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Home My WebLink About2005-07-05 CC Packet . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-12 Council Chambers, 216 North Fourth Street July 5, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Library Project Update 2. Discussion on traffic studies during the bridge closure 3. Discussion on Pool Fence Ordinance STAFF REPORTS 1. Police Chief 3. City Clerk 4. Community Dev. Director Request for Letter of Support - Rivertoll'o'n Commons 6. City Engineer/PWD 7. City Attorney 2. Fire Chief 4. Director of Admin 8. Finance Director 9. City Administrator ADJOURN TO EXECUTIVE SESSION to discuss laborr ns . CALL TO ORDER ROLL CALL 7:00 P.M. AGENDA APPROVAL OF MINUTES and Regular Meeting Minutes of June 21, 2005 PETITIONS, INDIVIDUALS, DELEGATIQNS& COMMENDATIONS 1. Proclamation declaring the \oYee~ ofJYIY10, 2005 as Barbershop Music Appreciation Week. OPEN FORUM The Open Forum is a portion.Of the Cquncil meeting to address Council on subjects which are not a part of the meeting agenda. The~ou . may take action or reply at the time of the statement or may give direction to staff regarding investigatiol'l of he concerns expressed. CONSENT AGENDA* 1. Resolution ~005-145, directing payment of bills 2. Resolution 2005..146, Approving Minnesota Premises Permit For Gambling For Stillwater K.C. Hall located a~~?10B.~ul~ Greeley, Stillwater, MN 3. Resolution200SOij47, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located atRuby Begonias, 112 North Main Street, Stillwater, MN 4. Resolution 2005-148, possible approval of 2004-2006 labor agreement between the City of Stillwater and MN Teel!J1sters Public and Law Enforcement Employee's Union, Local No. 320 representing the Stillwater Public Manager's Association . 5. Request to purchase a new updated auto diagnostic system and gas module for auto and truck repair and trouble shooting - Public Works Shop PUBLIC HEARINGS 1. Case No. SUB/05-26. This is the date and time for a public hearing to consider a request from John . Harvey for a resubdivision of Lot 6, Blk 7 Carli Schulenberg's Addition into two lots of 7,500 square feet located at 203 E St Croix Avenue in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005 2. Case No. SUBNI05-33. This is the date and time for a public hearing to consider a request from Elizabeth Crooker for a subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each with a variance to the lot size requirement (10,000 square feet required, 8,625 square feet requested) located at 1802 North Fourth Street in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005 3. Case No. SUPNI05-31. This is the date and time for a public hearing to considerarequest from to consider an appeal on the Planning Commission's decision on a request froI}")Rita Graybill for a modification to special use permit and variance to the side yard setback (5feetrtquir~d, 2.1 feet requested) for the construction of a two-story addition to an existing two-carccmiagehouse located at 801 West Pine Street in the RB, Two Family Residential District. Notices were ma to affected property owners and published in the Stillwater Gazette on June 24, 2005. 4. Case No. SUPNI05-32. This is the date and time for a public hearing to cOnsider an appeal of the Planning Commission's decision on a request from Todd Huntley for asp al use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size r ions (800 square feet allowed, 1,000 square feet requested) located at 821 Third Street South in the o Family Residential District. Notices were mailed to affected property owners and publ!~hed i Stillwater Gazette on June 24, 2005. UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 962 a City Code 2. Possible final plat approval of Settler's Glen 8th Ad 3. Possible approval of addendum to developers agre ding the City Code relating to fees stated in the (Resolution) nt for Settler's Glen 8th Addition (Resolution) . NEW BUSINESS 1. Possible accepting of bids and awardihgof con ct for Pine and Myrtle Street Improvement Project (Resolution) 2. Possible approval of plans and specifi tion r Boutwell Road (Resolution) 3. P~s~~3Jg first r~2jing of Ord:n:}.~A ~):m-GfGiMr.SE: emending the City Code, b:; 3ddin~ c :-:ew section to the Zoning Ordin::mc~ (future eting after PC review) 4. Possible approval of temporary Qanner quest - Marathon Oil PETITIONS, INDIVIDUALS, DELEGATIQ,.S & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (contil1ued) ADJOURNMENT * All items Iist~9 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 . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-12 Council Chambers, 216 North Fourth Street July 5, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. Library Project Update 2. Discussion on traffic studies during the bridge closure 3. Discussion on Pool Fence Ordinance OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Community Dev. Qirector 6. City Engineer/PWD 7. City Attorney 8. Finance Director 9. City Administrator ADJOURN TO EXECUTIVE SESSION to discuss labor relations 7:00 P.M. AGENDA .ALL TO ORDER .OLL CALL APPROVAL OF MINUTES - Possible approvalof Special and Regular Meeting Minutes of June 21,2005 PETITIONS, INDIVIDUALS, DELEGA TIONS& COMMENDATIONS 1. Proclamation declaring the week.6f July 10, 2005 as Barbershop Music Appreciation Week. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council.~5'Y take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2005-145, directing payment of bills 2. Resolution 2005-146, Approving Minnesota Premises Permit For Gambling For Stillwater K.C. Hall located at 1910 South Greeley, Stillwater, MN 3. Resolution 2005-147, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Ruby Begonias, 112 North Main Street, Stillwater, MN 4. Resolution 2005-148, possible approval of 2004-2006 labor agreement between the City of Stillwater and MN Teamsters Public and Law Enforcement Employee's Union, Local No. 320 representing the Stillwater Public Manager's Association 5. Request to purchase a new updated auto diagnostic system and gas module for auto and truck repair and trouble shooting - Public Works Shop .UBLlC HEARINGS 1. Case No. SUB/05-26. This is the date and time for a public hearing to consider a request from John Harvey for a resubdivision of Lot 6, Blk 7 Carli Schulenberg's Addition into two lots of 7,500 square feet located at 203 E St Croix Avenue in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005 2. Case No. SUBNI05-33. This is the date and time for a public hearing to consider a request from Elizabeth Crooker for a subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each with a variance. to the lot size requirement (10,000 square feet required, 8,625 square feet requested) located at 1802 North Fourth Street in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005 3. Case No. SUPNI05-31. This is the date and time for a public hearing to consider a request from to consider an appeal on the Planning Commission's decision on a request from Rita Graybill for a modification to special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for the construction of a two-story addition to an existing two-car carriage house located at 801 West Pine Street in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005. 4. Case No. SUPNI05-32. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Todd Huntley for a special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) located at 821 Third Street South in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005. UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 962 amending the City~Qge relating to fees stated in the City Code 2. Possible final plat approval of Settler's Glen 8th Addition (Hesofion) 3. Possible approval of addendum to developers agreement for Settler's Glen 8th Addition (Resolution) NEW BUSINESS 1. Possible accepting of bids and awarding of contract for Pine and Myrtle Street Improvement Project (Resolution) 2. Possible approval of plans and specifications Boutwell Road (Resolution) 3. Possible first reading of Ordinance No. an ordinance amending the City Code, by adding a new section to the Zoning Ordinance 4. Possible approval of temporary banner t .....,Marathon Oil . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMUNICA TIONS/REQUESTS MENDATIONS (continued) 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 . -=- - ~~ \ out OA. ~~SwENSoNST" ~,- ui >, .. ~~ ~~ 87'l ui ;;: ~ . ' ~ OAK Hill ~ocJJ j,~" OE\.\: ek CT.. 0 ~ -~: let ~ -= ( ;i ui ;;: w z :s .. POPLAR " ~.~St" ST.'I ll! HA~\..!. . '1ILL . "" a ~ t; ~It; ~~f 01' ~ RIVERH'''GHT" \ '" Sf RD. 'L N. ~ ST -? RlOGELN -' ,.:l;;J~'\1l\ >- I-' W.MOORE ST. '" ; <;/ (/) U) r- "" ~ SYCAMO!nlIE SY<<- \MO.lE ::; J ST. -",,-: (} ",' CROIX:l: AVE. t; :t;,s. R.o OIX we,:;; :Z 5 Ii' 0 ~r-?\ l;rrLLW" ATER AV ,. ~~ '~ .,;' -;;;-~ ~ i< w. will KlNS .. -:1 _ 8 0 '" ~~ EN STlii - z ~ :z '!j! ~_ ~ ~ ~ ;i - N iD C)~"b,eR ~ W. ELM ;!j ST. ~/ ,I W. HI~:OR~ z ~~w MAF'LE en "'\ _ ST City of . I~ wa:er ~ ~ I &=J Engineering Department 0.25 Miles V$ ~" Map By' . ~ . Ryan Smith if N. -1 - , MAt ~ ; . Memo To: From: Date: Subject: Mayor and City Council ~ Steve Russell, Community Development Director July 5, 2005 Request for Letter of Support for Section 8 Housing Project Dominium Development Development and Acquisition is requesting a letter of support for financing from the Minnesota Housing Finance Agency for rehab of the 96-unit Rivertown Commons Project (1979). With ,the new proposed financing package, the owner proposes to extend the Section 8, Low/Moderate Income commitment for 30 years. The request for city support will result in the continued availability of affordable housing . for city residents. This request is consistent with the city housing policy of the Comprehensive Plan. Recommendation. Direct preparation of letter Attachments. Letter from Dominium, 6-30-05 . ~ ~ .'t. DOrv INIUM . Development & Acquisition, LLC June 30, 2005 Mr. Steven Russell - Community Development Director 216 North Fourth Stillwater, MN 55082 Re: Rivertown Commons 212 North Second Street Stillwater, MN . Mayor Kimble: This letter is to request a letter of support from the City Council to be addressed to the Minnesota Housing Finance Agency. Stillwater Leased Housing Associates I, LP (the Developer) is proposing to acquire Rivertown Commons and to substantially rehab the property. Additionally, the Developer proposes to extend the Section 8 HAP contract for an additional 20-year tenn. Rivertown Commons has provided Section 8 elderly housing to the Stillwater community for the past 25 years. The HUD Housing Assistance Payment (HAP) contract expires March 2006. Due to the property's location, Rivertown Commons could be converted to market rate housing. The Developer proposes to preserve the project as low-income Section 8 elderly housing for the next 30 years by: 1) agreeing to extend the HAP contract for 20 years; and 2) by executing a LURA (deed restriction) thereby restricting the project to affordable housing for a 30 year term. Rivertown Commons was constructed in 1979. It is a 96-unit elderly apartment complex with 100% project-based Section 8 that is in need of updating. The Developer proposes a substantial rehab addressing items such as: 1) site drainage; 2) elevator modernization; 3) replace malfunctioning boiler; 4) replace windows on rear elevation; 5) unit kitchen upgrades; and 6) common area upgrades. . 2355 Polaris Lane North Suite 100 Minneapolis, MN 55447 Phone 763/354-5500 Fax 763/354-5650 Acquisition' Development. Construction. Management . . . The Developer is applying to the Minnesota Housing Finance Agency (MHFA) for tax- exempt LMIR bonds and tax credits to help fund the acquisition/rehab. MHF A staff is very supportive of the proposal. A letter of support from the City of Stillwater would be appreciated very much and help us to be that much more competitive in our application for a tax-exempt bond allocation. We appreciate your consideration ofthis matter. Please feel free to call me with any questions or comments. My direct line is (763) 354-5609. DOMINIUM DEVELOPMENT & ACQUISITION, LLC Sincerely, _ ~_. f-; - {,- //~~4' ~ David E. ~ 2355 Polaris Lane North Suite 100 Minneapolis. MN 55447 Phone 763/354-5500 Fax 763/354-5650 ..Jc(jllisitiofl . DfTe/op17lt'llf . Com.jlrllc!ion . ,\fanogcrnen! , . . . ,A CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-11 June 21,2005 SPECIAL MEETING 4:30 P.M. Vice Mayor David Junker called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Polehna Absent: Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles City Clerk Ward OTHER BUSINESS Discussion of Development Impact Fees Public Works Director Eckles outlined options to deal with an anticipated shortfall in the City's transportation funding. The Boutwell area transportation study, he noted, identified a number of development-related traffic problems and possible solutions, but no funding source to implement the improvements. Mr. Eckles provided a list of projects both in the expansion area and the "old city" scheduled through the year 2012. He said unless the City changes its policy or finds another source of funding; the City faces an estimated shortfall of $6.9 million for identified road improvement projects in the expansion area. In the past a major source of funding for street improvement projects has been Municipal State Aid money. However, he noted that even if the City obligated all of its state aid money to projects in the "old city," state aid funding would be inadequate to accomplish all projects in the planned timeframe. If the City does not find another source of funding, he said projects could be delayed for as much as 20 years beyond the year 2012. Mr. Eckles outlined four options for dealing with the shortfall: use the current method of charging developers for the direct costs of street improvements related to development; using new statutory authority to assess Township properties; raising general revenues through taxes; or implementing a transportation area fee. The city of Rochester charges a fee to developers who want to come into the City "early." The city of Maple Grove assesses all of the costs of development to the developer. Maple Grove installs utilities, streets and storm sewer, acquires right-of-way and then assesses the costs against the developers. " City Council Meeting - 05-11 ~ June 21, 2( Mr. Eckles said staff, including Attorney Magnuson, had meet with representatives of the Builders Association of the Twin Cities as well as several builders, including US Homes, which has several projects in the Stillwater expansion area. He said while there were some concerns such as using the transportation fee to generate revenue for other uses and consistency in assessing such a fee, the builder representatives did not see the City's possible transportation fee of $13,600 per acre as being insurmountable. Also, he said the builder representatives were supportive of the Maple Grove approach, rather than the city of Rochester's. . Councilmember Junker noted the potential fee for US Homes' development of the Palmer property is $1.6 million, and he questioned the timing involved with implementing a fee. Attorney Magnuson noted the Palmer property is not yet in the City. According to state statute, a policy change could not be implemented for one year after preliminary plat approval or two years after final plan approval. Mr. Magnuson said US Homes was at the meeting and is aware of the possibility of the City implementing a transportation fee; however, he suggested the developer be involved in the process right away. Mr. Hansen said staff strongly believes the City should establish a transportation fee, but hasn't decided on what model - Rochester or Maple Grove - might be most appropriate. Mr. Hansen suggested that staff could come back with a recommendation regarding a preferred model, perhaps by the next Council meeting, so a fee could be implemented in a relatively short time. During discussion, Mr. Milbrandt said he was not enamored of the "early entry" concept. noting the City has an Orderly Annexation agreement and he would not want to destroy that. Administrator Hansen said the fee could be tailored to fit Stillwater's needs and agreed that any fee should not appear to be an early entry fee - buying a way into the City. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to direct staff to further investigate Option 4, the transportation fee, and make a recommendation regarding a preferred model at the July 5 Council meeting. All in favor. Discussion of Sewer and Water connection reauirements City Administrator Hansen presented a possible policy related to requiring sewer/water connections and a minimum fee charge for non-connection. Mr. Hansen noted this issue is related to the North Hill improvement project and taking some action to lessen the cost impact of assessments to residents in the North Hill project area. Mr. Hansen noted the Council had given residents in the South Hill project area until 2010 to connect; it was staffs recommendation that the 2010 requirement be kept in place for the North Hill, giving residents an additional five years before hookup is mandatory. Mr. Hansen said it also is recommended that the minimum charge of $13 per month for non-hookup be kept in place. He said he would recommend that the current variance process be kept in place for cases of hardship, and in cases of extreme hardship, the City could . offer low interest loans to assist property owners in paying for hookup. Page 2 of 10 City Council Meeting - 05-11 June 21, 21 . Councilmember Junker noted that South Hill residents were given 15 years before hookup was mandatory, but said he thought most residents in that project area were now connected to City services. Council member Harycki suggested that connections would occur naturally due to the turnover of properties in the project area. Councilmember Milbrandt suggested giving the North Hill residents an additional five years, 10 years as opposed to the 2010 as recommended, but not 15 years. Councilmember Harycki spoke in favor of treating both "hills" the same and also spoke in favor of waiting until after the mandatory hookup date to impose the minimum fee. Mr. Harycki asked if there was a minimum fee charged to South Hill residents. Mr. Eckles noted the minimum fee was added after the South Hill project as a way of encouraging hookup. Motion by Councilmember Milbrandt, seconded by Council member Polehna to adopt Resolution 2005-139, setting sanitary sewer fees for North Hill and extend mandatory hookups and that the hookup is extended to 10 years, as opposed to the five years recommended, and to have all households in the project area subject to the minimum monthly rate. . Ayes: Nays: Absent: Councilmember Polehna, Milbrandt, and Junker Councilmember Harycki Mayor Kimble Motion by Councilmember Milbrandt, seconded by Council member Harycki, to adjourn at 5:25 p.m. All in favor. REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles City Clerk Ward PLEDGE OF ALLEGIANCE - Observance of 4th of July Julie Kink, representative of the Veterans Memorial Committee, led the Pledge of Allegiance in observance of the Fourth of July. APPROVAL OF MINUTES . Motion by Council member Junker, seconded by Council member Milbrandt, moved approval of the June 7, 2005, recessed and regular meeting minutes; motion passed unanimously. Page 3 of 10 City Council Meeting - 05-11 June 21, 2t PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS . Proposal from the Chamber of Commerce Joci Tilsen and Gail Pundsack, members of the Greater Stillwater Area Chamber of Commerce, addressed the Council. Ms. Tilsen introduced Colleen Eddy, interim Chamber manager. Council members welcomed Ms. Eddy to her new position. Ms. Tilsen and Ms. Pundsack presented a proposal from the Chamber. Ms. Pundsack noted the upcoming temporary closing of the lift bridge offers a unique opportunity to see what downtown might be like when, if, a new river crossing is constructed. She said the Chamber would like to take advantage of the opportunity to study the impact of the bridge closing and see what might be done in the future to keep the downtown a healthy, viable economic entity. Ms. Pundsack said the Chamber is hoping the Council will allow City staff, the Heritage Preservation Commission, and certain volunteers to work with the Chamber and conduct a workshop to develop designs/concepts to use in the downtown during the temporary closure - three to six months - and concepts that might be applicable to the future when the new bridge is completed. She said any concepts developed during the workshop would go back to the Heritage Preservation Commission and the City Council prior to implementation. Councilmember Harycki suggested this request was an extension of the Council's . direction that the Heritage Preservation Commission work with the Chamber to get inpu on the revised downtown Design Manual. Councilmember Harycki noted that he also would like to be involved, as much of Ward 2 is located in the downtown district. Motion by Councilmember Junker, seconded by Councilmember Harycki to appoint Council member Milbrandt to work with the Chamber to look at possible concepts/enhancements in the downtown during the bridge closure and bring recommendations back to the Council for possible implementation. All in favor. OPEN FORUM Mayor Kimble acknowledged the receipt of a poster made by Stonebridge Elementary School students thanking the City and its residents for the City's contribution to the school's new playground. STAFF REPORTS Police Chief Dauffenbach said his department had received a request from Bob Sherlock, 1918 N. First St., to park a semi in front of his house for a 24-hour period in order to facilitate his moving from the residence. Chief Dauffenbach told the Council . there is no public safety reason to deny the request. Councilmember Harycki, seconde Page 4 of 10 City Council Meeting - 05-11 June 21, 2( . by Councilmember Junker, moved to grant the request to have the semi parked at the Sherlock residence for a 24-hour period. Motion passed unanimously. Fire Chief Glaser gave an update on planning for Lumberjack Days. He said the Fire and Police departments had been working with S1. Croix Events on the site plan which provides for more emergency exits, additional staffing at gates, and safety devices for the floating stage. Also, he said, the layout for the food vendors meets all fire codes. He said he was comfortable with the progress made to date. Public Works Director Eckles gave a brief update on the status of current projects. The North Hill project is essentially complete, he said. The South Hill project is well under way. He noted the South Hill project contractor had opened more streets than the City would like, which has created some problems, especially after the recent rains. He said staff is working hard with the contractor to get things tightened up and some good progress has been made. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Council member Polehna, to approve the consent agenda. . