HomeMy WebLinkAbout2004-06-15 CC Packet
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-13
Council Chambers, 216 North Fourth Street
June 15, 2004
SPECIAL MEETING
4:30 P.M.
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Possible approval of extending deadline for Library Board applications (original
28,2004)
2. Workshop with Human Rights Commission
3. Opinion on Lumberjack Days VIP tickets (available Tuesday)
STAFF REPORTS
1.Police Chief
2.Fire Chief
address Council on subjects which are not a part of
eply at the time of the statement or may give direction
sed.
REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE - Observance of 4th of July (ne
APPROVAL OF MINUTES - Approval of June 1,2004 regul
PETITIONS, INDIVIDUALS, DELEGATIONS & COMM
1. David Corbo, Warden - Minnesota Correctional
2. Sign Request for the St. Croix Garden Tour - Fam
.PEN FORUM
The Open Forum is a portion of the Counci
the meeting agenda. The Council may ta
to staff regarding investigation of the c
3.
4.
Community Dev. Director
City Engineer/PWD
7. City Attorney
8. City Administrator
CONSENT AGENDA*
1. Resolution 2004-12
2. Approval of applicatio
3. Approval to purc
4. Approval of rei
5. Approval of
6. Request fo
June 25-
7. Resol
yment of bills
f Fireworks - TNT Minnesota...., Cub Foods
ction system for Council chambers
capital funds - Library
'on for sale of Fireworks - TNT Fireworks - Target
f banner - Christian Youth Concert - Faith Inkubators Endowment Fund -
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, approval of change order for the North Hill Phase 2 project
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1. Case No. 104-25. This is the date and time for a public hearing to consider a request from Robert
Butler, repre enting Human Services Inc., (HSI), for Concept and Final Planned Unit Development
approval for a 4,489 square foot, six unit apartment (Phase I) an'd concept approval only for a 5,442
square foot addition to the current clinic/office building (Phase II) located at 375 Orleans Street in the
PA, Public Administration. Notices were mailed to affected property owners and published in the
Stillwater Gazette on May 27,2004. (Resolution) (continued from June 1, 2004 meeting)
2. Case No. SUP/04-39. This is the day and time for the public hearing to consider an appeal of the
Planning Commission's decision on a request from Ed Hawksford, representing Jeff and Julie
Anderson, for a modification to the special use permit for a bed and breakfast located at 306 West Olive
Street in the RB, Two Family Residential District. Notices were mailed to affected property owners and
published in the Stillwater Gazette on June 4, 2004.
UNFINISHED BUSINESS ._
1. Land Use Recommendation for City land south of Orleans and east of Osgood (tabled from June 1,
2004 meeting)
2. Possible adoption of resolution for determining the necessity for and authorizing the acquisition of
certain property by proceedings in eminent domain for North Hill project (Resolution) (available
Tuesday)
3. Audubon request to dock boat at Stillwater Levee
addressed at a future meeting)
2. Possible adoption of resolution for Taxable Tax Increment Revenue
project) (Resolution)
3. Possible approval of moving permit for Stillwater Mills on Main
(Will be
NEW BUSINESS
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATION
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
*
All items listed under the consent agenda ar
enacted by one motion. There will be no
citizen so requests, in which event, the it
separately.
idered 0 be routine by the City Council and will be
. cussion on these items unless a Council Member or
moved from the consent agenda and considered
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-13
Council Chambers, 216 North Fourth Street
June 15,2004
SPECIAL MEETING
4:30 P.M.
CALL TO ORDER
ROLL CALL
OTHER BUSINESS
1. Possible approval of extending deadline for Library Board applications (original deadline Friday, May
28,2004)
2. Workshop with Human Rights Commission
3. Opinion on Lumberjack Days VIP tickets (available Tuesday)
REGULAR MEETING
7:00 P.M.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES - Approval of June 1, 2004 regular and
CONSENT AGENDA*
1. Resolution 2004-129, dir of bills
2. Approval of application fo orks - TNT Minnesota - Cub Foods
3. Approval to purchase proje ys em for Council chambers
4. Approval of release of 2004 al funds - Library
5. Approval of application for sale Fireworks - TNT Fireworks - Target
6. Request for installation of banner - Christian Youth Concert - Faith Inkubators Endowment Fund-
June 25-July 14, 2004
7. Resolution 2004-130, approval of change order for the North Hill Phase 2 project
meeting minutes.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMEND
1. David Corbo, Warden - Minnesota Correctional Fa .
2. Sign Request for the St. Croix Garden Tour - Fami
OPEN FORUM
The Open Forum is a portion of the Council mee
the meeting agenda. The Council may take ac .
to staff regarding investigation of the concer
Council on subjects which are not a part of
at the time of the statement or may give direction
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S1 AFF REPORTS
1.Police Chief 3.
2.Fire Chief) 4.
ommunity Dev. Director
City Engineer/PWD
7. City Attorney
8. City Administrator
PUBLIC HEARINGS
1. Case No. PUD/04-25. This is the date and time for a public hearing to consider a request from Robert
Butler, representing Human Services Inc., (HSI), for Concept and Final Planned Unit Development
approval for a 4,489 square foot, six unit apartment (Phase I) and concept approval only for a 5,442
square foot addition to the current. clinic/office building (Phase II) located at 375 Orleans Street in the
PA, Public Administration. Notices were mailed to affected property owners and published in the
Stillwater Gazette on May 27,2004. (Resolution) (continued from June 1,2004 meeting)
2. Case No. SUP/04-39. This is the day and time for the public hearing to consider an appeal of the
Planning Commission's decision on a request from Ed Hawksford, representing Jeff and Julie
Anderson, for a modification to the special use permit for a bed and breakfast located at 306 West Olive
Street in the RB, Two Family Residential District. Notices were mailed to affected property owners and
published in the Stillwater Gazette on June 4, 2004.
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UNFINISHED BUSINESS
1. land Use Recommendation for City land south of Orleans and east of Osgood (tabled from June 1,
2004 meeting) .'
2. Possible adoption of resolution for determining the necessity for and authorizing the acquisition of
certain property by proceedings in eminent domain for North Hill project (Resolution) (available
Tuesday)
3. Audubon request to dock boat at Stillwater levee
NEW BUSINESS
1. Possible approval of recreation center rate increases (Resolution) (available Tuesday)
2. Possible adoption of resolution for Taxable Tax Increment Revenue Note (Territorial Springs, LlC
project) (Resolution)
3. Possible approval of moving permit for Stillwater Mills on Main
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
*
All items listed under the consent agenda are consid
enacted by one motion. There will be no separ
citizen so requests, in which event, the items
separately.
utine by the City Council and will be
n these items unless a Council Member or
ved from the consent agenda and considered
STAFF REPORTS (continued)
ADJOURNMENT
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STILLWATER PUBLIC LIBRARY
MeVlAo
To: Larry Hansen, City Administrator i-.,.,
From: Lynne Bertalmio, Library Director vat!'
Re: Library Board Vacancy
June 8, 2004
Recently, the City of Stillwater advertised for applications for a va,cancy on the library's
Board of Trustees. Before the deadline, I spoke to a number of people who were interested
in tlle vacancy. By the deadline, only two applications had been received - one from an
applicant who already sits on a City commission. I have since spoken to two of tlle potential
applicants. There appears to have been some confusion on their part about the date tllat tlle
applications were due. This confusion was exacerbated by the Memorial Day weekend
(applications were due on the Friday before Memorial Day).
Some members of tlle Board of Trustees have asked if the deadline might be extended so
that the Mayor and Council may have tlle full field from which to choose. I would like to
urge that the application deadline be extended to June 25, 2004.
06/15/04
13:47
MRGNUSON LRW FIRM ~ 4308809
NO. 572
[;102
M<\GNUSONLAWFlRM
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LICENSED IN MINNESOTA AND WISCONSIN
THE DesCH OFFICEB\JIT.DINO
333 NORTIl MAIN S.,'R.EET . SUIT€ 11202 . P.O. BoX 438 . STlI,r..WATER.. MN 55082
Tf-LEPHONI:;: (651) 439.9464 . fAX; (651) 439-5641
DAVID T. MAGNUSON
MARGARET M. MURPHY
MEMORANDUM
TO:
Mayor and City Council
FROM:
David T. Magnuson
DATE:
June 15,2004
RE:
Lumberjack Days VIP Tickets
I have been asked for an opinion with regard to whether the City Council and City staff
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may accept gifts from Lumber Jack Days promoters of VIP tickets for seating at Lumberjack
Days Even1s. The gifts have been accepted in the past and previously deemed to be allowable
based upon the gift having 110 value and being thereby permitted by Minn. Stat gIOA.O?l and
the Cit'y Charter, In this calendar year, for th.e flIst time, the sanle VIP tickets have been made
available on the internet as part of patron sponsorships, Althougb sponsorships have the
advantage of being named as a sponsor in thank yon ads appearing in the Stillwater Gazette, it
appears passes to the VIP seating areas are an important part of the consideration for payment for
the sponsorships; $275.00 for the dual patroll sponsorship and $150.00 for the patron
sponsorship,
In my opinion, since these VIP passes now have value, gifts of these passes by the
promoters of Lumberjack Days to the City COUl1cil, staff and employees would violate Minn.
