CONSULTING GROUP;~NC. . ..... EST I MAT E DP E R SON - H 0 U R S ..... ~-.' "lit~: fI IASK NC), jlVORK TASK DESCRIPTION pRINCIPAl:. ASSOCIATE PROF. TECH~ CLERIC&, TOTALS 'rOT At FE!; TOTAL ESTIMATED PERSON HOURS 69 16 318 122 0 613 AVERAGE HOURLY BIWNG RATES $156 $138 $76 $50 $54 ESTIMATED LABOR AND OVERHEAD . $9,204 $2,208 $24,016 $6,100 $0 $41,528 '. ESTIMATED DIRECT NON-SALARY EXPENSES: e TOTAL ESTIMATED FEE '<-IJ t- (W' V" ~~,~'ftS~\iW~., .",~, '," '~11:, ""'''''~~l~!''Sl'icf'>~\t,''~~JIt'; ;Jl.i""',''''~I'-vw'''''''''';:),!l2,'''m''\'':<':''ili~t':''';)':"'~!3K;';','iit.,.,., .~~~.' il)~~, "1 ~_ . ..".. ~-~." . 1kr:J:!u i ~. .~.:{J. . ~~.~'~w-~1i~! ?~. I~t~, Y;':'T~~'m ,1f:1i- -t ~- '. " , _. ' ESTIMATE OF DIRECT NON-SAlARY EXPENSES: MILEAGE: ',' 905 mUes @ 12 reports @ $0.36: $30.00 $326 $360 $50 PRINTING: ' MISCELLANEOUS: Delivery, photos ESTlMATED..DIRECT NON-SALARY EXPENSES $736 .-------; 8RF CClNSUL.1'lNG GROUP,INC.' ~ . ENGINEERS AND PLANNERS MINNEAPOUS. MN. ~ . . . till \!OF~~ Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 April 8, 2003 Phone: (651) 582-1479 Mr. Steven Russell City of Stillwater 216 North 4th Street Stillwater, MN 55082 In reply refer to: Mn/DOT Agr. No. 84067 Boutwell Area Transportation Study Dear Mr. Russell: Enclosed are five copies of the above referenced agreement. The purpose of this agreement is to perform a traffic study in the area ofT.H. 96 and Manning Avenue in Stillwater. Your signatures on this agreement do not constitute an obligation by the State. Execution of this agreement is subject to and expressly conditioned upon final approval by the State pursuant to Minnesota Statutes 16C.05, Subdivision 2. Approval shall be conclusively deemed given upon delivery of a fully executed contract to you. A certified resolution from the Stillwater City Council authorizing the signatures of the city officials is necessary. Please note that the resolution must reference the Mn/DOT Agreement Number and contain the titles of the officials who sign the contract. If this agreement meets your approval, please have all five copies signed and return to: Mark Hagen Consultant Contract Administrator Minnesota Department of Transportation 1500 West County Road B-2 Roseville, MN 55113 I have been assigned as the agreement administrator for this project. Any changes or additions to this agreement will render it invalid. A copy of the agreement will be furnished to you after it is fully executed by the State. Sincerely, ~~ Mark Hagen Consultant Contract Administrator Enclosures An equal opportunity employer Mn/DOT Agreement No. 84067 , CFMS No. STATE OF MINNESOTA JOINT POWERS AGREEMENT FOR PROFESSIONAL/TELtiJ. ilCAL SERVICES . Project Identification: Boutwell Area Transportation Study State Project (S.P.):8211-29 Trunk Highway (TH): 96 This agreement is between the State of Minnesota, acting through its CvuLluissioner of Transportation ("State"), the City"of Stillwater, through its City Council, address 216 North 4th Street, Stillwater, MN 55082 ("City") and Washington County, through its Board of Commissioners, address 11660 Myeron Road North, Stillwater, MN 55082-9573 ("County"). Recitals 1. Under Minn. Stat. ~ 15.061 the State is empowered to engage such assistance as deemed necessary. 2. Minnesota Statutes ~ 471.59 authorizes the parties to enter into this Agreement. 3. The State is in need of a traffic study in the area of Trunk Highway (T.H.) 96 and Manning Avenue (Boutwell Area) in Stillwater. The study will include traffic analysis, identified traffic impacts, mitigating actions, and recommended traffic control, roadway system improvements, and design guidelines. The other participants in the study are the City of Stillwater and Washington County; the City of Stillwater will be the lead agency. 4. The City represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the State. Agreement . 1 Term of Agreement 1.1 The date that all required signatures are obtained by the State, pursuant to Minnesota Statutes Section 16C.OS, subdivision 2. 1.2 Expiration date: December 31, 2003, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 SurvivalofTenns: The following clauses survive the expiration or termination of this Agreement: 6 - Liability; 7 - State Audits; 8 - Government Data Practices; 9 - Intellectual Property; 10 - Venue. 1.4 Exhibits: Exhibit A is attached and incorporated into this Contract. 2 Scope of Work an<<;l Deliverables Pursuant to applicable laws, the City will enter into a contract with a Consultant (SRF Consulting Group, Inc.) to perform the following tasks: 2.1. Project Management and Meetings 2.1.1 Coordinate work tasks with staff, communicate as necessary with City's project manager on study products, schedule and budget. 2.1.2 Prepare materials and attend up to three Planning Cuulluission meetings, one City Council meeting, and one County work session to discuss issues, present analysis, findings and recommendations. 2.1.3 Prepare materials and attend up to four Project Management Team meetings. 2.2 Data Collection I Assembly 2.2.1 Review and assemble existing background data and mapping including: 2.2.1.1 Detailed base map 2.2.1.2 Daily volumes 2.2.1.3 Existing land use 2.2.1.4 Functional classification of routes 2.2.1.5 Future develu'pment areas . 1 MnlDOT Agreement No. 84067 /' . 2.2.1.6 Roadway geometry / right-of-way widths 2.2.1.7 Roadway standards . 2.2.1.8 Existing CUJU}'l ehensive plans 2.2.1.9 Previous traffic studies 2.2.2 Conduct travel time analysis. Conduct travel time runs on four potential cut-through routes to help detennine traffic impacts of potential alternatives. 2.2.3 (Optional) Conduct P.M. peak hour turning movements at up to 10 key intersections: 2.2.3.1 CSAH 15 (Manning Avenue) atT.H.36 2.2.3.2 CSAH 15 at 62nd Street 2.2.3.3 CSAH 15 at CSAH 12 (75th Street) .2.2.3.4 CSAH 15 at Boutwell Road (80th Street) 2.2.3.5 CSAH 15 at McKusick Road (88th Street) 2.2.3.6 CSAH 15 at T.H. 95 2.2.3.7 CSAH 12 at Boutwell Road 2.2.3.8 CSAH 12 at Owens Street 2.2.3.9 CSAH 5 (West Olive Street) at Owens Street 2.2.3.10 CSAH 5 at Greeley Street 2.3 Conduct Technical Analysis 2.3.1 Analyze potential impacts to neighborhood streets 2.3.1.1 Based on current volume counts and mstitute of Traffic Engineers trip generation rates, estimate C1.u."..t cut-through volumes on the following streets: 2.3.1.1.1 Northland Avenue 2.3.1.1.2 Mary Knoll Drive 2.3.1.1.3 Dear Path 2.3.1.1.4 Brick Street 2.3.1.2 Estimate the number of new trips that will be generated in the study by new development and land uses. Identify the directional trip distribution patterns for these trips (pattern between the subject study area and sub-area regional destinations). Assign study-area generated trips and trips from background traffic growth to future roadway system. 2.3 .1.3 Estimate the percentage / volume of new trips that are likely to use local north / south streets (cut-through routes). 2.3 .1.4 Analyze capacity and functional character of key roadways in the study area. Characterize their abilty to accommodate these volumes and whether volumes are consistent with designated function and design. 2.3 .1. 5 Identify potential options / alternatives to address "through" traffic issues, including: 2.3.1.5.1 Future connections that may mitigate "through" traffic impact. 2.3 .1.5.2 Orientation of future development access that may mitigate "through" traffic impacts. 2.3.1.5.3 Traffic calming and / or management strategies to mitigate impacts. 2.3 .1.5.4 Street improvements / collector system upgrades that may mitigate impacts. 2.3.2 Analyze impacts to 10 key intersections for existing conditions. Develop traffic projections based on future growth scenarios for major intersections; conduct level of service analysis to detennine potential future improvements. 2.3.3 Document level of service, queuing, and other traffic problems at the 10 intersections as well as identifying potential geometric improvements needed to accUll11110date future growth. 2.3.4 Develop sub-area system plant2.3.4.1 Based on functional classification spacing, physical constraints, safety, neighborhood issues, connectivity and continuity, develop as sub area system plan: 2.3.4.1.1 Defme locations of major access points to Manning Avenue (CSAH 15), Myrtle Street (CSAH 12), and T.H. 95 between Manning and Neal. 2 . . Mn/DOT Agreement No. 84067 Identify future logical signal locations that would balance need for mobility with the need for safety and reasonable side .,L...d access. Document rationale and develop graphics showing access plan. 2.3.4.1.2 Based on projected volumes, identify potential typical section / geometrics at major intersections for Manning Avenue and Myrtle Street. 2.3 .4.1.3 Identify potential jurisdictional changes and document rationale for changes. 2.3.5 Evaluate and refine sub area plan based on input from Planning Cuulll.ission and public. Present fmalfindings and recommendations to City, County, and State. 2.4 Prepare draft and final reports describing the results of the analysis, traffic impacts, mitigation, actions, and study recvulluendations. '" . 3 Payment 3.1 Consideration. The State will pay for all services performed by the City under this agreement as follows: A. Compensation. The State will pay the City on a Lump Sum basis. Payment Liquidation: The City will submit an invoice for payment in accordance with the following schedule: One-time payment. B. Total Obligation. The total obligation of the State for all cUUlpensation and reimbursements to the City will be 20% of the final total contract value or $8,400.00, which ever is less. 3.2 Terms of Payment A. Invoices. The State will promptly pay the City after the City presents an itemized invoice for the services actua1lyperformed and the State's Authorized Representative accepts the invoiced . services. The City will use the format set forth in Exhibit A When submitting the invoice. The invoice must be submitted timely and according to the following schedule: Upon completion of the services. B. Retainage. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount due under this agreement may be paid until the final product of this agreement has been reviewed by the State's agency head. The balance due will be paid when the State's agency head detennines that the City has satisfactorily fulfilled all the tenns of this agreement. C. Federal funds. If federal funds are used the City is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the City's failure to comply with federal requirements. 4 Authorized Representatives The State's Authorized Representative is Mark Hagen, Consultant Contract Administrator, Minnesota Department of Transportation, 1500 West County Road B-2, Roseville, MN 55113, telephone (651) 582-1479, or hislher successor. The State's Project Manager is Tod Sherman, Planning Supervisor, Minnesota Department of Transportation, 1500 West County Road B-2, Roseville, MN 55113, telephone (651) 582-1548, or hislher successor. The City's Authorized Representative is Steven Russell, Stillwater Community Development Director, . City of Stillwater, 216 North 4th Street, Stillwater, MN 55082, or hislher successor. The County's Authorized Representative is Joseph Lux, Washington County Transportation Planner, Washington County, 11660 Myeron Avenue North, Stillwater, MN 55082-9573, or hislher successor. 3 / . . . Mn/DOT Agreement No. 84067 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The City may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and appLoved by the same parties who executed and appLoved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If a party fails to enforce arty provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the parties. No other understanding regarding this agreement, whether written or oral, may be used to bind a party. 6 Liability The City will indemnify, save, and hold the State, the County, and their agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State or County, arising from the performance of this agreement by the City or the City's agents or employees. This clause will not be construed to bar any legal remedies the City may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. ~ 16C.05, subd. 5, the parties' books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices . The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by a party under this agreement. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data referred to in this clause by either the City or the State. 9 Intellectual Property Rights 9.1 Intellectual Property Rights. Except as otherwise specified in the City's contract with the Consultant, the City will own all rights, title, and interest in the intellectual property arising from such contract. The City grants to the County and the State a perpetual, irrevocable license to use any intellectual property contained i~ the traffic study, including, without limitation, the right to publish and disseminate such works and to create derivative works therefrom. 