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None . Resolution 2005-135, directing payment of bills Resolution 2005-136, Approving regular, full-time employment of Sharon Harrison as Finance Director Possible approval of special event and closure of street - Christine Herman & Robert Knapp Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31 , 2004 Possible approval of permit to sell 3.2 malt liquor - Ball Tournament - July 22 - 24, 2005 Resolution 2005-137, Resolution Designating the National Incident Management System (NIMS) as the basis for all Incident Management in the City of Stillwater Possible approval of use of Veterans Memorial & Riverview Parking Lot - Veterans Memorial - July 24, 2005. Possible approval of installation of banner - S1. Michael's Church - Merry Mall - October 21 - November 13, 2005 Possible approval to purchase security camera - S1. Croix Valley Recreation Center Resolution 2005-138, approval of Change Order #1 for the 2005 Street Improvement Project (Project 2005-02) Possible approval for Fireworks Permit - Cub Foods (outside sales - approved by PC) Possible approval of Special Event - Neighborhood parade/picnic - closure of street - North 3rd Street Neighborhood Page 5 of 10 City Council Meeting - 05-11 June 21,2'( PUBLIC HEARINGS . There were no public hearings. UNFINISHED BUSINESS Possible second readina of Ordinance No. 960. relatina to 2:00 a.m. closina on Sunday niaht/Mondav mornina City Attorney Magnuson said the Ordinance permits 2 a.m. closing on Sundays that are followed by a Monday national holiday. Councilmember Junker asked if the national holidays would be designated; Mr. Magnuson responded in the affirmative. Motion by Council member Milbrandt, seconded by Councilmember Polehna, adopting Ordinance No. 960, an ordinance amending Chapter 43 of the Stillwater City Code "Liquor License" . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on the fence reauirement for pools Mayor Kimble said additional information has been obtained since this matter was last. discussed. First, he said, there are many providers of pool safety covers. Attorney Magnuson said he had contacted the League of Minnesota Cities Insurance Trust. The League said there are no state statutes requiring pool fences. The League informed him that requiring or not requiring fencing does not affect the City's liability or its premium. Liability issues regarding pools are civil issues between private parties. However, he said, the League pointed out that a city's paramount moral concern is the safety of the public. From a purely liability standpoint, City Attorney Magnuson said requiring or not requiring pool fences will not have any affect on the City. Mayor Kimble suggested this is a private matter. He pointed out that most pool drownings involve persons from the pool owner's own household, not unattended children wandering into a neighbor's yard. He pointed out the City doesn't fence storm water detentions ponds, lakes or rivers. He also said he had been unable to find any report of a child drowning in a private pool in Washington County other than a case that occurred many years ago when a grandchild of the pool owner wandered out of the house and drowned. Councilmember Polehna said he was aware of an instance where the City of St. Paul was involved in a lawsuit because an individual climbed a fence around a city pool and drowned. After additional discussion, Councilmember Milbrandt called the question. It was clarified that the Ordinance requires that all swimming pools must be provided witha safeguards to prevent children from gaining uncontrolled access. Such safeguards can. Page 6 of 10 City Council Meeting - 05-11 June 21, 2( . be a cover, fencing, screening or other enclosure of sufficient density and strength as to be impenetrable. Motion by Council member Harycki, seconded by Councilmember Polehna to adopt Ordinance No. 961, an ordinance amending the Stillwater City Code; construction of swimming pools; fence regulations allowing the use of fencing or an impenetrable pool cover. Ayes: Councilmembers Harycki, Polehna and Mayor Kimble Nays: Councilmembers Junker and Milbrandt Possible approval of Findinas of Fact for the application of Jon & Danette Mulack Case No.. V/05-17 Motion by Council member Junker, seconded by Council member Polehna, to adopt Resolution 2005 140, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Denial of a Variance to the Lot Size Regulations (7,500 SO. FT. Required, 6447.5 SO. FT. Requested) for the Construction of a Residence Located at 213 Greeley Street North in the RB, Two Family Residential District. Case No. SUBN/05-17. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None . Possible approval of Findinas of Fact for the application of Anthonv Kerschbaum. Case No. V/05-11 Motion by Councilmember Polehna, seconded by Council member Milbrandt, to adopt Resolution 2005-141, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Approval of a Variance to the Lot Size Regulations (20,000 SO. FT.) Required, 13,500 SO.FT. Requested) for the Construction of a Residence Located at 2015 Lake Street in the RB, Single Family Residential District. Case No. SUBN/05-11. City Attorney Magnuson suggested including forwarding the findings to the DNR, as required by state law, as part of the motion. Council member Polehna agreed to so amend his motion; Councilmember Milbrandt also accepted the amendment. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Possible first readina of ordinance amendina the Citv Code relatina to fees stated in the City Code. . City Administrator Hansen said the ordinance, prepared by City Clerk Ward, relates to amending the City Code as it relates to specific fees that are no longer relevant or that the Council approves by resolution on the schedule of fees each year. Page 7 of 10 City Council Meeting - 05-11 June 21, 2( Motion by Council member Milbrandt, seconded by Councilmember Junker, to approve the first. reading of the ordinance amending the City Code relating to fees as prepared by Ms. Ward. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible appointment to Board of Water Commissioners Mayor Kimble said Bob Thompson is willing to accept reappointment to the Water Board. Motion by Council member Junker, seconded by Council member Polehna, to adopt Resolution 2005-142, appointment of Robert Thompson to the Board of Water Commissioners. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval to aDDlv for Assistance to Firefiahters Grant Proaram Fire Chief Glaser asked for approval to pursue a grant through the Assistance to Firefighters Grant program. The Homeland Security Office of Domestic Preparedness administers the program, he said. The grant provides for a cost sharing to enable cities. to have adequate staffing for fire response. The grant is for a five-year period. In the firs year, the grant provides for 90 percent or $36,000 for additional staff. After five years, the staffing is 100 percent the City's responsibility. Chief Glaser noted that applying for the grant does not commit the City to hiring any new personnel. If the City does receive a grant, then a decision can be made regarding any staff additions. The grant period closes June 28, he pointed out. Councilmember Harycki asked if the City will know whether it has been successful in its grant application for consideration during the budget process; Chief Glaser said he was unsure, but noted that information from the Fire Service Study, which is currently being conducted, should help in the decision making. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-143, approval to apply for Assistance to Firefighters Grant Program. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Discussion on McKusick Lake Condition and Potential Manaaement Actions Public Works Director Eckles said the condition of McKusick Lake is of some concern, especially to residents living along the Lake. He said a newsletter has been prepared updating residents on the situation. He noted that while the water quality actually has . improved, the aesthetics of the lake - an earlier than ever algae bloom - is of concern. He said he had asked Bonestroo, Rosene and Anderlik, the consulting firm that did the Page 8 of 10 . . . City Council Meeting - 05-11 June 21, 2( original management plan for the lake, to submit a proposal on the cost of conducting a study and making possible recommendations for action. Bonestroo's cost estimate ($1,500) for gathering data and presenting a report and recommended actions was included in the agenda. Councilmember Milbrandt stated he had received many calls regarding the condition of the lake and moved to accept the proposal from Bonestroo. Council member Junker seconded the motion. Council member Polehna suggested that the City should look at other lakes as well. He noted that he had received many calls regarding the condition of Long Lake, which, he said, is more weed-choked than McKusick. Mr. Eckles noted that Long Lake is under the authority of the Brown's Creek Watershed District. The Watershed District has applied for a grant and is planning to study Long Lake. He also noted Watershed District's have independent taxing authority and funding. McKusick and Lily Lake are under the jurisdiction of the Middle St. Croix Water Management Organization. WMOs do not have taxing authority and generally the individual communities in the WMO undertake projects. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-144, accepting proposal from Bonestroo, Rosene, Anderlick & Associates relating to McKusick Lake. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Milbrandt asked Police Chief Dauffenbach to discuss the situation regarding motorcycle noise. Chief Dauffenbach noted the problem is becoming more prevalent and the subject of increasing complaints. He said his department has been issuing citations and is taking enforcement action. He suggested that part of the problem is the fee structure, which doesn't really act as a deterrent. Chief Dauffenbach said the City could institute its own fee and said he was planning to discuss the issue of implementing a number of City fines/fees at budget time. Administrator Hansen pointed out that last year, this topic was the subject of several newspaper articles, and he said he wanted to make clear that the City was not targeting anyone in its enforcement. Councilmember Polehna reminded Council members of the upcoming open house regarding Manning Avenue to be held at Aamodt's Apple Farm. ADJOURNMENT Motion by Councilmember Harycki, seconded by Councilmember Junker, to adjourn at 8:05 p.m. All in favor. Jay L. Kimble, Mayor Page 9 of 10 City Council Meeting - 05-11 June 21, 2l ATTEST: . Diane F. Ward, City Clerk Resolution 2005-135, directing payment of bills Resolution 2005-136, Approving regular, full-time employment of Sharon Harrison as Finance Director Resolution 2005-137, Resolution Designating the National Incident Management System (NIMS) as the basis for all Incident Management in the City of Stillwater Resolution 2005-138, approval of Change Order #1 for the 2005 Street Improvement Project (Project 2005-02) Resolution 2005-139, setting sanitary sewer fees for North Hill and extend mandatory hookups Resolution 2005 140, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Denial of a Variance to the Lot Size Regulations (7,500 SO. FT. Required, 6447.5 SO. FT. Requested) for the Construction of a Residence Located at 213 Greeley Street North in the RB, Two Family Residential District. Case No. SUBN/05-17. Resolution 2005-141, Approval of Resolution Adopting Findings of Fact, Conclusions and Order Related to the Approval of a Variance to the Lot Size Regulations (20,000 . SO. FT.) Required, 13,500 SO.FT. Requested) for the Construction of a Residence Located at 2015 Lake Street in the RB, Single Family Residential District. Case No. SUBN/05-11. Resolution 2005-142, appointment of Robert Thompson to the Board of Water Commissioners. Resolution 2005-143, approval to apply for Assistance to Firefighters Grant Program Resolution 2005-144, accepting proposal from Bonestroo, Rosene, Anderlick & Associates relating to McKusick Lake. Ordinance No. 960, an ordinance amending Chapter 43 of the Stillwater City Code "Liquor License" Ordinance No. 961, an ordinance amending the Stillwater City Code; construction of swimming pools; fence regulations allowing the use of fencing or an impenetrable pool cover. . Page 10 of 10 . Cit~ Ob g tlQQwatetl. uU i~~egota cp tlocQamaHo~ e. WHEREAS, Sweet Adelines International is a worldwide organization of women singers committed to advancing the musical art form of barbershop harmony through education and performance; and WHEREAS, Sweet Adelines International boasts a membership of 26,000 women worldwide and will be celebrating its 60th year of "Harmonizing The World"; and . WHEREAS, the City of Stillwater is headquarters to the Vallee de Croix Chorus, a chapter of Sweet Adelines International for 23 years; and WHEREAS, the Vallee de Croix Chorus and Sweet Adelines from all over the world will be joining in song the week of July 10th to celebrate the 60th anniversary of Sweet Adelines International; and THEREFORE, I, JAY L. KIMBLE, Mayor of the City of Stillwater, Minnesota do hereby call upon all citizens of Stillwater to observe the week of July 10, 2005, as Barbershop Music Appreciation Week. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of Stillwater this 5th day of July, 2005. uUa~olt ~ LIST OF BILLS . EXHIBIT" A" TO RESOLUTION #2005-145 . . I ~ A-1 Hydraulic Sales & Service Acoustic Associates, Inc. Action Rental, Inc. ADP Screening & Selection Aggregate Industries AMEM American Payment Centers Aspen Mills Breezy Point Bonestroo Rosene Anderlik & Associates Buberl Black Dirt, Inc. Carquest Chris Amdahl Locksmith, Inc Clark, Luann Coca Cola Enterprises E Z Sharp Emergency Apparatus Ergometrics Force America Galles Corp. Grafix Shoppe Hillyard I T L Patch Co. Ice Skating Institute IKON Office Solutions Infratech, Inc. Integra Interstate All Battery Jay Brothers Johnny's TV Krongard, Les League of MN Cities Legislative Associates, Inc Lockrem, Richard M J Raleigh Truck Co. Mac Queen Equipment Magnuson Law Firm McNamara, Sheila Menards MLM Midwest Lumber Minnesota MN County Attorneys Assoc. MTI Distributing National Trust for Historic Preservation Neopost Newman Traffic Signs Office Depot Equipment Repair Supplies Bulletin Boards Liquid Propane Drug Screen Fill Sand Training Conference L. Dauffenbach, S. Glaser Box Service July - Sept Uniforms Housing for AMEM Conference Brown's Creek open space design 20 Yards black dirt picked up Equipment Repair Supplies Equipment Repair Cleaning at Public Works Soda for Concessions Grinding Wheel Vehicle Repair, Engine 6108 Application Fee Equipment Repair Supplies Supplies, Towels, Gloves Graphics for new squad cars Cleaning Chemicals Patches for Uniforms Skating Patches Maintenance Agreement Sewer Line Repair Telephone Batteries Stillwater Prison Wall Patch Cable, Coax Cable Equipment Repair Claim# 11051437 Billing for June Terra Springs Building - Pod 5 Black Dirt & Class 5 Gravel Hydro Excavating Legal Professional Services Mileage to Training class Supplies Grading Escrow Refund MCAA Drunk Driving CLE Equipment Repair Supplies Membership/Dues Maintenance Agreement Signs for North Hill Project Office Supplies 2.04 489.90 101.18 40.00 176.85 240.00 78.00 111.00 960.00 16,533.64 213.00 767.33 976.19 140.00 875.40 289.68 2,742.17 25.00 9.61 835.34 505.88 480.07 176.00 45.90 1,284.00 1,800.00 927.43 400.23 68,044.66 69.19 202.50 500.00 3,833.33 9,800.00 607.26 2,396.25 6,989.43 25.92 161.98 5,000.00 155.00 269.39 20.00 1,325.00 847.87 150.62 EXHIBIT" A" TO RESOLUTION #2005-145 Oxygen Service Co. PC Solutions Pioneer Press Positive Promotions, Inc Postmaster Putman Planning & Design Quill Reed Business Information Regions Hospital Rose Floral Salverda Well Co. Seal Master Sherwin Williams Simplex Sprint PCS St. Croix Homebuyers Inc. St. Croix Recreation Co. St. Joseph Equipment Stiles Appliance Service Stillwater Collision Restoration Stillwater Gazette Stillwater Motor Company Steicher's Stripe a Lot T. A. Schifsky & Sons, Inc. The Ammonia House, Inc. The Rottlund Co The Watson Company Thomas Ernest Tower Asphalt Tri State Bobcat, Inc. United Laboratories US Bank Valley Trophys Inc. Washington County License Center Wally Carlson & Sons, Inc. Yocum Oil Co. MANUALS JUNE 2005 Comcast Insight GFOA Minnesota Department of Health Minnesota Department of Public Safety Minnesota Pollution Control Agency Post Board Supplies Maintenance Agreement Publishing Brochures Postage for the July '05 News Letter Concept Planning for the City of Stillwater Office Supplies Pine & Myrtle Concrete Rehab Quarterly BLS Training Bedding Plants Repair to well and pump at Brown's Creek Street Sealing Supplies Setfast White Paint Building Repair Cell Phone Grading Escrow Refund Tot Seat Hose Assy. Equipment Repair Squad Repair Publishing Equipment Repair Belts, Holsters, & Clips Crosswalk & Parking Lot Striping Asphalt Equipment Repair Supplies Grading Escrow Refund Ice Cream for Concessions Ear Molds for Police South Main Street Parking Improvement Equipment Repair Supplies Wasp Whacker Paying Agent Fees Trophy, Logo, and Engraving Registration for Police Diesel Fuel Fuel Cable Modem Cables CAFR Review Fee for 2004 Plan Review Fee Title Transfer Application Fee Peace Office License, Austin Peterson Page 2 \ . 126.77 48.00 583.00 431.91 1,068.29 2,971.00 2.85 262.60 291.00 450.20 675.00 256.67 93.67 717.39 107.81 1,500.00 187.49 66.66 130.00 972.00 129.61 . 106.00 235.64 1,690.00 628.35 1,323.20 1,500.00 260.61 350.00 53,800.49 241 .20 446. 11 402.50 75.99 9.50 908.02 1,904.68 68.33 168.00 415.00 150.00 . 13.50 240.00 90.00 . . . EXHIBIT" A" TO RESOLUTION #2005-145 Qwest Schwartz, Jane & Webster Contracting Washington County Historical Society Xcel ADDENDUM TO BILLS ArtReach Board of Water Commissioner Cartridge World Jansen's Cleaning Lions Club Mac Queen Met Council MN State Treasurer Qwest RiverTown Newspaper Group Thul Specialty Contracting Tschofen, Carmen US Bank Xcel Adopted by the City Council this 5th Day of July, 2005 Page 3 Telephone CDBG Sewer Installation Payment of Interest & Principal, Bond 2003HS Electricity/Gas Operating Support June Water Meter Report Ink Cartridge Maintenance Dues & Meals Shaft & Hose Guide June Service Availability Charge Building Code Surcharge Telephone Publishing Repair Manhole Stillwater and Mays Addition Survey GO Capital Outlay Bond 93C Electricity & Gas 666.98 5,600.00 34,200.00 13,238.17 2,000.00 31,878.00 170.40 170.00 100.00 1,479.52 61,726.50 10,369.85 255.40 94.90 1,595.00 3,046.25 200.00 22,609.61 TOTAL 397,123.86 LIST OF BILLS . EXHIBIT" A" TO RESOLUTION #2005-145 . A-1 Hydraulic Sales & Service Acoustic Associates, Inc. Action Rental, Inc. ADP Screening & Selection Aggregate Industries AMEM American Payment Centers Aspen Mills Breezy Point Bonestroo Rosene Anderlik & Associates Buberl Black Dirt, Inc. Carquest Chris Amdahl Locksmith, Inc Clark, Luann Coca Cola Enterprises E Z Sharp Emergency Apparatus Ergometrics Force America Galles Corp. Grafix Shoppe Hillyard I T L Patch Co. Ice Skating Institute IKON Office Solutions Infratech, Inc. Integra Interstate All Battery Jay Brothers Johnny's TV Krongard, Les League of MN Cities Legislative Associates, Inc Lockrem, Richard M J Raleigh Truck Co. Mac Queen Equipment Magnuson Law Firm McNamara, Sheila Menards MLM Midwest Lumber Minnesota MN County Attorneys Assoc. MTI Distributing National Trust for Historic Preservation Neopost Newman Traffic Signs Office Depot . Equipment Repair Supplies Bulletin Boards Liquid Propane Drug Screen Fill Sand Training Conference L. Dauffenbach, S. Glaser Box Service July - Sept Uniforms Housing for AMEM Conference Brown's Creek open space design 20 Yards black dirt picked up Equipment Repair Supplies Equipment Repair Cleaning at Public Works Soda for Concessions Grinding Wheel Vehicle Repair, Engine 6108 Application Fee Equipment Repair Supplies Supplies, Towels, Gloves Graphics for new squad cars Cleaning Chemicals Patches for Uniforms Skating Patches Maintenance Agreement Sewer Line Repair Telephone Batteries Stillwater Prison Wall Patch Cable, Coax Cable Equipment Repair Claim# 11051437 Billing for June Terra Springs Building - Pod 5 Black Dirt & Class 5 Gravel Hydro Excavating Legal Professional Services Mileage to Training class Supplies Grading Escrow Refund MCM Drunk Driving CLE Equipment Repair Supplies Membership/Dues Maintenance Agreement Signs for North Hill Project Office Supplies 2.04 489.90 101.18 40.00 176.85 240.00 78.00 111.00 960.00 16,533.64 213.00 767.33 976.19 140.00 875.40 289.68 2,742.17 25.00 9.61 835.34 505.88 437.79 176.00 45.90 1,284.00 1,800.00 927.43 400.23 68,044.66 69.19 202.50 500.00 3,833.33 9,800.00 607.26 2,396.25 6,989.43 25.92 161.98 5,000.00 155.00 269.39 20.00 1,325.00 847.87 150.62 EXHIBIT" A" TO RESOLUTION #2005-145 Oxygen Service Co. PC Solutions Pioneer Press Positive Promotions, Inc Postmaster Putman Planning & Design Quill Reed Business Information Regions Hospital Rose Floral Salverda Well Co. Seal Master Sherwin Williams Simplex Sprint PCS St. Croix Homebuyers Inc. St. Croix Recreation Co. St. Joseph Equipment Stiles Appliance Service Stillwater Collision Restoration Stillwater Gazette Stillwater Motor Company Steicher's Stripe a Lot T. A. Schifsky & Sons, Inc. The Ammonia House, Inc. The Rottlund Co The Watson Company Thomas Ernest Tower Asphalt Tri State Bobcat, Inc. United Laboratories US Bank Valley Trophys Inc. Washington County License Center Wally Carlson & Sons, Inc. Yocum Oil Co. Supplies Maintenance Agreement Publishing Brochures Postage for the July '05 News Letter Concept Planning for the City of Stillwater Office Supplies Pine & Myrtle Concrete Rehab Quarterly BLS Training Bedding Plants Repair to well and pump at Brown's Creek Street Sealing Supplies Setfast White Paint Building Repair Cell Phone Grading Escrow Refund Tot Seat Hose Assy. Equipment Repair Squad Repair Publishing Equipment Repair Belts, Holsters, & Clips Crosswalk & Parking Lot Striping Asphalt Equipment Repair Supplies Grading Escrow Refund Ice Cream for Concessions Ear Molds for Police South Main Street Parking Improvement Equipment Repair Supplies Wasp Whacker Paying Agent Fees Trophy, Logo, and Engraving Registration for Police Diesel Fuel Fuel Page 2 . 126.77 48.00 583.00 431.91 1,068.29 2,971.00 2.85 262.60 291.00 450.20 675.00 256.67 93.67 717.39 107.81 1,500.00 187.49 66.66 130.00 972.00 129.61 106.00 235.64 1,690.00 628.35 192.34 1,500.00 260.61 350.00 53,800.49 241.20 446.11 402.50 75.99 9.50 908.02 1,904.68 . . . . . , L RESOLUTION 2005-146 APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR STILLWATER K.C. HALL LOCATED AT 1910 SOUTH GREELEY STILLWATER, MN WHEREAS, the Stillwater K.C. has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at Stillwater K.C. Hall, 1910 South Greeley Street, Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license located at Stillwater K.C. Hall, 1910 South Greeley Street, Stillwater, MN, as requested by the Stillwater K.C. The City Clerk is directed to attach a copy of this Resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 5th day of July, 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk 05/09/2005 08:25 12183255420 ACS GRAND RAPIDS PAGE 02 ~ ../ .;:; , Name of 18gal owner of pramlse8 BUlllne8s/slr88t address ~t~C1vd O/~~ l'TtJ:d... S"o '>rY!~/~r Name of 16880r Business/street address (If same aa legal owner, write In 'SAME') sr.! fw~~1G~.Ht1--((. L..~)ruas;b~~d~" - S1;J/wa't~"/ I#IJ 5~ ~s/-l.f3tZrd?'I Name of leasoo premises Streel address City Zlp Daytime phone ~I/wqfe'" k'.C. /-ItJ,-!1 - J1M.5. r;~t:"'t'!!Cf./ -sr;/lwrJr.:-Y"'_ M/./ 5:57lB'::J.. lS"J-Y3P-3;)?o/ Name of leeeee (organization leaafng the premises) , Organlzalioo licenSe numb&!- Daytime phone .<::;&d"ftu.~ CPS~V (PU-hd/I J'~~ 19/~S ~~i!flt:v -sr;' (fWd r~rr. h1A./~ F' 2- . Rentlnformatlon. ~/- 'r 30 - ,J'.;J";' ~ (for 1ldiY/ty Involving pull-tabs, t1pbo;,r-ds, DQcldlewtleels, and pull-tab dispensing devices. No IBase required for raffies.) Booth .. .:,. n - SlIIes of fI!Imbllng equIpment by an employee (or Dllf openltlon . 