. Stat. ~lOA.071(2002) and also provisions of the City Charter dealing with the same subject.
LOCATION:651 439 9464
RX TIME 06/15 '04 13:13
06/15/04
13:47
MAGNUSON LAW FIRM ~ 4308809
NO. 572
[;103
It should be noted that the rationale for providing these tickets was to allow access to all .
areas of the LumbeIjack Days celebration by the City Council and key members of the staff in
order to monitor the impacts of Lumberjack Days on the downtown area of the City. Although a
laudable public purpose, the value of the passes now make that practice unlawfuL It would be
possible, however, for the promoters to provide some form of access pass to the City Council
and, thereafter, the City Council would. appropriate the gift for the use of the City Council and
staff pursuant to Minn. Stat S465.03(2002), This Statute allows the City to accept a gift of
person.al property and appropriate its use for a public purpose by resolution of the governing
body adopted by two-thirds majority expressing the terms of the appropriation.
Respectfully submitted,
David T. nusan
Stillwater City Attorney
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DTMljmo
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LOCATION:651 439 9464
RX TIME 06/15 '04 13:13
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CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-12
June 1, 2004
REGULAR MEETING
4:30 P.M.
Mayor Kimble called the meeting to order at 4:30 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present: City Administrator Hansen
Police Chief Dauffenbach
Director of Administration Knauss
Public Works Director Eckles
Acting Fire Chief Glaser
Community Development Director Russell
City Clerk Ward
OTHER BUSINESS
Workshop on Downtown Flood Protection Alternatives
Public Works Director Eckles reviewed the proposed agenda for the workshop which
was Introductions - Corps of Engineers, SEH, Architects, background and framing of
issue to address by staff; presentation of schematics and photos by consultants SRF
and SEH; presentation of evaluation procedure by staff and having Council discussion
and answering questions. He provided Council with Economic analysis and advantages
and disadvantages of each concept performed by staff; minutes from an evaluation of
options meeting with SEH and Army Corps of Engineers; and economic analysis
performed by the Corps of Engineers. Those who were in attendance for the workshop
with Council and staff were SRF architects Bob Lane, SEH engineers Jeff Johnson and
Mark Angelo, Architects John Larson and Dewey Thorbeck; Tom Scully - Corps of
Engineers and others in attendance were Mike McGuire, Debra Asch and Ed Cain.
Council member Rheinberger asked if the steel walls leak.
Mr. Angelo stated that they leak somewhat, however even an earthen dike will leak as
well.
Councilmember Rheinberger asked how high could a levee be built, such as 698'.
Mr. Angelo explained that building an emergency levee to 698 would be pushing the
envelope because in order to maintain that height the base would be over 70 feet wide
and the emergency material is probably not the best material to use to build that high.
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Mayor Kimble explained how the dike was built three years ago and stated it was pretty
solid. Pictures were taken to show how it was done to show other people. .
The Public Works Director informed Council that there has been talk that FEMA may not
pay cities if they keep flooding and do nothing.
Councilmember Junker stated that in the discussions with small groups and business
leaders the main point of the discussions is that the river is the biggest asset and
utilizing the sight lines and controlling the parking are the important issues.
Council member Kriesel asked what size storm event would the ponds hold.
Mr. Eckles stated it would not take much of a storm event to flood downtown from the
backside during a flood. He also stated that all options provide better infrastructure to
fight a flood.
Mr. Jeff Johnson stated the plans call for making improvements that would help in the
pumping of water on the backside.
Council member Milbrandt stated that the 691' option does not have a visual impact to
speak of according to the drawing from the Freighthouse, and from Commercial Street
north mother nature is there to help. He understands that the 691' option is compliant
with the City's current funding option.
Councilmember Rheinberger favors the 691' flood protection. He felt that the reSident.
would rather pay an extra $5M for a library than extra flood protection, and if nothing is
done he felt that the downtown would have lasting economic decay. He stated that the
691' option would create an "investment" attitude, give the City time to look for other
resources from the State or Federal government, bring decision makers to the reality
that a 100 year protection is a good idea and prevents the downtown, a current asset,
from sliding into a liability to the City.
After considerable discussion a motion by Council member Milbrandt, seconded by
Councilmember Rheinberger to select Option 2, 691' as it protects river sightlines,
is consistent with ACOE approval and funding and provides the greatest flexibility in
design. All in favor.
STAFF REPORTS
City Administrator Hansen reviewed a request from Ms. Crystal Carlson, 119 Birchwood
Drive, for the purchase of City property. He explained the process for the purchase of
City property. He stated that the request was made because the requestor's lot is not
as large as the neighbor's and they have been allowed to purchase property. He stated
that costs incurred during the process would be paid for by Ms. Carlson.
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Motion by Council member Kriesel, seconded by Councilmember Rheinberger approving the
summary of notice of intent to sell city property, directing staff to prepare and publish
notification of intent to sell city property as required by City Charter Section 16.07. All in favor.
City Administrator Hansen reviewed a proposal from Washington County for a
countywide assessment. He stated at the present time the City pays the County for this
service and supporting this proposal would save the City money.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-120, resolution supporting countywide assessment proposal.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Council member Milbrandt asked about the status of the Depot signage.
Community Development Director Russell stated that a meeting has been made and he
understands that there has been some agreement and that staff will continue on 'the
issue.
Council member Milbrandt asked about the newspaper corrals downtown, he stated that
some newspapers are compliant and some are not.
City Administrator Hansen stated that under the agreement the newspapers themselves
would do enforcement. He stated he would follow up on this issue.
Mayor Kimble recessed the meeting at 6:00 p.m.
RECESSED MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7:00 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present:
City Administrator Hansen
Police Chief Dauffenbach
Public Works Director Eckles
Acting Fire Chief Glaser
Community Development Director Russell
City Clerk Ward
PLEDGE OF ALLEGIANCE - Observance of Flag Day - June 14,2004
Julie Kink led the Pledge of Allegiance in observance of Flag Day - June 14, 2004
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APPROVAL OF MINUTES
Motion by Councilmember Kriesel, seconded by Councilmember Junker to approve the May .
18, 2004 Regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Swearina in of new Police Officer - Rvan Mitchell
Mayor Kimble performed the swearing in of the City's newest police officer Ryan
Mitchell
Reauest to olace fence on Citv Prooertv - Charles McCloskev
Mr.Charles McCloskey, 1775 Johnson Drive, stated that when they purchased the
property in 1998, the previous owners told them that the sport court in the backyard was
within their property, however he recently discovered that it was not. He also stated that
he would like to put up a fence and requested he be allowed to put up a fence on the
City's property.
Mayor Kimble explained that review by staff is needed to determine if a variance,
easement or lease etc. would be beneficial to the City.
Motion by Council member Milbrandt, seconded by Council member Rheinberger approved thea
placement of the fence on City project contingent upon staff and City Attorney review and .
preparation of required documents. All in favor.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the
Consent Agenda
Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Resolution 2004-118, directing payment of bills
Resolution 2004-119, final payment to Dew Corporation Approval of application by
Brent Sharon to Sell 3-2 Beer at Lily Lake Ballfield for Ball
Approval of application for sale of Fireworks - Cub Foods
Approval of expenditure to replace carpet in Fire Department day room
Request for installation of banner - Globe of America- Shakespeare Play/Educational
Performance - August 6 - August 9, 2004 .
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Request for installation of banner - Art Reach Alliance - Art Crawl - June 4 - 20,2004
PUBLIC HEARINGS
Case No. SUB/04-30. This is the date and timp: for a Dublic hearina to consider a reauest from
Jon Saveland for a resubdivision to combine Lots 5 and 7. Blk 12. Thomoson Parker and
Mowers 2nd Addition. into one I'ot of 12.600 sau<<:lre ffJP:t located at 110 South Everett Street in
the RB. Two Familv Residential District.