10 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with cVlUpetent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The State or the Cvulluissioner of the Minnesota Department of Administration may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the Governmental Unit. 11.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; Qr if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. 4 MnlDOT Agreement No. 84067 However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, riot to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 12 Additional Provisions None. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 5 '. . . . STATE ENCUMBRANCE VERIfiCATION Individual certifies that funds have been encumbered as .required by Minn. StatJf l6A.15 and l6C.05. Signed: Date: CFMS Contract No. A- CITY OF STILL WATER City of Stillwater certifies that the appropriate person(s) have executed the contract on behalf of the City of Stillwater as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPY OF RESOLUTION rPROVING .lnJ!. AGREEMENT. WASHINGTON COUNTY Washington County certifies that the appropriate person(s) have executed the contract on behalf of Washington County as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: ~CLUDE COpy OF RESOLUTlO.N ~PROVING .lnJ!.AGREEMENT. STATE AGENCY ~y: (with delegated authority) Title: Date: Mn/DOT Agreement No. 84067 COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: . . . . . . . . . . . : . : . . . . . . : . .. ......:&'e~...... =-=", . . . . .. ....... a . . ... : _ __ .~..... ........... "'G) ~ . +.,< :II .. ':'.:. :P:~~~( 'IIi..L .... 'e.s.ttl flilU!\aud t, . ::~tlon '. . . . : . . . . . . . . : . . . . . .. ... . . By: Date: 6 MnlDOT Agreement No. 84067 . Exhibit A Invoice To: Consultant Services Section Minnesota Department of Transportation Transportation Building, Mail Stop 680 395 John IrelandBoulevard, S1. Paul, MN 55155 . Period Ending: Invoice Date: Copy: Tod Sherman, Project Manager Mark Hagen, Agreement Administrator INVOICE NO. Re: Project Description: Boutwell Area Transportation Study State Project Number: 8211-29 Contract Expiration Date: December 31, 2003 Trunk Highway: 96 t Estimated ;et Cost of Services: I Net Earnings Totals: 1 Total Contract Amount Total Billing to Date Amount Previously Billed I B~~d ,I Invoice $8,400.00 t $8,400.00 Total Amount Due This Invoice: ~ For State Use Only I certify that the above statement is correct and payment has not been received. Signature: Print Name' Title: Billing Address: City of Stillwater 216 North 4th Street Stillwater, MN 55082 Telephone: (651) 430-8800 Approved for Payment: Date . Page 1 of 1 Rev. 2/01 . ORRIN THOMPSON HOMES Minnesota's Endurin~ Standard of Value April 1 0, 2003 Mr. Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN. 55082 Re: Traffic Study Dear Steve: Orrin Thompson Homes would be willing to participate in the Phase III traffic study and be responsible for its share of 20% or a cost of $8,452 for this study. We would be willing to participate and would want to be notified of when meeting are held so as to . send appropriate representation. Thank you for including us in this study. ~ (;I~WJ .~ . WIlham Pntchard Division Senior Vice President Thompson Land Development . 935 East Wayzata Boulevarde Wayzata, Minnesota 55391 (952) 473-1231 phone (952) 473-7401 fax ~ . . Y~emo DATE: April 11, 2003 TO: Mayor and City Council Chantell Knaus~ Director of Administration FROM: RE: 2003-2005 Solid Waste and Recyclin? Contract Currently, the City is in the first yearofa 3-year contract (January 1,2003 - December 31,2005) with Waste Management, Inc. for the collection of solid waste and recycling. The rates for solid waste and recycling collection was approved in Resolution No. 2002-110, as attached. The current rate schedule includes a $0.67/month/household recycling subsidy. This subsidy is paid by the City on behalf of residents from a portion of monies received through the Washington County Recycling Grant Program. The Washington County Recycling Grant Program is funded through the State's SCORE funding (Select Committee on Recycling and Environment). In 2002, the City received $59,698 and in 2001, the City received $61,544. In 2001 and 2002, approximately $51,000 of the Recycling Grant money was used to subsidize residents' curbside recycling costs. The remainder of the Grant money was used to pay for the City's Goodwill Contract and for recycling education materials. The City was recently notified by Washington County that the Governor's 2003 budget unallocated a portion of the SCORE funds. The County will also be delaying the Recycling Grant application process for 2003 until they know what the State will be providing for future grant funding. Typically, the application process takes place in March and the funds are distributed in May of each year. I have attached a copy of the letter from the County for your reVIew. Staffhas initiated steps to re-negotiate the rate schedule with the City's hauler, Waste Management, Inc. for the remaining term (May 1, 2003 - December 31, 2005) of the contract to eliminate the $0.67 City subsidy per household per month. The effect would be an increase in rates per household of $0.67 per month ($5.36 for the remainder of 2003 and a total increase of $8.04 for 2004 and 2005). Waste Management has agreed to the new rate structure. Recommendation Staff recommends the City Council adopt the proposed Resolution Establishing A Monthly Rate Schedule For The Collection Of Solid Waste And Recycling, effective May 1,2003 - December . 31,2005. ~ RESOLUTION NO. 2002-110 . ESTABLISHING A MONTHLY RATE SCHEDULE FOR THE COLLECTION OF SOLID WASTE AND RECYCLING EFFECTIVE JANUARY 1,2003 - DECEMBER 31, 2005 Senior Tvne of Service Accounts 30 Gallon 60 Gallon 90 Gallon Collection/Disposal $5.57 $8.16 $10.06 $12.03 Yard Waste $1.59 $1.59 $ 1.59 $ 1.59 Recycling $2.54 $2.54 $ 2.54 $ 2.54 Less Recycling Subsidy ($ .67) ($ .67) ($ .67) ($ .67) Appliances $ .42 $ .42 $ .42 $ .42 . Billing $ .21 $ .21 $ .21 $ .21 Total Amount $9.66 $12.25 $14.15 $16.12 Multiple dwelling units containing ninety (90) or more units which are rented exclusively to persons whose head of household is sixty-two (62) years of age or older shall be charged a special rate. A separate rate is appropriate for these dwelling units in view of the accessibility of each unit, the amount of household waste they generate and the number of units in each building and the use of a compactor at the site. . a. For normal "household waste" and for regular pick-up, a monthly charge of two hundred dollars ($200.00) plus applicable taxes for surcharge. This charge would . be for a weekly pick-up oftwo (2), two (2) yard containers. b. For recycling services, a monthly charge of twenty dollars ($20.00) per month plus taxes and surcharges. This charge would be for weekly pick-up of a ninety (90) gallon container. . Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $5.00 per month during the period of their absence. Adopted this ih day of May 2002. /::i?/Y~ Ja~ble,~yor /' ffi~ ..J Wedel Diane F. Ward, City Clerk . oJ WASHINGTON COUNTY APR - 3 2003 DEPARTMENT OF PUBLIC tlEALTH AND ENVIROJ.'V~J,!, GOVERNMENT CENTER 14949 62nd Street North, PO Box 6 . Stillwater, MN 55082-0006 Office 651/430-6655 . TDD 651/439-3220 . Facsimile Machine 651/430-6730 ']~~~OV~l }; April 2, 2003 Chantel Knauss, Recycling Coordinator City of Stillwater 216 Fourth St N Stillwater MN 55082 Re: 2003 Curbside Recycling Grants I would like to provide you with an update on Washington County's curbside recycling grants for 2003. The Governor's fiscal 2003 budget unallocated a portion of SCORE funds. On April 8, 2003, the Washington County Board of Conunissioners will be taking action to return $55,878, or 11.6%, of the $483,507 Washington County 2003 SCORE funds to the State. In addition, the Governor's fiscal 2004-2005 budget proposes further reductions of approximately 40% for the 2004- 2005 biennium (20% each year) in County SCORE funding. . The County has not yet made a decision on curbside grant eligibility amounts for 2003 or subsequent years. Washington County has traditionally used half of its SCORE funds for curbside recycling grants to cities and townships and half for our household hazardous waste program In light of the reductions in funding, this traditional funding allocation will need to change. Staff has requested the County Board to delay the curbside recycling grant application process for 2003 and to hold a County Board workshop on May 27,2003, on the curbside recycling program. The delay in starting the curbside recycling grant application process will allow us to obtain the latest information from the legislature regarding state grants that may affect future funding levels. We know that the delay in soliciting curbside recycling grant applications as well as reductions in funding levels will have impacts on individual cities and townships. We will be contacting you shortly to set up meetings to receive your input in this process. Please contact me at 651-430-6668 or atiudv.hunter<ako.washington.mn.us if you have any questions. Sincerely ~h.~~ Judy Hunter Senior Program Manager cc: Jim Schug, CoUnty Administrator Mary McGlothlin, Department Director Jeff Travis, Program Manager . An Equal Employment Opportunity/Affirmative Action Employer ICYou Need Assistance Due to Disability or Language Barrier, Please Call 651/430-6655 (TDD 651/439-3220) ) ~~rgO~~l" ... APR 1 0 2Oll3 L ~ .. I WASTE MANAGEMe 10050 Naples St. NE Blaine, MN 55449 (952) 890-1100 (763) 783-5477 Fax .. April 10, 2003 Ms. Chantell Knauss Administrative Director City of Stillwater 216 N. 4th St. Stillwater, MN.55082-4807 Re: Recycling subsidy Dear Ms. Knauss, This letter is to confirm our phone conversation of April 8th regarding the loss of Score Funding from the county. The deleting of the subsidy of$.67 per month on the recycling charge and moving . this back on the resident beginning May 1,2003. Is acceptable to Waste Management as long as it has no effect on the total rate structure. Please notify me when this passes the full council so we can adjust our billing! Thank you for your continued business and feel free to contact me on any concerns at 612-849-8200. Sincerely, >i~ & ~ Munici;~l-Uarketing ~er . A Division of Waste Management ofMN Inc. * ,i . . . RESOLUTION NO. 2003- ESTABLISHING A MONTHLY RATE SCHEDULE FOR THE COLLECTION OF SOLID WASTE AND RECYCLING E~~ECTIVE MAY 1,2003 - DECEMBER 31, 2005 Senior Tvne of Service Accounts 30 Gallon 60 Gallon 90 Gallon, Collection/Disposal $5.57 $8.16 $10.06 $12.03 Yard Waste $1.59 $1.59 $ 1.59 $ 1.59 Recycling $2.54 $2.54 $ 2.54 $ 2.54 Appliances $ .42 $ .42 $ .42 $ .42 Billing $ .21 $ .21 $ .21 $ .21 Total Amount $10.33 $12.92 $14.82 $16.79 Multiple dwelling units containing ninety (90) or more units which are rented exclusively to persons whose head of household is sixty-two (62) years of age or older shall be charged a special rate. A separate rate is appropriate for these dwelling units in view of the accessibility of each unit, the amount of household waste they generate and the number of units in each building and the use of a compactor at the site. a. For normal "household waste" and for regular pick-up, a monthly charge of two hundred dollars ($200.00) plus applicable taxes for surcharge. This charge would be for a weekly pick-up oftwo (2), two (2) yard containers. b. For recycling services, a monthly charge oftwenty dollars ($20.00) per month plus taxes and surcharges. This charge would be for weekly pick-up of a ninety (90) gallon container. Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $5.00 per month during the period of their absence. Adopted this 15th day of April 2003. Jay L. Kimble, Mayor Diane F. Ward, City Clerk t'. ,~ - . MeJ110Iat1c urn From: Date: Mayor and City Council Klayton Eckles, City Engineer April 8, 2003 ~1f. /: To: Subject: Recommendation on Sanitary Sewer Rate Changes DISCUSSION In the last two years, the Sanitary Sewer Fund has operated at a deficit of approximately $100,000 a year. In addition, the proposed amended budget requires a shift of about $45,000 in salaries in the general fund-operating budget to the sewer fund-operating budget. Finally; the sewer system would benefit if we added about $45,000 in revenue to create a reserve to be used for enhancing the system, and correcting problems. In order to fund the ongoing operating deficit, the salary shifts, and project reserve, the City needs to consider raising sewer rates. . To provide a little background, City of Stillwater has not changed the residential minimum charges since 1989. The most recent change affecting the sewer bills was the 1994 addition of the storm sewer utility fee of$4.50 a quarter. Note however that it is not part ofthe sanitary sewer charge, it is simply collected on the quarterly sewer bills. For comparison the City of Stillwater sewer rates are above the average for the metro area. The City's rates are impacted by some of our old pipe systems that have high infiltration, especially along the river. Also some of our neighborhoods have high incidences of illegal sump pump connections to the sewer system. Addressing these issues could ultimately reduce the cost of providing sewer service. We have two parts of the sewer bill we could modify in order to raise revenues. We could increase the base rate, called the minimum charge. Currently we charge $39.00 for the first 10,000 gallons. Alternatively we could modify the overage charge, currently at $2.10 per 1,000 gallons. Under our current billing system, we are charging more per gallon for the first 10,000 gallons. An argument could be made that our overage charge should be increased to encourage conservation. Two ways to consider raising rates are to increase the base charge and overage charge together, or make up all of the additional revenue by just raising the overage charge. In order to raise $190,000 the two options are presented below: Option 1- Change the Minimum charge and the overage charge Overage Charge $44.00/quarter (old rate $39.00) $2.40 (old rate $2.10) . First minimum Charge April 1 0, 2003 Option 2- Change just the overage charge Overage Charge $2.90 (old rate $2.10) The above-suggested rateswilI generate approximately $190,000 in operating revenues, covering the $145,00 deficit, and an additional $45,000 to help fund the past operating deficits a]J.d accumulate some additional funds for future projects. Option 2 has the benefit of impacting residential users less (especially those that conserve or are on fixed income). In order to avoid an inherent slide towards deficit operating budget caused by inflationary factors, we may wish to implement an annual built in inflationary adjustment factor on the sewer rates. This is typically how many other departments operate. This avoids major increases that can be much more alarming to the typical consumer. At a minimum we should set rates by resolution and review them on a yearly basis. RECOMMENDATION In order to modify our sewer rates we must do so by ordinance. Staff recommends that the City Council hold a first reading of an ordinance on a modification to ordinance 29-1 pertaining to sewer service charges. The proposed ordinance change would modify the method by which the City sets sewer service charges so that these charges are set by resolution rather than by ordinance. We would then pass a resolution on the specific rates. ACTION REOUIRED If Council concurs with staff recommendations, Council should order the first reading for the ordinance modify chapter 29 Section 1 pertaining to sewer service charges. '~1 " . . . 2 " ..' . . . ORDINANCE NO. 936 AN ORDINANCE AMENDING CHAPTER 29, SECTION 29-1 SEWER SERVICE CHARGES The City Council of the City of Stillwater does ordain: 1. AMENDING Chapter 29, Sec. 29-1, Sewer Service Charges, Subd. 1, Subsections (1), (2), (3), (3a-3e), (4), (5), (6) and (7) are repealed and a new Chapter 29, Section 29-1 is enacted that will read as follows: "Section 29.1 Sewer service charges. To pay for the construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation and use of the sanitary sewer system ofthe City. The City Council may, from time - to time by resolution, impose just and equitable charges for the use and availability of the facilities, all pursuant to and in accordance with Minnesota Statutes ~444.075, Subd. 3." 2. SAVING. In all other ways, the City Code remains in effect. 3. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of April, 2003. CITY OF STILLWATER Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . Memo To: From: Date: Subject: Mayor and City CouncilO ~ _ Steve Russell, Community Development Director /L----- April 11, 2003 review and App.lvval of Environmental Assessment Worksheet for Notification of30 Day Review. The Territorial Prison is on the National Register of Historical Places. The Terra Springs project will effect the historic and archeological resources of the site. As EA W is required to describe the impacts and to consider possible mitigation for the impacts. The EA W process requires that the EA W is sent to review agencies and notice of review to the local paper. With this approval, the EA W will be distributed as required. Comments and responses to comments will be returned to the Council for final action with the project plans review in May. Recommendation: ApprovalofEA W for notification and distribution. Attachment: Terra Springs EA W , · Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director April 11, 2003 Final PUD Approval for Convenience Store located in the Village Commercial District at the Corner ofCR 15 and 12. Kwik Trip, applicant. (Case No. SUP/03-16) tv Background. This application is for a convenience store including a car wash in the Village Commercial District. The application has been reviewed and approved by the Heritage Preservation-Commission for design permit on march 19,2003 and Planning Commission for a special use permit on March 17,2003. . An extensive list of conditions of approval are recommended as part of design and use permit approval. The following additional conditions are recommended as a result of Joint Board reVIew: 1. Landscape plan modifications for car wash shall be reviewed and approved by the Community Development Director 2. The car wash shall be tested as meeting city noise standards before final building permit certificate of completion. 3. The fuel pumps shall have a phase one vapor recovery system. Recommendation: Action on recommendation. Attachments: Application, Joint Board, 4/2/03, Planning Commission 3/17/03, staff report and minutes. . , Memorandum . To: Stillwater Township/City Joint Board From: Steve Russell, Community.Development Director Date: Ma~ch 18, 2003 Subject: Special Use Permit for Kwik Trip Convenience Store. Case No. SUP/03-16 Background. This item is provided for Joint Board review although it does not require board approval. The use is consistent with the Village Commercial Zoning District regulations and meets the design gUidelines for the district. - Of particular note, the project provides a strong landscaped buffer between the townhouse development to the south. Additional landscaping shall be provided south of the car wash to further screen/buffer the car wash use from the residences. Also a condition of approval was added at the Planning Commission meeting to limit car wash use from 7 a.m. to 10 p.m. Other design guidelines regarding signage, lighting, landscaping as proposed in the concept PUD guidelines are met by this project. . Recommendation: Review and comment. Attachments: Staff report and minutes of CPC meeting of 3/17/03. . " . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUP/03-16 Planning Commission Date: March 17, 2003 Project Location: Corner of CR 15 and 12 - Liberty Village Comprehe.n.sive Plan District: Village Commercial Zoning District: V-C Applicants Name: Scott Teigen representing Kwik Trip, Incorporated Type of Application: Special Use Permit Project Description: A special use permit (final PUD approval) for a convenience, commerciSlI gas station and car wash. Discussion: The applicant is requesting a special use permit for a 4,428 square foot Kwik Trip store, fuel pumps with canopy and a 1592 +/- square foot car wash located on the corner of Manning Avenue and Settlers Way in Liberty Village. The use is a permitted in the Village Commercial Zoning District. .. There is a design gUideline booklet in your packet that all the developers and architects are required to follow for this Planned Unit Development. This insures consistency of materials and design in the character of the neighborhood. The committees that have been involved in the design reviewing process of the project, including Liberty's Design Committee and the Heritage Preservation Commission (February 3, 2003), have approved the applicant's project. The plans submitted include a site plan, a landscape plan and elevation drawings. The proposal attempts to keep within the New England style of Liberty Village. The color theme of the buildings are "Crockery Cream" siding, gables and dormers will be "Muslin White", Fascia accent "Colonial Red" with white trim. The single bay carwash was designed to resemble a covered. bridge. .The fuel canopy will have dark shingles on the roof. Lighting for the pumps will be recessed into the ceiling of the canopy. The landscape plan is consistent with the landscaping in Liberty Village. All mechanical equipment, trash receptacles will be screened from view of nearby streets and adjacent structures. There was no lighting plan submitted. The light fixtures on the building and the lights above the signs are "goose neck" colonial fixtures. Signage will be discussed at the meeting. The architect will bring color samples. The signage will meet the zoning regulations for that zoning district. Recommendation: Approval with conditions " Conditions of Approval: . 1. All utilities shall be completely sCreened from public view. . 2. A lighting plan showing the fixture type, height, location and exterior lighting intensity shall be submitted with building permit plans for Planning Director approval. All lighting shall be directed away from the street and adjacent.. properties. Light sources shall be shielded from direct view and protected form damage by vehicles. 3. Alllanqs~aping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. 4. Continuous concrete curbing shall be installed to separate parking areas from landscape areas. 5. Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project. 6. The street address of the building shall be displayed in a location conspicuous from .the public street. 7. The trash enclosure shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project. 8. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. . 9. Construction projects shatl conform to the City's Noise ordinance. Construction . during the dry season shall mitigate excess dust problems. 10. A sign permit shall be required for all project signs. 11. Grading and drainage plan to be approved by City Engineer before building permits are issued. 12. Sign package to be approved by the Heritage Preservation Commission, including directional signs. 13. Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission. 14. All security lights on building shall be down lit. 15. All exterior modifications to the approved plan are to be reviewed by Community Development Director. 16. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. 17. Lighting for the fuel pumps shall be recessed in the ceiling of the canopy. 18. The car wash may be open between the hours of 7 a.m. to 10 p.m. maxium. Findings: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of . the zoning ordinance. Attachments: Application form, site plan and elevation Drawings . CPC Action on 3/17/03: +7-1 approval. /' 'PLANNING ADMINISTRATION APPLICATION FORM Case No: 6Vf~ Date Filed: iJ>i( Fee Paid: ~ Receipt No.: . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER . 216 NORTH FOURTti STREET STilLWATER, MN 55082 ACTION REQUESTED FEES -x-SpeciallConditional Use Permit $5o@ Variance $70/201 Resubdivision . $100 Subdivision* $100+E Comprehensive Plan Amendment* $500 Zoning Amendment* $300 Planning Unit Development * $500 Certificate of Compliance $ 70 *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting mate, submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting .material is required. /f application is submitted to the City Council, twelve (12) copies supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will d application process. PROPERTY IDENTIFICATION . Libery Village Address of Project SettlersWav & Mannine Avenue Village Zoning District ('Qrnttlo ~(" of <>, Description of Project Touchless Car Wash and 10 fueling dispensers Narrative.) Outlot G Assessor's Parcel No. Liberty on the Lal (GEO Code) Kwik Trip (Countrv Store Conceot) Store w: all done in New England theme. (See attacl . "/ hereby state the foregoing statements and all data, information and evidence submitted herewit respects, to the best of my knowledge and belief, to be true and correct. / further certify I will com, the permit if it is granted and used. II F- 11.6" ~ 15 -7 ~ ~ Contractor Property Scott J. Teigen, CFO . Property Owner Develooers Comoanv Representative Convenience Store Invest! Suite 108 Suite 280 Mailing Address-Zl.oo Northland Circle Mailing Address 700 Wolske Bay Road City - State - Zip Minneapolis,. MN 55428.. City _ State ~ Zip Menomonie, WI 54751 Attn: Mike Waldo Telephone No. 763-971-0477 Telephone No. 715-235-6626 Signature Signature ~Q;.,/ -e:;;q 0 (Signature is required) , (Signature ~ requlrt1 SITE AND PROJECT DESCRIPTION Lot Size (dimensions) 240 x 290 (irregular) Total Building floor area 6,020 square f Land Area Aooroximatelv 70.000 sa. ft._ Existing -0- square feet Height of BUildings: Stories Feet Proposed 6,020 square feet Principal 2 36 Paved Impervious Area'34,lOO square feet Accessory 1 26 No. of off-street parking spaces. 