5llles of gambltn\? equipment wlthln a leased volunteer) of a licensed organlZ1ltlon wltl'lln 8 GelpllfMe ~ndosull! that 15 premises by an employee of the 16Sror from II CDmmon area where ~~~~~~~~d~~~~~_____~~~~~~~~~_______, . , DoM your O'1l12nlUllt:lon OR. any other orgllnr~n conduct gambhng . !'rom a booth 0geratlon at tnr. location? ~ Y.. No L____________________________________J If you answered yes to the question above, rent Ilmfts are If you answered no to ttle questlon above, rent IImlts:!lre ~on the following romblnatfons of u...o:.. ",Jon: based on the following romblnal:lons of ~oo: < J' 600ttt gPeratlon",::> . ~r opet:!ll1on ~ 6OOtt\ opergbOll and pull-tBb dispensIng device Bar operation with pull-~b dispensing device . Booti1 operation and bar o~on - Pull-tab dispensing device only . Booth operation, bar operation, :!Ind pull-tab d:!speri5!ng device Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity Clty Slate Zip SLJh.,u elf ~. 1# U ~5CB;)" ~/-Lf3"- 8$ >' S- City , Stata Zip DaytllTl!l phone ;<co ?y I . 11/04 Page 1 of 2 DaytllTl!l phone The maxlmum rent allowed ~y not exceed \he limits e:sblbllshed under Minnesota Statute 349.18, Subd. 1(b)( 4). The limit as of MllY I, 2004 fs $1,750 In IDblI per month fora" Grgilnlzatlons at lt1ls premls@s. The maximum rent allowed !NY not exceed the limits estJbUshed under MInnesota Stat:utl': 349.18, Subd. 1(b)(4). The limit as of May 1, 2004 Is $2,500 In total per month for 3/1 organizations at this premises. Complete one option: Option A: 0 to 20% of the gross profits per month. Perc:ent3ge to be 'pard % . COmpJeta ona option: Option A: 0 to 10% of the gross proflts per month, Perceritage to be paid % Opdon II: When g~ profits are $4,000 or Ie!;!; p8' month, $0 to Optfon B: When gross profits aN! $1,000 or less per month, $0 to $400 Jl@r month lmIy be paid. Amount to be paId'!' .$200 per month l1'\ay be paid. Amount to be paid $ Option C: $0 to $400 per morrttJ may be paId on the first $4,000 Option C: $0 to $200 pet lTlOfIth INIY be paid on the ftrst $1,000 of gross profit. Amount to be paid $ . Plus 0% 10 of gross profltb. Amount to be paid $ . Plus 0% to 100/0 of. the gross profIlE may be paid per month on gross proflls 2ooA, of lt1e 91"0$$ profits may be paid per month on gross proffts over $4,000. P~ge to be paid % over $1,000. Percentage 10 be paid 0/0 OIeck .UIIdMtf.. that wfll be conducted: . . i }(yull-tabs _Pull-~bs with dispensing de\1a! _ iipboards _~eeI -Jaddlewheel with 11Ib/8 ,.,~.::,.2:~~s /77 .... (; Rent Information: Bingo /..~':l' ..l. ><9 Bingo and/or Bar Blnvo Occasions ' Noon Hour Bingo Oa:asfons 1",-:; T..!) Rent for bingo and all other gambling actMtles . J .:0. :,. ,. r:J'VED ~ ~ durl~ a blnCJo OCl:asfon ~y not ~: Rent may not exceed $25 per day ~"noon tiOu~ I l ...;. ~ · $200 per v~on for up to 6 000 5q\J!re feet) bingo conducted between 11 i!l.m. ~ 2 p.m. at a .... . w per u-....o.:olon for up to l~,uw $qUare teet premIses with a license for the sale/&lntoxl~ng ,:;;5 ., ~ · $400 per OCCi'lsJon for more than 12,000 square feet beverages on the premises. \ I~ \ .; .antral ~ I . $25 per ...........,lon for bar bingo conducted at any tlme In a Rent to be Id bl r \~_:, ..:~ ..- bar (/'e9i'lrdless of square rv~,=, ;:.;). Your organlZ2rtlon ~ per ngo oa:as on ~,\~... .-):,~).' must conduct another form of ~l gamblIng, and the r f'or .ny ~ bIngo actMtv not prwvtou-;;;7"::1, ;:' {. " ,?', . \. .. premIses must serve Intoxlc:aling liquor or 3.2 percent I Included In II prernr.. Permft ApplIC3tlon, . ( ..1 (, I .. " malt beverages. 00 I Itttact\ II eepanata Iheet of paper 1Istinsl the Rent to be paid per bingo oo::aslon $. dot;) - da~ and /lou,.. that bingo wfll be conducted. I 1-______________.J. Amended tf thiS Is an arT1Mded lease showing ~ oo::uning during the teIm of the o.wrent ~ permit, both parties Laas thIlt signed the lease rrostwtfalancl date zil m.. .,,<..>. O1anges must be subrrit1ed to the GlIrrbIIng Control Board . Only e ~ ~eNt 10 days ~..lo the, change. Wrtte In the dare that the ~noes will be ~ I I . !1I~.I. "",.-w;~~!4U~ 0rganIUtI0n Date LOCATION:12183265420 RX TI ME 06/27 '05 12:59 ..: . . . 05/09/2005 08:25 12183255420 ACS GRAND RAPIDS PAGE 03 LG215 Lease for Lawful Gambling Activity Leese Tflnn - The term of this lease agreement will be concurrent with tile premises permrt Issued by tI1e Gambling Control Board (Board). M.nagement of G.mbllng Prohlblt8d - The owner of the premises or me lessor wlll oot manage me conduct of gambling at the premises. Pllrtldpation .11 Plllyers Pl'Ohlblt8d - The lessor, the lessor's immediate famlty, and any agents or gambling employees of the lessor will not pllrtlC1pate as players In ttle conduct of lawful gambling on tile premises. Illegal Gambling . The lessor ls aware of the prohibition i!lgalnst lIIegal gambling In Minnesota Statutes 609.75, and the penalties for Illegal ~blJng vlo1!lt1ons In MlnnesDta Rules 7861.0050, SUbpart 3. . To the best of the Jessor's knowledge, the lessor affirms tnat any and all games or devices located on the premises are not being used, and are not capable of being used, In a manner that violates the prohlbltJons i!lg2llnst Illegal gamblll'g In Mlnneso~ Statutes 609.75, and the penalties for illegal gambling vlolatlons In MinnesotB Rules 7861.0050, Subpart 3. . Notwltl1st.anding Minnesota Rules 7861.0050, SUbpart 3, an organization must contlnue making rent payments, pursuant to tile terms of me lease, if the organization or Its agents are found to be solely responsible for any ff!eg~1 gambling oonducted at that site mat Is prOhibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota Statutes 609.75, unless the organizatlon's ~ents responsible for the Illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modifY or terminate tile lease In ....mole or In part because the organizatIon reported to a state or local law enforcement autilorlty or the Board the occurrence ~t the site of Illegal gambling actMty In which the organlzatioo did not partldp~e. Othllr Prohibitions . The lessor will not Impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. 11/04 Pa\le 2 of 2 . The lessor. person residing In the same household as the lessor, the lessor's Immediate family, ~nd any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. . If there Is a dispute as to w'hether any of these lease provisions have been vio~ted, me lease will remain In e1'T'ect pending a final d.:.l.c.." ,inatJon by the Compliance RevIeN Group (CRG) of the Gambling Control Board. . The lessor shall not modify or terminate thIs lease In whole or in part due to the lessor's vIOlation of the provisions listed in this lease. Arbitration Process' The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the eRG. Access to pennltted premises. The Board and Its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have aa;ess to the permitted premises at any reasonllble tlme during tne business hours of the lessor. The organization has aa:ess to the pennltted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor nilCordS - The lessor shall maintain a record of all money received from tile organlzatlon, and make the record available to the Board and Its agents, and the commissioners of revenue and pUblic safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. Rent ail-inclusive - Amounts paid as rent by the organization to ttle lessor are all-lncluslve (except bingo rent). No ottler services or expenses provided or contracted by the lessor may be paid by the organization, Including but not limited to trash removal, janitorial and cleaning servlces, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utllltles or services, and in the case of ~r operations, cash shortages. Any other expenditures made by an organization that Is related to a leased premises must be approved by the director of the Gambling COntrol Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms All obli\;lations and agreements are cont2lln~ In or attached to this I~ase and are subject to the approval of the director of the Gambling Control Board. I affirm thM the lease information Is the total and only agreement between me lessor and the organization. There is no other agreement Bnd no other consideration required between me parties as to the lawful gambling and other matters related to the lease. Any changes In thiS lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the chi!lnge. If a renegotlated lease Is made due to a change In ownership, the new lease will be submitted within 10 days after the new I~r has assumed ownership. Other Terms or condition.: _,>or.... -Dolo I I ~o""'_-_~ """ a- -A,-,b -cI-... I-J ~~/~-dlrJlH~~ J ~/~~r P~rne and till. of laasor.. A PfIrd ",me and tllle of IenetI I K,G)tAKD N. IJLS eN' x.'tYw:rff f./~t""I Wl~c.h ~ ,'dt -1Ia.-U JVftI V Questions on this form should be directed to the Ucenslng Section of the Gambling Control Board (Board) i!lt 651-639-4000. This publi~"tion will be mllde available In alt~matJve format (I.e. Illrge print, Braille) upon request. If you use Il nY, you can call the Board by uSln~ the Mlnnesot! Relay Service and asic to place a call to 651-G3!:t-4000. Th!! Informi;lt/on requested on this form will become publiC' Information when received by the Bearo, and will be used to determine your compliance wlUl Mlnnesotll statvtes and rules goveming lawful gamblfl'lg activities. LOCATION: 12183265420 RX TIME 06/27 '05 12:59 . . e L- RESOLUTION 2005-147 APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR AMERICAN LEGION POST 491 LOCATED AT RUBY BEGONIAS, 112 N. MAIN STREET, STILLWATER, MN WHEREAS, the American Legion Post 491 has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at Ruby Begonia, 112 N. Main Street Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license located at Ruby Begonias, 112 N. Main Street, Stillwater, MN, as requested by the American Legion Post 491. The City Clerk is directed to attach a copy of this Resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 5th day of July, 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk ,/ ~ . Minnesota Lawful Gambling LG214 Premises Permit Application (see Required Attachments on Page 2) Annual Fee $150 6/03 Page 1 of 2 FOR BOARD USE ONLY Check # $ Organization information Orwnization name 0 1--/~j6f.1111 L-<:A ,tON 11 65f Lf9r Name of chief executive officer' (CEO) V,qf/L,J< L~A-A( G'ambling premises information Name of establishment where gambling will be conducted {Cvb'1 b~l oN- ,'A~ Oty or township S \ l L "L kJ 4ft: fL wAs.l::tp\.l (.,.-TO'" Does your ~nization own the buDding where the gambling will be conducted? _Yes p.-No If no, attach lG215 lease for Lawful Gambling ActIvity Gambling bank account information Organization license number A ~ov tlh 7- Daytime phone number ((?~I ) ~~1- S-Y" 3 Street address (do not use a P.O. box number) I I '(. (}t, MArt\! $\ . County Zip code ~J6 t2- Bank name Bank aa:ount number J:::..J4:/- Shh:: ~ I~st . Bank street address Oty State/Zlp code q 50 1\/ ~ I:d> S+. ~ A-t ocrJ' b~u" u;:s-z, 0 3 . - . Address(es) of off-site storage space of gan\bling equipment related to this site Address (Do not use a P.O. box number) oty State/Zip code JJ97 N. "3 &b 51. bALlDoJ 10N 5300 J I' Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion must be at least 1-1/2 hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per week. ~ ~ ~innlna/Endina Hours // to to to to ~ to to to to to Noon hour bingo Noon hour bingo must be conducted between 11:00 a.m. and 2:00 p.m. on a leased ....""..jses which must have a license for the sale of intoxicating beverages on the premises under chapter 340A. Check the day(s) that noon hour _ bingo will be conducted. _ _Sunday _Monday _Tuesday _W..:.J..-=day _Thursday _Friday _Saturday Your name and address will be public i"fu, ".ation when received by the Board. All the other information that you provide will be private data about you until the Board issues Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that: 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7.~ Inde d that faif~re to rovide required information or providing false or misleading information may result in the ni or ~ocation e license. -;;ZLf:ftJ ~~ ( -d I~ (j.r Signature ;--~e~ Executwe Officer (Designee may not sign) Date Print name fA} fL: d<. . LG214 Premises Permit Application Data Privacy The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your application. This form may require the disdosure of your social security number. If so, your social security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your social security number is found at 42 U.S.c. 405 (c)(i). . 0. L<:fi4J , ReqUired Attachments 1. If the premises is leased, attach a copy of your lease. Use form LG215 lease for lawful Gambling Activity. 2. Attach the resolution from the local unit of government (dty or county) which shows approval of your application. 3. For each premises permit application, a $150 annual premises permit fee is required. Make the check payable to the "State of Minnesota." . Mail the application with attachments to: Gambling Control Board 1711 West County Road B, Suite 300 South Rosevilte, MN 55113 Page 2 of 2 6/03 your premises permit. When the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your social security number; which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff 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 agendes; anyone pursuant to court order; other individuals and agendes that are specifically authorized by state or federal law to have access to the information; individuals and agendes for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your consent. NaTE: There is a monthly regulatory fee of 0.1% (.001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the Gllawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? Call the Ucensing Section of the Gambling Control Board at 651-639-4000. If you use a m call the Board by using the Minnesota Relay Service and ask to place a call to 651-639- 4000. This form will be made available in alternative format (i.e. large print. Braille) uoon reauest. . . . RESOLUTION 2005-148 APPROVING 2004 -2006 LABOR AGREEMENT BETWEEN THE CITY OF STILL WATER AND MN TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING THE STILL WATER PUBLIC MANAGER'S ASSOC. BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the 2004- 2006 labor agreement between the City of Stillwater and MN Teamsters Public and Law Enforcement Employee's union, Local No. 320, representing the Stillwater Public Manager's Association, is hereby approved. Adopted by the City Council this 5th day of July 2005. Jay Kimble, Mayor ATTEST: Diane F . Ward, City Clerk . LABOR AGREEMENT BETWEEN THE CITY OF STILL\VATER AND MINNESOTA TEAMSTERS PUBLIC AND LA \V ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILLWATER PUBLIC MANAGER'S ASSOCIATION . January 1,2004 - December 31,2006 e . TABLE OF CONTENTS ARTICLE PAGE ARTICLE I PURPOSE 0 F AGREEl\JENT ...................................................................................................... 3 ART I CL E II R ECOGN I TI ON ....... .... ....................... .......... ................. .......... ...... ..... ............. .... .......................... 3 ART I CL E I I IDE FIl'\ I TI () N S ........................ ........ ...... .... ........... ....... ................. ......... ...................... ................... 3 ARTICIJ'~ IV Ei\lPLOYER SECURITY .............................................................................................................4 ARTI CLE V E1\ I PLOVER A UTHORITY ......................................................................................................... 4 AR TI CLE VI U NI ON S EC URITY ....... ..................... ............................... ............... ......... ........... ......................... 4 ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ........................................................ 5 7.1 DEFJNlTJON OF A GRIEVANCE ..........................................................................................................5 7.2 UNION REPRESENTATIVES .................................................................................................................5 7.3 PROCESSING OF A GRJEVANCE.......................................................................................................5 7.4 PROCEDURE.. ..... ......... ....................................................................................................................... ..... 5 7.5 ARBlTRA TOR'S AUTHORlTY ...............................................................................................................6 7 .6 WAIVER..................... ......................... .......................................................... .......... ...... .......... ........... ...... 6 ARTI CLE VIII SAVIN GS CLA USE ........................................................................................................................ 7 . ART I CLE IX DISC IPLINE........................... ........................................................................................................ 7 AR TI CLE X SALARIES...... .............................................. ......................... ........................................ ............. .... 8 ARTICLE XI CONSTITUTIONAL PROTECTION ..........................................................................................8 ARTICLE XII SICK LEAVE .................................................................................................................................... 8 ARTICLE XIII SEVERANCE PAY ......................................................................................................................... 9 AR TI CLE XIV H OLID A YS ... ................................................................................................................................. 10 AR TI CLE XV VA CA TI ON ..................................................................................................................................... 10 AR TI CLE XVI IN SURi\N CE ................... .............................................................................................................. 11 AR TI CLE X VII \V AIV ER............................................ ................................ ............................ ...................... ......... 11 ARTI CLE XVIII DURl\ TI ON ................................................................................................................................ 12 APPEN D IX A................................................... ................................ .... .... ............ ................ ............................. ... 13-18 A P PEND IX B ........................................................ ..... ........ ...... ............. ......................... ..... ...................... ....... ......... 19 . Stillwater Managers Association 2004.2006 ulbor Agreement Page 2 of 19 LABOR AGREEMENT BET\VEEN THE CITY OF STILL\VATER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILL\VATER PUBLIC MANAGER'S ASSOCIATION . ARTICLE I PURPOSEOFAGREEMENT This AGREEMENT is entered into as of January I, 2002 between the City of Stillwater, hereinafter caIled the EMPLOYER, and Minnesota Teamsters Public and Law Enforcement Employee's Union, Local No. 320. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutuaIly beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the tenns and conditions of employment for the duration of the AGREEMENT. . ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section I 79A.03, Subdivision 14, for all supervisory personnel under BMS Case 92-PTR-I391 excluding the City Coordinator and all non supervisory employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shaIl be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Minnesota Teamsters Public and Law Enforcement Employee's Union, Local NO. 320. 3.2 UNION MEMBER: A member of the Union. 3.3 EMPLOYEE: A member ofthe exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of StiIlwater. 3.5 UNION OFFICER: Officer elected or appointed by the Union. 3.6 PROBATIONARY PERIOD: Newly hired employees shaIl serve a probationary period of one year (12 months from the date of hire). Probationary employees a may be terminated at the sole discretion of the EMPLOYER. .. Stillwater Managers Association 2004-2006 Llbor Agreement Page 3 of 19 . ARTICLE IV ElVIPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other intemlption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perfom1 any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion ofthe EMPLOYER to modiry, establish or eliminate. . ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes I 79A.06, Subdivision 3, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 UNION STEWARD. The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a reasonable amount of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. 6.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. e Stillwater !\1anagers Association 2004-2006 Lahor Agreement Page 4 of )9 ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . 7.1 DEFINITION OF A GRIEVANCE A hrrievance is defined as a dispute or disagreement as to the interpretation or application of the specifIc tenns and conditions of the AGREEMENT. 7.2 UNION REPRESENT A TIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EM P LOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. . 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Steo I. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step I and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Steo 2. If appealed, the written grievance shall be presented by the UNION and a discussed with the EMPLOYER-designated Step 2 Representative. The _ Stillwater Managers Association 2004-2006 Labor Agreement Page 5 of 19 . 7.5 . . 7.6 EMPLOYER-designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten ( 10) calendar days following the EMPLOYER-designated Representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Steo 3. A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1 971 , as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Public Employment Relations Board. ARBITRATOR'S AUTHORITY a. The arbitrator shall have not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect oflaw. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties ab'Tee to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express tenns of the AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the Stillwater Managers Association 2004-2006 Labor Agreement Page 6 of 19 specified time limit or any agreed extension thereof, it shaJl be considered settled . on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States. the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. . 9.2 Suspensions, demotions and discharges will be in written fonn. 9.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 9.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 9.5 Discharges of non-veterans will be preceded by a five (5) day suspension without pay. 9.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 9.7 Grievances relating to this Article shall be initiated by the UNION in Step 2 of the Grievance Procedure under Article VII. . StillwJter Mamgers Association 2004- 2006 Labor Agreement Page 7 of 19 . ARTICLE X SALARIES ] O. ] Emp]oyees shall be paid in accordance with the attached salary and longevity pay schedules marked Appendix A (salary) and Appendix B (longevity pay). ] 0.2 In the event an employee is promoted to a higher classification, the employees salary shall be increased by five percent (5%) to the next highest step of the higher classification. The employee shall also receive the longevity pay of the higher classification based on years of employment in any job classification, or any combination of job classifications, covered by this Agreement. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII SICK LEAVE ]2. ] . a. All full-time employees shall, after a tenn of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: J. If term of employment has been six (6) months, but less than two (2) years, two (2) weeks at full pay. 2. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9) weeks. 3. If term of employment has been 5 to 10 years, full pay for thirteen (13) weeks, half pay thirteen (13) weeks. 4. If term of employment has been 10 to 15 years, full pay for thirteen (13) weeks, half pay for thirty-nine (39) weeks. 5. If term of employment has been 15 to 20 years, full pay for twenty six (26) weeks, half pay for twenty-six (26) weeks. 6. If term of employment has been 20 to 25 years, full pay for thirty- nine (39) weeks, half pay for thirteen (13) weeks. 7. If term of employment has been 25 years or more, full pay for fifty- two (52) weeks. 12.2 No disability benefits shall be paid for absences in excess of three (3) consecutive days without a doctor's certificate as to sickness disability. 12.3 Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: Employees with less than five (5) years service shall earn a sickness disability leave time at the rate of one day for each . StiJJwater Managers Association 2004-2006 Llbor Agreement Page 8 of 19 c. month worked. Employees with five (5) years but less than ten (10) years service shall earn sickness disability leave time at the rate of one and one- half (1-1/2) days for each month worked. Employees with ten (10) or more years service shall eam sickness disability leave time at the rate of two (2) days for each month worked. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. For the purpose of this AJ1ic1e, the January] st immediately preceding the Employee's anniversary date of employment shall be used to detennine Employees tenn of employment. d. e. . 12.4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, ifhe assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between . the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be flgured on a pro rated basis with no deduction ofleave being made for that portion of the employee's absence which is covered by Worker's Compensation Insurance. 12.5 Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (I) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. 12.6 Sick leave usage will only be allowed for injury or illness of the employee and not for time off for any legal proceedings associated with an injury. ARTICLE XIII SEVERANCE PAY Any employee who leaves the employ of the City by retirement, resignation or death shall Stillwater Managers Association 2004-2006 Labor Agreement Page 9 of 19 . . . . receive pay for ] 00 percent (100%) of unused accrued vacation. Any employee who retires due to age or physical disability and are eligible to receive PERA retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a pennanent, full time position for a period of not less than ten (10) years. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided but in no event shall such death benefit exceed twelve (12) weeks of full pay. Sick leave used and not replenished during the employment period shall be subtracted from the sick leave benefit schedule to arrive at unused sick leave balance. A week shall be construed to be five (5) working days. ARTICLE XIV HOLIDA YS ]4.1 New Year's Day President's Day Independence Day Veteran's Day Day after Thanksgiving Christmas Eve Day or New Year's Eve Day Martin Luther King Day Memorial Day Labor Day Thanksgiving Day Christmas Day When a holiday falls on a Sunday, the following Monday shall be a holiday and when a holiday falls on a Saturday, the preceding Friday shall be a holiday. To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. 14.2 Immediately preceding the 1 st anniversary date of employment the employee shall be entitled to one additional floating holiday. ARTICLE XV V ACA TION 15.1 Employees shall be entitled to the following vacation schedule: From 0 through 12 months employment 5/6 day per month From 1 year through 4 years employment 10 days per year After 4 years through 10 years employment 15 days per year After 10 years through 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days. Stillwater Managers Association 2004.2006 tAlbar Agreement Page 10 of 19 15.2 Vacation time not to exceed 10 days may be used in the following calendar year. Any vacation time over the allowed maximum carry over of 10 days shall be forfeited at the end of the calendar year unless there is an extenuating circumstance as detennined by the employer. The employer shall not unreasonably deny vacation carry-over requests. There shall be a maximum of 35 days vacation during anyone (I) calendar year. . 15.3 For the purpose of this Article, January I st immediately preceding the Employee's anniversary date of employment shall be used to determine employees tcnn of employment. 15.4 The Employer reserves the right to limit the length of a continuous vacation period for Employees covered by this agreement due to operational considerations. ARTICLE XVI INSURANCE 16.1 Effective January 1,2004, the EMPLOYER will contribute up to Five Hundred Ninety-nine Dollars and eighty-two cents ($599.82) per month, per employee toward group health insurance coverage, including dependent coverage. Effective January I, 2005, the EMPLOYER will contribute up to Six Hundred Thirteen Dollars and eighty-two cents ($613.82) per month, per employee toward group health insurance coverage, including dependent coverage. . Effective January 1,2006, the EMPLOYER will increase monthly contribution by Fifty Percent (50%) of the increase in premium. 16.2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. ARTICLE XVII WAIVER 17.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 17.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. . Stillwater Managers Association 2004-2006 Labor Agreement Page) I of 19 . . . ARTICLE XVIII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January I, 2004 through December 3 1,2006. In the event a new AGREEMENT is not in effect January 1,2007, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 5th day of July 2005. FOR THE CITY OF STILLWATER: FOR THE MfNNESOT A TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE'S UNION, LOCAL NO. 320 REPRESENTING STILLWATER MANAGER'S ASSOCIATION: Stillwater Managers Association 2004-2006 L,bor Agreement Page 12 or 19 APPENDIX A-I Annual Salary Schedule Effective January J, 2004 . CLASSIFICA TION Entry J Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $ 75,534 $ 77,632 $ 79,731 $ 81,829 $ 83,927 Asst. City Engineer $ 62,384 $ 64,116 $ 65,849 $ 67,582 $ 69,315 Public Works Superintendent $ 61,671 $ 63,384 $ 65,097 $ 66,810 $ 68,523 Asst. Public Works Superintendent $ 54,211 $ 55,717 $ 57,222 $ 58,728 $ 60,234 Community Development Director $ 72,142 $ 74,146 $ 76,150 $ 78,154 $ 80,158 Police Chief $ 74,039 $ 76,096 $ 78,153 $ 80,209 $ 82,266 Police Captain $ 67,039 $ 68,901 $ 70,764 $ 72,626 $ 74,488 . Fire Chief $ 71,706 $ 73,698 $ 75,689 $ 77,681 $ 79,673 Asst. Fire Chief $ 60,567 $ 62,249 $ 63,932 $ 65,614 $ 67,297 City Clerk $ 53,946 $ 55,445 $ 56,943 $ 58,442 $ 59,940 Finance Director $ 73,561 $ 75,604 $ 77,647 $ 79,691 $ 81,734 Employees shall be paid according to employee's length of service in a classification. . Stillwater Managers Association 2004-2006 Labor Agreement Page 13 or 19 . APPENDIX A-2 Annual Salary Schedule Effective July 1, 2004 CLASSIFICA TION Entry 1 Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $ 75,801 $ 77 ,906 $ 80,012 $ 82,117 $ 84,223 Asst. City Engineer $ 62,384 $ 64, 11 6 $ 65,849 $ 67,582 $69.315 Public Works Superintendent $ 61,989 $ 63.711 $ 65,433 $ 67,155 $ 68,877 Asst. Public Works Superintendent $ 54,211 $ 55,716 $ 57,222 $ 58,728 $ 60.234 Community Development Director $ 72,142 $ 74,146 $ 76,150 $ 78,154 $ 80.158 Police Chief $ 74,597 $ 76,669 $ 78,741 $ 80,813 $ 82,885 . Police Captain $ 67,298 $ 69,168 $ 71,037 $ 72,907 $ 74,776 Fire Chief $ 72,069 $ 74,071 $ 76,073 $ 78,075 $ 80,077 Asst. Fire Chief $ 60,567 $ 62,250 $ 63,932 $ 65,615 $ 67,297 City Clerk $ 53,946 $ 55,445 $ 56,943 $ 58,442 $ 59,940 Finance Director $ 74,058 $ 76,115 $ 78,173 $ 80,230 $ 82,287 Employees shall be paid according to employee's length of service in a classification. . Stillwater I'danagers Association 2004.2006 Labor Agreement Page 14 of 19 APPENDIX A-3 Annual Salary Schedule Effective January], 2005 . CLASSIFICA TION Entry ] Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $ 77 ,97 1 $ 80,136 $ 82,302 $ 84,468 $ 86,634 Asst. City Engineer $ 64,189 $ 65,972 $ 67,755 $ 69,538 $ 71,321 Public Works Superintendent $ 63,866 $ 65,640 $ 67,414 $ 69,188 $ 70,962 Asst. Public Works Superintendent $ 55,566 $ 57,109 $ 58,653 $ 60,196 $ 61,740 Community Development Director $ 73,946 $ 76,000 $ 78,054 $ 80,108 $ 82,162 Police Chief $ 77,031 $ 79,171 $ 81,311 $ 83,450 $ 85,590 Police Captain $ 69,246 $ 71,170 $ 73,093 $ 75,017 $ 76,940 . Fire Chief $ 74,244 $ 76,306 $ 78,368 $ 80,431 $ 82,493 Asst. Fire Chief $ 62,081 $ 63,806 $ 65,530 $ 67,255 $ 68,979 City Clerk $ 55,415 $ 56,954 $ 58,493 $ 60,033 $ 61,572 Finance Director $ 76,418 $ 78,541 $ 80,664 $ 82,786 $ 84,909 Employees shall be paid according to employees length of service in a classification. . Stillwater Managers Association 2004-2006 Labor Agreement Page 15 of J 9 . APPENDIX A-4 Annual Salary Schedule Effective .July ], 2005 CLASSIFICA TION Entry I Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $ 78.245 $ 80,419 $ 82.592 $ 84.766 $ 86,939 Asst. City Engineer $ 64,435 $ 66,224 $ 68,014 $ 69,804 $ 71,594 Public Works Superintendent $ 64,193 $ 65,976 $ 67,759 $ 69,542 $71,325 Asst. Public Works Superintendent $ 55,566 $ 57,1 09 $ 58,653 $ 60, 196 $ 61,740 Community Development Director $ 73,946 $ 76,000 $ 78,054 $ 80,108 $ 82,162 Police Chief $ 77,601 $ 79,756 $ 81,912 $ 84,067 $ 86,223 . Police Captain $ 69,512 $ 71 ,442 $ 73,373 $ 75,304 $ 77,235 Fire Chief $ 74,616 $ 76,689 $ 78,762 $ 80,834 $ 82,907 Asst. Fire Chief $ 62,081 $ 63,806 $ 65,530 $ 67,255 $ 68,979 City Clerk $ 55,535 $ 57,077 $ 58,620 $ 60,162 $ 61,705 Finance Director $ 76,927 $ 79,063 $ 81,200 $ 83,337 $ 85,474 Employees shall be paid according to employees length of service in a classification. . Stillwater Managers Association 2004-2006 Llbor Agreement Page 16 of 19 APPENDIX A-S Annual Salarv Schedule Effective .January 1,2006 . CLASSIFICA TION Entry 1 Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $ 80,592 $ 82,831 $ 85,070 $ 87,308 $ 89,547 Asst. City Engineer $ 66,621 $ 68,471 $ 70,322 $ 72,172 $ 74,023 Public Works Superintendent $ 66,11 9 $ 67,955 $ 69,792 $ 71,628 $ 73,465 Asst. Public Works Superintendent $ 57,233 $ 58,823 $ 60,413 $ 62,002 $ 63,592 Community Development Director $ 76,164 $ 78,280 $ 80,396 $ 82,511 $ 84,627 Police Chief $ 79,929 $ 82,149 $ 84,370 $ 86,590 $ 88,810 Police Captain $ 71,597 $ 73,586 $ 75,574 $ 77,563 $ 79,552 . Fire Chief $ 76,855 $ 78,989 $ 81 , 124 $ 83,259 $ 85,394 Asst. Fire Chief $ 63,944 $ 65,720 $ 67,496 $ 69,272 $71,048 City Clerk $ 57,324 $ 58,916 $ 60,508 $ 62,101 $ 63,693 Finance Director $ 79,234 $ 81,435 $ 83,636 $ 85,837 $ 88,038 Employees shall be paid according to employees length of service in a classification. . Stillwater Managers Association 2004-2006 Labor Agreement Page 1 7 of 19 , . APPENDIX A-6 Annual Salary Schedule Effective July 1,2006 CLASSIFICA TlON Entry 1 Year 2 Year 3 Year 4 Year City Engineer/Public Works Director $ 80,592 $ 82,831 $ 85,070 $ 87,308 $ 89,547 Asst. City Engineer $ 66,874 $ 68,731 $ 70,589 $ 72,446 $ 74,304 Public Works Superintendent $ 66 ,119 $ 67,955 $ 69,792 $ 71 ,628 $ 73 ,465 Asst. Public Works Superintendent $ 57,233 $ 58,823 $ 60,413 $ 62,002 $ 63,592 Community Development Director $ 76,164 $ 78,280 $ 80,396 $ 82,511 $ 84,627 Police Chief $ 79,929 $ 82,149 $ 84,370 $ 86,590 $ 88,810 . Police Captain $ 71,597 $ 73 ,586 $ 75,574 $ 77,563 $ 79,552 Fire Chief $ 76,855 $ 78,989 $ 81,124 $ 83,259 $ 85,394 Asst. Fire Chief $ 63,944 $ 65,720 $ 67,496 $ 69,272 $71,048 City Clerk $ 57,447 $ 59,043 $ 60,639 $ 62,234 $ 63,830 Finance Director $ 79,234 $ 81,435 $ 83,636 $ 85,837 $ 88,038 Employees shall be paid according to employees length of service in a classification. . Stillwater Managers Association 2004-2006 [~lbor Agreement Page [8 of 19 APPENDIX B . STILL \V A TER PUBLIC MANAGERS ASSOCIATION MONTHLY LONGEVITY PAY SCHEDULE After A Her After After 5 Years 10 Years 15 Years 20 Years City Engineer/Public Works Director 103 202 301 352 Assistant City Engineer 84 173 260 303 Public Works Superintendent 84 173 260 303 Assistant Public Works Superintendent 78 157 237 276 Community Deve]opment Director 99 ]96 293 342 Police Chief 99 ]96 293 342 Police Captain 95 ]85 280 325 Fire Chief 95 185 280 325 Assistant Fire Chief 80 161 243 282 . City Clerk 68 138 206 239 Finance Director 95 190 285 332 Longevity pay shall be based on the employee's total full-time years of employment in any job classification, or any combination of job classifications, covered by the Stillwater Public Manager's Association Labor Agreement. If an employee becomes eligib]e to receive longevity pay for only a portion of a month, the longevity pay for that month shall be determined by dividing the monthly longevity pay by the number of working days in the month and multiplying that rate by the number of days actually worked during the month. . Stillwnter Manngers Associntion 2004-2006 Llbor Agreement Page 19 of 19 . . . STAFF REQUEST ITEM I Department: Public Works-Shop I Date: June 29, 2005 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase a new updated auto diagnostic system and gas module for vehicle repair and troubleshooting. Cost: $5,523.89 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) Budgeted and carried over from 2004 Capital Outlay Equipment/Machinery ADDITIONAL INFORMATION: Quotes Attached. 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: ~~ ~~~=- c...-/ c- ~ Date: t:- sO -- 0') .... -.. . . . Memo To: From: Date: Subject: Mayor and City Council t/1 / Steve Russell, Community Development Director f ~ July 5, 2005 Additional Information for Subdivision of One Lot, 15,000 Square Feet assumed, into Two Lots of 7,500 Square Feet Proposed. Case No. SUBj05-26. Additional Information. Today, July 5, 2005, a property survey was submitted, prepared by Cornerstone Land Surveying, showing the existing lot size for the subdivision to be 14,982 square feet rather than 15,000 square feet resulting in subdividing two substandard lots (area) of 7,491 square feet per lot. This new information will result in the need for further consideration and possibly a variance to approve the subdivision. If the City Council would like to continue consideration of the request, the case should be referred back to the Planning Commission for variance review or continue for two weeks to the next Council meeting for further staff review. Attachment. Survey ".. .... MINOR LOT SUBDIVISION .FOR: HARVEY WOODRUFF LLC ~ EXISTING LEGAL DESCRIPTION (as provided by the owner) Lot 6, Block 17, CARLI AND SCHULENBERGS ADDITION TO STILLWATER, Washington County, Minnesota. ~ PROPOSED LEGAL DESCRIPTIONS PARCEL A The West Half of Lot 6, Block 17, CARLI AND SCHULENBERGS ADDITION TO STILLWATER, Washington County, Minnesota as measured along the northerly and southerly lines of said Lot 6. eARCEL B The East Half of Lot 6, Block 17, CARLI AND SCHULENBERGS ADDITION TO STILLWATER, Washington County, Minnesota as measured along the northerly and southerly lines of said Lot 6. ~ AREA SUMMARY: TOTAL AREA = 14,982 SQ. FT. PARCEL A AREA = 7,491 SQ. FT. PARCEL B AREA = 7,491 SQ. FT. DUE TO THE FOUND MONUMENTS IN THE FIELD THERE IS A SLIGHT SHORTAGE IN AREA FOR THIS LOT. IT WAS INTENDED TO BE PLATTED AS 15,000 SQ.FT. CERTIFICATION: ereby certify that this survey, plan or report was prepared by me or under my direct supervIsion and that I am a duly licensed land Surveyor under the laws ~e of Minnesota. ~ 12 Jl!A#/o~ DANIEL L.<'ffitTRMES license. No. 25718 ate. 6~23~05 I -~ -~ I I I I I I I I I I I I I I I I I PROJECT LOCATION: 203 EAST ST. CROIX AVE. STILLWATER, MINNESOTA L ------ ------- -------.------- \ ~ ~ o G :::J Cl 60 R/W C- a,,' r/-.--- !.~ ,,'"'- !(" . Ie Q::/ I, ",\ , \'0 . l- V) Cl I ", '" !<5" CO ','I (jl --\ o !("!(,, ",\,+ '1.k b... ,"-' Or_~~ \- S~ ill L.. '-1-- C\J ~ ClO')o: i;:; OJ ~~o: (j) Cl a 0: ~ l.J ~ ~ ;u.J I- m V) ~, .... . L.. 60 R/W ; I);,r------ POUND 1/2" l.' / r- 17.4' -\ IRON PIPE: Af----rr', I LOT CORNE:R :::J , I MARKE:D STACK I', , I I :3 " 0l. Cl \D c:9 ~ ~ BIIUMINOUS STRE:E:I ~ S-,-.6'C~O)( AV::' I t I I I ~ ~; ----Z;)fl,U,' ,f ~ ~ ~. PARCEL B 0'0Q Y, ) T o-;~Cl'> g:, C:'v ~'/ " Cl'>b t ..,< 0 -0 . -t , " ,,' Vl u.J u~ ,~-- 215 ..- VI ~ J !("O ~ /i'Y ~ ou____ ~O'" ~ ---- ; t, ~ CJ: Cl ('.J _. 1'1. i' __ 15.8_,~ ._OU-------- L~ 15.5 <{5''\ q..!("!(,, 1 D '1 !(" PARCEL A ,/... q.. '0 : '1.0 i---: r-- o;t , , , , ,'1 v 890 1 9' 416 f' E , 74.97 ~ ~ . , c;, , <v<V /J:. \l- -T-- , '" ~ '" 16.4 ~l-=.J ~ '1.5 5.5 E:XISlING HOUSE: \D i{): Jf i{)r.o ! \/ ("'<v <v<V I '\ q..'0 :('\' 0<-"~ 'it' '\ j ~ ",\ q..!("!(,, ,tx. -- I; ) \c WGE: OF- BITUMINOUS iD 150.00 PLAT 149.94 74.97 0v \D CO '..;- - - <5 :3 " 0l. (:) \D ............, .-/"1':-, . ---'1'- ) Uill' ) ZU I i=<( I (j)0l. -X~ x<( ! wU <vy. / ~ ",\~ ' - \- ')0 ~ <( -"\tC;: 0: ~O') Cl O')CV)~ 0') 0 Cl ) a':2 ') a ~~ ill '-.l Z ill c.L E:XISTING HOUSE: 74.97 1.--- '< F-fNCE:" 149.95 1 N 890 1 9' 3 1 "E ! 150.00 PLAT I n!("!(,, <\ , J '\ '{/ : 74.97 - 0' ------.".' " F-fNCE: ;-~ " -.--~,/l~~- - \ I :)r- \. F-OUND 1/2"'/ () i IRON PIPE: AI .......-- LOT CORNE:R ,- - ) , ./ ~ NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN. EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. ( .. ", J o 30 . . SCALE: 1 INCH 30 FEET \J\ ~ NORTH /I I CATCH BASIN HYDRANT SIGN WATER VALVE UTILITY POLE LIGHT POLE TELE/ ELEC BOX GAS VALVE OVERHEAD WIRES WELL MANHOLE CULVERT GAS METER FENCE CONCRETE DENOTES FOUND 1/2" IRON PIPE DENOTES SET 1 /2" IRON PIPE MARKED RLS 25718 . o ,/ \ / L_ 60 Suite #B100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dlt-csls@ mcleodusa .net CORNERSTONE LAND SURVEYING, INC J . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director !J..--- June 29, 2005 r Request for Lot Split of Existing 15,000 Square Foot Lot with Existing Residence into Two 7,500 Square Foot Lots. Case No. SUBj05-26. Background. This request was reviewed at the Planning Commission meeting of June 13, 2005 and denied based on neighborhood comment and concern for possible development compatibility with the neighborhood. Attorney's Opinion. Subsequent to that meeting, the enclosed opinion from the City Attorney regarding the subdivision request was rendered. . Recommendation. Decision on request. Attachments: Planning Commission staff report and minutes of June 13, 2005. . \. City of Stillwater Planning Commission June 13, 2005 . Present: Robert Gag, Chairperson, Mike Dahlquist, David Junker, David Peroceschi, Paul Teske, Jerry Turnquist and Darwin Wald Others: Planner Sue Fitzgerald Absent: Gregg Carlsen and Dave Middleton Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Turnquist, moved approval of the minutes of May 9,2005. Motion passed unanimously. Case No. SUP/05-25. A special use permit for a temporary fireworks sales tent at 1801 Market Drive in the Business Park Commercial District. Randy Herrman, applicant. The applicant was not present. Ms. Fitzgerald told the Commission that the HPC had approved the request with a condition allowing just one sign. Mr. Teske spoke against the request, noting local businesses are required to go through a design review while outside interests are allowed to . put up a tent. Mr. Junker pointed out there had been no complaints in the past, and this will be the third year the sale has been conducted at this site. Ms. Fitzgerald pointed out the sale is run by a non-profit group. Mr. Teske questioned how much the vendor gives back to the community and how the vendor is held accountable. Mr. Wald moved to approve the special use permit. Mr. Turnquist seconded the motion; motion passed 4-3, with Mr. Dahlquist, Mr. Gag and Mr. Teske voting no. Case No. SUB/05-26 A resubdivision of Lot 6, Block 7 Carli Schulenberg's Addition into two lots of 7,500 square feet at 203 E. St. Croix Ave. in the RB, Two Family Residential District. John Harvey, applicant. The applicant was present. Mr. Harvey said he was requesting to split the existing lot in half. The new home would meet setbacks and he was not requesting any variances. He said the garage is in question, but he would have no problem removing it if it does not meet setbacks. He said a survey had not been conducted at this time. Andrew Jenks, 1209 N. Second St., spoke of a concern about the potential for construction of a large home on the new small lot. He said he was opposed to the granting of any kind of variance, and he suggested the City consider moving to a minimum lot size of 10,000 square feet in the RB District. Elizabeth Dawson, 1213 N. Second St., asked how the lot would be split. . ~' . City of Stillwater Planning Commission June 13, 2005 Don Empson, 1206 N. Second St., referred to City Code requirements for the completion of a land survey. He also spoke of a concern about the lack of design standards to protect the character and integrity of older neighborhoods and to ensure that infill housing, such as this, harmonizes with the existing surroundings. He also suggested such subdivisions subvert the reason for the City's annexation of property for new development. He stated the request will not add to the attractiveness of the neighborhood and will have a detrimental effect on the historical character of the neighborhood. Mr. Junker noted this is a subdivision request only, not a review of the plans and specs for the new house. He also noted the request would be subject to completion of a survey. . Mr. Dahlquist said he noticed the large lots in the area and said while the applicant could meet size requirements, he was concerned about the possible impact on the character of the neighborhood. He also said he was a little concerned that no design plans had been provided. Mr. Harvey said he was waiting for a decision on the subdivision request before preparing design plans. Mr. Teske said while the submission of design plans isn't required, it does help the Commission visualize the possible impact. Mr. Harvey pointed out that a 7,500 square foot 10t wouldn't accommodate more than a bungalow-type house. Mr. Turnquist agreed with the concern about not knowing what might be constructed on the new lot. Ms. Fitzgerald noted the HPC is in the process of developing a review process of all new housing. Ms. Fitzgerald suggested the Planning Commission could add a condition that plans be reviewed and approved by the Community Development Director. Mr. Junker moved approval with the conditions that a survey is completed, that the Community Development Director review plans and specs, and that no variances be granted. Mr. Turnquist seconded the motion. Motion failed 2-5, with Mr. Junker and Mr. Turnquist voting in favor. Case No. V/05-27 A variance to the sign regulations for a temporary banner for the Stillwater Library at 1305 Frontage Road W. in the BP-C, Business Park Commercial District. Bill Hickey, representing Stillwater Public Library, applicant. Mr. Hickey was present. He noted the Library was open for business at its temporary location. Members agreed the requested temporary signage was tasteful. Mr. Teske, seconded by Mr. Wald, moved approval as conditioned. Motion passed unanimously. Case No. SUPN/95-28 A special use permit for a restaurant with outside seating and variance to the parking regulations at 312 S. Main St. in the CBD, Central Business District. Todd Nelson, applicant. . The applicant was not present. Mr. Dahlquist, seconded by Mr. Wald, moved to continue this case. Motion passed unanimously. 