Community Development Director Russell stated that the applicant is requesting a
resubdivision to combine Lots 5 and 7, Blk 12, Thompson Parker and Mowers 2nd
Addition into one lot of 12,600 square feet. The applicant is combining the two lots to
construct an attached garage. For a building permit review the applicant will need to
submit to the City Engineer a certified survey and a grading/site plan.
Mayor Kimble opened the public hearing.
There were no public comments.
Mayor Kimble closed the public hearing.
Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-121, resubdivision to combine Lots 5 and 7, Block 12, Thompson Parker and
Mowers 2nd Addition (Case SUB/04-30).
Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Case No. SUB/04-33. This is the date an(J time for a Dublic hearina to consider a reauest from
Dan and Rebecca Grav for a resubdivision of Lots 3 and 4. Blk 10. Carli and Schulenbera's
Addition (1008 N 2nd Street) into one lot of 24.,592 sauare feet in the RB. Two Familv
Residential District.
Community Development Director Russell stated that the applicant,' Dan and Rebecca
Gray, request is to combine two lots of record into one lot. The reason for the request is
to remove the common property boundary so a detached garage can be constructed
within the new property and the new lot results in one lot m~eting the minimum lot size
requirements for the RB District. He stated that the Planning Commission at their May
10 meeting recommended approval.
Mayor Kimble opened the public hearing.
There were no public comments.
Mayor Kimble closed the public hearing.
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Motion by Council member Rheinberger, seconded by Council member Junker to adopt
Resolution 2004-122, resubdivision to combine Lots 3 and 4, Block 10, Carli and
Schulenberg's addition (Case SUB/04-33).
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Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None .
Case No. SUB/04-36. Thi~ i~ the date an~ ~im~ for a oublic hearina to consider a reauest from
Joshua Corriaan f<:>r ~ r~~tJbdivision of east half of Lof; 17. all of Lot 18 and 19. and west half of
Lot 20. Blk 3. Wilkin~ Addition. into on~ lot of 16.702 ~Qu~re feet located 518 W St. Croix
Avenue. in the RB. Two Familv Residential District.
Community Development Director Russell stated that the applicant is requesting a
resubdivision to combine the east half of Lot 17, all of Lot 18and 19, and the west half
of Lot 20, Blk 3, Wilkins Addition to create a new 7675 square foot parcel. The parcel
that has an existing house and garage is 9,027 after the division. The single-family lot
size requirement in the RB District is 7500. He also stated that the Planning
Commission recommended approval with conditions.
Mayor Kimble opened the public hearing.
There were no public comments.
Mayor Kimble closed the public hearing.
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Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt
Resolution 2004-123, resubdivision to combine the east half of Lot 17, all of Lot 18 and 19,
and the west half of Lot 20, Block 3, Wilkins Addition (Case SUB/04-36) with conditions.
Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Case No. PUD/04-25. This is the dat~ ~nQ ~ilTl~ for a oublic hearina to consider a reauest from
Robert Butler. reoresentino H~Jman Servi<!~!5 Inc.. lHSlt for Conceot and Final Planned Unit
Develooment aooroval for a 4.489 sauar~ f(l(>t ~ix unit aoartmentlPhase I) and conceot
aooroval onlv for a 5.442 sauare f<:>(l~ ~QQitlQn to the current clinic/office buildina (Phase II)
located at 375 Orleans Street in the PA. Public Administration.
Community Development Director Russell stated that the applicant is present to request
that this hearing be continued to the next meeting as well as the item under new
business entitled Land Use Recommendation for City land south of Orleans and east of
Osgood.
Dr. Butler, HSI, requested that the public hearing be continued to the June 15, 2004
meeting to allow HSI to meet with the neighborhood.
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Motion by Councilmember Rheinberger, seconded by Councilmember Junker to continue this
hearing and Land Use Recommendation for City land south of Orleans and east of Osgood to
the June 15, 2004 meeting. All in favor.
UNFINISHED BUSINESS
Land Use Recommendation for Citv land south of Orleans and east of Osaood
Will be addressed at the June 15, 2004 meeting.
NEW BUSINESS
Reauest to use Pioneer Park band shell on Julv 4 - St. Croix Events
Mayor Kimble reviewed the request by St. Croix Events for permission to use the
Pioneer Park band shell on July 4 for a performance by the St. Croix Jazz Orchestra
that evening. He also stated St. Croix Events requests the waiving of fees for the use of
the band shell.
Motion by Council member Rheinberger, seconded by Council member Junker granting
permission to St. Croix Events for the use of the band shell the evening of July 4, 2004 and the
waiving of fees for its use. All in favor.
Possible aooroval of Soecial Event reauest bv Barron Event Plannina & Manaaement
(suooorted bv Faith Inkubators) in Lowell Park
Police Chief Dauffenbach reviewed the request for a faith-based concert in Lowell Park
on Wednesday, July 14. He stated that the applicant has provided him with details and
is willing to pay for two police officers for the event and will be using Famous Dave's for
vending. He also stated that he does not see a reason to deny the request, however
being that this may be an annual event that a contract would be warranted and there will
be a bandstand erected as well.
City Attorney Magnuson stated that he has reviewed the proposed contract and finds it
acceptable.
Council member Milbrandt expressed concern that the events are using north and south
Lowell Park and the intent is to try to keep events on north Lowell Park.
Mayor Kimble agreed and stated that future events should designate either Lowell Park
north or Lowell Park south in the requests to use Lowell Park.
Motion by Councilmember Rheinberger, seconded by Council member Kriesel approving the
special event. All in favor.
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Possible coooerative aareement for sianal maintenance with Washinaton County
Public Works Director Eckles reviewed the cooperative agreement for signal
maintenance with Washington County.
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Council member Milbrandt asked about the warranty and if any workmanship issues
would be handled by the County.
Public Works Director Eckles stated that the usual warranty period is one year but
would contact the County to find out the specifics.
Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2004-124, approval of Washington County Cooperative Agreement for Traffic
Signal Painting.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Possible aooroval of Lakeview Hosoital aareement
Public Works Director Eckles reviewed the proposed agreement with Lakeview Hospital.
He stated that this agreement would be a cost sharing agreement for ponding that
would be part of the overall Lily Lake Water Quality project. He stated that the hospital
would not be assessed for future work in relation to the project because of the work .
being done in conjunction with their project.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-125, approval of development agreement with Lakeview Memorial Hospital
Association, Inc.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Discussion on Culver's reauest for oond maintenance aareement
Public Works Director Eckles stated that a request has been received from Culver's of
Stillwater, which proposes a maintenance agreement for the detention pond located at
Curve Crest Blvd. and Market Drive. He stated that Culver's is suggesting that it could
perform maintenance including mowing, trimming and trash cleanup around the pond in
exchange for a reduction in the quarterly storm water utility fee.
Mr. Eckles stated that Culver's currently pays $54.00 a quarter in storm water fees and
that the details of the level of maintenance and the reduced monetary fee could be
worked out in a formalized agreement. Staff suggests that the quarterly storm water
utility fee could be reduced based on the proposed maintenance efforts of Culvers and
the size of the storm water pond in relation to the Culver's property. .
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It was Council consensus that this was a good idea and suggested that maybe a policy
or ordinance change to reflect maintenance efforts should be addressed.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt directing staff
and the City Attorney to prepare a formalized agreement with Culvers of Stillwater for the
maintenance of the storm water pond located at Market Drive and Curve Crest Blvd. and bring
the agreement back to Council for approval. All in favor.
Possible acceptina bids and awardina contract for 2003 Seal Coatinq
Public Works Director Eckles stated that this project is being shared by four
communities, Stillwater Township, Bayport, Oak Park Heights and City of Grant as well
as Stillwater and each community is responsible for their own cost of the project. He
stated that Stillwater's cost is $45,000 and that $80,000 was budgeted which includes
crack sealing. He also stated that the engineer's estimate for the project was $275,000
and he reviewed the bids for the 2003 Seal Coating project and recommended
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awarding the contract to Pearson Bros, Inc. of Loretto for their bid of $254,734.17.
Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2004-126, accepting bids and awarding contract for 2004 street sealcoat project.
(Project 2004-06) to Pearson Bros., Inc.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Possible approval of TPC prooosal for orovidina North Hill lift station control.