29 H:\mcnamara\sheila\PlANAPP.FRM April 12, 2002 CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 . 1. A detailed PUD framework landscape plan shall be prepared for approval ~nd installation as a part of the !?ubdivision. 2. The right of ways along CR '15 and 12 shall be dedicated to the City. 3. County Road 15 trail improvements shall be installed as part of the subdivision. 4. Perperidicular on street parking shall be provided for the retail sites 2 and 3 but no the residential site 5. Motion passed unanimously. .'. Case No. SUP/03-16. A special use permit (final PUD approval) for a convenience, commercial gas station and car wash, 4,428 square feet and 1,665 square feet, respectively, located at the corner of CR 15 and 12 in the VC, Village Commercial Zoning District. Contractor Properties, owner, Scott Teigen, Convenience Store~, applican.t. . Mr. Teigen requested a special use permit for a 4,428 square foot Kwik Trip store, fuel pumps with canopy and a 1,592 +/- square foot car wash. The plans submitted include a site plan, a landscape plan and elevation drawing. The proposal attempts to keep within the New England style of Liberty Village. The color themes of the buildings are "Crockery Cream" siding, gables and dormers. will be "Muslin White",. fascia accent "Colonial red" with white trim. The single bay carwash was designed to resemble a covered bridge. The fuel canopy will have dark shingles on the roof. Lighting for the pump will be recessed into the ceiling of the canopy. The landscape plan is consistent with the landscaping of Liberty Village. All mechanical equipment, trash receptacles will be screened from view of ne~rby streets and adjacent structures. There was no lighting plan submitted. The light fixtures on the buildings and the lights above the signs are "goose neck" colonial fixtures. There was some concern amongst the Commission with the hours of operation of the store and car wash.. . Commissioner Peroceschi did not see a problem with the gas station being open 24 hours a day, 7 days a week. Chairperson Hultman recommended that the gas station close at 11 :00 pm and then be pay at the pump during the night. Commissioner Ranum also thought the gas station should close at 11 :00 pm. . 3 . CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 Mr. Teigen informed that.Commission that if the hours of operation are restricted they may not do the project. . Council Representative Junker and Commissioner Middleton were concerned about: the noise from the ca( .wash blower. Mark Puttnum informed the Commissioner that proper landscaping would limit the amount of noise. Mark, 135 Rutherford, inquired about the number of carwash bays, hours of operation and the type of lighting on the canopy. ,;. . Motion made by Commissioner Ranum, seconded by Commissioner Gag to approve the special use permit (final PUD approval) for a convenience, commercial gas station and car wash, 4,428 square feet and 1,665 square feet, respectively, located at tne corner Qf CR 15 and 12 with the gas stations hours of operation from 6 am to 12 am in addition to the following conditions: 1. All utilities shall be completely screened from public view. 2. A lighting plan showing fixture type, height, location and exterior lighting intensity shall be submitted with building permit plans for Planning Director approvaL All lighting shall be directed away from the street and adjacent properties.. Light sources shall be shield from direct view and protected from damage by vehicles. 3. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. 4. Continuos concrete curbing shall be installed to separate parking areas form landscaped areas. 5. Handicapped parking paces and signage, in compliance with State requirements, shall be shown on building permit plans and stalled before final inspection of the project. 6. The street address of the building shall be displayed in a location conspicuous from the public street. 7. The trash enclosures shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color arid materials of the project. 8. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. 9. Construction projects shall conform to the City's Noise ord!nance.Construction during the dry season shall mitigate excess dust problems. 10. A sign permit shall be required for all project signs. 11. Grading and drainage plan to be approved by City Engineer before building permits are issued. . 4 CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 . 12. Sign package to be approved by the Heritage Preservation Commission, excluding directional signs. ; 13. Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission. 14. All security lights on the building shall be downlit. 15. All exterior modifications to the approved plan are to be reviewed by the Community Development Director. 16. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. ... 17. Lighting for fuel pumps shall be recessed in the ceiling of the canopy. 18. The hours of operation for the car wash shall be 7:00 am to 10 pm. Motion failed. 1 fore, 7 against. Motion made by Commissioner Middleton, seconded by Council Representative Junker to approve the special use permit (final PUD approval) for a convenience, commercial gas station and car wash, 4,428 square feet and 1,665 square feet, respectively, located at the corner of CR 15 and 12 with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. . All utilities shall be completely screened from public view. . A lighting plan. showing fixture type, height, location and exterior lighting intensity shall be submitted with building permit plans for Planning Director approval. All lighting shall be directed away from the street and adjacent properties. Light sources shall be shield from direct view and protected from damage by vehicles. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. Continuos concrete curbing shall be installed to separate parking areas form landscaped areas. Handicapped parking paces and signage, in compliance with State requirements, shall be shown on building permit plans and stalled before final inspection of the project. . . . The street address of the building shall be displayed in a location conspicuous from the public street. The trash enclosures shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. Construction projects shall conform to the City's Noise orPinance.. Construction during the dry season shall mitigate excess dust problems. 5 . CITY OF STillWATER PLANNING COMMISSION MARCH 17, 2003 10. A sign permit shall be required for all project signs. 11. Grading and drainage plan to be approved by City Engineer before building.. permits are issued.. .. .. 12. Sign package to be approved by the Heritage Preservation Commission, excluding directional signs. 13. Exterior lighting plan to be reviewed and approved by the Heritage . Preservation Commission. 14. All security lights on the building shall be downlit. 15. All exterior modifications to the approved plan are to be reviewed by the Community Development Director. 16. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. 17. Lighting for fuel pumps shall be recessed in the ceiling of the canopy. 18. _ The hours of operation for the car wash shall be 7:00 am to 10 pm. . Motion passed. 7 fore, 1 against. Case No. SUPJ03-17. A special use permit (final PUD approval) for a 4,805 square foot bank with drive through located in the VC,. Village Commercial Zoning District at the corner of CR 15 and 12. First State Bank, owner, Kanman Companies, applicant. . . The applicant requested a special use permit for a proposed 4,8000 square foot bank with a drive throu~h located in Liberty Village on the southeast corner of Manning Avenue and 75 Avenue. The materials are mainly brick and cedar shingles. There will be 24 parking spaces including one handicap parking space. The mechanical equipment and trash will be screened from view of nearby streets and adjacent structures. The landscape plan is by Westwood Management. The lighting on the site maintains the character of the building by using a decorative fixture with a "new England" style. The fixtufe will be 15 feet high. . Two signs are proposed, a monument sign and a freestanding sign. The 5-foot monument sign is culture stone and will be lit with ground lights. The freestanding sign is also 5 feet high. This is a wooden sign and will not be lit. The hours of operations will be 7 am to 6 pm during the week and 8 am to 12 pm on Saturdays. . 6 ... , · Memo To: From: Date: Subject: Mayor and City Council f'-/' Steve Russell, Community Development Director April 11 , 2003 Final PUD Approval (Special Use Permit) for Bank in Liberty Village at the Corner of CR 15 and 12 in the Village Commercial District. First State Bank and Trust (Case No. SUP/03-I7). This application is for develvpment of one ofthe eight commercial sites in the Liberty Village PUD. . The proposed design and use was reviewed and approved by the city's Heritage Preservation Commission (design permit) on March 19,2003 and a public hearing before the Planning Commission on March 17,2003, special use permit. The Joint Board reviewed the request at their meeting of 4/2/03. An extensive list of conditions of approval as it primarily relates to the building and site design is attached. Recommendation: Decision on fmal PUD for the proposed bank use and development design. Attachments: Application, planning commission staffreport and minutes of March 17,2003 and Joint Board 4/2/03. . U~'~~'U3 U5:21 FAX 952 937 5nq2 , al/07/20a3 12:15 436881. WESTWOOD PROF. SERVICES CITY OF STILU' .~~ I{b 002 PAGE El2 " Case No: ~5tlP/ 03..: ~ate Flied: ,~>:r~ Fee Paid: ~ Receipt No.: _ ACTION REQUESTED FEES j(Speclal/Conditional Use Permit $50600) --:. Variance ' $70J2m( Resubdivision ' $100 Subdivision" $100+501l0t -Comprehensive Plan Amendment- $500 Zoning Amendment. $300 _Planning Unit Development 11 $500 ~Certlficate of Compliance $ 70 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMeNT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STiLLWATER, MN S'S082 .An escrow fe91s also ffiJqulred to offset the costs 01 attorney and engineering fees. The applicant Is responsible for the completeness and accuracy of a/1 forms and supporting material submitted In connection with any application. All supporting material (I e., photos, sketches, etc.) submitted with apPllcatJori becomes the properly of the CIty of StillWater. Sixteen (16) copies of supporting material Is required. If application is submitted to the City Council, twelve (12) copIes 01 supporting material is required. A site plan ;s required with applications. Any Incomplete application or supporting material will delay I application process. . PROPf]RTY IDENTIFICATION Address of Project I-I~ "( lilt I Afc" .1.' ~ Ol'l ~ ~o~a Parcel NO. CU1" lOT G . . V\~ . (GEO Code) Zoning Distrl~Ct>MM~~ DescrIption of Project ~~ r-AC..Il.Xl'( ft:>wt. f\~T ~-n()~ ~'l ~~T\ L..'~V\~6 "' hereby state the foregoing stataments and a/l data, information and evIdence submitted herewith in .a respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply w the permit If It Is granted and used. " . . . LQl SIze (dlmenslons~~')( 2:Z"!;1 Land Area ~~.2':5'~ Haight of BUildings: Stories Principal ot-le; Accessory ~A- Property Owner_ FI ~ ~ ~'(;M-lDT~-r Representative 'J.N.J~ CcM~A"-l\6S Mailing Address CJ50 N. -H\N'( CJ 5 Mailing Address b~ WI N.~~ -kvta ~ f Clty-State-Zlp ~~~ M1--l 5~o City.Stab~-~;p~Ol..taJ V~ ~M 06+ Talephone No. $1. 4~. 5 \qs , TelaPhone~"M. 54-1. "15.52- Signature ~ .IIitS/i:I(!#;- s/gnatu";e/ I a Is requIre I' (Signature Is requIred) I' K"!.ll...LO ~ SITE AND PROJECT DESCRIPTION Total aUlldlng floor area 4,005 square feet Existing WI A square feet . Proposed 4.~05 square feet Paved Impervious Area .'11 it<l...1 2."1J 742- No. of off-street parking spaces 2.4 Feet 2$0'-:;2.11 ~ H:\mcnllmlltil\shella\PlANAPp,FRM Aprtl 12, 2002 ,=- .It.:s -5'1 \ q~ 7 . CITY OF STILLWATER PLANNING COMMISSION MARCH 17,2003 10. 11. 12. 13. 14. 15. 16. 17. 18. A sign permit shall be required for all project signs. Grading and drainage plan to be approved by City Engineer before building permits are issued. . Sign package to be approved by the Heritage Preservation Commission, excluding directional signs. Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission. All security lights on the building shall be down lit. All exterior modifications to the approved plan are to be reviewed by the Community Development Director. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. Lighting for fuel pumps shall be recessed in the ceiling of the canopy. The hours of operation for the car wash shall be 7:00 am to 10 pm. Motion passed. 7 fore, 1 against. Case No. SUP/03-17. A special use permit (final PUD approval) for a 4,805 square foot bank with drive through located in the VC, Village Commercial Zoning District at the corner of CR 15 and 12. First State Bank, owner, Kanman Companies, applicant. . . The applicant requested a special use permit for a proposed 4,8000 square foot bank with a drive throu~h located in Liberty Village on the southeast corner of Manning Avenue and 75 Avenue. The materials are mainly brick and cedar shingles. There will be 24 parking spaces including one handicap parking space. The mechanical equipment and trash will be screened from view of nearby streets and adjacent structures. The landscape plan is by Westwood Management. The lighting on the site maintains the character of the building by using a decorative fixture with a "new England" style. The fixture will be 15 feet high. Two signs are proposed, a monument sign and a freestanding sign. The 5-foot monument sign is culture stone and will be lit with ground lights. The freestanding sign is also 5 feet high. This is a wooden sign and will not be lit. The hours of operations will be 7 am to 6 pm during the week and 8 am to 12 pm on Saturdays. 6 CITY OF STILLWATER PLANNING COMMISSION MARCH 17, 2003 . Motion made by Commissioner Turnquist, seconded by Commissioner Middleton to approve the special use permit (final PUDapproval) for a 4,805 square foot bank with drive through located in the VC, Village Commercial Zoning District at the corner of CR 15 and 12 with the following conditions: 1. All utilities shall be completely screened from public view. 2. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. ." 3. Continuos concrete curbing shall be installed to separate parking areas form landscaped areas. 4. Handicapped parking paces and signage, in compliance with State requirements, shall be shown on building permit plans and stalled before final inspection of the project. 5. The street address of the building shall be displayed in a location conspicuous from the public street. 6. The trash enclosures shall be made of a sufficient or opaque material, with trash receptacles screened from view and compatible with the color and materials of. the project. 7. All trees required to remain on site, as indicated in the plans, shall be protected . by fencing or other necessary measures shall be taken to prevent damage during construction activity. 8. No roof equipment shall be visible to the general public. 9. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. 10. Construction projects shall conform to the City's Noise ordinance. Construction during the dry season shall mitigate excess dust problems. 11. A sign permit shall be required for all project signs 12. Grading and drainage plan to be approved by City Engineer before building permits are issued. 13. Sign package to be approved by the Heritage Preservation Commission, including directional signs. ,14. Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission. 15. All security lights on the building shall be downlit. 16. All exterior modifications to the approved plan are to be reviewed by the Community Development Director. 17. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. 18. Canopy lights shall be recessed. 19. Additional window shall be added to extend the wall. . 7 . . . CITY OF STillWATER PLANNING COMMISSION MARCH 17, 2003 Motion passed unanimously. Case No. SUP/03-20. A special' use permit for a clinical therapy home business located at 620 West Oak Street in the RB, Two Family Residential District. Kay Flesner, applicant. Ms. Flesner requested a special use permit to operate a clinical therapy business out of her home. Ms. Flesner would be seeing people with a mental health diagnosis, martial problems, parenting and life adjustment ."issues: for assessment, diagnosis and treatment. The clientele will be primarily be adults, with an occasional child with their parents as well as adolescents. Most often the applicant see on person at a time or couples. The sessions are 50 minutes long. The hours will be limited to no more than 20 per week. There are two off street, par~ing places. The clinics hours will be Monday through Thursday from 10 am to 8 pm. Motion made by Commissioner Middleton, seconded by Commissioner Peroceschi to approve the special use permit for a clinical therapy home business locate at 620 West Oak Street with the following conditions: 1. No outside storage. or display of products equipment or merchandise is permitted. 2. Any retail sales must be accessory or incidental to the primary residential use. 3. Customer must be scheduled by appointment. 4. Off street parking must be provided for customers. 5. No signs are permitted. 6. Not more than 20% of the total gross floor area of the dwelling unit may be used for the Home Occupation or 400 square feet, whichever is less. 7. Business hours are limited to the period of 7:00 am to 8:00 pm. 8. . No nonresident employees are permitted. 9. No traffic that is greater then the normal residential area within the neighborhood. 10. Type II Home Occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Zoning Administrator the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this Special Use Permit or in the alternative, the Type II Home Occupation permit may be revoked. Motion passed unanimously. Case No. V/03-22. A variance to the side yard setback (5 feet required, 2 feet requested) for the construction of a two stall attached garage at 501 West CITY OF 8 January 20, 2003 . Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Sir or Madam: First State Bank and Trust is requesting a Conditional Use Permit to develop a new facility in Liberty Village. Liberty Village consists of approximately 7 acres, in the northwest comer of Liberty on the Lake, Stillwater 1'finnesota. The area consists of mosdy residential property, with a proposed area for commerciat development. The site property is located on the southeast comer of Manning and 75th Avenue and is currendy zoned as Neighborhood Commercial. The proposed building will be approximately 4,800 SF used for banking services. This facility will also include a drive-through service and 24 parking spaces including one handicap parking space. The front (east elevation) of the building will allow pedestrian activity while the other side of the building will accommodate motorists. The materials used for the building will be mainly brick and cedar shingles. The exterior mechanical equipment and trash will be screened from ~ew of nearby streets and adjacent . Structures. The sign located on the site will be compatible with the building, yet clearly visible from the adjacent streets. The lighting on the site maintains the character of the building by using a decorative fixture with a "New England" style. The east fas:ade will be the focal point as you drive west on Liberty Parkway as well as from the gazebo in Liberty . Square. The building aesthetics fall within the characteristics of the Liberty Village neighborhood. . First State Bank and Trust will enhance the neighborhood by adding a thriving business to the community. The location will provide convenience to the Liberty Village residences as . well as commuters.. The goal of First State Bank and Trust is "to continue toprovide the financial management services you need for a secure future. Each individual account holder is of importance to First State Bank and Trust, and every effort is made or proVide a program of services that will meet a wide variety of needs. First State Bank is proud to be a part of the Sf. Croix Va/~, serving generations of area residents. " The addition of First State Bank and Trust will be. a positive addition to the Liberty Village neighborhood providing a service to the. community. Sincerely, CnrtJ f.r ddYt Angela Knodel Architectural Designer . ARCHITECTS CONTRACTORS MANAGERS 669 Winnetka Avenue North... Suite 210 ... Minneapolis, Minnesota 55427 ... 763-541-9552... Fax 763-541-9857 www.vanmancompanies.com . . . " '- I i I -..-. .....- "'.... ..-" . =:~.~:' w" 'I "OM "-- - ',-. ..-. I - ........ I. fl4 . .. _ e i ...- 4' i!. I I I I 2 - I I I f i i ... !z ... a: c: i ..... ~i .. I ~ . a: ~ ! C a. i ~ a: 2. ~ ~ W a j I !;;: . i ~'l I j:: : en u. ...- ~ lJ . i . I . . I I f j i . h. x en ~ a: w ... ~ ... -' j: -' [15 !;; z Location Map I!! ! --.L ~ ( I I ... ? ,.." III. I-- ... - - ~""."_"ZII ."....- 751ll STReeT _TN es"'~ ... '~ ... - .~ -1: nlN ~ ~m~ . ~ lU1W RJQw Vicinity Map L '-4)-. . '- .." '~r . o 314 Scale In Feel ,,-- -.....~":r=..:..._~ =-~-=~= ~-t..____ .....,...oea - =-"..... ..... ................:.=a.JlIDI ::-~......,J1._ Memorandum To: Stillwater Township/City Joint Board From: Steve Russell, Community Development Director Date: March 18, 2003 Subject: Special Use Permit for Bank in Liberty Village Commercial. Case No. SUP/03- 17. Background. This item is provided for Joint Board review although it does not require board approval. The use is consistent with the Village Commercial Zoning District regulations and meets the design standards of the Village Commercial District. . The proposed bank design and use was reviewed by the Planning Commission on March 17,2003 and Design Review Committee on March 19,3002 and recommended for approval with conditions. Recommendation: Review and comment. Attachments: Application, Planning Commission staff report and minutes of CPC meeting of 3/17/03. Joint Board Reviewed plans 4/2/03. . . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUP/03-17 Planning Commission Date: March 17,2003 Project Location: Corner of CR 15 and 12 - Liberty Village Comprehen.sive Plan District: Village Commercial Zoning District: V-C Applicants Name: Kanman Companies representing First State Bank Type of Application: Special Use Permit Project Description: A Special Use Permit (final PUD approval) for a 4,805 square foot bank with drive through. . Discussion: The applicant is requesting Special Use Permit for a proposed 4,800 square foot bank with a drive through service located in Liberty Village on the southeast corner of Manning Avenue and 75th Avenue. The use is a permitted use in the Village Commercial Zoning District. There is a design guideline book included in your packet that all the developers and architects were required to follow. This insures consistency of materials and design in the character of the neighborhood. The committees that have been involved in the design reviewing process of the project, including Liberty's Design Committee and the Heritage Preservation Commission (February 3, 2003), have approved the applicant's project. Plans submitted include a site plan, elevation plans showing materials. The materials are mainly brick and cedar shingles. There will be 24 parking spaces including one handicap parking space. Zoning requires one space per 200 square feet of floor area, which would be 24 spaces. The mechanical equipment and trash will be screened from view of nearby streets and adjacent structures. The landscape plan is by Westwood Management. They will plan the entire commercial development. The lighting on the site maintains the character of the building by using a decorative fixture with a "New England" style. The fixture will be 15 feet high. Two signs are proposed, a monument sign and a freestanding sign. The 5 foot high monument sign is cultured stone and will be lit with ground lights. The freestanding sign is also 5 feet high. This is a wooden sign and will not be lit. . Recommendation: Approval with conditions Conditions of Approval: 1. All utilities shall be completely screened from public view. 2. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. 3. Continuous concrete curbing shall be installed to separate parking areas from landscape areas. 4. Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project. 5. The street address of the building shall be displayed in a location conspicuous from the public street. 6. The trash enclosure shall be made of a sturdy opaque masonry or wooden material, with trash receptacles screened from view and compatible with the color and materials of the project. 7. All trees required to remain on site, as indicated on the plans, shall be protected by fencing or other necessary measures shall be taken to prevent damage during construction activity. 