2 \. City of Stillwater Planning Commission June 13, 2005 . Don Empson, 1206 N. Second St., referred to City Code requirements for the completion of a land survey. He also spoke of a concern about the lack of design standards to protect the character and integrity of older neighborhoods and to ensure that infill housing, such as this, harmonizes with the existing surroundings. He also suggested such subdivisions subvert the reason for the City's annexation of property for new development. He stated the request will not add to the attractiveness of the neighborhood and will have a detrimental effect on the historical character of the neighborhood. Mr. Junker noted this is a subdivision request only, not a review of the plans and specs for the new house. He also noted the request would be subject to completion of a survey. Mr. Dahlquist said he noticed the large lots in the area and said while the applicant could meet size requirements, he was concerned about the possible impact on the character of the neighborhood. He also said he was a little concerned that no design plans had been provided. Mr. Harvey said he was waiting for a decision on the subdivision request before preparing design plans. Mr. Teske said while the submission of design plans isn't required, it does help the Commission visualize the possible impact. Mr. Harvey pointed out that a 7,500 square foot lot wouldn't accommodate more than a bungalow-type house. Mr. Turnquist agreed with the concern about not knowing what might be constructed on the new lot. Ms. Fitzgerald noted the . HPC is in the process of developing a review process of all new housing. Ms. Fitzgerald suggested the Planning Commission could add a condition that plans be reviewed and approved by the Community Development Director. Mr. Junker moved approval with the conditions that a survey is completed, that the Community Development Director review plans and specs, and that no variances be granted. Mr. Turnquist seconded the motion. Motion failed 2-5, with Mr. Junker and Mr. Turnquist voting in favor.. Case No. V/05-27 A variance to the sign regulations for a temporary banner for the Stillwater Library at 1305 Frontage Road W. in the BP-C, Business Park Commercial District. Bill Hickey, representing Stillwater Public Library, applicant. Mr. Hickey was present. He noted the Library was open for business at its temporary location. Members agreed the requested temporary signage was tasteful. Mr. Teske, seconded by Mr. . Wald, moved approval as conditioned. Motion passed unanimously. Case No. SUPN/95-28 A special use permit for a restaurant with outside seating and variance to the parking regulations at 312 S. Main St. in the CBD, Central Business District. Todd Nelson, applicant. The applicant was not present. Mr. Dahlquist, seconded by Mr. Wald, moved to continue this case. Motion passed unanimously. . 2 . Harvey Woodruff LLC 106 Chestnut Street E Stillwater, MN 55082 June 15,2005 City of Stillwater Community Development Department 216 North Fourth Street Stillwater, MN 55082 RE: Lot Split Request . ~ Pla.......l~:...lg C~u~n Members: . I am requesting your reconsideration of my application for a resubdivision of a 15,000 square foot lot into two 7,500 square foot lots located at 203 E St. Croix Avenue. Please review and approve this request, as there are no special use permits requested or variances and it is a basic lot split request, and meets all requirement set forth by the City of Stillwater's minimum lot requirement. Thank you for your consideration. Sincerely, b/fl~ . 106 East Chestnut 0 Stillwater, Minnesota 55082 06/15/05 15:04 MAGNUSON LAW FIRM ~ 4308809 NO. 039 (;I02l :MAGNUSONLAWFmM . LICENSED IN MINNESOTA AND WISCONSIN THE DBSCH OFFICE BUIL-prNG 333 NORTIi MA!N STRBET . StJl'l'E #202 . P.O. Box 438 . STILLWATER. MN 55082 TEUWliONE: (651) 439-9464 . Tlll.1WOPIER: (6Sl) 439-5641 DAVID T. MAGNUSON MARGARET M. MURPHY June 15, 2005 Larry Hansen, City Administrator Stillwater City Hall 216 North 4th Street Stillwater, MN 55082 Re: Planning Applicaiion Case No. SUBI05-26 Dear Larry: I have reviewed the action of the Planning Commission taken on Monday, the 13th of JW1e! 2005 with regard to a requested resubdivision of Lot 6, Block 7, Carli & Schulenberg's Addition to the City. TIus Lot is 100 x 150 square feet, for a total of 15,000 square feet. The Applicant asked that the 15,000 square foot lot be divided into two equal 7,500 square foot lots. The existing parcel is located within the RB two family district of the City and lots of . 7,500 square feet are buildable for single family residences. The planning staff report recommendation was for approval of this subdivision with a condition that the existing garage on the property be demolished or removed before the subdivision is approved. Evidently the existing garage would straddle the line between the two newly created lots. The drawings submitted by the Applican.t indicated that the garage would be moved to meet the established setback in the district. It appears, therefore) that all of the requirements for subdivision have been met. The Plamring Commission, however, denied the Application. In my opinion, this subdivision, since it meets all of the requirements of the Ordinance, must be approved. It must be remembered that even a pla.t that meets all of the subdivision requirements must be approved. The courts have consistently said that denial of a plat that meets all subdivision requirements is arbitrary and will be overturned by a court. National Corporation v. Village of Inver Grove Heights, 301 Minn. 335, 222 N.W.2d 550 (1974) and Good Value Homes v. City of Eagan, 410 N.W.2d 345 (Minn. App. 1987). I would add, parenthetically, that I formerly represented John Harvey in matters associated with his mortgage company. I have not advised Mr. Harvey or his Company in the last two years and have not conferred with him or his Company in any manner with regard to this subdivision request. I do not believe, therefore, that the rendering of this opinion is barred by a conflict of interest. Yours very truly, :1~~ David T. \J1agnuson Stillwater City Attorney . DTM/jroo LOCATION:651 439 9464 RX TIME 06/15 '05 14:23 I . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/05-26 Planning Commission Date: June 13/ 2005 Project Location: 203 East St. Croix Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: John Harvey Type of Application: Resubdivision Project Description: A resubdivision of Lot 6/ Blk 7 Carli Schulenberg's Addition into two lots of 7/500 square feet. Discussion: The applicant is requesting a subdivision of 15/000 square foot lot into two 7/500 square foot lots. There is an existing garage that will have to be demolished or moved in order to split the lots. If the garage is 50 years or older; there is a . demolition ordinance the applicant will have to respond to. Recommendation: Approval with conditions Conditions of Approval: 1. Garage shall be demolished or moved before resubdivision is issued. Attachments: Application form, letter from applicant, site plan from applicant, site plan from city. CPC Action on 6/13/05: Denied 5-2 . PLANNING ADMINISTRA liON APPLICATION FORM CaseNo 5(}~k.-;;k ' Date Filed: ~~o.:> Fee Paid: J'lltlO . Receipt No.: / 1dR8ft, ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision X Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtra/1e required building permits. . PROPERTY IDENTIFICATION Address of Project )rJ3 (')1, erd L\C ,tv(/)fJj' &tstsessor's Parcel NoLl 030 '20zj3ctJ b J o a J . " ..1.-- (GEO Code) Zoning District-Dl) Description of Project f-/J.r c <Sf/Ll T "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used. " Property Owner JfAf!..U rJl-jJJOf)QfWvfF; 4&. Mailing Address~ e.~ ~\t~t "L.J' 9-. City - State - Zip S-h' Jll,V~ tvUJ. S'J/lCl., Telephone No. b If> 1- 4 ~ - '1fU) - ~tV 1I vG/ I required) Representative Mailing Address fokJ ~~ t[)fo ~ Che8tnJ)I~ 5hl 'W-alu fJLN 91/tL 1-4~tD City - State - Zip Signature Telephone No. Signature Lot Size (dimensi.' c::: \ too x t~ Land Area J S' 000 S:tu.~ Height of Buildings~ Storie-r Principal Accessory ,t=ur Feet SITE AND PROJECT DESCRIP Total Building floor area square feet. Existing square feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces H: \mcnamara \sheila \PLANAPP. FRM April 20, 2005 . Harvey Woodruff LLC 106 Chestnut Street E Stillwater, MN 55082 May 21,2005 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 . Planning Commission: Harvey Woodruff, LLC. , requests a variance for a Lot Split for the property located at 203 St. Croix Avenue East, Stillwater, property ID number 2103020430051. This lot split is in accordance with the cities required single family lot size, and therefore will not adversely affect the surrounding neighborhood in any way. If there are any questions, please contact me at 612-805-5555. Thank you. ~~ ,00 K Harvey C lief Manager Harvey Woodruff, LLC. . 106 East Chestnut 0 Stillwater, Minnesota 55082 -1~ ~ vV" \ ~--..., <<\t1 - ::.l ~ I ~ fJ~ ~ 'p E~r- ~ . ~~ t-~ P(4'JJ tJ~ ~~ &~ , lofJ I Y ~ I ~ V(1~~' · y0t9 Lf .9--fi)'ri1 ~ I ~~e.. ~~+~ ""eJ} fJflvo~ LiNG 5' ('f'~"'>;-~ f (I IV CiJ A-1v~ 1/ U\ :r () \ ~ 15 (D..~~ IL. -I . .JLybk1 ~I~~\( - Ih~ o ~~~ ..... ' )<; ~ ~ - f~YM9 e J~ \,(-, ~ wi ~;fLI' ~ l;4 UJdDDet< pt:.. (L (. - I S'~r~ '.Jor..... f-r"v,L.~ by ~I Arz...t~ ~"'V., . 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Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director !L-/ June 30, 2005 Variance to Lot Size Requirements for Lot Split in Single Family Residential District. Case No. SUBjVj05-33. Background. This request was reviewed by the Planning Commission at their meeting of June 13, 2005, and recommended for denial. The proposal does not meet the lot size minimum of 10,000 square feet for the RA Single Family Residential District. Recommendation. Decision on request. Findings. The proposal subdivision is not consistent with the zoning district regulations. Attachments. Application, staff report and minutes of June 13, 2005. t , City of Stillwater Planning Commission June 13, 2005 . Mr. Junker pointed out there was a reason for the Planning Commission's recent change in the allowable size of accessory structures. Mr. Teske said he had more of a problem in exceeding the 800 square feet than with setbacks. Mr. Junker agreed that it was the size, not the setbacks, that was of concern, and he suggested that Mr. Huntley could design an acceptable accessory dwelling unit of 800 square feet. Mr. Junker, seconded by Mr. Peroceschi, moved to deny Case No. SUPN/05-32. Motion passed 6-1, with Mr. Wald voting no. Case No. SUBN/05-33 A subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each, with a variance to the lot size requirement (10,00 square feet required) at 1802 N. Fourth St. in the RA, Single Family Residential District. Elizabeth Crooker, applicant. Ms. Crooker said she had spoken with her neighbors and understood there were previous problems with the lot/owner, and said she hopes those concerns are in the past. She also said she heard neighbors' concern regarding setting a precedent. She noted the proposed new house meets setbacks. She provided plans of the proposed house. She noted that the area has been stubbed for . water/sewer and there is an existing curb cut. She said she felt the proposed house would be an asset to the area. Jennifer Shaller, 1819 N. Fourth St., said while she feels Ms. Crooker would be a good neighbor, she still has concerns with setting a precedent for future variance/subdivision requests. Mr. Junker noted that whether this case is approved or denied, it would not be setting a precedent requests are considered on a case-by-case basis. Commission members complimented Ms. Crooker on the building plans. Mr. Teske said while the plans were nice, he did not think there was enough space to accommodate another house. Mr. Dahlquist said there are generally large lots in the area. Mr. Dahlquist also questioned the hardship involved in granting the variance and suggested there is no compelling reason to grant the variance. Mr. Turnquist noted there is a large house on the adjacent lot and suggested Ms. Crooker's house might modify the impact of the other house. Mr. Teske said an additional structure would be one more negative aspect and would not counterbalance the other house. Mr. Teske moved to deny Case SUBN/OS-33. Mr. Dahlquist seconded the motion. Motion for denial passed 4-2, with Mr. Turnquist and Mr. Wald voting no and Mr. Junker abstaining. Mr. Turnquist, seconded by Mr. Wald, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker, Recording Secretary . 4 , / . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/V/05-33 Planning Commission Date: June 13, 2005 Project Location: 1802 North Fourth Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Elizabeth Crooker Type of Application: Minor Subdivision and Variance Project Description: Request to split a 17,250 square soot corner lot into two lots of 8,625 square feet (required - 10,000 square feet) Discussion: The request is to split an existing lot of 17,250 square feet into two lots of 8,625 square feet each. The lot size requirement for the RA, Single Family District is 10,000 square feet. This request does not meet the lot size requirement. Lots in the area are large lots of at least 10,000 square feet. No special reason or physical site condition has been presented to justify the request. Recommendation: Denial Findings: 1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. Attachments: Application form, site plan and elevation drawings. CPC Action on 6-13-05: Denied 7-0 , \ . REQUEST FOR V ARIANCI~ 1802 FOURTH STREET NORTH STILI--4\VATER, NIINNI~SOTA PARCEL # 2108020240016 . SCHEDlJl..EI) ~IEETING DATE: NI0NDA Y, .rUNE 1:3, 2005 PREPAl~EI) F()R: CO~lNllJNITY DEVELOPl\lENT CITY OF STILL\VATER PI-lEPAH.EI) Il'Y: ELIZABErpH L. CI~OOI{ER PCyrENTIAL BUYER 651.807.9080 CELL . . Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 May 27,2005 To Whom It May Concern: The enclosed documents represent the necessary materials to accompany an application for a variance on the lot located at: 1802 North Fourth Street in Stillwater I respectfully request that the Planning Commission consider granting a variance to allow the parcel number 2103020240016 to be split into two individual residential home sites. . By dividing this parcel into two separate building lots, the northern portion would require a variance, as it will total 8,625 square feet falling short of the required minimum of 10,000 square feet. The proposed house plan, however, will meet all setbacks and drainage requirements. The architectural style and landscaping plans of both homes will contribute positively to the already beautiful and nostalgic Stillwater neighborhood. My hope is that you will find all of the pertinent information needed to make the educated decision to grant this variance. I will then precede forward with a licensed General Contractor to have my personal home constructed and a timely and professional manner. If you have any further questions after evaluating this request, please don't hesitate to call. I would be happy to provide any additional information you may need on or prior to the Planning Commission meeting on Monday; June 13, 2005. Thank you for your consideration. Sincerely, D~ . Elizao L. Crooker 651.307.9030 cell 651.430.8192 home PLANNING ADMIN~ I KATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED Special/Conditional Use Permit 'I.. Variance Resubdivision Subdivision. Comprehensive Plan Amendm ent* Zoning Amendment* Planning Unit Development · Certificate of Compliance The fees for teqUc.<I)li...d action am attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the compj:~q,~i.,. ~_ and accutaCy of all forms and supporting material submitted in connection with any application. AI supporting material (i 8., pholos, sketches, etc.) submitted with application becomes the property of tire City of Stillwafsr.. Sixteen (16) copies of supportmg material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A sits plan is required with applications. Any incomplets application or supporting _", ...,6, rial will delay the application pI'OCeSs. PROPERTY IDENTlACATlON Address of Project I BD1- ~ou..(-t.-h G\-ra} No~k.. Assessor's Parcel No. 2103 02..0 'lA-oo ((P ~(\ k (GEO Code) Zoning Dislrict ~~il~ D"".,,,.;...li...n of Project Na.u:> ~YI1.e. 0.0 V1s.+ru...c...---t; Ol'L- . Telephone Nc..::71. 503.1 Signatun{ ~ p \1_: '('{\ ~ ,\\ (Signature is requir d) '., hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief. to be tlUe and correct I further cerlify I will comply with the permit if it is granted and used. ,. Property Owner ~CDH- rv1 ::y- ~ Representative EJ (2.O..b*\.- L GOD&K . Mailing Address 'Pc> ~~ 'rJ2lJ Mailing Address 231 -rh0\ ~e~ ND~ City-State-ZipCh+jll~ MN S5DS~ City-State-Zip '3r\-a\uxrtQJ( \V'\l\.\ 550S2.. Telephone No. (O5l.400 0la.Z-_ . Signa_&e~~.J<-~ (~~:~~:s ~qUired) lot Size (dimensions) T"l5 x \ 15 land Ares F'\ {" 1..,-"5 Height of Buildings: Stories Principal 2.. Accessory SITE AND PROJECT DESCRlPTlON Total Building 1Ioor area 1'I5D square feet Existing square feet F eel Proposed - square feet ~ Paved Impervious Area ..ltoon square feet (~oK) No. of off-street parking spaces 4 . . . . Variance Request for 1802 Fourth Street North The Site Plan · It is proposed that the north side of the lot be split into a 75 x 115 foot parcel, totally 8,625 total square feet. · While this does not meet the 10,000 square foot minimum in this neighborhood, it does exceed the minimum square footage of7,500 square feet, which is what is required in many other areas of downtown Stillwater. · Splitting the lot and building the proposed house plan will meet the required setbacks: Required Setback Setback with Proposed Plan 30 25 21 Front Yard Rear Yard Side Yard - house side Side Yard- garage door side 30 25 10 10 30 * A detailed drawing of the setbacks is shown on the pages following. Upon your approval of this variance, Pioneer Engineering will professionally prepare a survey. . The attached garage will be placed directly behind the house, so that the view of the garage will be at a minimum from the street. The driveway will be paved and offer ample turn around space near the garage entrance. The structure currently being completed on the southern portion of this property would not compromise the required setbacks, if this variance were to be granted. . . Coon Rapids Office 201 85lh Avenue N.W. Coon Rapids. MN 55433 (763) 783-1880 Pax:783-1883 'J-,' )\. r-'~"J _ _ ~ _ "I.~~. '-enginee(ing Mendola Heights Office 2422 Enterprise Drive Mendola Heights, MN 55120 (651)681-1914 rax:681-9488 CIVIL BNOINI!llRS LAND PLANNERS LAND SURVEYORS LANDSCAPIl ARCllrmCTS Coon Rapids Office I EXlSllNG HOUSE I Certificate of Survey for: 867.4 J.- ..!..OB-:!,~'-* 8692 8$7.$ . CROIX ClfST. HOMES. INC. 868.3 TC House Address: 1802 North 4th Street :' ~ f 0~1P 861.3 NBBo52'S4"E 115.00 \ x 864.8 \ UIIE PARAllEL WIlli SOUlli UNE '-- Of NW QUARTER Of SEC110N 21 30 867.3 SETIP 86$.7 4 . 86$.8 x 24' 'MlLOW PP 24. lIII.LOW 0) ~1B ~9.3 'f:'\r ~: 866.7 .w \1 ~S7.g , SIlY 869.0 b I <i> -CC - : \4 ..I rl , !.! ... I m ..------ ---~I-------115.00-t----- ----T---. 1869.$ 4:1 :::f I CC ~ , 1 870.0 , I TC x 871.11 1 I ~ I X 869.8 I 010 I ~ .!. 0:'" ... t:'.l )(869.$ 01 ..... g; )(872.6 9 0 d 0' 0 It).... 9. I 869.6 9 ..- ~ .._________-l_______h5.ciO----------"---r----. 10" MAPLE I .~ I rv C. 878.8 I 877.4(&73.-') . ____-:..871.8 878.8 10'00 '28.oor- ' '* <10.00 125.00 I '.. I I ~ I ~ I PROPOSED HOUSE ~ ~ : ~; '0.0-- 879.6 ~ ~ GARAGE I I ~ I g: 10' POURED Bst.tT. 8 2 N: 8 , I ~ 1 ~ 1 =-AlJ(~~ _ _ _ ~7Jj~ I 876,4 882.2 10.00 ~e. .,', J 177.5 I <10.00 2M? I. - .. '~ .9', 876.4 ~ IDECK'tfP 87$.$ f : 0 883.7 Z.. I '~EXlSllNGFOUNDAllON I I 8761 l;,; ~ . J OR~AY I I (UNDER CONSTRUCTION) I 12." MAP\., E >p s" CE~. t ~~ ..~ I Ii! (TO BE REMOVED) -l 0 I .. 0- f'( S'-CEDAR I i',l... - - - - - 877.1tJ\ 1'2' SPRUCE !Io 30 884.7.\.,; I 878.9 ',--..., to: 10' ASH 81.8 881 t 877.8 t l x ,I III _ ~ . )( -, i ~ai 8737 884.9x 884.8 x i 880.6 115.00 876.8 \U 110 Ca 884.4 S88""'2'S4"W t.l \ UNE PARAUn. WIlli SOU1H UNE_J iJ 9 I} Of NW QUARlER Of SEC110N 21 .._ _-CtJR8 cur......'_-_, ~, "-~ PoInt of Beginning 882 8 . 881.$ 880 9 879. 7 ~9.8 878.4 - 10 . TC. 10 ~$.4 '. "ff " " ,," ( I ~~ ::J~ ~~ F~ ~. ~ ~::-. 0 ~l ~O G.."'~d ",Fdlt) ~ ~ 5..- z ~ o .s~ I 541 ::J'" oc: o ....0:: .. ., . :JO .<:1'> .... 5~ z~1 4t !i ~~ c 0': .,<-1 .~ c -0 ....:;:; .. 0 0" I WVl I I _...I -- -- 20" COTTON 0873.4 882.0 --4 I EXlS11NG HOUSE I TOP <:88~OCK- , __-J. 885.3 " - South line on the Northwest Quarter of '-- SectIon 21, TownshIp 30. Range 20 PROPOSJID BUILDING ElEVATIONS Lowest Floor ElevatIon: 81'1.2. Top of Foundation ElevatIon: 882<1 Gorage Slab Elevation: R91-S" -/' 4-. \fl \D N ..9 d) . -\-' o ./ I I I I I I I I I I I I ~ I \ I I ~ ~ (at door) Bearings shown are assumed NOTE: Contractor must verify 0/1 dimension. '" drl....woy doslgn. NOTE: DrfYOWoyo are ohown for orophlc purpo... only. final drlvewoy LEGAL DESCRIPTION: (supplied by owner) doolgn and locolfon wnt bo dotormlnod by contractor. All that part of the South Half of Northwest Quarter of Section 21, Township JO, Range 20, described as follows: Commencing at a point on the ~ast line of said ,Northwest Quarter JO feet North of the Southeast comer thereof, thence North on sold ~ast line 150 feet, thence West on a line parallel to the South line of saId Quarter Section 115 feet, thence South on a line parallel to said ~ast line 150 feet. thence ~ast on a Ilne parallel to sold South line of said Quarter Section 115 feet to place of beglnnln We hereby certify to CrolM Custom Homes. Inc. that this survey, plan or report was prepared by me or under my direct supervision and that I om 0 duly I1censed Land Surveyor under the lows of the State of Minnesota. Doted this ~"'\:l, day of ~- A.D., 2005 Signed: PIONEE~~ERING, P.A. ./ S 1 1 inQh = 30feet - By: 1..-....... t. ~~~ cae: Terrence E. Rothenboch~r, loS. Reg. No. 20595 26461 204434.001 JPS Thomas R. Bolluff, L.S. Reg. No. 40361 .....-.---.---- --.------ . 744 Rym Drive, Suite ICJ2, Hudson, \x/isconsin . . fl .'2,1 f. ;. ~ '0 \.~ ,<f. he dholh' ~ 715-37].IS5') cil 7s I~ ~ \)' . \..( - 2-"+ ~ ~J -- ).1 Jt 0~vY' - 2-'1 " - , {\ ,.-.. =.J'......"-.. ..-' ,., j "\ (.\J 6\ t-\oME. ~ 12..~ J '1 ?OKC-\4 =ia...... .I:;- ~ ~\ I -/5""' ~ ~ ouf-l-h S+t.Li':J Je,(.t.\-t- .(11) . vNFwhartmanhomesinc.com ~ j~ ~ h .+-: con/rdcI. l.);ti.t' . . . Memo To: From: Date: Subject: Mayor and City Council 11 / Steve Russell, Community Development Director (-- June 30, 2005 Appeal of Planning Commission's Approval of Two-Level Addition to Garage at 801 West Pine Street a Bed and Breakfast. Case No. SUPjVj05-31. Background. This case was heard by the Planning Commission on June 13, 2005. The Planning Commission received one letter from a neighbor concerned for the possible expansion of the bed and breakfast sleeping rooms (a condition of approval clarifies that there be no additional sleeping rooms). An appeal of the Planning Commission's decision was received and scheduled for a public hearing. No reasons for the appal is expressed in the letter of appeal. Recommendation. Decision on appeal of Planning Commission's decision. Attachments. Letter of appeal, 6-20-05, application, staff report and minutes of CPC June 13, 2005. ARNDT & BENTON, P.A. ATTORNEYS AT LAlN 1012 GRAIN EXCHANGE . 