Public Works Director Eckles reviewed the proposal from Telemetry and Process
Controls, Inc. for providing all of the control systems for the North Hill Lift Station, that
TPC was the lowest price for installing all of the updated lift station controls throughout
the City just over a year ago and the price for the proposed controls appears to be
comparable to the prices we received in our original bid package from TPC for the entire
city system. He stated that it is vitally important that all of our lift stations controls be
compatible, interchangeable and operable with our current software system, and would
be highly advantageous for the City to go forward working with TPC because of the
specialized nature of the goods and services to be provided it would be extremely
difficult or impossible to obtain comparable quotes. He also stated that the City could
request a change order from Arcon, the general contractor of North Hill, but they
indicated that they would use TPC as well. Arcon would have an additional premium
added on for contract administration increasing the overall cost to the City, therefore he
recommended that the City enter into a contract with TPC directly for this work.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-127, accepting proposal from Telemetry and ProcessControls, Inc. (TPC).
9
\
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
.
Possible aooroval of transfer Qf liauor lic:~n~~ from T~rrint~II~'s Corooration DBA The Grotto to
Luna Rossa. Inc.. DBA Luna Rossa Trattoria & Wine Bar
Mayor Kimble reviewed the memo from City Clerk Ward regarding the liquor license
transfer from The Grotto to Luna Rossa Trattoria & Wine Bar.
Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2004-128, approving transfer of ownership of On-sale, Off-sale, and Sunday liquor
license to Luna Rossa, Inc., DBA: Luna Rossa Trattoria & Wine Bar.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
COUNCIL REQUEST ITEMS
Mayor Kimble informed the Council and audience that the Hope House auction was a
great success and that they thanked the City Council for the assistance of the City for
this event.
Council member Kriesel reminded people that the geese are back and not to feed them.
.
ADJOURNMENT
Motion by Council member Rheinberger, seconded by Councilmember Junker to adjourn the
meeting at 7:45 p.m. All in favor.
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward, City Clerk.
.
10
.
Resolution 2004-118, directing payment of bills
Resolution 2004-119, final payment to Dew Corporation
Approval of application by Brent Sharon to Sell 3-2 Beer at Lily Lake Ballfield for Ball
Resolution 2004-120, resolution supporting countywide assessment proposal
Resolution 2004-121, resubdivision to combine Lots 5 and 7, Block 12, Thompson
Parker and Mowers 2nd Addition (Case SUB/04-30)
Resolution 2004-122, resubdivision to combine Lots 3 and 4, Block 10, Carli and
Schulenberg's addition (Case SUB/04-33)
Resolution 2004-123, resubdivision to combine the east half of Lot 17, all of Lot 18 and
19, and the west half of Lot 20, Block 3, Wilkins Addition (Case SUB/04-36)
Resolution 2004-124, approval of Washington County Cooperative Agreement for
Traffic Signal Painting
Resolution 2004-125, approval of development agreement with Lakeview Memorial
Hospital Association, Inc.
Resolution 2004-126, accepting bids and awarding contract for 2004 street sealcoat
project (Project 2004-06).
Resolution 2004-127, accepting proposal from Telemetry and Process Controls, Inc.
(TPC)
Resolution 2004-128, approving transfer of ownership of On-sale, Off-sale, and
Sunday liquor license to Luna Rossa, Inc., DBA: Luna Rossa Trattoria & Wine Bar.
.
.
11
.
.
FamilyMeans Support for Families
June 10, 2004
Stillwater City Council
216 North Fourth Street
Stillwater, MN 55082
Dear Council Members:
FamilyMeans is a community-based nonprofit with a mission of strengthening
communities by helping families learn, work, and nurture healthy relationships. The
organization is funded through a variety of sources including client fees ahddonations
from individuals, businesses, foundations, and the United Way. For twelve years,
volunteers have provided important financial support for our work by holdillg the St. .
Croix Garden Tour, a benefit for FamilyMeans,
This year's tour will be held Saturday and Sunday, July 17 and 18. The event attracts
over 1,000 visitors who enjoy the opportunity to come to tlie Stiliwater area to see some
of its beautiful gardens and to shop and dine in our picturesque community, Although
the ticket does contain a map of the tour, in the past we have also used directional signs
to guide the out-of-town visitors. We respectfully ask the council for permission to use
temporary directional signs again this year. .
Susan Engelking is the volunteer who chairs this event.. She has recruited volunteers
who will post the signs early each morning and will remove them by 5:30 each day.
I have enclosed a map of the tour. Signs will be placed at each garden anddir~ctional
signs would be located at critical points alongthe route. Each year visitors comment on
the excellent signage which el}suresthat everyone~ including those who are:
directionally impaired - will have a pleasant tour experience,
Mary Jo Jackson, our director of communications and development will appear before
the council's June 15 meeting with a sample of the signs we use.
Thank you for considering our request.
Sincerely,
f~-~ k
Arba-Della Beck, President
FamilyMeans
1875 Northwestern Avenue
Stillwater; Minnesota
55082
E-mail: familymeans
@familymeans.org
Telephone: 651-439-4840
Facsimile 651-439-4894
Minnesota
and
Wisconsin
Locations
Board of
Directors
Karen L Bailey
Chair
Greg Palmer
vice Chair
David J. Brown
Treasurer
MafllynA.Palmer
Secretary .
Paulette M Lappi
Ex Officio
Dwight P. Cummins
Memberat Large
David C. Anastasi
James ACo'uriter
Louise S. Cunninghar
James Gillespie
JohnW. Hall'
Debra SKelley
William J. Mahoney, .
William E. Moore
Tom O'Brien
Del Peterson
Bonnie Sherod
Jennifer P. Snyder
Mary Jean Turinia
Anderson
Arba.Della Beck
President
Eleanor Jane Adams
Life Member
e
United Way
2004
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LIST OF BILLS
EXHIBIT II A" TO RESOLUTION #2004-129
.
Abbott Paint & Carpet
Abrahamson Nurseries
Ace Hardware
Action Rental
Ancom Technical Center
Appletree Institute
Aspen Mills
AT&T
BaileyConstruction
Board of Water Commissioners
Bonestroo,Rosene,Anderlik & Assoc.
Bryan Rock Products, Inc.
Buberl, Larry
Carquest
Catco
Century College
Century Power Equipment
Chemsearch
Clark, Luann
Cole Papers
Comcast
Curt's Automotive Repair
Curt's & Sons Radiator Repair
DARE America Merchandise
Delta Dental
Emergency Automotive Technology, Inc.
Family Means
Fed Ex
Forestry Suppliers, Inc.
Franklin Covey
Fred's Tire
G&K
Glaser, Stuart
H & L Mesabi
Hanson, Alice
Heritage Embroidery
Holiday Fleet
Insight
Interstate Battery System of Minneapolis
ICMA
IFP Test Services
Jansens Cleaning Service
Johnson Radio Communications
LMC
.
Paint
North Hill Block,Mulch,Rock & Soil
Ant Bait, Ant Begone, Bathroom Supplies
Concrete Trailer, Lifttow
Pager Repair
July Retiree Health / Hospital Insurance
Uniforms
Telephone
Building Repair 8" Apron at Fire Hall
Curve Crest Blvd & Hydrant Repair, Water Bill
Long Lake Improvements
Red Ball Diamond Agg
May Animal Transport
Equipment Repair Supplies
Equipment Repair Supplies
Contract for Training 9/1/04 - 6/30/05
Nuts, Screws, Gaskets, Muffler
Brake Aerosol
Public Works Cleaning
Cleaning Supplies
Cable
Equipment Repair
Clean & Repair Radiator
DARE Supplies
Dental Insurance
Tube
Grading Escrow Refund
Freight
North Hill Supplies
Office Supplies
Tire Repair
Uniform,Rugs & Towel Service
Camera Bag for Digital Camera
Curb Runner
Park Refund
Uniform Emblems
Fuel
Intermec 1280A
Battery
Fire Rescue Service Book
Psychological Exam
Maintenance Agreement
Mobile Radio
Municipality Insurance 2nd Installment
25.70
3,199.37
76.22
468.61
86.89
24,466.50
4,186.33
72.29
868.00
1,842.68
230.00
128.98
110.00
205.17
83.51
1,335.00
110.05
401.55
165.00
304.02
66.48
88.74
65.00
194.71
197.33
36.32
4,750.00
57.58
142.53
41.42
397.53
1,916.98
18.03
676.28
100.00
105.70
26.25
112.67
102.13
80.75
350.00
275.00
480.93
45,158.00
EXHIBIT" A" TO RESOLUTION #2004-129
Lockrem, Richard
Magnuson Law Firm
Menards
Met Council
Metrocall
Metropolitan Council Env Services
MN City/County Management Assoc.