8. No roof equipment shall be visible to the general public. 9. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. 10. Construction projects shall conform to the City's Noise ordinance. Construction during the dry season shall mitigate excess dust problems. 11. A sign permit shall be required for all project signs. 12. Grading and drainage plan to be approved by City Engineer before building permits are issued. 13. Sign package to be approved by the Heritage Preservation Commission, including directional signs. 14. Exterior lighting plan to be reviewed and approved by the Heritage Preservation Commission. 15. All security lights on building shall be down lit. 16. All exterior modifications to the approved plan are to be reviewed by Community Development Director. 17. All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. . 18. Canopy lights shall be recessed. 19. Additional window on the west side. Findings: The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance. Attachments: Application form, site plan and elevation drawings HPC Action - 2/3/03 +5-0 approval CPC Action - 3/17/03 +8-0 approval . . . . . . FYI [).e. ti- \~ Mr. y v "'l. 0')- 4- 0011PJ.,C/ j: us- ::L a- M1 iV t9 -r (,Van de.... rt- a. 16- h -< ~ A a. h Y CI':;-' a.- r e. Un h ((. P I:>Y no....-. . ~ Ci1-j ot Ih,oS SI7-e doeS IYerj- h fA V e ~ r1 () Vt ~ Th-e..a +e l-- - Un ve4' I j ~f us Wh6 Joye !0ol/,"es <If d \ fa..- \- h ()., ve- ffo J110 f/t ~ v' ye /fI1, (L rt 1 db NoT I h e. a +e. y I VI J~+ bLt-51 <f. Jl'n I dt r e.. CL ~ L a... b Ie. I eJ J;;l e.. -< -rh~ y~rre1- ?(e,tI.S'e , J lYe t..{.5 tL 71te a.Tev-. , . o 1- I hiS -To ;~ . o 1 2- e des -e .. re 5 . j-v j-l.-t. ~ Ifo y, eS .. Y I J h tIn 0 t{ v- a.. yea. -- 7ft a.. H k: 'to t{ ~ . \ $ ~_h ( ~ It' S I h , fi,+, ((wct..-te ."'*<-- .. f' I . MEMORANDUM To: Steve Russell and Sue Fitzgerald Cc: City Council From: .~ Klayton Eckles ~ Date: April 8, 2003 Subject: Planning Commission Approval of Variances along Right-of-Ways and Easements . There seems to be a growing number of requests for variances from setback regulations. Public Works and Engineering are becoming concerned that the significant number of setbacks are beginning to compromise our ability to maintain and operate our infrastructure and avoid problems with drainage. To illustrate an example of this issue please review the attached drawing. It shows a property located at 838 Willard Street. This property owner came to the City and requested a variance from the front yard setback to construct a new porch on front ofthe house with a zero foot setback. At the time, the Engineering Department recommended that the Planning Commission deny this request. As shown on the attached drawing the City is currently designing a street reconstruction project on Willard Street. The project includes a new sidewalk on the north side of Willard Street. In order to provide for safety of pedestrians, snow storage and adequate space for boulevard trees, sidewalks are placed as far as from the curb line as possible. Given the location of the recently constructed porch, the sidewalk comes within 6" ofthe front of the house. There are a number of obvious reasons that a sidewalk immediately abutting a residential home is not desirable. Therefore, it will be necessary to provide a jog in the sidewalk around the front ofthe house. Even with this however, the sidewalk is in exl~~Hlely close proximity to the house. As future variance requests come in the Public Works and Engineering Department requests the Planning Commission work to assist us in preserving the public right-of-way and easements of the City, so that we may build an infrastructure that is safe, efficient and aesthetically attractive to our residents. . P~~lN(< AfPr<..::Ne-D VA.,(l..,IAl-JJ,.;.z- oi"::' St:r~c..iL -r o7.,.~ 1<.:0 fi::YY .. _'h_ ...--:--, , ./ -""*- i I ""' . " 838 ~ '. "'" "- ""'.. "- "- ~ " "'"'''-''"' .~ "" "'" ' I ~,~_____ , 4i ~4 "IJ' ~4 . ," )t' ., . Pi?.:::,pdS~D ( 510 EWAt-K. \ \ - \ ),.- m~k- ,:--~' ", ,4' , Y . "4' . '. .;. '0 i 5+00-- --L~_, _.___ >==- --- .- 0 ---.-" ~LNI.O ~ ) w W-, Ch ~ ~~_u >( 'J II ' . i \ A ! !"'~ 11' ~ '",- " " "- f"-. "'- '~ ~ "'- 903 en ~ I lLJ : lLJ o I (J) ,~ ,~, i ~ 0' ~-~~ I aa o ,'~ ~ ,,1'~ " I I ! BfT ! ,. I') \ ~ l~- --, I r "1'- r 0 ~- , 41" ,I ' " .. 'k1,r~~. ..' [:*:J I I .,. . . / ' , 6."" .: ~ . . A.4 b+UU -- - - /1 "-4- ! ,,/ -/" ,"" '. ~ *1~ . ~EMO To: From: Subject: Date: Joint Board Steve Russell, Community Development Director (L/ Expansion Area Building Permit Update for 2002 March 24, 2003 For calendar year 2001 building permits for 228 housing units were issued. The table below shows total expansion area building permit activity for the 1996-2002 period. The orderly annexation agreement allows building permits for 120 housing units per year or 840. Year Permits Issues Permits Allowed 1996 o housing units 120 housing units 1997 o housing units 120 housing units 1998 _ 13 housing units 120 housing units 1999 104 housing units 120 housing units 2000 201 housing units 120 housing units 2001 228 housing units 120 housing units 2002 172 housing units 120 housing units . Total 718 housing units 840 housing units For 2003,242 permits are available for issuance, 122 carryover and 120 for the 2003 allocation.. Recommendation: Receipt of annual building permit report. Attachments: Orderly Annexation Section 4.01 . . ., , . . I, .. . , . " . , . .' SECTION FOUR TIMlNG 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 ~e 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 co~encing 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 €ity 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 IT property may be annexed by the City fuing a Resolution with the M~esota Municipa,~ Board any time after January 1, 1999. 4.04 Phase ill 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 IT property prior.to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation. e. 4.07 The City may annex Phase ill property prior to January 1,2002 provided that: a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units pe:r year limitation; and b) that seventy-five percent (75%) of th~ net developable area of Phase I property annexed to the City bas 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 discreti()n. This Agreement does not confer. any rights upon any individual .. .property owner to require the City to .annex his or ber property. : . . . 4 4.09 As an exception to the Phasing Schedule, the City may annex property not descnOed in Phases I, n or ill 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. . 35667.0 IF OSn.3/96 -4- . . . rY:r- ia.l'ry II DEAN G. SATHER 13790 Greenwood Trl N Stillwater, MN 55082 April 2, 2003 Stillwater Fire Department Chief Kim A. Kallestad 216 N 4th St Stillwater, MN 55082 Chief Kallestad: Several weeks ago I contacted you concerning the possibility of your department burning a house I own for training purposes. Shortly after our conversation I was put in contact with Assistant Chief Tom Crotty and the possibility moved forward toward fruition. On March 29, 2003 Asst. Chief Crotty and his crew burned the house and I wish to commend them for a job well done. Throughout the entire process, Asst Chief Crotty was professional and very explicit with the necessary requirements in order to burn the house. On the day of the burn, Tom and his fellow firefighters were extremely organized and all displayed an exemplary amount of skill and professionalism. I was very impressed with the smoothness of the entire operation. Please accept this donation to Stillwater Friends of Fire and extend my appreciation to Assistant Chief Tom Crotty and the rest of the firefighters who participated. Sincerely, ~~ Dean G Sather rrJ - LClrry (f- WASHINGTON COUNTY OFFICE OF THE SHERIFF LAW ENFORCEMENT CENTER 15015 62ND STREET NORTH. P.O. BOX 3801 . STILLWATER, MINNESOTA 55082-3801 (651) 430-7600 Facsimile Machine: (651) 430-7603 efJ.m~H-t to. &~ JAMES J. FRANK SHERIFF March 28, 2003 STEVEN F. POTT CHIEF DEPUTY Chief Kim Kallestad Stillwater Fire Department 216 North Fourth Street Stillwater, Minnesota 55082 Dear Chief Kallestad: On March 27th 2003 at approximately 1807 hours, a traffic accident occurred on County Road 12 near the intersection of Kimbro A venue North in the City of Grant. The accident was a 2-vehicle crash resulting in the driver of one of the vehicles being killed on impact and the 2 occupants of the second vehicle being injured and transported to St. Paul Regions Hospital. There was a snowstorm at the time and the roads were slushy and slippery with heavy, wet snow. Under these circumstances your firefighters worked in a highly professional and efficient manner. They provided excellent accident scene protection and management, from traffic direction through extrication. . I have had other occasions to work with you and your crews at other fatalities and I have noticed a consistent attitude of professionalism and cooperation. I want to thank you and your firefighters for your dedication, hard work and cooperative spirit. Sincerely, y/u:d-m-;~ Scott Malinosky Administrative Sergeant cc Commander Tim Tuthill . Printed on Recycled Paper we 1130 EQUAL EMPLOYMENT OPPORTUNITY 1 AFFIRMATIVE ACTION (1),,- ,.+ ~o\ 30% Post Consumer WaSle \.. ....1 0'-0 . . . STILLWATER PUBLIC LIBRARY 223 N. Fourth St., Stillwater MN 55082~48o6 (651) 439~1675 FAX (651) 439~0012 Board of Trustees Meeting Agenda Tuesday, April 8, 2003, 7 P.M. 1. Call to Order 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report* D. Other Activity Reports* E. Web Site Usage Report F. Director and Other Staff Reports+ G. Financial Report + H. Policy Review- No policy this month A+ I A 5. Current Legislative Proposals 1+ 6. 2003 Budget Adjustment A+ 7. City Council Workshop Session Tuesday, May 6, 4:30 P.M. I 8. WCL Fines and Fees Committee I 9. Fundraising Campaign A. Event Plans B. Report of Other Progress to Date I I 10. Building Expansion A. Building Program Progress B. Architect Contract Negotiations C. Additional Library Tours D. Board Design Work Group I A+ D A 11. Committee Reports 12. Other 13. Adjournment I If you are unable to attend this meeting, please call Ann (ext. 17) before 5 P.M. on Monday, April 7, 2003. A=Action Item I=Information Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed Agenda Item 4. a. STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILL WATER, MN 55082-4806 651439-1675 FAX 651 439-0012 . Board of Trustees Meeting Minutes Tuesday, March 11,2003 Present: Bill Hickey, Bill Fredell, Rick Hodsdon Dick Huelsmann, Victor Myers, Brian Simonet, Andrea Tipple Absent: Jessica Pack, ML Rice Staff Present: Lynne Bertalmio, Carolyn Blocher 1. Call to Order President Hickey called the meeting to order at 7:10 p.m. 2. Adoption of the Agenda The agenda was adopted without change with a motion by Fredell and a second by Huelsmann. 3. Communications and Public Commentary One comment about baby changing stations. 4. Consent Calendar The Consent Calendar was adopted including payment of bills totaling $17,679.80. Motion by Myers and a second by Huelsmann. 5. Personnel Evaluation of the Director Closed session of Board members only- reviewed . by members present. 6. MLA Legislative Day Report a. Report by Bertalmio - gave information packet to Senator Bachman and Representative Otto's staff - plan to meet with Otto later. . b. Bertalmio and Myers met with Senator LeClair and Representative Lipman. 7. 2003 Budget Adjustmant a. A motion was made by Huelsmann and seconded by Myers to adjust the budget as attached. This motion was adopted. b. A motion was made to freeze wages as of February 1, 2003, for non-union staff. Moved by Huelsmann, seconded by Fredell. This motion was adopted. 8. Budget Workshop with City Council Aprill, 2003, 4:30 p.m. A budget workshop will be held with the City Council solely to discuss budget issues designed to show the Council the impact of budget cuts and how each department will implement cuts due to reduced state aid. Board members are encouraged to attend. 9. Fund Raising Campaign A report was given by Huelsmann. a. Naming opportunities - was moved by Huelsmann and seconded by Tipple. It was adopted with a change to make some furnishing packages available in $5,000 increments. b. Other progress to date - Applications are being sent to several foundations, which is the focus so far rather than individual donors. . . . . Minutes March, 11, 2003 Page 2 10. Building Project Report a. The program is in the final draft and is being reviewed by staff and the president. b. Architect Selection Committee Recommendation - A firm has been recommended by the Architect Selection Committee based upon their materials and presentation. A motion to enter into negotiations with the firm over project and fees and to accept Miller Dunwiddie as the library architect. Motion by Hodsdon and seconded by Tipple. The motion passed. c. Owners Representation - Board members discussed how to provide oversight for the project through design and actual construction. There needs to be somebody in place to serve as a contact and liaison with the library. The matter will be put on next month's agenda. 