400 SOUTH FOURTH STREET MINNEAPOLIS. MINNESOTA 554'15 (612) 332-5473 FACSIMILE: (651) 439-5900 June 20, 2005 Reply 1;0: 836 West Willard Street Stillwater, Mn 55082 Mayor and Council City of Stillwater 416 North Fourth Street Stillwater, MN 55082 RE: Appeal of Planning Commission on Case No; SUP/Vj05-31 Rita Graybill request for variance Dear Mayor and Council: The undersigned, as an aggrieved property owner, does hereby appeal the Planning Commission's decision to allow construction to Applicant Rita Graybill, waving setback requirements of the ordinance and pertinent matters. Enclosed is check In appeal fee. property . Appeal of this owners, Mr./Mrs. T. t of DEA/clm enclosure cc: Mr./Mrs. T. E. Tierney (w/o encl.) ~ ~ r,. 0 \\JiI::i'.t':;:-"j ) L5 ~ ~i ~~?~.j \;'1 JUN 2 I 3Di )1 :/ . Stillwater Office: 836 West Willard Street, Stillwater, MN 55082 . City of Stillwater Planning Commission June 13,2005 Case No. V/05-29. This case was withdrawn. Case No. V/05-20 A variance to the front and street side setbacks (30 feet required, 1 foot requested) for construction of a porch at 1124 N. Third St. in the RB, Two Family Residential District. Jason Mattox, applicant. Mr. Mattox was present. He said the porch will be Victorian in style. The front of the porch will be 2 feet shorter than an existing porch that does not match the house in style. The side porch would extend 3 feet farther than the existing structure. Mr. Turnquist moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No. SUPN/05-31 A modification to a special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for construction of a two-story addition to an existing two-car garage at 801 W. Pine St. in the RB, Two Family Residential District. Rita Graybill, applicant. . Mr. Gag recused himself, and Mr. Teske assumed the chairmanship for this case. Ms. Graybill explained she would like to build an addition to the existing carriage house/garage. The addition would be for personal use, she said. Ms. Fitzgerald said the HPC had approved the design and materials as proposed. Mr. Turnquist noted the staff report recommended denial and questioned the reasoning for that recommendation. Ms. Fitzgerald said because there is no apparent hardship. Mr. Peroceschi and Mr. Wald expressed a concern that the addition would create the potential for another room for the B&B use. Mr. Dahlquist noted that the setback/variance is due to the existing carriage house/garage, not the proposed addition, and he noted the proposed addition is within the allowable size for an accessory structure. Mr. Dahlquist moved approval as conditioned, with the additional condition that there be no additional sleeping rooms. Mr. Junker seconded the motion. Motion passed 4-2, with Mr. Peroceschi and Mr. Wald voting no; Mr. Gag had recused himself and did not vote. Case No. SUPN/05-32 A special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) at 821 Third 8t. S. in the RB, Two Family Residential District. Todd Huntley, applicant. . Mr. Huntley explained the request is to construct a carriage style dwelling unit. The structure would be built on the same footprint as the existing garage; the garage will be removed. 3 PLANNING APPLICATION REVIEW FORM CASE NO. SUP/V /05-31 . Planning Commission Date: June 13, 2005 Project Location: 801 West Pine Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Rita Graybill Type of Application: Special use permit and variance Project Description: A modification to the special use permit and a variance to the side yard setback (5 feet required, 2.1. feet requested) and a variance to the garage height limit (1 story and twenty feet, required, two stories requested) for the construction of a two-story addition to an existing two-car carriage house. Discussion: A modification to the special use permit and a variance to the side yard . setback and garage height limit for the construction of a 12 foot by 24 foot two-story addition to an existing two-car carriage house located at The Elephant Walk Bed and Breakfast. The proposed addition is for personal use, but since the residence is an approved B & B; all exterior alterations require design approval. The addition is 288 square feet, the existing garage is 450 square feet; total 738; within the maximum permitted which is 800 square feet. Recommendation: Denial Conditions of Approval: 1. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. 2. Materials, style and color of the addition shall match the existing garage. 3. No additional sleeping rooms. Recommendation: Denial Findings: Special Use Permit - 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. . Variance . . . 1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. Attachments: Application form, site plan and elevation drawings. CPC Action on 6/13/05: +4-2 approval PLANNING ADMINISTRA )N APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: V / /P-31 I srJ-7i os- ;:A JUu. COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED iK Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obt<a.he required building permits. .., PROPERTY IDENTIFICATION Address of Project ~ P I W I ~ e.. ~ f Assessor's Parcel No.2 &'. p J /), 2 d i 1 '1. roi I Of). I /l . 1 (GEO Code) Zoning District-1in Description of Project----Ad.J., J;J\... '1lJ c..,.." ~ 'd e 1'lLJ,.! '- "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my know/~'!Qe and bj,lief, to ile rpe and correct. I further certify I will comply with the permitif itis granted a~d used." ,{~.t", l.J-.IA4? 1.'If Property Owner {2,JQ ~~::'].A. _0 '- , Representative Mailing Address f(J/ W. A~ S /-. Mailing Address City - State - Zip C; I.IIIV-~~ .> ("" h... City - State - Zip Telephone No.----.fp.( /.. r )1)...1)) 59 _ I Telephone No. Signature !;:J Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) ~ ''J..''. 'V' La~d Area . ~ '2..., ") R,,! Height of BUildings: Stories Principal ~ Accessory 1.. Feet )1) 21.. Total Building floor area_ Existing J(A17 square feet Proposed --.:\. ff ~ square feet Paved Impervious Area sqUq~ feet No. of off-street parking spaces b"-' ~ oV. . H: \mcna mara \shei la \PLANAPP. FRM April 20, 2005 . .0011 g g 0::5 "016) .0151 "014) rl3) .012) "all) "010) I- - 12 W "112) . W 0::: ~ 22 50 50 50 (/) ~,.o< ~ v z:i ---;;;;- ..' ~., J< k~~:~~~l~II;~I;S~IlA; } : 9 f~' ~, ~, g g . t ~ 5 ' . 32} 6 r ~ .::E j 17_5 . J .096) W~" 11~ I '3 j ~ ~ 30 30 WEST \~ ~.:~~ 2 4D 5<) . 12 .t%~ 9 .\03) ~ .102) -~ 1 ~ .\01) ~ WEBSTER BROTHERS SECOND ADDIT[O~ FERI 11 10 "104~ WEST OAK 30 2 ~ <l-_..,....' 11 _ 8 ~ 4 10 - 7 .109) .111) .tl0) "108) "107) 2 iF" 3 r2t) WEST PINE STREET W"'" TOIST ~ "057) STREET g . 6 D 3 .002) 17b~Y 4 6 .003) .0(4) 1 " .~ .'24} i3";i.!:)~V .Q2t} !'~,..;,_ r23)"" ~~:'" . '" i'~" ,,", '';',', 7 ~ B :: 9 10:: 11p,.,..-;""'1" 12 .026) ~029@ ~""'-f .rot) 50 .022) .024) 6 0 o 0 ~ ~ 50 ,4>_....,.--~-'ii" r37) 2 " .025) ,,009) ~ii'~ .097)~ g 4D 50 25 ~ (0098) 25 1 , .1)99) "044) "045) STREE1 ADDlTIC 2 ~ 5 r'" 1 . .\06) 25 130.35 ~M' Fifo<\> 130.2 ~79) ...12 " 1 "019) ..om g g L~t~ ;lR "0541:~ _05<: L , I 22.75 J123} 8 .124) jl125) '1 "055) 2 ' " ! ,~ 10 ~~l g 2 6 0 3 _ rtO) 8 9 ,""u..'...."';;"..I4l~~r 6 0 6 0 ..ebt'.--.., .1)44) ..i4:l;-''}~ r 'HOLCOMBE'S W"" . ! ,'<.,"~ 6 W"'" 25 ADD!' 7 10 11 "038) 12 8 " " 10 - .046) ,,047) ..osij R22W RlJ W RlOW Vicinity Map o 181 Scale in Feet Sourca:Washing\cnCounlySuf'Jayc(sOff;ca Pnona(55tI43G-ilB75 PROPOSED CARRIAGE HOUSE ADDITION - 801 W. PINE ST. . I am requesting permission to add on to my existing two-car carriage house. Having been built before enactment of the current building requirements the existing carriage house does not meet current side yard setback requirements of five (5) feet for an accessory structure. The existing setback is 2.1 feet in the front and 2.4 feet in the rear of the structure. All other setbacks are in compliance. The existing rear setback is currently 5.1- 5.5 feet from west to east. The addition will be 5.5 feet from the rear lot line. The existing carriage house has parking for two cars on the lower level ( of course). The second floor was originally the teamster's (driver's) quarters. The existing finished room of approximately 12X12 feet on the second floor has hardwood floors, a closet, and plaster and wood lath walls and ceiling. This room is currently used for storage. Original knob and tube electrical service (lighting and outlets-) has been rendered inoperable and non-metallic modern wiring provides electrical power. The carriage house has a separate 50-amp service, which is fed, from the main house. A separate breaker panel is located in the carriage house. There is still a masonry chimney in place. This was originally used for heat with access for wood stove pipe on both levels. All adjoining properties have buildings or lots that are not in compliance with current . zoning requirements. The Tierney's garage to the east is one foot from my property line. The Thompson, to the south at house is situated on a lot that is only 82 feet deep rather than the required 100 feet with a front yard setback of20 feet (variance # V90-37). The house to the east of the Thompson's has side yard setbacks of 6.2-7.3 feet on the west. Mr. Arndt's house (to the west of Thompson, SW of me) does not meet side yard setback (to the west) or front yard setback. Tome west the Long House garages do not meet side yard setbacks; the garage adjacent to my driveway is 2-2.7 feet from the property line. The granting of this variance would not be the first instance of a non-conforming property in the neighborhood. The existing carriage house is quite tall and an addition that matched the height would present a building that would be larger in appearance than I want or would fit the lot. I am proposing the new addition to be shorter in height. The design would use materials to suggest that the addition is actually the older structure-perhaps the original carriage house and would be tied to the existing carriage house to form an L shaped building footprint. I envision the exterior of the addition to be a faux stone on the first level and the gable end and dormer to be actual weathered barn wood from an old barn. The faux stone finish would allow a mossy weathering to be easily achieved and give the needed aged appearance needed. I am looking to achieve an 1850 English carriage house look. This addition would be used to house my 1969 MG Midget, Mikes bicycle collection and allow him a bike shop space. I am also planning to return to making pottery on a regular basis and using some of the new space for/my wheel, drying racks, etc. The addition will . also serve as a sound buffer, as the Thompson's have four very active children using . trampolines, a basket ball court the Thompson's have installed west of their garage, and the many other park like yard accessories modern children seem to have available to them. My lot is 22,784 sq ft . The total coverage of accessory buildings including the gazebo will be in the 810 sq ft range, well under the 1000 allowed. The lot has 24 trees ranging in caliber from 4-24+. Shrubs, dogwoods, hostas, daylilies, grapevine and other plants take up other areas of the lot. A lot plan is attached marking the larger trees, off street parking places, and is attached to this application as is a tree inventory. The lot has privacy fence on the west, south and east property lines(one foot from line). Fences run 50-60% of the side yards lines. I believe that I should be granted this variance because the non-complying setback has been in place, as is common on old lots, since before government implementation of zoning requirements. The granting of the variance would allow me an accessory building that would be allowed were it not for the one side yard setback that was allowed under that laws in place at the time of construction. I can see no adverse affect to any of the neighbor's property but you never know how someone else will view your plans. Thank you for your consideration . Rita Graybill . -''---. lj.~/( /.... v~ !<J ~ . - ,. fi . ) 0,1 ~.~ e-'l { ~.;..r / c'\ , : ... ,- ,- ,<, \ />:1 .-;~ (}~J J _ '-', ~A ....-. " '... 'L.l 1./ C/ 1 r , . ~. ~2Lt~-'C": ~~~t ' r~) , " ">' ~~:~" ./. > 'L p,,'. f' f /7 ; " \~-) /\ \: \..cr t ' :,~ \'0\ i "; r'\ 10 ;Z.J 1118/~\ ! /--::~~C-l'fi i I h~ I (.,. : \ i...., I)\ 't\ I q)~; ~.r IE ?-{ 1 t ~.,~)~ J, ,\f ).,' . ..;. I '2J /t:. ~-'" .,.. .. t, 1~" () ~ih~ -J.. , (!) ;' "1,11//v 'Iv ~ . ~ II? .;'.'" '1'f l 1 \ '" >,' J - I .-----.7) /------ r./ ( & /.... ( " /\' './ J . ~ ~ /J. b 8tJ/l lI,().e 0 '-,.,-. ~ ~J /~-\ ~:~:~~/.~J/ In.. \ (/ ~ /1([:) . .,_.~j ~ .'~lt . ( J1 /i, /J /",,(, '. f\L/) / (/ i'--(,V ! v// Itltse tJ~ &.. It3gr'-' I r ' ~f/;i/\ 1-"n-tul1$ ~~C", ,."." ----.'\ :v\-:' 2- ' /' \) i 1) l6/"\ \'0 ~ .. .....,. 1, / (J (~ \:c( .' \. )" -\/ f( .----.1. ! I ~ L I) r ~~ '~ i / '" s;..1 r-==:?I ! ~I , .. / ~ .'I! r,;b. ..' //f /,/. / ~.~ /f:t: / I ! rlJ~ ',t-;..1).! ~__ f.., __ '/"""-'V / I,.. \,j I I [() f f~ -6 ( I if 1)(~/1..-f t'l 1- I )?/f II; l~ St- ;~' u j, /:/ '. t .....~.,.j t l\fLJ/IIa.Y'~. <blt~.g (/ 4/( ~ ~l ') ,~,;.; ... ( -*_ _. ,f '< :l.t ~'''*''' ~ ...:;l! '.. tj\... ~ , '''. '.' 1>: "., /(1' '!(/-V ~,,, _,~ I 1':;;""2. "'.li€.(. ~--l 8. 'f;s.j. .":rt+'..l :~ . . I t J l- . . . / 'A, " ') trr.-,:-r LI{'ij ," " ..... ~ ,/ ' /~ ~ /p ~ / 6" .;~;\ J,. :2-1 .J.~_ , .;~ 'f C,4~1J<' ! ~ I : . ~ _ C-tr "'it?<' It(i ,~:~,o.1 f ..l-,....~, .../4~.., ,. - ,. '....,/ , l ~ t / ., II '-,\. \ \ \ \ ~ 11 .1.- o '1" + ! i I /.'.f\ !11;~ ~ 1 { -\ . ~"f:~/t)- /'~&~~t(. ~" , C) ~("~ 11 () /" / c) !- t .(~ \J r-l . 0'.) \\.~ <. 1 , ~\ "\) f/ \- . Tree inventory -801 W. Pine S1. Trees are marked on the detailed plot plan submitted with application for variance for an expansion of the existing carriage house. T -8 & T -9 - Honey Crisp apple trees 4-6 inch caliber T -1 & T -9 - Crab apple 4-6 inch caliber Tll-IS, T-20-23, T-2-7, T-17 - Conifers-white and red pine, Norway spruce. Minimum 10 inch caliber. Of particular interest are trees T -3-7 all Norway spruce, with a trunk size of 15-24 inches and heights estimated to 60 feet. This clumping of trees gives the feeling of an old growth, which it is(estimated age by city aborist is 100 yrs) with limb free(not enough light) trunks to 20 feet on the interior trees. Tree T -2 is a Norway spruce we use for what we believe to be the tallest decorated Christmas Tree in Stillwater. T-16-18 are maples with the smallest being a grouping of three trunks in the 6-8 inch range, others are 8-12 inch. . T -24( out of order-overlooked) is a curly willow started from a flower arrangement and has been in our landscape for 5 or so years. Now at 4" caliber and approximately 15 ft high. Norway spruce seedlings have been cultivated from seeds gathered from T -3-7 and are being placed in the landscape, looking to replace the large trees when needed. Several 3 foot specimens have been planted north ofT-20-21. . " / \ -. ---r--- ! I rdf. L" I J ~ r-"J - ~- .--- {J";I,St*.I ~~ -. b+". . I ,~- 21{1 . .- . I df- (, 'I r+- ,...rt Y L ) "'~ II, I : I 'I" I I ) rh";',JP . ~' -t - -.. ----!-:-I I ...-4t.....- ..,,~'.:..o,~"" Ef,'~/.1r Fr,,,,f. ~".". I, ' s:,>t C ~ ~ .u,~__'~... -. c!. ~t-: "-- " y :~ ..; ... " ;. * ~ ;' ~ IOK ,) ~ i:-*:. i f/ \1 . . . i ' ~",..,Ij)-~ ~'1 e.. J 1 /1 . I 1. ~ ~,-'.,'_'~, r '--'___=__...___ If ~.,---..- ~ "~-~V,'.~:( I: I .... 1\ ;h II I' i i i' '.' .;/. <--~_.,.~, ~ " \ f / I I t -.-----..~- ~ I -''-, .. . l' I':; It fr/",.L. . " . " ... .- \ \ \, \. '\'\ \ '\\" \\~"~ \t,,~ Jl;~- I ! *,"l!> I Iv _II \; f:~I.r) I~ 2'p. {ill,;k /I,e"" I.t'k~ (Ne) f 1 . . ~r~..-T..-.--~.I~~l.---.-r~--I.-.1 I~.. /Gt;,)';-n'l -[-'-UT- ..'--Y , i----r--. i 1 r--L- I. I-.JT-----..L.--]-~~...... . r. 1 I I I i --LT---. II~--_ /' I I I I --1----r I' I ! I -l I .L.~ /'~'r-LLL T.Jr::.:;~J-T-'- I I ,._, ~/-- .".-- \ ~~ ""'--"-----. frOl~5r.:./ I'itltJJ,'y i I ( .-f----1J -r:i / ~4~1/;I<~~~:r/ ) ~_.!-/. _L.,! . [[u _..1, ! .' y// v,/ fqL{r I ~ 5/1>1 r. 1 ~rl I: I' I, 1'- .--- I I * g , - -- ----; }. 0'- -.- ----- -~ ~ ---, . Ii I 1 ~I ...JJ I 'Q--'/ r / .I .f I I ;(a~ ;Y- -== \ \ PARCt:.L 22,784 Sq. Ft. A /"'" ''\ ~ Garog"... "?>. \ \ \ ,1.1 , ~ Found ~ inch I.P. ~ on linfl with plastic cop not readabl". {\,a ~ ~ {\,a ~ ~ i . ",0 " ... C) a: I I I 1 ~, l 2. 7>' ~2.1 ~~ I '~ E . , ,; f ~ Garage ~ " P,..JI,{el ,~ ~C) ...i:: 0- -JQ Q Cb<:( c:: ..:::i ~V) ...-J III -J (J::) ~ CI4~ ...t- o- J -J 2 I ~ <t <<. :.J V) to. I.. ,\...-J 1- II\-J I~ '''::) I I ~ -J : I ""-l : I fi7.3 ! I l I ''\ : I ~ '" PARCEL B \ ~ &i ~ Heu" \ 9,920 Sq. Ft. 8 I 3 ~ -<\o~ 1 : ~ t ~ n \ \ I I ::)/ _ 6.2 }.QV ! /'~ (Found linch I.P. 0.10 fHt South A and 0.34 feet East of SW com"r ! . ~ 6.00~ I \ Lot 3, no I.P. Slit. I I I; \ I .' , I """~\)( (""SOUth Un" LO~ 3, .LULL'S ADDI IN. C'!JO ~ I 1/ I ......- --- S89027'/O"W 120./~-- _/, I E Plt;r' = If!fJ Y I ~, \>-5.5 . Ii .: I I g (\j ll) - - -5 89027'/0"W 12020--- ~ ~ "- oN - o o <S <: I I I . Jot - - - ~ ~o -0 o. '!..~ o :z: ScJ. -$21 o-f 1073 iu If;; J j;-/;;'~ ~ STREET _141 ~ 8~ . 0 011') CI)\ \ ,-- " \ , -... . / South Un. Sec. 28, T30N-R20W WEST WILLARD (PlotttJd os: WILLARD ST.) 728> . . . June 7, 2005 Mr. Steve Russell Community Development Director City Hall 216 North Fourth Street Stillwater, MN 55082 RE: Special Use Permit - Case No. V/05/31 Dear Steve: We are unable to make the public hearing on June 13,2005, but wanted to express our concerns about the Special Use Permit and Variance for the construction of a two-story addition to an existing two-car carriage house located at the Elephant Walk Bed and Breakfast at 801 West Pine Street. We live immediately to the East of this property and have concerns that this addition will be used for additional sleeping rooms, either for guest or the owners. In August of 1999 this expansion was presented to the Planning Commission and defeated. Our concerns are the same as they were at that time. We do not want to see an increase in the number of sleeping rooms to this bed and breakfast. Ifthere were someway to assure us that it was only for the sole purpose for doing their own personal potting, not establishing a pottery business or additional sleeping rooms we may be ok with the addition. If this proposed expansion is for increasing sleeping room capacity at the bed and breakfast, it will only help to do away with the residential character of the neighborhood and only increase the commercialization of Pine Street. We do not want to live next door to a small motel. As it is now we cope with increased traffic, on street parking (making it difficult to back out of our driveway safely), and a lack of privacy. I ask the council to consider the impact this Special Permit will make on our neighborhood. We feel very strongly about this issue and do no want to see this Permit granted to Rita Graybill. Sincerely, /-/ ~ ,-- r _ . _, -------- / LIr "L. j / / /~CC-:7"L' Tom and Paula Tierney. / 717 West Pine Street . Stillwater, MN 55082 ( C?~L ~ 0' v cc: Robert Gag . . . Memo To: From: Date: Subject: Mayor and City Council ~ Steve Russell, Community Development Director June 30, 2005 Appeal of Planning Commission's Denial of Variance for Accessory Residential Unit. Case No. SUPjVj05-32. Background. The application is for an accessory dwelling unit in the RB District. Recently, the City established a 800 square foot size for the garage and accessory unit in the RB District (ZATj04-02). The application is requesting a 1,000 square foot garage and accessory dwelling. Besides the size variance, a variance to the rear setback is required. The Planning Commission denied the request noting the recent zoning regulations change. Recommendation. Determination of appeal Attachments. Letter of appeal, 4-22-05, application, staff report and minutes 6-13- 05. June 22, 2005 Steve Russell City Hall 416 N. 4th St. Stillwater, MN 55082 Dear Mr. Russell: The purpose of this letter is to inform you of my desire to appeal Case No. SUP IV 105-32, a special use permit for an accessory dwelling unit with a variance. It is my opinion that the case should be discussed in further detail based on the vagueness of the city ordinance and legitimacy of my request. Please contact me by phone on any additional information that is required for the appeal process (612)236-6053. Sincerely, Todd Huntley PO BOX 99 . STILLWATER, MN . 55082 PHONE: 612-236-6053 . FAX: 651-439-2559 . . . . City of Stillwater Planning Commission June 13, 2005 Case No. V/05-29. This case was withdrawn. Case No. V/05-20 A variance to the front and street side setbacks (30 feet required, 1 foot requested) for construction of a porch at 1124 N. Third St. in the RB, Two Family Residential District. Jason Mattox, applicant. Mr. Mattox was present. He said the porch will be Victorian in style. The front of the porch will be 2 feet shorter than an existing porch that does not match the house in style. The side porch would extend 3 feet farther than the existing structure. Mr. Turnquist moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No. SUPN105-31 A modification to a special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for construction of a two-story addition to an existing two-car garage at 801 W. Pine St. in the RB, Two Family Residential District. Rita Graybill, applicant. . Mr. Gag recused himself, and Mr. Teske assumed the chairmanship for this case. Ms. Graybill explained she would like to build an addition to the existing carriage house/garage. The addition would be for personal use, she said. Ms. Fitzgerald said the HPC had approved the design and materials as proposed. Mr. Turnquist noted the staff report recommended denial and questioned the reasoning for that recommendation. Ms. Fitzgerald said because there is no apparent hardship. Mr. Peroceschi and Mr. Wald expressed a concern that the addition would create the potential for another room for the B&B use. Mr. Dahlquist noted that the setback/variance is due to the existing carriage house/garage, not the proposed addition, and he noted the proposed addition is within the allowable size for an accessory structure. Mr. Dahlquist moved approval as conditioned, with the additional condition that there be no additional sleeping rooms. Mr. Junker seconded the motion. Motion passed 4-2, with Mr. Peroceschi and Mr. Wald voting no; Mr. Gag had recused himself and did not vote. Case No. SUPN/05-32 A special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) at 821 Third St. S. in the RB, Two Family Residential District. Todd Huntley, applicant. . Mr. Huntley explained the request is to construct a carriage style dwelling unit. The structure would be built on the same footprint as the existing garage; the garage will be removed. 