MIAMA
MJ Raleigh Trucking Inc.
MN Dept Public Safety BCA
MPELRA
Municipal Code
Newman Traffic Signs
Nextel
Northern Tool & Equipment
Northland Chemical Corp.
Office Depot
On Site Sanitation
Orrin Thompson Homes
Parts Associates
Quill
R & R Specialties of Wisconsin, Inc.
Real Estate Diversified
St. Croix Recreation Co.
Sentry Systems, Inc.
Short Elliott Hendrickson, Inc.
Sprint
Stillwater Collision & Restoration
Stillwater Gazette
Stillwater Towing
Sun Turf
Telemetry Process Controls
Territorial Springs
Thorne, Nate
Toll
United Rentals
Verizon Wireless
Vetsch, Sandra
Washington County Registrar
Washington County Sheriffs Office
Winnick Supply
Wrap & Ship
Yocum Oil
Page 2
Plan Reviews
Professional Services
Maintenance Supplies
May SAC Report
Pagers
July Wastewater Services
Membership
Workshop
Gravel
Training
Conference Registration
Annual Code on Internet Fee
Black Diamond Signs
Cell Phone
Pump
Chemicals
Office Supplies
Unit Rental
Grading Escrow Refund
Equipment Repair Supplies
Office Supplies
Paint
Grading Escrow Refund
Replacement Slide, Bridge,Steps & Parts
Monitoring Service
North Hill, Levee Wall Stage III
Cell Phone
Vehicle Repair
Publication
Tows
Fertilizer
Cable & Connectors
Draw # 6 Tif Note Proceeds
Park Refund
Welding Supplies
Supplies
Cell Phone
DARE Graduation Supplies
Variance Recording
Employee 10 Cards
Steel Culvert Apron,Spigot, Wall
Freight
Fuel
""-
.
3,890.00
8,292.33
205.78
10,692.00
54.71
82,856.67
89.30
30.00
50.77
720.00
195.00
250.00
312.05
243.59
6.38
191.14
463.79
565.85
12,000.00
375.84
86.63
189.00
1,500.00
2,088.46
130.62
8,610.46
58.30
550.00
24.30
348.86
289.85
489.50
43,394.00
50.00
6.17
84.35
351. 15
43.76
67.50
15.98
270.02
13.23
2,783.44
.
.
I
or
EXHIBIT" An TO RESOLUTION #2004-129
. ADDENDUM TO BILLS
.
.
Ancom Communications, Inc.
Aspen Mills
Carquest
Clark, Luann
Dew Corporation
Express Photo
Folz, Freeman, Erickson, Inc.
GFOA
Harrison, Sharon
Knauss, Chantell
Labor Relations Associates, Inc.
Maple Island Hardware
Middle St. Croix Watershed Mgmt. Org
MJ Raleigh Trucking, Inc.
Mobile Vision
Municipal Clerks & Finance Officers Assoc.
North Central Radar
Owest
Russell, Steve
St. Cloud State
Streicher's
Washington County Sheriffs Office
Woodbury, City of
Workwell Occupational Health Services
Wrap & Ship
Xcel
Adopted by the City Council this
15th Day of June, 2004
Page 3
Mobile Radio
Uniforms
Equipment Repair Supplies
Cleaning City Hall
Public Works Facility
Processing
Downtown Parking Lanes, South Parking Lot
Intermediate Accounting
Education
Reimburse Mileage, Garbage Bags
Grievance Arbitration
Hardware
Second Half Membership
McKusick Ravine,Sewer Interceptor Rehab
Cable with Connectors
Region IV Meeting
Repair Radar Trailer
Telephone
Chamber Lunch Meeting
Education
Shotshell Holder
ID Cards
Crisis Intervention Training
Exams
Freight Ventek
Electricity, Gas
TOTAL
2,346.00
101.19
161.70
199.50
26,284.00
20.43
4,990.00
1,170.00
24.05
71.15
2,121.00
217.63
5,401.74
113,827.10
35.36
27.00
95.00
717.47
9.00
360.00
95.53
10.65
50.00
618.00
315.93
15,789.48
451,795.92
"
LIST OF BILLS
EXHIBIT" A" TO RESOLUTION #2004-129
.
.
Abbott Paint & Carpet
Abrahamson Nurseries
Ace Hardware
Action Rental
Ancom Technical Center
Appletree Institute
Aspen Mills
AT&T
BaileyConstruction
Board of Water Commissioners
Bonestroo, Rosene,Anderlik & Assoc.
Bryan Rock Products, Inc.
Buberl, Larry
Carquest
Catco
Century College
Century Power Equipment
Chemsearch
Clark, Luann
Cole Papers
Comcast
Curt's Automotive Repair
Curt's & Sons Radiator Repair
DARE America Merchandise
Delta Dental
Emergency Automotive Technology, Inc.
Family Means
Fed Ex
Forestry Suppliers, Inc.
Franklin Covey
Fred's Tire
G&K
Glaser, Stuart
H & L Mesabi
Hanson, Alice
Heritage Embroidery
Holiday Fleet
Insight
Interstate Battery System of Minneapolis
ICMA
IFP Test Services
Jansens Cleaning Service
Johnson Radio Communications
LMC
.
Paint
North Hill Block,Mulch,Rock & Soil
Ant Bait, Ant Begone, Bathroom Supplies
Concrete Trailer,Lifttow
Pager Repair
July Retiree Health / Hospital Insurance
Uniforms
Telephone
Building Repair 8" Apron at Fire Hall
Curve Crest Blvd & Hydrant Repair,Water Bill
Long Lake Improvements
Red Ball Diamond Agg
May Animal Transport
Equipment Repair Supplies
Equipment Repair Supplies
Contract for Training 9/1/04 - 6/30/05
Nuts, Screws, Gaskets, Muffler
Brake Aerosol
Public Works Cleaning
Cleaning Supplies
Cable
Equipment Repair
Clean & Repair Radiator
DARE Supplies
Dental Insurance
Tube
Grading Escrow Refund
Freight
North Hill Supplies
Office Supplies
Tire Repair
Uniform,Rugs & Towel Service
Camera Bag for Digital Camera
Curb Runner
Park Refund
Uniform Emblems
Fuel
Intermec 1280A
Battery
Fire Rescue Service Book
Psychological Exam
Maintenance Agreement
Mobile Radio
Municipality Insurance 2nd Installment
25.70
3,199.37
76.22
468.61
86.89
24,466.50
4,186.33
72.29
868.00
1,842.68
230.00
128.98
110.00
205.17
83.51
1,335.00
110.05
401.55
165.00
304.02
66.48
88.74
65.00
194.71
197.33
36.32
4,750.00
57.58
142.53
41.42
397.53
1,916.98
18.03
676.28
100.00
105.70
26.25
112.67
1 02. 13
80.75
350.00
275.00
480.93
45,158.00
EXHIBIT" A" TO RESOLUTION #2004-129
Lockrem, Richard
Magnuson Law Firm
Menards
Met Council
Metrocall
Metropolitan Council Env Services
MN City/County Management Assoc.
MIAMA
MJ Raleigh Trucking Inc.
MN Dept Public Safety BCA
MPELRA
Municipal Code
Newman Traffic Signs
Nextel
Northern Tool & Equipment
Northland Chemical Corp.
Office Depot
On Site Sanitation
Orrin Thompson Homes
Parts Associates
Quill
R & R Specialties of Wisconsin, Inc.
Real Estate Diversified
St. Croix Recreation Co.
Sentry Systems, Inc.
Short Elliott Hendrickson, Inc.
Sprint
Stillwater Collision & Restoration
Stillwater Gazette
Stillwater Towing
Sun Turf
Telemetry Process Controls
Territorial Springs
Thorne, Nate
Toll
United Rentals
Verizon Wireless
Vetsch, Sandra
Washington County Registrar
Washington County Sheriffs Office
Winnick Supply
Wrap & Ship
Yocum Oil
Page 2
Plan Reviews
Professional Services
Maintenance Supplies
May SAC Report
Pagers
July Wastewater Services
Membership
Workshop
Gravel
Training
Conference Registration
Annual Code on Internet Fee
Black Diamond Signs
Cell Phone
Pump
Chemicals
Office Supplies
Unit Rental
Grading Escrow Refund
Equipment Repair Supplies
Office Supplies
Paint
Grading Escrow Refund
Replacement Slide, Bridge,Steps & Parts
Monitoring Service
North Hill, Levee Wall Stage III
Cell Phone
Vehicle Repair
Publication
Tows
Fertilizer
Cable & Connectors
Draw # 6 Tif Note Proceeds
Park Refund
Welding Supplies
Supplies
Cell Phone
DARE Graduation Supplies
Variance Recording
Employee I D Cards
Steel Culvert Apron,Spigot, Wall
Freight
Fuel
~.