11. Committee Reports None. 12. Other Items None. 13. Adjournment The meeting adjourned. rJ;' .lwater ~ -" - - ~ --- -\ ~ THE BIRTHPLACE OF MINNESOTA J . Downtown Parking Commission Thursday, April 10, 2003 8:30 a.m. Riverview Room Agenda Items 1. Review Downtown Parking Brochure for 2003 publication. 2. Other Items. . .. . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . Ch.aiLl19xiQ.ti .C1tllT!)_o.nl~r A!~end~.;. Minut~1i;. Tr~~ls.ur.C.r: AUnrIltY:.. PIa nn e.r:. Knghl~eT.: Clc.rl\:.. Cf)JJ)mittccs.;. f-wpk.P.m1j.Qn:. Stillwater Township AprillO, 2003 Stillwater .Town llal1 7:00 P.M. Regulm Meeting Adopt Approve Minutes March 27, 2003 Regular Town Board Meeting and L~lwn Care Minuks 1. Checks\Clai ms 2. I. Privatc\Public Trails Montanari Subd. 2. Raleigh Bonds I. Eggers Certificate of Compliance 2. Linde Letter Sent? 34 \J\ljn_d (Jcncralc}r I{.eqtlirern.ents 4. Report rc: Planning Exercise Program 5. Zoning Administrator Situation 1. NSP Electric Service to 11530 Quail Ave. N. Application 2. Sign Request Neal Ave. L Misc. 1. Park Report 2. Planning Commission Report 8:00 PM Nextel Add to Tower Old llusln~}i!i;_ 1 . N"~w..ll"~in.~ss.; Adjfturn 04/06/2003 .---_._--,-~--_._...-_.__.__._---~~._-_.--------_._...-. PatBantli ~LMC League of Minnesota Cities Cities promoting excellence I 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200. (800) 925-1122 Fax: (651) 281-1299. TDD (651) 281-1290 Web Site: http://www.Imnc.org . TO: City Clerks, Administrators and Managers FROM: Jim Miller, Executive Director DATE: April 3, 2003 SUBJECT: Board of Directors Vacancies At the Annual Meeting in St. Cloud on June 19th, the membership will elect five new members to the Board of Directors. These officials will replace: Independence Mayor Marvin Johnson, Cokato City Administrator Don Levens, and St. Cloud Councilmember DeWayne Mareck all whose three-year terms expire. The one-year term of Ramsey Interim HR Manager, Givonna Reed, who was elected to fill the unexpired term of Michael McCauley when he was elected president, also expires. By precedent, she is eligible to be elected to her own three-year term. Rockville Councilmember Vince Schaefer left employment with the city when he won his election for County Commissioner this past November. Therefore, his . eligibility to serve on the LMC Board of Directors terminated January 1, 2003. Schaefer represented the Minnesota Association of Small Cities (MAOSC) on the Board and had two years remaining in his term. Pursuant to the LMC Constitution, the LMC Board appointed Zimmerman Clerk Nelda Remus at the recommendation of the MAOSC to fill Schaefer's term until June 2003 at which time she must go before the Nominating Committee to be elected to fill the remainder of Schaefer's term. As you will see from the accompanying Nominating Committee guidelines, the Board shall include an individual from the Minnesota Association of Small Cities (Vince Schaefer's position). The MOASC has recommended Nelda Remus for this position and it is likely that she will be nominated to fill this vacancy, although that ultimately is a membership decision The League's strength has always been rooted in the Board's outstanding leadership. Continuing that tradition is critical as the League looks to meeting the ever-changing challenges facing our cities. If you or someone on your Council has an interest in serving on the Board, please apply now. Terms are for three years and service involves attendance at monthly Board meetings and one or two, two-day, retreats. The League pays for most expenses, including mileage. A roster of current Board members and the application form are enclosed. I would be most happy to answer any questions and can be reached at 651-281-1205. Thank you for your help in this very important matter. . AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER . . . Application for 2003-04 LMC Board of Directors or 2003-04 LMC Officer Positions All candidates for LMC Board of Directors or LMC Officers (President, First Vice President, Second Vice President) positions are asked to submit the following items by May 30, 2003 1) A cover letter stating your intent to run for an LMC Board or Officer position, addressing the following points: · Why you are interested in serving in this position; · What specific attributes or experiences you would contribute to the Board or Executive Committee (made up of the LMC Officers); and · Whether you will be able to make the time commitment necessary to fulfill your Board or Officer duties (monthly Board meetings, as well as two, two-day retreats). 2) A completed "Nomination Form for LMC Board of Directors/LMC Officers Positions" (attached). 3) Optional: A resume that provides an overview of your municipal/professional experience and accomplishments. 4) Optional: Letters of reference. Please return these materials bv Mav 30. 2003 to: Jim Miller League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 Nomination Form - LMC Board of Directors PLEASE COMPLETE THE NOMINATION FORM PROVIDING AS MANY DETAILS AS POSSIBLE. You are encouraged to attach other materials that may be useful to the Nominating Committee during its deliberations, such as your resume and a letter stating your reasons for seeking a League office. Name: Title: Organization: Address: City/Zip: Home Phone: ( ) Work Phone: ( ) E-mail: 1. Length of service in your present position: years 2. Other municipal or related position(s) you have held and the number of years: 3. Previous League experience (e.g. committees, conferences, affiliate organizations, etc.) 4. Are you applying for (Please select one) President 1 st Vice President 2nd Vice President Director 5. If you are applying for Director, can you complete a full three-year term as a Board member? PLEASE RETURN THIS FORM BY MAY 30, 2003 TO: Jim Miller League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 . . . . . . Board Nominating Process and Selection Criteria T .... Board nomination process. A. Nominating Committee Appointment and Orientation Process. 1. Beginning in April of every year the League will solicit individuals interested in serving on the nominating committee. Notice of solicitation of interest shall be placed in Cities Bulletin at least twice. When necessary in order to get a sufficient number on the committee, or to achieve appropriate balance, the Executive Director may directly solicit city officials to be on the committee. 2. On or before May 1 of each year the League President shall appoint a nominating committee of 8 to 12 city officials, consisting of both elected and appointed officials with appropriate attention paid to issues such as gender, city size, and geography. The immediate past president ofthe Board of Directors will sit as an ex-officio member ofthe Committee and shall be its Chair. 3. At least one week prior to the annual conference, the Executive Director shall hold an orientation meeting of the nominating committee in order to explain the nominating committee process and to explain the Board selection criteria. B. Recruitment and Nomination Process 1. Beginning in April of each year the League will solicit Minnesota city officials interested in serving on the League of Minnesota Cities Board of Directors. Notice of Board openings and solicitation of interest shall be placed in the April Minnesota Cities Magazine and shall run at least twice in the Cities Bulletin. In addition, prior to May 1 of each year, the Executive Director shall mail to the chief administrative officer of each member city a letter soliciting Board candidates and explaining the process and selection criteria. 2. All candidates who wish to be considered by the nominating committee must submit an appropriate written expression of interest by May 30. Additional material in support of particular candidates may be submitted up to the date of the nominating committee meeting. 3. Once the list of Board candidates has been compiled, the Executive Director in conjunction with the nominating committee chair shall develop an agenda and a schedule of interview times. 4. After considering the presentations of the various candidates, the nominating committee shall make its recommendations based on the requirements of the League Constitution and the Guidelines set out herein. . 5. In order to avoid the appearance of a conflict of interest, nominating committee members should refrain from participating in discussions involving candidates from cities that they represent. 6. Notice ofthe nominating committee's recommendations shall be posted at a predetermined time in at least two locations at the annual conference site. The location of the po stings shall be included in the material provided to conference attendees and shall be directly communicated to prospective candidates. 7. The Chair ofthe nominating committee shall be responsible for presenting the report ofthe nominating committee at the Annual business meeting. II. Board selection requirements and guidelines. A. Constitutional Requirements. 1. The League Constitution requires that the Board of Directors shall consist of an "elected president, an elected first vice president, an elected second vice president, the immediate past president ex-officio, the president of the Association of Metropolitan Municipalities ex- officio, the president or vice president of the National League of Cities, if a Minnesota City official, ex-officio, and twelve directors. . 2. "To be eligible to be elected to serve, or to continue to serve as an elective officer of the League, a person shall be an elected official or an appointed employee 3. The Board of Director shall include individuals recommended by each ofthe following groups or entities: the city of Minneapolis, the city of St. Paul, the Minnesota Association of Small Cities, and the Coalition of Greater Minnesota Cities. Individuals recommended by these groups shall go through the Board election process. 4. Except for ex offcio seats, no city may have more than one representative on the Board at any given time. . . . . B. Non-binding Guidelines for the Nominating Committee to Consider 1. Geography a. The nominating committee will attempt to respect an appropriate balance of representation between Greater Minnesota and the Metropolitan area. b. In this same regard, the Committee will strive to maintain 'a similar balance when making recommendations for the President, first vice-president, and second vice-president positions. c. No particular importance will be placed on where within Greater Minnesota or the Metropolitan area a given candidate comes from. 2. Population. a. Board members should come from cities of differing size. 3. Gender a. Every effort should be made to ensure gender equity on the Board. 4. Position (Appointed v. Elected) a. A majority of the Board should be elected city officials. 5. Term a. Where there are other qualified candidates, Board members should generally serve only one term. b. An individual appointed to fill an unexpired Board term will not be prejudiced by this guideline so long as the unexpired term was for one year or less. President First Vice President LMC Board of Directors and Officers June 2002 - June 2003 . Michael McCauley, City Manager, Brooklyn Center Term expires: June, 2003 Mark V ox land, Mayor, Moorhead Term expires: June, 2003 Second Vice Judy Johnson, Mayor, Plymouth President Term expires: June, 2003 Directors Chris Coleman, Councilmember, St. Paul Elected by Membership: June, 2001 Term expires: June, 2004 Brenda Johnson, Councilmember, Chatfield Elected by Membership: June, 2002 Term expires: June 2005 Marvin Johnson, Mayor, Independence Elected by Membership: June, 2000 Term expires: June, 2003 . Don Levens, Administrator, Cokato Elected by Membership: June, 2000 Term expires: June, 2003 DeWayne Mareck, Councilmember, St. Cloud Elected by Membership: June, 2000 Term expires: June, 2003 H. Dan Ness, Mayor, Alexandria Elected by Membership: June, 2002 to fill unexpired term of Reggie Edwards Term expires: June, 2004 Givonna Reed, HR Manager, Ramsey Elected by Membership: June, 2002 to fill unexpired term of Michael McCauley Term expires: June, 2003 . . . . Nelda Remus, City Clerk, Zimmerman Elected by Membership: Appointed by LMC Board of Directors in January 2003 to represent the Minnesota Association of Small Cities in place of Vince Shaefer who was elected to a County Commissioner seat. Schaefer has 2 years remaining of his term. Remus must be elected by the full Membership in June Term expires: June, 2003 Bonnie Rietz, Mayor, Austin Elected by Membership: June, 2001 Term expires: June, 2004 Sandra Colvin Roy, Councilmember, Minneapolis Elected by Membership: June 2002 Term Expires: June, 2005 Mark Sather, City Manager, White Bear Lake Elected by Membership: June 2002 Term Expires: June 2005 Terry Schneider, Councilmember, Minnetonka Elected by Membership: June 2001 Term Expires: June 2005 Ex-officio seat Past President: Les Heitke Elected by Membership: June 1996 Term expired: 2003 Del Haag, NLC Board Member Elected by NLC: December, 2002 Craig Waldron, Administrator, Oakdale Elected by AMM: May, 2002 Diane Ward From: Sent: To: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, April 1 0, 2003 2:29 PM Linda Engh Washington County Board Agenda - April 15, 2003 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda April 15, 2003 1. Roll Call Pledge of Allegiance 2. Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. . 3. 9:10 - Consent Calendar 4. 9: 10 - Public Health and Environment - Mary McGlothlin, Director Public Hearing - Proposed Washington County Public Health Nuisance Ordinance Action to Adopt Final Ordinance 5. 9:40 - General Administration - Jim Schug, County Administrator Energy Task Force Update - R. H. Stafford, Commissioner Legislative Update 6. 10:10 - Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence . 8. 10: 15 - Adjourn 1 9. 10:20 - Washington County Regional Railroad Authority Convenes Update on Status of Red Rock Corridor Approval of Red Rock Corridor Resolution .djourn 10. 10:50 to 11:50 - Closed Workshop Session with County Administrator - Room 403 Annual Performance Evaluation ************************************ **** Reminder: No Board Meeting on April 29, 2003 - 5th Tuesday Meeting Notices April 15 - HRA Board Meeting 3:00 p.m. - Washington County Government Center April 15 - Public Health Advisory Committee 5:30 p.m. - Washington County Government Center April 15 - Historic Courthouse Advisory Council 7:00 p.m. - 101 West Pine - Stillwater April 16 - Transportation Advisory Board 2:00 p.m. - 230 East 5th St., Mears Park Centre - St. Paul ..t-pril17 - Parks and Open Space Commission .:00 p.m. - Washington County Government Center April 17 - Workforce Investment Board 8:30 a.m. - 1007 West Broadway Avenue - Forest Lake *********************************************************** Washington County Board of Commissioners Consent Calendar - April 15, 2003 *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. The following items are presented for Board approval/adoption: Administration A. Approval to appoint Marc Hugunin, Grant, to the Community Development Block Grant Citizen Advisory Committee, representing the private sector, to a first partial term expiring December 31, 2004. Assessment, Taxpayer Services, and Elections .. Approval of resolution and application for lawful gambling exempt ~ermit from Hastings Public School Foundation to be used at the Carpenter Nature Center. 2 C. Approval of application and permit for a one-to-four day temporary on-sale liquor license from Hastings Public School Foundation to be used at the Carpenter Nature Center. Public Health and Environment . D. Approval of renewal of contracts between the county and the cities of: Bayport, Forest Lake, Grant, Lake St. Croix Beach, Lakeland, Lakeland Shores, Marine on St. Croix, Pine Springs, and St. Mary's Point for individual sewage treatment system (ISTS) permitting and inspection. E. Approval to enter into agreement with the Minnesota Department of Public Safety for training funds related to community emergency preparedness and weapons of mass destruction. F. Approval to enter into agreement with the Minnesota Department of Public Safety to receive funding for equipment related to community emergency preparedness and weapons of mass destruction. G. Approval to enter into agreement with the Minnesota Department of Public Safety to receive funding for equipment related to community emergency preparedness and weapons of mass destruction. Transportation & Physical Development H. Approval of resolution, bid award for masonry repairs at the Historic Development Courthouse to Advanced Masonry Restoration, the lowest responsible bidder, in the amount of $82,770, conditioned upon execution of a contract as approved by law. . I. Approval of resolution, seasonal materials bid award for sand material to Aggregate Industries; plant mixed bituminous material to T.A. Schifsky & Sons, Tower Asphalt, and Commercial Asphalt Co., and for sand material delivered to Aggregate Industries, the lowest responsible bidders, conditioned upon execution of a contract as required by law. Linda Engh Washington County Administration Phone: 651/430-6010 E-mail: Iinda.engh@co.washington.mn.us . 3 Diane Ward From: ~ent: Wro: Cindy Jacobson Thursday, April 10, 20032:09 PM Diane Ward Diane - The dates I won't be able to golf are: June 11, 18, 25 and July 2. (Also, Leslie may sub if we need her.) Cindy . . 1 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, April 03, 2003 12:09 PM Pat Raddatz Washington County Board Agenda - 4/8/03 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda April 8, 2003 - 8:00 a.m. 8:00 to 8:45 - Reception for Employees Hosted by the County Board National County Government Week 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. . 3. 9:10 - Consent Calendar 4. 9: 10 - Public Health and Environment - Judy Hunter, Senior Program Manager SCORE Funds and Curbside Recycling Grant Application Process 5. 9:20 - General Administration - Jim Schug, County Administrator A. Health Insurance Portability and Accountability Act - Patrick Singel, Community Services Deputy Director B. National County Government Week C. Delegation of Responsibility for Supervising the County Library Director . D. Repeal of Maintenance of Effort for Libraries 1 E. Legislative Update 6. 10:00 - Commissioner Reports - Comments - Questions .hiS period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:15 - Adjourn 9. 10:30 to 12:00 - Board Workshop with MN Department of Human Services Commissioner Kevin Goodno will Discuss the Impact of the Governor's Proposed Budget on Human Service Programs in the County 10. 12:00 - Lunch 11. 12:30 to 1:15 - Board Workshop with Office of Administration Public Information Strategic Issue Work Group's Findings and Recommendations ************************************************************************ .eeting Notices Reminder: No Board Meeting on April 29, 2003 - 5th Tuesday April 8 - Mental Health Advisory 4:00 p.m., Washington County Government Center April 9 - Metropolitan 911 Executive Committee 10:00 a.m., 2099 University Avenue West - St. Paul April 9 - Metronet 12:00 p.m., 1619 Dayton Avenue - St. Paul April 9 - MICA 2:00 p.m., Kelly Inn - St. Paul April 9 - Rush Line Task Force 3:30 p.m., White Bear Lake City Hall April 10 - Community Services Advisory 7:30 a.m., Washington County Government Center April 10 - Metro TAB 12:30 p.m., 230 East 5th St., Mears Park Centre - St. Paul ************************************************************************ ~aShington County Board of Commissioners Consent Calendar - April 8, 2003 Consent Calendar items are generally defined as items of routine 2 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. The following items are presented for Board approval/adoption: . Administration A. Approval of the March 25, 2003 Board meeting minutes. B. Approval to appoint Hanah Keane-Rudolph, Cottage Grove, as a Family Member/Consumer Representative, to the Mental Health Advisory Council to a first term expiring December 31, 2005. Assessment, Taxpayer Services and Elections C. Approval to renew consumption and display license for Veterans Rest Camp for the period April 1, 2003 through March 31, 2004. D. Approval of 3.2 percent malt liquor, on sale wine license, dance permit and consumption and display licenses for Withrow Ballroom and Event Center, Inc., for the period April 1, 2003 through March 31, 2004. Community Services E. Approval of Tree Trust contract to provide services for the summer 2003 youth employment program between July 1 and August 31. Human Resources, Employee Safety and Risk Management . F. Approval of revised Policy #5022, Personnel Committee of the Board. Sheriff G. Approval of resolution recognizing the Public Safety Dispatchers in Washington County in honor of National Public Safety Telecommunications Week. H. Approval of resolution, annual Boat and Water Safety Enforcement agreement. Transportation and Physical Development 1. Approval of resolution, no parking zone on the north side of CSAH 6, between Hadley Avenue North and FAI 694 in the City of Oakdale. J. Approval of resolution, authorizing a waiver of acquisition for the Brent Reibel property in the Big Marine Park Reserve. K. Approval of resolution authorizing a public drainage and utility easement on County-owned property adjacent to CSAH 21 in Bayport. L Approval of resolution, bid award for construction of a traffic signal system at the intersection of CSAH 13 and Pinehurst to Peoples Electric Company. . 3 Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . . 4 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, March 27,2003 12:07 PM Pat Raddatz Washington County Board Agenda - 4/1/03 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda April 1, 2003 - 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. . 3. 9: 10 - Consent Calendar 4. 9: 10 - Transportation and Physical Development - Jim Luger, Deputy Director Parks/Historic Courthouse 2002 Annual Reports S. 9:30 - General Administration - Jim Schug, Administrator A. Draft 2003-2007 Capital Improvement Program - Sue Kuss, Budget/Financial Analyst B. Legislative Update 6. 10:00 - Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. . 1 7. Board Correspondence 8. 10:20 - Adjourn .9. 10:30 to 11:00 - Board Workshop with the Assessment, Taxpayer Services and Elections Department 2003 Assessment Report to the County Board 10. 11:00 to 11:15 - Board Workshop with the Office of Administration Ramsey County Request for Library Funding ************************************************************************ Meeting Notices March 31 - Library Board 6:30 p.m., 8595 Central Park - Woodbury April 2 - Plat Commission 8:30 a.m., Washington County Government Center April 2 - Metro Transitways Development Board 8:30 a.m., 125 Charles Avenue - St. Paul April 2 - Representative Rebecca Otto Forum 7:00 p.m., Stillwater High School April 3 - Met. Counties Energy Task Force _:00 a.m., 125 Charle~ Avenue - St. Paul April 3 - Internal Audit Advisory Committee 4:00 p.m., Washington County Government Center ************************************************************************ Washington County Board of Commissioners Consent Calendar - April 1, 2003 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. The following items are presented for Board approval/adoption: Administration A. Approval of the March 18, 2003 Board meeting minutes. B. Approval to reappoint Donald L. Pereira, Cottage Grove, to the South Washington Watershed District Board of Managers, to a full term expiring May 1, 2006. C. Approval of District 2 appointments to the Historic Courthouse Advisory Council: Gloria Knoblauch, Lake Elmo, to a first term expiring Apecember 31, 2004; and Manley Ellertson, Oakdale to a partial term W'expiring December 31, 2003. Assessment, Taxpayer Services and Elections 2 D. Approval of resolution, application for lawful gambling exempt permit from Scandia Marine Lions Club to be used at the Scandia Community Center. E. Approval of resolution, application for premises permit from Scandia Marine Lions Club to be used at Meisters Bar, New Scandia Township. . F. Approval to renew on sale and Sunday liquor license for The Point, for the period April 1, 2003 through March 31, 2004. Public Health and Environment G. Approval to amend the Project Impact Award Agreement and authorization for County Board Chair and Administrator to enter into an agreement with the Minnesota Department of Public Safety to extend the grant agreement performance period. Transportation and Physical Development H. Approval of resolution, award of contract for provision and installation of play equipment at Lake Elmo Park Reserve Destination Area to Flanagan Sales, Inc. in the amount of $127,600 conditioned upon the execution of a contract as required by law. 1. Approval of resolution, award of contract for provision and installation of play equipment at Lake Elmo Park Reserve North Shelter to Flanagan Sales, Inc. in the amount of $39,965 conditioned upon the execution of a contract as required by law. . Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3