3 . City of Stillwater Planning Commission June 13, 2005 Mr. Junker pointed out there was a reason for the Planning Commission's recent change in the allowable size of accessory structures. Mr. Teske said he had more of a problem in exceeding the 800 square feet than with setbacks. Mr. Junker agreed that it was the size, not the setbacks, that was of concern, and he suggested that Mr. Huntley could design an acceptable accessory dwelling unit of 800 square feet. Mr. Junker, seconded by Mr. Peroceschi, moved to deny Case No. SUPN/05-32. Motion passed 6-1, with Mr. Wald voting no. Case No. SUBN /05-33 A subdivision of a 17,250 square foot lot into two lots of 8,625 square feet each, with a variance to the lot size requirement (10,00 square feet required) at 1802 N. Fourth St. in the RA, Single Family Residential District. Elizabeth Crooker, applicant. Ms. Crooker said she had spoken with her neighbors and understood there were previous problems with the lot/owner, and said she hopes those concerns are in the past. She also said she heard neighbors' concern regarding setting a precedent. She noted the proposed new house meets setbacks. She provided plans of the proposed house. She noted that the area has been stubbed for water/sewer and there is an existing curb cut. She said she felt the proposed house would be an . asset to the area. Jennifer Shaller, 1819 N. Fourth St., said while she feels Ms. Crooker would be a good neighbor, she still has concerns with setting a precedent for future variance/subdivision requests. Mr. Junker noted that whether this case is approved or denied, it would not be setting a precedent requests are considered on a case-by-case basis. Commission members complimented Ms. Crooker on the building plans. Mr. Teske said while the plans were nice, he did not think there was enough space to accommodate another house. Mr. Dahlquist said there are generally large lots in the area. Mr. Dahlquist also questioned the hardship involved in granting the variance and suggested there is no compelling reason to grant the variance. Mr. Turnquist noted there is a large house on the adjacent lot and suggested Ms. Crooker's house might modify the impact of the other house. Mr. Teske said an additional structure would be one more negative aspect and would not counterbalance the other house. Mr. Teske moved to deny Case SUB/V/05-33. Mr. Dahlquist seconded the motion. Motion for denial passed 4-2, with Mr. Turnquist and Mr. Wald voting no and Mr. Junker abstaining. Mr. Turnquist, seconded by Mr. Wald, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker, Recording Secretary . 4 . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUP/V/OS-32 Planning Commission Date: June 13, 2005 Project Location: 821 Third Street South Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Todd Huntley Type of Application: Special Use Permit and Variance Project Description: A special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet required, 1000 square feet requested) and a variance to the rear setback (25 feet required, 6 feet requested). Discussion: The applicant is requesting a special use permit and a variance for an accessory dwelling. The proposed dwelling is 1,000 square feet (800 square feet required) and a variance to the rear setback (25 feet required, 6 feet requested). It is staff's recommendation that the applicant should build a garage which could meet the required square footage and setbacks. Recommendation: Denial Conditions of Approval: Should the Commission approve the request, staff recommends the following conditions of approval: 1. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. 2. The accessory dwelling unit shall match the main structure in style, color and materials. Findings: Special Use Permit. 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. Variance. 1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. Attachments: Application form, letter from the applicant, site plan, elevation drawings and photos. CPC Action on 6/13/05: Denial 6-1 . . . } , . PLANNING ADMINISTRJ.. .ION APPLICA liON FORM . Date Filed: Fee Paid: Receipt No.: Case No: 6upJ(jlo~ -3;;2. 6/:;-71 n.c:; .~ / bfj.:l b COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED f/ Special/Conditional Use Permit ;/ Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has .ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the equired building permits. PROPERTY IDENTIFICATION Address of Project ::.r 2-/ '/4J:12.,jJ S r 5. TMG- Zoning District;f'C-~ Description of Project . Assessor's Parcel No. > > 6 -':;;0 "u::> (f 06 q l' (GEO Code) 7Dw>_ Obt'vfl...c! € Y~$rpv6- c.~o e..e.- &1'.. CCjC.. I /}Lce~6"'.z 'I ~#~ A40 ~Y<4CE:- t<....I/ ~-4-6-{:. k-1,.1Ju&-~1- ttA./;z::T 4~(jv~ G-/H'..A<....e -r/Hrz e'./.~'f N}~ E:-K~"i..r&N'Gr- r'~A4c!':", "/ hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my know/edge and belief, to be true and correct. / further certify / will comply with the permit if it is granted and used. " Property Owner'?;DD /) i4..iV TL ~ Y Mailing Address 120.. L5t1)c 97 City - State - Zip Srz-u-~~; J..1I.v s")"rz... . . Representative 1-/4 Mailing Address City - State - Zip Telephone No. t;a '-2~r;.-fRo~ Signaturp _~~ ~ (Signature is required) Telephone No. Signature .ot Size (dimensions) 1'1'1' x 1/7f and Area 14- ,.8'Yil S9. ~r Height of Buildings: Stories Principal ..J ~/",,?t.P - Accessory / Feet ~ -,' ~::> Zo' (Signature is required) SITE AND PROJECT DESCRIPTION ~ ~uL?,?o - (;;....<1Aa..<t /) S c... I'u~f? - tJ.veuZrlC- r~l"o5EP ec.v.;p r&U""'-/wo ~:&-r Total Building floor area /'Js3 square feet Existing ?io square feet Proposed 99tJ square feet Paved Impervious Area /7()o square feet No. of off-street parking spaces ,r. (., H: \mcna mara \sheila \PLANAPP .FRM April 20, 2005 Todd Huntley PO Box 99 Stillwater, MN 55082 May 27, 2005 Stillwater Planning Commission 216 North Fourth st. Stillwater, MN 55082 Dear Members of the Planning Commission: The purpose of this letter is to outline the request for a special use permit and variance for the property located at 821 Third street South. The zone in which the property is located is the RB - Two family district. The city code it requires that a special use permit be acquired to construct an accessory building (garage) with an accessory dwelling unit located on the second level. A variance will also be required due to a variance that is currently approved for a neighboring property at the rear property line. Brief History: . Let me provide a brief synopsis ofthe work completed thus far on the property. In January ofthis year I purchased the property with the intention of fully renovating the property. The last owner of the property made significant repairs to the exterior of the house, but much of the interior portion of the house was in disrepair. To date I have made much progress on the interior of the house; all of the major mechanicals have been updated and or replaced, the kitchen and two bathrooms have been taken down to the studs for complete updates, all of the windows on the third and second floor have been replaced and all of the cracked plaster in the house has been removed and or repaired. As I stated, my intention is a full renovation of the property which now I would like to move the focus to the detached garage. Request for Special Use Permit: Structurally, the existing detached garage does not share the same design or materials of the home. The existing garage consists of concrete block walls with a 4/12 pitched roof that needs to be replaced; the existing roof on the house features rooflines with 14/12 &12/12 pitch. Functionally, the garage is on the small side and the overhead doors are not high enough to accommodate either one of my family vehicles (Chevy P-up & Ford Excursion). So with these things said, I believe that the best solution that will best fit my needs as a homeowner is to tear down and rebuild. A "Carriage Style" detached garage, I believe, would the most architecturally pleasing and most architecturally correct for the period the home was built (1892). Given the geometry of the rootlines that will be required to match the garage to the existing home, a dwelling space above the garage makes good sense. This space above the garage offers provides a tremendous bang for the buck and would allow me to have a home office! home gym completely separate from my home. Beyond these items, I am not ignorant to the financial benefits of how the new structure would greatly enhance the overall curb appeal and value ofthe home. Benefit to Surrounding Home Owners and Community: Given the lot size and the prominence of the location there is no question that the surrounding homeowners and community would also benefit from these improvements. This house provides a bookend for renovation to Third S1. homes to the North, many of which stand much to gain in value with the renovation of this property. Third st. is also one of the main thoroughfares within City of stillwater; beautification along this corridor has intangible benefits as well for City of Stillwater. . . . . . . Page 2 May 27, 2005 Hardship - Request for variance(s): Let me first the property meets all of the following requirements for the dwelling unit: Lot size, dwelling unit to be located on the second floor of the garage, located in the rear yard meeting the setback from the street, off street parking of 5.6 spaces, unit space to will be less than 784 square feet, the exterior design should meet the design requirements as it has been professionally designed to match the architecture of the home, height will be within the 20' requirement, the unit will be connected to the primary water and sewer system via the primary house and finally is located on an improved public street. My first hardship with the current property is has to do with the setbacks required for the dwelling unit! detached garage. With that said the lot itself is 16,848 feet square feet, which is a substantial city lot. I am on a comer lot; therefore. I am limited to the NE comer of the lot. My neighbor to the rear property line (East Side) line has a variance to build up to the existing property line which presents a hardship or significant limitation. Even if the proposed garagel dwelling space above was attached to the home, the width of the front of the garage would be limited to 26' wide with 15' setback. In my opinion, this would result in a poor use of space for my property. In my request. I am asking that I be able to utilize my existing footprint and expand seven feet to the northl side lot bring the building to within fIVe feet of that property line. In this request, 94% of the footprint of the existing garage is being utilized for the proposed structure. I am also requesting that the rear setback would be maintained at the current distance for the new garagel dwelling unit (5' from the property line, with less than I' of over1ap of his existing neighbors building - see diagram 1.1). Given this design (see diagram 1.4) with no window on that side of the building. the fire codes requirements could easily be met. The dwelling space above would actually be approximately 8' from the property line with step walls for the roof. This would meet the 15' set back for dwelling space from a neighboring building. if there was no pre-exiting variance in place for my neighbor to the East! rear property line. My second hardship is with the city code limitation of 800 square feet for the accessory space below the dwelling unit. Opposed to the "old code" that was in place, the new code does not support designs that have curb ~ppea/. It is not my intention to be sarcastic, but 1 am going to be blunt. Tile new code supports low ceilings and roofs with 4/12 pitches, a building that looks like a box with a top. In my opinion, it also supports additional accessory buildings to hold things like bikes and lawn mowers because the garage is too small. The old code supports pitched roofs and designs that are pleasing to the eye; I am requesting a variance to use the old code standard of 1000 square feet for the garagel accessory building and 800 square feet for the accessory dwelling unit. It will only have two garagedoors and be extremely pleasing to the eye. I believe the diagrams teUs the story (see the diagrams (1.3 -1.6). I respectfully submit and appreciate the Planning Members consideration of this request. Thank you for your time and attention. Sincerely, I ~, Todd Huntley ~\::>~ Fh_D ~> 2. ",-T 'i / -rt.f.cL...o ."'" Sr- :57=/~ FtA-"-l 8 2.1 -n-\-I"RJ~ .)T'c 15'/ /<I} trZ /'l IIDt. <;.;:'_ --" '.f / I 'h, -:;.. ~ C~Lf:_ ~~ ("I Lx ('"I C (p/ I I i I' If r. "r~,^-,' ;e nA","" I:: yf'AN ,_, _,,'d .__~,,:~E__Y_~_~____~"_ 'j C lQ:"V" ZA/iS-- 6~.A"6--l!i:", ,;t:1'"",,~ _~,,,tAJ"- (' , ,"" 0 "/ C I!. f, 'r[! /' ., I I I ,/( Ie 1-\ ~:sl iR, J I jp !I!. . " v f L l N t lii ~ 51 . :\. /\ i. 3 ' . 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'I lrnJm[~IEEIIEBI I EEIIEBIIEBJIEEIIEBI -18] ImJ l.~ lWJ lQIj fEEl m IleTI EB I fm 1] 19J1gJUJJ[Ji rDllDllDI D [gJ LQI[[]DlDJTDl IDIDI[]IOlDJ 3.-<r f1\ SOUTH ELEVATION \~ Scale: 1/4" = 1'-0" b~lU'\ I. ~ . (1\ EAST ELEVATION \1'.2) Scale: 1/4"" 1'-0" --' fj r<"'rG-P--I~;<J\.. }. l( . . . . . 30'." (1""',,\ NORTH ELEVATION \'::3.) Scale: 1/4" = 1'-0" .bc~~~t I. s- . r C;> ;;; . . . IO~ r--sO I C~ [)r[ ['-11 ,~- I .J _~ ...-J ~ OLJ ~[ [III II~DI 33'-61f4" f1\ WEST ELEVATION \f'.:2.-J Scale: 1/4" = 1 '-0" D :CA-G-~ I~M 1(.0 . . P(:;> LL_G:- ':)q,,"- \! U ~ ~ 11 i! n ! I Ii i I I -, W ~'L..A- <(~, K-~-r- C-. -\OH'~ ./ \ I :> T-Z-4> IN CH-C V 1: ~,>,l:rU\:VJ1 < () c. f'I.-Ct.-. I' 1~1 /~l (, ,J -7 i' or J,.(,.-E.- < ----- l~ lid t. c(...L,...~\ II -,\ II ^ t'i v\./ !iAl../ r;:..R.. Po'SS- \ l-~~,,~."<, L~ G.\.! t-n_/' Rr ( \- ' v -"I'---~ ',,- I "'\ J \ \ ~) 'r="'''''~....."..J: -,,,,,,/,.,,... /~ / " i Y -r--l ! i I i , J I r , i l",,",.- ~ ! ' I 1 i \~ LA '.... ...,.') '7r E F> wA<-I.-$ ._~~-~-...- -A" (~_,t!' ., ... ~~_.,~~._~-_.~.,. -+ \-~.- \ \ ~ (~2 t\ ::;'--rr..tt=" LJ .4-<-L<;;_ -------4 I ! 1- . ---- ~~ ....;, i ", /' I . / ,',.. I' . I~ / \ ( "^ 1 _.i ~ -- !:.., f ('-~) . Itf(f(LO\1- C;~ _ r-,..- -- ? 8>4 ...,...~,.. . July 4, 2005 To: Stillwater City Council City Hall 216 N. Fourth St. Stillwater MN 55082 Subject: Mr. Todd Huntley permit request for a 1,000 sq. ft. garage with second story apartment. I support Mr. Huntley's request for a 1,000 sq. ft. structure at 821 S. 3rd St., Stillwater. . (JUf2{.f>i-f- flJJ.~ Dwayne Nelson 822 S. 2nd St. Stillwater MN 55082 . . . . ORDINANCE NO. 962 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF STILLWATER THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. AMENDING: City (ode. Sec. 27-1. Dogs and other animals. Subd.1 0, entitled Reclamation is I Hereby deleted in its entirety and replaced kith the following that reads: Subd. 10. Reclamation: pound fees. Impounded animals maybe reclaimed by their owners after payment is made to the city of a pound fee. In addition, no animal may be released to its owner without the owner first having secured any license required for that animal in the city. All fees and charges for pound fees in the city will he established from time to time by resolution of the city council. 2. AMENDING: City Code, Sec. 29-1, entitled Sewer service charges, Subd. 2. to read as follows: A penalty charge as established from time to time by resolution of the City Council, shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. 3. AMENDING:_ City Code. Article I, entitled Storm water Utility, Sec. 35-1. Subd. 2, entitled certification of past due fees on taxes to include: A penalty charge as established from time to time by resolution of the City Council shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. 4. AMENDING: City Code, Article I, entitled Storm water Utility, Sec. 35-1. Subd. 2. entitled Penalty for Late Payment to read as follows: A penalty for late payment means that each quarterly billing for storm water drainage fees not paid within 70 days of being due will incur a penalty charge as established from time to time by resolution of the City Council. 5. AMENDING: City Code, Article III, Street Lighting; Location and Costs, Subd. 3.5 to include: A penalty charge as established from time to time by resolution of the City Council shall be added to tine amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. 6. AMENDING City Code Chapter 31 Zoning, Subd. 24.16c, entitled Permit required shall read as follows: . No fence shall be erected without first obtaining a fence permit. Application shall be made to the community development director. The fee shall he established by resolution of the City Council. The community development director is authorized to issue a fence permit if the application indicates that the fence will be incompliance with this subdivision. The city council shall hear and decide appeals when it is alleged that the community development director was in error. The appeals shall be taken as prescribed in Subdivision 29 of this section. 7. AMENDING: City Code, Chapter 31. Zoning, Subd. 31.6e, entitled Fees shall read as follows: All applications for a storm water management plan approval must be accompanied by a process and approval fee as set from time to time by resolution of the City Council. Applicants must also reimburse the City for actual engineering costs incurred by the City for review of the application. 8. AMENDING: The current section of the City Code, Chapter 41. Licensing of individuals, firms, corporations and subcontractors doing or performing work within the city. Sec. 41-1. Subd_ 4_ Fee shall read as follows: . The annual fee for each license is established by resolution of the City Council. 9. AMENDING: City Code, Chapter 41, Licenses Permits and Prohibitions, Sec. 41-63, Fee shall read as follows: The annual fee for each license is established by resolution of the City Council. Licenses fees are due on the 1 st of January in each calendar year. 1 O. SAVING. In all other ways, the City Code will remain in full force and effect. 11. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this 5th day of July, 2005. Jay L. Kimble. Mayor . ATTEST: Diane F. Ward, City Clerk . . . Memo To: From: Date: SUbject: Mayor and City Council Iv Steve Russell, Community Development Director . .... June 30, 2005 Settlers Glen 8th Addition It is recommended this subdivision request be continued to your meeting of July 19, 2005. Staff has not had enough time to evaluate the recently provided additional information, the applicant is unable to attend the meeting and other conditions of approval regarding ponding and park improvement needs to be further discussed with the developer. . MEMORANDUM TO: Mayor and City Council FROM: Tim Moore --r;.,v\. Co Sf. Engineering Technician DATE: July 1, 2005 RE: Pine Street Concrete Rehabilitation Project Project 2003-14 DISCUSSION: . Bids for the Pine Street Concrete Rehabilitation Project were opened on Friday, July 01, 2005. The City received three bids with the low bid of $465,576.90 submitted by Progressive Contractors Inc. (see attached resolution). The engineer's estimate for this project was $478,850.00. RECOMMENDATION I recommend that the City accept the bids submitted for the Pine Street Concrete Rehabilitation Project, Project 2003-14 and award the contract to Progressive Contractors, Inc. with a low bid of$465,576.90. ACTION REOUIRED~ If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2005- ACCEPTING BID AND AWARDING CONTRACT FOR PINE STREET CONCRETE REHABILITATION PROJECT . ACCEPTING BID AND AWARDING CONTRACT FOR PINE STREET CONCRETE REHABILITATION PROJECT (Project 2003-14) . WHEREAS, pursuant to an advertisement for bids for the 2005 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Progressive Contractors Inc., St. Michael, Minnesota $465,576.90 Knish Corporation, Lonsdale, Minnesota $478,437.05 Midwest Concrete Specialties, Inc. $489,960.05 ENGINEER'S ESTIMATE $478,850.00 and WHEREAS, it appears that Progressive Contractors Inc., St. Michael, Minnesota is the lowest responsible bidder. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Progressive Contractors Inc., St. Michael, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 5th day of July 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . MEMORANDUM TO: Mayor and City Council ~~- Shawn Sanders, Assistant City Engineer FROM: DATE: June 29, 2005 SUBJECT: Boutwell Road Improvements Approval of Plans & Specifications Authorize Advertisement of Bids Project 2005-05 DISCUSSION Staff has completed the plans and specifications for the Boutwell Road Improvements. The next step of the process is for the City to advertise for bids. In order to do this the City Council needs to pass a resolution approving the plans and specifications and authorizing advertisement for bids. Taking this step will allow us award the project to the lowest bidder at the August 2, 2005 City Council meeting. RECOMMENDATION Staff recommends that the City Council approve the plans and specifications for the Boutwell Road Improvements and authorize advertisement for bids. ACTION REOUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution 2005- Approving Plans & Specifications and Ordering Advertisement for Bids for the Boutwell Road Improvements (Project 2005-05). . APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR BOUTWELL ROAD IMPROVEMENT PROJECT (PROJECT 2005-05) WHEREAS, pursuant to a resolution passed by the Council on May 3, 2005, the City Engineer has prepared plans and specifications for the Boutwell Road Improvement Project (Project 2005-05) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and twice in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Monday, August 1, 2005, at 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on August 2, 2005, in the Council Chambers. Any bidder whose responsibility is questioned during consideration ofthe bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. . Adopted by the Council this 5th day of July 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . . ORDINANCE NO.: AN ORDINANCE AMENDING THE CITY CODE, BY ADDING A NEW SECTION TO THE ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Addin2:. Chapter 31 (Zoning) of the City Code is amended by adding a new Section (4) to Section 31-1, Subd. 7, that will hereafter read as follows: 31-1, Subd. 7(4) If two or more contiguous lots or parcels of land are owned or controlled by the same person, any lot or parcel does not meet the full width or area requirements of this Ordinance cannot be considered as a separate parcel of land for purposes of sale or development. The lot must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the full lot width and area requirements of this Ordinance. 2. In all other ways the City Code will remain in full force and Savin2:. effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this day of June, 2005. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . Memo To: Mayor & City Council From: Sue Fitzgerald, Planner Date: 7/1/2005 Subject: Temporary Banner Marathon Oil is requesting a temporary banner be placed on two canopies located at the Oasis Markets on Greeley Street and Croixwood Boulevard. Marathon is replacing Amoco Oil. The banners are 24" X 78" and they will be on the canopies July 19 to August 19, 2005 . . . -; L5~~ '/~cM~ 1!'l XCi- C/ ~ VW1Y ~ . Certificate of Achievement for Exceence in Financiad Reporti11g Presented to City of Stillwater, 'Minnesota . For its Comprehensi\c Annual Financial Report for the Fiscal Y car Ended December 31, 2003 A Certificate of Achieyement for Excellencc in financial Reporting is presented by the Goycrnment finance Officers Association of the United States and Canada to gmernment units and public employee retirement systems whose comprehensJ\T annual financial reports (CAFRs) achiC\c the highest standards in goyellunent accountmg and financial report mg. ~ ~~7~v' p()L ~-- u (/ President ~/~ Executi\e Director . . June 23, 2005 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Jim Doriott, Jim Hiniker, David Johnson and Linda Countryman. Also, Treasurer Gloria Sell, Attorney Soren Mattick, Planner Dick Thompson and Engineer Paul Pearson. 