3,890.00
8,292.33
205.78
10,692.00
54.71
82,856.67
89.30
30.00
50.77
720.00
195.00
250.00
312.05
243.59
6.38
191.14
463.79
565.85
12,000.00
375.84
86.63
189.00
1,500.00
2,088.46
130.62
8,610.46
58.30
550.00
24.30
348.86
289.85
489.50
43,394.00
50.00
6.17
84.35
351.15
43.76
67.50
15.98
270.02
13.23
2,783.44
.
.
.
.
.
.
EXHIBIT" A" TO RESOLUTION #2004-129
Page 3
Adopted by the City Council this
15th Day of June, 2004
<S';~ater,
~-~. ~
THE IlIlTH'l.lCE Of Ml/HHSOTl ~
Receipt Number
Check No.
Amount Paid:
Fee: $100.00
.
APPLICA TION FOR SALE OF FIREWORKS
Name of Applicant
APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE
REQUIRES CITY COUNCIL APPROVAL
Thl- .CiAR_lVarKS - &/G fhhb~
1.5:) F, f1~ ,)'f, :/J-ZOL/
)-(. PaJ, fVJ It! ~ ') ; () I
-.1.. (,./ - -- <-
fA) J ~ hllt1) flrKs
Z~5 {~ ll~ ,5f~ 1j-7J)Lj~j~ ~J 55-JO,L
Home Address
Name of Business
Business Address
Corporate Address (if different than business address)
Telephone (Business): b 1/ - 2ZY- /'510 Home Phone fd7 - ? l/ / - 79/ It
Beginning Date 01 Sale: ~~. '2> End Dat?-'jl Sale: C~ If Hours 01 Operation: 1t/1'1; II!!!!
Location of Display r..-u Fi-rcJ M r'k 11. LIorV
~ J
REQUIRED ATTACHMENTS: The following attachments must be included with this application:
1. Permit Fee - $100.00 ( I('(AP
.2. Proof of bond or certificate of insurance in an amount of not less than $1 ,000.00 showing the I) J
City of Stillwater as an additional insured. ~ S
3. A diagram of the grounds or facilities (for indoor sales awn t c ~it~ /
dimensions included. ~ ....
Signature of Applicant (or agent)
Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE
CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084
FOR OFFICE USE ONL Y
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any:
Signature of Fire Chief:
Date:
The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to
the following conditions if any:
.
Signature of Police Chief:
Date:
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any:
/0 fLU:' c1. (!,t/r: cJr:-yf~N/a~ J-5' ~ N~e ~/ A-vnd
/71/ ...y-/z-tp~ .~/f-<.,j ~...-:Y/e1 /l~.~t- .
/t~:)C4?/ /7~ 0~/ e/~;!(..5 ~~--d~e.-//~
Signature of City Clerk: A~ O~/ .$. dlz..-??'{ Date: 1/- 9.- C:;7'
Approval Date of Stillwater City Council:
Permit No.:
.
.
STAFF REQUEST ITEM
.
Department: MIS
I Date: 06/11/04
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Request to purchase new projector system for the Council Chambers.
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)
The total cost of this will be $7,480.60. Money was not budget for this system in
the Capital Outlay budget for 2004. However, there will be some savings in the
cost of the website upgrades and we can use that saving to purchase thiS
system. -
ADDITIONAL INFORMATION ATTACHED Yes X
No
.
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK
A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY
SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE
COUNCIL MATERIAL PACKET.
Submitted by: Rose Holman {J fIJ-?
\'-. ,/
\
Date: 06/11/04
.
0> .~l J[-'-l T...... . " ':""d'dddd:R' '. 'n.d.d. . . 'E..!::J. ..
~'ddd ddd<; 'ddJ ,: 'I" . :', ........... .
.w.......... ................ -."W':~ ~ ~ [_[ :llUll:IIIII.,: '.:~; :_'.
D.~:~1 ~~~~:H' ,.. ia;:;r~~,"dINP., 'C'd '.
~~......: :.: . .~-~ ....' .- .
3300 University Ave SE .
Minneapolis, MN 55414-3326
www.tierneybros.com
Winning Presentation Too/s since 1977
612.331.5500+800.933.7337 +Fax: 612.331.3424
Thank you for considering Tierney Brothers, Inc. for your audio/visual needs. Our goal is to work
with you in finding a user friendly, cost effective solution for your multi-media project. Enclosed
please find the price quotation as requested. The information contained within this proposal
is supplied to you on a confidential basis and is not for disclosure to any organization without
the written consent of Tierney Brothers, Inc.
Comoanv Name: City of Stillwater
Room Name: Council Chambers
Job #: 4040407
Video Equipment Total:
Remote Control System Total:
Hardware, Cable and Installation Total:
Total:
$ 5,907.24
$ 66.00
$ 1,507.36
$ 7,480.60
$ 500.00
$ 7,980.60
.
Optional Basic Maintenance Plan
Grand Total:
If you have any questions while reviewing this proposal, please contact your sales representative
at 612-331-5500. Our fax number is 612-331-3424. We look forward to working with you and
providing you with your total presentation solution.
Sincerely,
Heidi Hancock
Sales Representative
Jim Mueller
Systems Engineer
.
ODD .... ,:-miR. ..n..., .E----
..01 ..11::: ....... '... ""'!II""''''~
..D BAC""':I'HERS INC
3300 University Ave SE
Minneapolis, MN 55414-3326
www.tierneybros.com
Winning Presentation Tools since 1977
612.331.5500+S00.933.7337+Fax: 612.331.3424
.
Consult Date: April 21, 2004
April 29, 2004
Company Name: City of Stillwater
Room Name: Council Chambers
Revision:
Contact: Rose Holman
E-Mail:
Phone: 651.430.8804
Fax: 651.430.8809
Sales Rep: Heidi Hancock
Job #: 4040407
::>re iminarv ::>rice Quotation
ALLOW 6-8 WEEKS FOR INSTALLATION AFTER RECEIPT OF PURCHASE ORDER.
Video Equipment:
~ Product Descriotion: Quote: Extended:
1 Panasonic PT-L780U XGA 3200 ANSI Lumen Projector $ 3,748.75 $ 3,748.75
1 Chief Data Projector Ceiling Mount $ 156.34 $ 156.34
1 Crown Shock Mount $ 46.43 $ 46.43
1 Interface System $ 1,685.71 $ 1,685.71
1 Interlink Wireless Mouse/Keyboard Combo $ 270.00 $ 270.00
1 Street Smart Remote $ $
. Video Equipment Total: $ 5,90724
Remote Control System:
~ Product Descriotion: Quote: Extended:
1 Xantech IR Remote System $ 66.00 $ 66.00
Remote Control System Total: $ 66.00
Hardware, Cable and Installation:
~ Product Descriotion: Quote: Extended:
1 Cables, Connectors $ 214.50 $ 214.50
1 Hardware Kit $ 122.86 $ 122.86
1 Installation-Non Taxable $ 1,170.00 $ 1,170.00
1 Projector Warranty $ $
1 90 Day Installation Warranty $ $
1 System Training $ $
Hardware, Cable and Installation Total: $ 1,507.36
Grand Total: $ 7,480.60
This quotation does not include shipping or sales tax.
. This quotation is valid for a period of ninety days.
Tierney Brothers, Inc. Confidential 4/29/2004 Page 1
T81 Proposed Scope of Services
~iB TiIERnE!:J
..OBPlDTHERSINC
Winning Presentation Tools Since 1977
3300 University Ave SE
Minneapolis, MN 55414-3326 .
www.tierneybros.com
612j31.5500+Sllll:933:7337' +Fax: 612j31.3424"
April 28, 2004
Rose Holman
City of Stillwater
216 N 4th Street
Stillwater, MN 55082
Proposal for Audio-Visual Services
RE: Council Chambers
Job Number: 4040407
Dear Rose:
On behalf of Tierney Brothers Inc. (TBI), I am pleased to provide you with the following proposal to install a multimedia
projection system. This letter summarizes the scope of services to be performed by TBI at 216 N 4th Street.
SCOPE OF SERVICES
TBI is a leader in audio, visual, and video teleconferencing presentations. Our mission is to provide state of the art
products and offer unparalleled customer service. This proposal has been prepared by combining your requirements
with our experience to produce results that meet your needs today and will be flexible for tomorrow.
The customer's CRT projector has failed and immediate replacement is necessary. The failed CRT projector was
probably capable of not more then 400 ANSI lumens when purchased. The new LCD projector specified features a light
output of 3000 ANSI lumens. The projector will be placed in the same position as the CRT projector, under the work
surface of the podium and should be capable of throwing an 80" wide image at this distance. The image will be .
projected onto the south wall in the same manner as the CRT projector did.
The customer indicated a permanent computer was to be placed in the cabinet below the projector position. A wireless
keyboard and mouse will allow the computer to be used from nearly anywhere in the council chamber. A second computer
input will be provided on the underside of the document camera work surface. A 6' cable will allow the laptop to be placed
on the podium if desired by the presenter. The customer indicated the existing scan converter is malfunctioning and will
be replaced.
The existing cables connecting the podium to the video control room will be reused. No additional cable will be needed.
The new projector will be control from the control room using the projector manufacturer's remote control.
Currently, installations are being scheduled six to eight weeks from receipt of the customer's purchase order. Upon
receipt of the purchase order, a pre-installation walk-through will be required to include the main contact at the
customer's site and facilities representatives. The sales engineer and the project manager will represent TBI.
SCHEDULING
Upon receipt of signed authorization, we will proceed to order the specified equipment and prepare a schedule for
completion of the proposed services. If any of the equipment specified is custom ordered product, up to six weeks
may be required to complete the proposed services. This schedule assumes no delays or obstacles will be
encountered in gaining access for the installation. Standard service and support is limited to Monday through Friday,
8:00 AM to 5:00 PM central standard time, excluding national holidays. Expanded service hours are available for an
additional charge and can be provided if determined necessary
CLIENT RESPONSIBILITIES AND CONDITIONS
The client is responsible for supplying all high-voltage requirements and connections. In addition the client will be
responsible for supplying an aperture in the ceiling from which the screen fabric will descend.
The client should provide TBI with any existing system design specifications, diagrams, room drawings or other
.
Tierney Brothers, Inc Confidential
4/29/2004
Page 1
.
.
.
TBI Proposed Scope of Services
materials that would facilitate completion of the proposed scope of services.
The client will be responsible to contract a licensed electrician to provide any needed high voltage power connections.
TBI will specify the location of necessary high voltage power connections upon receipt of your authorization to proceed.
The client will be responsible for all necessary ceiling tile work involved in the installation. It is the client's responsibility
to prepare, replace, repair, or modify any structural or cosmetic changes that TBI has made or needs to make. This
includes, but is not limited to, ceiling grids, floor tiles, walls, and pre-existing equipment.
It will be the customer's responsibility to have the area ready for installation when scheduled, based upon the agreed
terms and conditions. The project manager and or design engineer at the pre-installation walk through will review the
terms and conditions of the installation. This will include, but is not limited to, electrical, construction, and cosmetic
responsibilities. If the area is not prepared for installation when scheduled, there will be a $125.00 charge per hour.
Rescheduling of the installation will be set for a later date, which will be determined by TBI.
It is the understanding of both parties that prevailing wage regulations, specifically those contained in 40 U.S.C. 276a-5,
or MN Stat S 177.41 - 177.44, do not apply to the work to be performed under this contract.
BASIS FOR PROPOSAL
Based upon our initial consultation, TBl's fee for completion of the proposed scope of services is $7,480.60.
The prices reflected do not include shipping or sales tax and are valid for a period of ninety days from the date listed
on the proposal.
If additional products or services are requested, we will provide a revised scope and cost estimate. Upon receipt of
your signed purchase order, change order request, or verbal authorization, we will proceed with the authorized services
and invoice in accordance with the revised scope and cost estimate. All verbal agreements will be confirmed in writing.
As of January 1st, 2002 Tierney Brothers, Inc. is required by the Minnesota Streamlined Sales and Use Tax Act to tax
all installation hours that involve product that does not become part of real property.
Payment is due net 10 days with 2% interest added to unpaid balances. There will be a 20% restocking fee plus
freight charges for those items ordered which have to be returned to the manufacturer due to customer request or by
change of order.
We appreciate the opportunity to present this proposal. If you have any questions, please do not hesitate to contact us at
your convenience at 612-331-5500. Our fax number is 612-331-3424.
Sincerely,
Heidi Hancock
Sales Representative
Audio-Visual Solutions
Tierney Brothers Systems Integration & Design
Tierney Brothers, Inc Confidential
4/29/2004
Page 2
Purchase Order for Quote
~~BTiERnE!:J
..OBROTHERSINC
\4'inning Presentation Tools'" Since 1977
l.JOO Ave0U:~" Sf:
MifHH>.{~poi1"', ;\.1n 4.~J 2b
w"w ''-''''. tj et: n-e yhf()~, {'~'~.O~
612.B15500 .. 800.93J..7B7 .. FilX: 61 ?13 1..1424
City of Stillwater
RE: Council Chambers
Job Number: 4040407
Grand Total: $7,480.60
The undersigned authorizes Tierney Brothers, Inc. to proceed in accordance with the
proposal and agrees to be responsible for payment.
Client
Title
Authorized Signature
Date
Payment is due net 10 days with 2% interest added to unpaid balances.
Tierney Brothers, Inc Confidential
4/29/2004
.
.
.
Page 1
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.
.
Stillwater Public Library
/V\eVlAo
To: Mayor and City Council
From: Lynne Bertalmio
Re: 2004 Capital Budget Release
June 10, 2005
At the end of 2003, tlle Library Boardasked the City Council that $10,000 in 2003 capital
funds - $5,000 for roof repairs and $5,000 for tuckpointing ~ be rolled forWard into our 2004
capital budget.
At its meeting on June 8, 2004, tlle Board of Trustees passed a motion requesting tliat the
Council release $10,000, all of which would be used for tuckpointing.Tuckpointing is
considered to be a more pressing need in 2004 than roofing. It is also an efficient use of
funds to accomplish as much tuckpointing as possible in one year because of the costs of
overhead such as scaffolding and other work site preparations.
.
(s)" w~ter~
~-~ ~ ~
lM( BtRTHI"t.l[I OF JlttHIfESOTA 'J
APPLICA TION FOR SALE OF FIREWORKS
Receipt Number
Check No
Amount Paid:
Fee: $100.00
APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE
REQUIRES CITY COUNCIL APPROVAL
Name of Applicant
Home Address
-rJ'JlZbET
79.5'/
Name of Business
--r-/l.?bE T
.r 13' I
Business Address
202/
m4,'?/(GT 0 if
:S ,- /L ~ t-.l /1'7 .L;: /?
Corporate Address (if different than business address) /000 /1) i~OLLET m /C?LL - p1/.NAle /1.A7L15
Telephone (Business):
1P5/- Jf.J"j- tJ2~/2
Home Phone
Beginning Date of Sale: S/7/t.7'f' ~/~/()<I End Date of Sale: IIj,Yl - /Z/"?/tJi/ Hours of Operation:
. :5c:..:.e.1d/'1 - 41"- ",t :r j '1 ~ ;U(.->> Ie-i..' j
Location of Display b6G 4rTrlfl HED_
..1.
2.
REQUIRED ATTACHMENTS: The following attachments must be included with this application:
Permit Fee - $100.00
Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the
City of Stillwater as an additional insured.
A diagram of the grounds or facilities (for indoor sales) drawn to scale O/1h . J
dimensions included, ~/~ ~
Signature ot:}\pplicaf1t (or agent)
3.
Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE
CrTY.CLERK, 216 N. 4TH ST, STILLWATER, MN 55084
FOR OFFICE USE ONL Y
r
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any: ;f
s;-l~/,c t---/t;."19i1+ evdl ,vol 6fCCc..--e:-c> ~ A .
? 6/l..J.45 Lt i::: 'Y.I-vv9 v1..Ht-b-( L.v (-ti-J i f'\ .3.1- A
Oi-
J> i5 f1 u..-'-I
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Signature of Fire Chief~tJ '_ / ~
Date:
~ 1'<; / OLj
~
The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to
,folloWing conditions if any:
Signature of Police Chief:
Date:
The sale of the listed fireworks at the location shown on this application is hereby approved,
subject to the following conditions if any:
".1//"7Z--<-
.