1. AGENDA - M/S/P Johnson/Doriott moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Hiniker/Doriott moved to approve the 6/9/05 Stillwater town board meeting minutes as written. (5 ayes) M/S/P Johnson/Hiniker moved to approve the 6/20/05 National Park Service meeting minutes as written. (5 ayes) .. TREASURER - a. The treasurer talked about various financial transactions. b. Claims and checks # 17295 through # 17306 were reviewed and approved for payment. 4. ATTORNEY- a. Otis Issue - Form 0 and E has been requested from the county but not received yet. (Next agenda) b. Jake Brakina Issue - Steve Nelson will be asked to talk with Mike Raleigh about his help with trucks going in and out of his pit. The drivers are to be told not to use the noisy braking as the noise pollution is annoying the public. The township does not have a system to enforce signage so we hope we can count on the cooperation of Mike and the drivers. (Next agenda) c. Pool Cover Issue - A resident does not want to fence a pool area which is required by current codes. A cover for the pool was discussed. The attorney will bring a code ordinance amendment to the next meeting for consideration. (Next agenda) 5. PLANNER - a. Met Council Sewer Exoansion Pli;ln Resoonse. - There is no plan to expand sewer now or to begin the effort. Sewer capacity for the area south of Highway 96 will last until 2030. Before a new expansion plan is in the works, there will be representation from the prospective areas involved in the new plan. . " Stillwater Town Board Meeting - 6/23/05 Page T'i b. Accessorv Structures - M/S/P Hiniker/Countryman The accessory structure ordinance was reviewed and changes were accepted as discussed. (5 ayes) (Next agenda) c. Animal Units - The planner will relay to a new resident who has placed five horses on his five acre lot that the horses may remain for only 30 days unless the owner applies for and receives a conditional use permit that would allow more horses than allowed by the ordinance on the property. A neighbor present commented that there is a smell of horses evident already. (Next agenda) d. Axdahl Prooertv - The planner met with Dennis O'Donnell and the developer. Setbacks for houses was discussed among other items. e. Conservancv Zoning Change TO Aariculture Zoning - 1. Metro Council has approved the change of category - conservancy to agriculture. M/S/P Hiniker/Doriott moved to approve a resolution regarding a comprehensive plan amendment and a zoning change conservancy to agriculture. (5 ayes) (Next agenda) 2. M/S/P Hiniker/Countryman moved to approve Ordinance #133 changing conservancy to agriculture zoning. (5 ayes) 3. M/S/P Johnson/Doriott moved to rescind the previous conservancy . payments and refund the conservancy zoning related fees to Diane Stockstead ($325.00), Don Kirby ($325.00), Ken Seefert ($325.00) and Mary Meinecke ($325.00). Conservancy fees refund for Lee Busse will be considered. (5 ayes) f. Bartz Subdivision Uodat~ - Changes were made to the plat after input from the board at the last meeting. (Next agenda) g. Heifort Road Vacation - The planner will look at the road. (Next agenda) 6. PROPOSED ARCOLA AREA TRAIL SYSTEM - a. M/S/P Doriott/Hiniker moved to develop a trail system for horseback riding, walking, etc., in the Arcola Trail area. (5 ayes) b. M/S/P Johnson/Hiniker moved that the attorney persue McKenzies for a right-of-way for trail purposes. (5 ayes) The engineer will talk to Raleighs about trail. 7. ENGINEER - a. Mr. Rydeen and Mr. Lepinski have not been heard from yet about run-off from their properties. The engineer will contact them. (Next agenda) b. Moved to adopt Schifskys' bid of $47,469.06 for the 2005 Blacktop (Overlay) Road Maintenance work. c. Calcium chloride application will happen within the next few weeks. d. The township will be charged 25010 of power costs for the temporary signal at Highways 12 and 15. . . Stillwater Town Board Meeting - 6/23/05 Page Three 8. WATER MANAGEMENT CONSOLIDATION - On July 12 there will be a meeting in Scandia re: the merging of the Marine WMO with the Carnelian Marine Watershed. Changing the board from 5 to 7 members will be discussed and also the financial arrangements. 9. ADJOURNMENT - Meeting adjourned at 9: 15 p.m. Clerk Chairperson Approved . . ; CIZ! q- P/l0 ~ rvr . Manning Avenue Safety and Mobility Project Public Information Open House June 22, 2005 Aamodt's Apple Farm 3:30-7:00 PM Purpose of the Meeting: To provide the public information relating to the project and an opportunity to provide input. Specifically, the proposed typical section showing an urban curb and gutter section on the east side and a ditch section on the west, with a trail on each side, and the anticipated construction impacts of that typical section were presented for comment. Information on noise and wetland impacts was also available to the public. Attendance: Washington County was represented by Sandy Cullen, Transportation Manager; Mary Marotta. Senior Design Technician; Joe Lux, Senior Transportation Planner (project manager); Wayne Sandberg, Deputy Director/Assistant County Engineer; and Commissioner Gary Kriesel. Thirty-seven people signed the sign-in sheet. An additional ten provided written comments without signing in. We estimate that total attendance was between 50 and 60 people. Meeting Notice: The following methods were used to notify the public of the meeting: ~ Direct Mailing- approximately 1,500 mailings were sent to residents of the affected area. ? News Release- the newsletter was mailed to all newspapers covering the Stillwater/GranUStillwater Township/Lake Elmo area and notice of the meeting was published in most outlets. . Meeting Summary: The meting was an open house format with no formal presentations. Attendees were asked to sign in and were given the opportunity to fill out comment cards and to speak with County representatives. Project information displayed at the meeting included: );> Aerial photographs with the concept layout and preliminary construction limits and wetlands shown. ~ Aerial photography with crashes diagrammed. ~ Proposed typical sections (with 8.5" X 11" handouts available to take). ~ Project process and schedule display. ~ Project issues display. ~ Property acquisition information handout. ~ MN/DOT speed limit information handout. ~ Traffic volume graphs, with projected traffic. ~ Alternative alignment information. ~ Frequently Asked Questions and Answers, derived from the November 18, 2004 open house and from public comments received by County staff handout. Comments: Attendees were encouraged to discuss any issues of concern with County representatives, to provide written comments, and to provide e-mailed comments to the project manager or to call after the meeting. Questions raised at the open house will be added to the Frequently Asked Questions and Answers and posted on the County web site. Those comments that require direct answers or other action will be responded to appropriately. The updated "FAQs" and a summary of the open house will be sent to the project's e-mail contact list and to the Project Management Team. Written comments received at the open house are compiled below: . .. ... Public Comments from Manning Avenue Open House June 22,2005 . Comments To Whom It Concerns! We seriously want our concern, our input, taken in regard to any further expansion on widening of lanes north of Co. 12 and 75th St - in Grant City in the Manning Ave road project. We welcome and believe a signal will, at Co. 12 or 74th and Manning, be and is necessary and long overdue! We object to any median on the corner of both Co. 12 - 75th S1. and north of 12 on Manning for two reasons for and worthy of consideration: One: Mahtomedi had one coming into the City of Grant on 12. It was obtrusive and dangerous and waiting for an accident to happen and it happened. The life of a cyclist was taken. Two: It gives without saying and obviously takes more land and anymore than what is presently there is what Co. Commissioner Shafer, Sr. assured us would be enough for the futureH The County and Grant already have provided land for the Gateway Trail and we have enough city people parking in Grant - our back yards to view and enjoy are open fields we pay taxes for. To obtain anymore land north of Co. 12 from our land will put us in the dilemma of shorting us in the north of buildable density units that are allowed in Grant of our density units! This will deny us the price of this highly valued corner already being sought after by developers named at our price, if we'd sell. If and when this is to be acted upon we are open and willing to consider price per acre offered us by more than one party. We honestly believe no horseback rider is about to ride along such a busy highway for several reasons, let alone develooanv more trCJils than alreadv exists. Thank you. R\2015021Public MeetinglPublic comments 6-22-05 no names. doc . e Diane Ward .rom: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington,mn.us) Thursday, June 23, 2005 2:55 PM Pat Raddatz Washington County Board Agenda - 6/28/05 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda June 28, 2005 * 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 .ounty Board secretary or the County Administrator. The County Board Chair will ask you to come o 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: 1 0 - Consent Calendar 4. 9: 1 0 - Sheriffs Office * Steve Pott, Sheriff A. Receipt of Donation of 6 Ballistic/Stab Resistant Vests for Police Service Dogs B. Water Safety Deputy of the Year for 2005 5. 9:20 - Public Hearing * Housing and Redevelopment Authority * Barbara Dacy, Executive Director Consider the Creation of Redevelopment Project Area Plan NO.2 and Tax Increment Financing Plan No. 2-1 (City of Oakdale/Whispering Oaks) 6. 10:05 - General Administration * Jim Schug, Administrator .. 10:10 - Recess Into Executive (Closed) Session with Transportation and Physical Development ~iscuss Proposed Cost of Right of Way and Appraisal Review for CSAH 16 at 1-494 Interchange 8. 10:25 - Transportation and Physical Development * Don Theisen, Director 1 Acquire Right of Way for Reconstruction of a Portion of CSAH 16 at the 1-494 Interchange 9. 10:35 - 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. 10. Board Correspondence 11. 10:55 - Adjourn 12. 11 :00 to 11 :30 - Board Workshop with Assessment, Taxpayer Services and Elections Tax System Update 13. 11 :30 to 12:00 - Board Workshop with Office of Administration Review Legislative Actions Completed in the Regular Session *********************************************************************************** Meeting Notices June 27 - Metropolitan Emergency Services Board 9:00 a.m., 2099 University Avenue West * St. Paul . June 27 - Library Board 6:30 p.m., 8595 Central Park * Woodbury June 30 - Red Rock Corridor 3:30 p.m., 7516 80th Street South * Cottage Grove ************************************************************************ Washington County Board of Commissioners Consent Calendar * June 28, 2005 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 June 21, 2005 Board meeting minutes. B. Approval of a project management contract in the amount of $64,000 with Lantz consulting to manage the imaging requirements analysis. . Assessment, Taxpayer Services and Elections 2 C. Approval of resolution, applications for approval of a new use of tax forfeited lands, located in the .ity of Stillwater. . D. Approval of a temporary on-sale liquor license for the Greeder-Hinds-Comfort Post #323 (VFW) to be used at the Washington County Fair, August 3-7, 2005. Community Services E. Approval of the HOME subgrantee agreement with Two Rivers Community Land Trust for the acquisition and rehabilitation of affordable homes. F. Approval of the Community Development Block Grant subgrantee agreement with Two Rivers Community Land Trust for an affordable housing acquisition and rehabilitation project. G. Approval of the Child Care Resource and Referral Program to receive $120,000 in state and federal funds for SFY 2006 and 2007. Public Health and Environment H. Approval to accept Natural Resources Block Grant funding in the amount of $62,473 from the Minnesota Board of Water and Soil Resources for 2005. I. Approval of Amendment NO.2 to the cost and payment section of the agreement with Olsen Thielen & Co. for financial auditing services for the period of July 1, 2005 to December 31, 2005. ~ransportation and Physical Development J. Approval of Amendment NO.1 to the cooperative construction agreement with the City of Woodbury for road and signal construction on Radio Drive. K. Approval and execution of a traffic signal construction and maintenance agreement with Mn/DOT and the City of Hugo for the intersection of TH 61 and CSAH 8. L. Approval of resolution, purchase property for inclusion into Big Marine Park Reserve. M. Approval of resolution, jurisdictional transfer of a portion of CSAH 28 to the City of Bayport. N. Approval of resolution, transfer of the remainder lands acquired as part of the Wakota Bridge project and the re-alignment of CSAH 22. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 .-mail: pat.raddatz@co.washington.mn.us L 3 Nature Valley Grand Prix - Stillwater Bike Race Page 1 of2 Diane Ward . From: Dahl Andrew [AndrewDahl@tetrapak,com] Sent: Friday, June 24, 20052:11 PM To: Craig Peterson; Diane Ward; Larry Dauffenbach; Jaykimble@comcast.net; davejunker@usbank,com; Stuart Glaser; Steve Hansen; Larry Hansen; Klayton Eckles Cc: DLaPorte@umn.edu; tim.ramos@hbfuller.com Subject: Nature Valley Grand Prix - Stillwater Bike Race Good Afternoon City of Stillwater, If I may take a few minutes of your time, I would like to thank you for allowing the Nature Valley Grand Prix to return to Stillwater for the fourth year with terrific results! We had great racing and experienced huge spectator turnout with only the finest weather! I'm proud to have a fine crew that made the day go by like clockwork. The help we received from the on-duty police and medical officers was first rate. We had the course closed down and opened back up at the end of the day in record time and safely. The couple of medical incidents during the race were handled promptly and professionally. The streets department provided an impeccable venue, as well. In the end, the day was a success once again. In fact, the woman who won the race in Stillwater is professional cyclist Lynn Gaggioli and she had expressed, "... The racing has been superb. The crowds have been attentive. I think this may be the best stage race in the country for women." This is possible thanks to our volunteers, the spectators who cheer them on and the communities with whom we coordinate. . With the good, there were a few bumps in the road this year. I'd like to briefly touch on each: 1. Our notifications to businesses did not get delivered due to administrative issues that took place at the Chamber of Commerce. As such, we made a last ditch effort to inform all affected businesses in person. 2. The No Parking signs were destroyed the night before the race. We place the signs every year and are happily do so to minimized labor expenses incurred by the city. We quickly reposted signs at critical areas, knocked on doors and worked with the police to minimize towed cars. 3. St. Croix Antiques owner Mr. Randy Nelson is upset by our presence. He is located on 2nd between Chestnut and Myrtle, outside the course. The issues: street closure and people parking in the lot near the store. I've talked with Mr. Nelson and told him I wanted to connect with Stillwater officials before reconciling the issues. He agreed to this. At this time, I feel only item #3 requires immediate attention. I would like to discuss this further with the appropriate person/people. I promised Mr. Nelson a phone call during the week of July 4th. Please direct me to the appropriate contacts. I would appreciate any feedback/comments the city has regarding the bike race. We will be holding a debrief meeting in a few weeks and I would like to pass along any information, We look forward to working with you in 2006! . Best Regards, Andrew Dahl 6/24/2005 May 11,2005 . To Whom It May Concern: The Bayport American Legion would like to keep gambling in the St. Croix Valley area. We have raised funds from revenue to money back into the community. We have done this by funding for grade school "special projects", and donating money to both the Fire Department and Police Department. We are requesting a resolution to continue gambling at Ruby Begionia's. A~~~ Aaron M. Prichard Gambling Manager . . ~ lZ2?O~' THE PRODUCT IS OUR PROCESS -hy James Brimeyer In the world of executive search, a thoughtful and logical approach should produce satisfying results for both the employer and the new employee. Recognizing the eHects of a well-planned search process on the desired outcome, The Brimeyer Croup has sharpened and perfected a course of action that we believe achieves the best possible results in delivering the finest candidates for the job as well as a highly desirable job for the candidate We strive to be flexible and responsive to our clients' requests using the following components as our foundation. DEVELOPMENT OF A POSITION PROFILE A Position Profile illustrates the organiza- tion and desClibes the basic responsibilities and duties of the position, reporting relationships, education requirements, and experience necessary for satisfactory performance In developing a Profile, we meet with the hiring authority, appropriate staff, and other interested parties to discuss the role and responsibilities of the position to be filled We may often speak with 25-40 people to gather this infomlation, which is then developed into a Profile and approved by the hiring authority The Profile serves as a consensus docu- ment for the organization and as a recruiting tool to interest candidates in the position. Profiles appear on our web site at wwwbrimgroup.com and provide a direct link to the client's website LOCATION AND RECRUITMENT OF CANDIDATES We conduct a comprehensive program to identify and recruit candidates from comparable organizations that have appropriate backgrounds and areas of knowledge The position is marketed in profeSSional journals, newsletters, and on the Internet. We recruit candidates using our substantial contact lists, assembled from 15 years of previous searches and updated for each assignment. We then direct mail Profiles to 200 to 300 potential candidates We may directly recruit candidates by telephone. EVALUATION AND COMPARISON After the recruiting process is completed, we schedule interviews with the most promising individuals. During this phase, we assess the individual's qualifications, accomplishments, and suitability for the position. Our in-depth evaluation will cover issues such as work experience, education, profeSSional development and achieve- ments, career objectives and philosophies and interest in the specific position, We narrow the initial list of potential candidates to 15-20, then meet with 80-90')''0 of the candidates for a one- to-one conversation. The remaining are interviewed by telephone PROGRESS REpORT Following the screening, we provide the client with a Progress Report highlighting the 8-10 most qualified candidates. This report includes education and work history, accomplishments and growth potential, strengths and possible limita- tions. We meet with the client to review these candidates in detail. On the basis of this review, the client will select the finalist candidates they would like to interview. At this meeting, we discuss compensation issues and ask the client to set guidelines on salary and other benefits, We establish a schedule for interviews and detennine interview events. At this time, we will address media requests and the timing for release of appropriate information. continued ,I. ,,,I,L J., ..~I ~!I._i I.; J~ ~"I. .,,~' I~ ,11.., .1 ,"....,II...d'..j~j',," ~ 1,11.1', ,Oil.' ,'I....,'~ ,., l, ".,1.. The Brllllnn Group_ Inc f\H 111\ Iq\RCH 11,(, (I)'-SIL Ti"Ci Flth S"llth ~JJ11h ;'\\Cl1ue SUite JOJ 1l,'pkIl1S_ \ IN :"5343 ,.I.i.:',WII.III,.,ll..IIo..il,J, , .".. 1m,. I 1,1, .1 ".. "".'I;",hIU ;)j"IIoI.....J..":IIi"" ,,1,0. iii. .11... .,.,.IlI,'..", I, .,,1 I , . .J 1,111, ,oil L . I,~.I ;~ /;' t.> f:J:.... :'-,.~... ,. -'.' ,j \ ~.:;/ P >1 " t" -~ c-,i ..,.J,_ ,.J..I."""",W, 01",1,1"1,,, .11"1,.,,,1111 21 J U N ----:'-~~ ---~~~, -~=~ -~~- - -",,~---,-,,~~.- THE PRODUCT ]S OUR PROCESS Mayor and City Council City of Stillwater 216 North Fourth Strect Stillwater, MN 55082 - - - - - . - - - - .. .. . . :',:. :':- :_: ~ :!- ~~ :.+ ~ j t THE BRIMEYER GROUP ASSICNMENTS Recent/Current: · City of Redwood Falls, MN- City Administrator · City of Northfield, MN- Finance Director · Swift and Yellow Medicine Counties, MN- County Highway Engineer · City of Yankton, SD- City Manager · City of Manchester, IA- City Manager · City of Knoxville, IA- City Manager Representative Searches: · Fergus Falls Economic Improvement Commission- Executive Director · City of St. Louis Park- City Engineer · Lake Panorama Association, IA- General Manager · Steele County, MN- Human Services Director · City of Hopkins, MN- City Manager · Shakopee Public Utilities, MN- Finance and Administrative Services Director · Village of Shorewood, WI- Village Manager · City of Owatonna, MN- Police Chief .. :i:: ~:L H:: :L: L:: L L L:H: :~:LL:L: L t:L: ~:L ::: ~L~ r I.' I. ~ .'. ~ l ~ ~ "> REFERENCES AND CREDENTIAL CHECKS Prior to the intervieWS, we will conduct reference checks I t is our practice to speak directly WIth indIviduals who are, or have been, in positions to evaluate the candidates' Job performances We concentrate on work related references provIded by the candidate and in select cases, we may also make "infor- mal" inquines with our contacts withIn the related industry Additionally, we verify the credentials of finalist candidates by checking education, criminal, and credit data ASSESSMENT FInalist candidates may be further evaluated through a self-assessment tool called the DiSC @ Behaviorall'danagement System This program provides an In-depth assess- ment of personality, management style and strengths of the candidates The results of the DiSC @ assessment have been favorably compared to reports generated from a one- day psychological evaluation lNTERVIEWS AND SELECTION Our preferred interview process consists of four parts and is designed to provide maxi- mum information to the client and the candidates · Meet WIth the staff, tour of the community, and meet with school representatives and realtors · InfomlaJ reception with the hlnng authority · Individual one-on-one interviews With the hiring authonty · Formal interviews With hiring authonty ',".1 : ., .~ t -: ; .~ : !.,: ;":'_, . ; ~ \ ':: ~ A representative of The Brimeyer Group will be present at the Interviews NEGOTIATIONS One of our most essential servIces IS our participation in employment negotiations to secure the desired candidate \X!e are highly successful in accomplishing an employn. agreement that is satisfactory to the botll the client and the candIdate - often an emotionally difficult task without the help of a third party PERFORMANCE EVALUATION At your request, we will assist in conducting a performance evaluation after six months of employment that will result IJ1 a \X!ork Program for the selected candidate to complete over a 6- J 2 month timeframe THE BRIMEYER GUARANTEE We offer an 18-month guarantee to clients who utilize our complete process Should the client determine it necessary to terminate the candidate due to failure to adequately perform the duties as specified in the Position Profile, we will refill the position for expenses only \-(,->z'-,l) To CONTACT Us . We invite you to visit our web site at wwwbnmgrolip.cOnl to review our current assignments or access copies of other recent Brim Reports Contact llS at brimgroup@aolcom