/" .I /I I). .::0
Signature of City Clerk: ///L-:I t?;Z~ -.J-. I//(. a/I C>~
Date: (/ - //.-CY-
Approval Date of Stillwater City Council:
Permit No.:
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REQU~3 FO~ I.NST AL~A TIO~ OF BANNER
C7'\ ~/c; fr/rvrJA--~'\_)
APPLICANT. fbJVu:n t:/vd; ~~ {. n1~4
ORGANIZATION~) ~---zd;&lJLl'~ ~f~
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ADDRESS 1~ \-5<.v~ ;t"r\- 71-. TELEPHONE f/r;ft,,..S)CJ '0191
ACTIVITY BEING PROMOTED BY PROPOSED BANNERS:
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M 1~7f)()L./
BANNER LOCATION REQUESTED:
2.
3.
4.
5.
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Main Street at Olive Street (Mad Capper)*
North Main Street - 100 Block (Kolliners)*
Chestnut Street at Union Alley (Firstar Bank)
*MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS
6. DATES TO BE DISPLAYED: lk / hl fJ ;;5 r- 01 j iLl/,. / J /J-t)()L/
-r; ~ I ~ '(jy: - (1''-t- '
7. COMPANY INSTALLING BANNER: ~~f!/J) 4~
Address / ? 4! Ctf11;~~ ~ r Phone~7tj7- g 7LfLj
vu;v:tL ~~.~
FOR OFFICE USE ONLY
D City
D MnDOT
Date:
Date:
(Required for MainStreettocc:ltiorl$)
Installer verification Date:
BANNER REQUIREMENTS ATTACHED
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
<#
I
MEMORANDUM
.
TO: Mayor and City Council .
FROM: Shawn Sanders, Assistant City ~neer
DATE: June 9, 2004
RE: North Hill Sewer Project Phase 2
Change Order No.1
DISCUSSION
Attached is change order for a pressure reducing station on the Phase 2 construction of
the North Hill Project. This station is needed to provide steady water pressure to the area
due to the two separate water mains systems in the North Hill Project Area. Pressure
reducing station would be installed on the comer of First and Hazel. Arcon Construction
has given us a quote of $39,022.00 to furnish and install the station. The Stillwater Water
Board has indicated they will pay $32,622.00 plus the cost ofthe electrical work, which
is estimated to be $3500.00
.
RECOMMENDATION
It is recommended that Council consider and approve Change Order No.1 for Arcon
Construction to furnish and install a pressure reducing station for the North Hill Sewer
Project Phase 2.
ACTION REOUIRED
If Council concurs with the recommendation they should pass a motion adopting
Resolution No. 2004- APPROVAL OF CHANGE ORDER NO.1 FOR THE
NORTH HILL SEWER PROJECT PHASE 2 (PROJECT 2000-15).
.
~
I
\
RESOLUTION #2004-130
.
APPROVAL OF CHANGE ORDER #1
FOR THE NORTH HILL PHASE 2 SEWER PROJECT
(pROJECT 2000-15)
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change
Order #1 in the amount of $39,022.00 for the North Hill Sewer Project, Phase 2 is hereby
approved:
Change order #1 is to furnish and install a Pressure Reducing Station on Hazel Street for the
North Hill Sewer Project totaling $39,022.00.
Adopted by Council this 15th day of June 2004.
Jay L. Kimble, Mayor
Attest:
Diane F. Ward, City Clerk
.
.
.,
I
.
.
Q1~~aJer~~
~
THE BIRTHPlACE OF MINNESOTA
Project No.
2000-15
June 7, 2004
Date
Project Description: North Hill Sewer Project - Phase 2
1
Change Order No.
Purpose of Change Order: to install a pressure reduing station on Hazel Street
Basis of Cost:
Actual
x
Estimated
The following changes shall be made to the contract documents:
ITEM
TOTAL COST
Furnish & Intall a Pressure Reducing Station
.on Hazel Street for North Hill project
(t\nchor Bolts
$38,672.00
$350.00
GRAND TOTAL
$ 39,022.00
Recommend for Approval:
By:
. -
) I I
~~~
Shawn Sanders, Assistant City Engineer
Approved by the City of Stillwater
By:
W.
Jay Kimble, Mayor
Title
.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800
,-
I
,
.
.
CONSTRUCTION CO. INC.
June 3, 2004
Tim Moore
City Hall
216 N. 4th Street
Stillwater, MN 55082
RE: Stillwater North Hill Project
Tim,
Following is a price to furnish & install a pressure reducing station on Hazel Street on the .
above referenced project:
$38,672.00 Lump Sum
Exclusions:
No Electrical Work
No Surface Restoration
No Rock Excavation
Piping items paid under contract
If you have any questions regarding this matter, please call.
Sincerely,
tf)ON.CONSTRUCTION CO., INC.
k~ .
Lee Mans
.
PHONE 651/674-4474 . FAX 651/674-2027 . 43249 FRONTAGE ROAD. P.O, BOX 159 . HARRIS, MINNESOTA 55032
An Equal Opportunity Employer
\
. Memo
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director ~
June 9, 2004
Continued Hearing on PUD request for Six Unit Apartment and Office .
Building Expansion, HSI. Case No. PUD/04-25
Background. This item was scheduled for public hearing at your meeting of June 1,
2004. At that meeting, at the request of the applicant, the request was continued to
your meeting of June 15, 2004.
The staff report with Planning Commission recommendation attached.
.
.
,
Memo
.
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director V
May 26, 2004
Concept PUD Review of Proposed Six Unit Apartment and Office
Expansion in RA, Single Family District. Case No. PUD/04-25
Background. This item was first heard by the Planning Commission at their meeting
of April 12, 2004 and continued to their meeting of May 10, 2004 for review and
decision. At the May 10, 2004 meeting, the Planning Commission recommended
approval of the PUD. A condition of that approval is that the HSI two-acre site be
rezoned (see staff reports attached).
At the Planning Commission's special meeting of May 17, 2004, the Planning
Commission reviewed land use in a study area including the HSI site and recommended
that the HSI site remain single family residential. .
At the May 17, 2004 Planning Commission meeting, the Commission was advised by
the City Attorney that they no longer have decision authority (rezoning/PUD) for the
six-unit apartment project on the HSI site. With that new information and their
recommendation to maintain the existing single family zoning on the HSI site, the effect
is a denial of the concept PUD request. The result of the denial would be for HSI to
apply for a special use permit at some time in the future when they want to proceed
with office expansion plans and have dealt with site jurisdiction/planning issues.
A finding for the denial is that the concept PUD proposal does not meet zoning
requirements and adequate parking is not provided on site for the intended use.
A decision on the PUD (PUD /04-25) and rezoning request (ZAM/04-01) must be made
by July 20, 2004.
Recommendation: Decision on concept PUD request for six-unit apartment and office
building expansion.
Attachments: Application, planning commission staff report and minutes, 4-12-04
and 5-10-04, City Attorney opinion 5-17-04.
.
. Memo
.
.
\
\
\
To:
From:
Date:
Subject:
Planning Commission
Steve Russell, Community Development Director
May 6,2004
Continued Hearing on Planned Unit Development for Six Unit
Apartment and Office Expansion. Case No. PUD/04-25
This case was continued from your meeting of April 12, 2004 to this meeting after
Council consideration of the zoning amendment request Case No. ZAM/04-01.
It is recommended that the Planning Commission hear the project proposal at this time
and continue decision on the item to your meeting of June 14, 2004, when the
Commission reviews zoning and comp plan land use for the area.
Attachments: Planning Commission staff report 4/6/04.
Memo
.
Planning Commission "
Steve Russell, Community Development Director jZ/"
April 6, 2004
Concept Planned Unit Development Approval of 2 Acre, Mixed Use
Office/Residential Development. Case No. PUD/04-25
Background. This review is related to the Zoning Amendment request Case No. ZAM/SJ4-01.
The PUD application assumes the rezoning is approved and applies for a mixed 'use
office/residential development. The office use is a total of 12,881 square feet (7,439 square
feet existing and 5,442 square feet proposed) and six (6) residential units (five (5) efficiency
units and one 2-bedroom unit). A six-stall garage is proposed with an adjacent 10-stall
surface parking lot for overflow/quest parking. The 12,881 square foot office use requires 43
spaces and 43 spaces are provided.
To:
From:
Date:
Subject:
The owner and owners architects/engineer have met with city staff. The site is unique in that
a portion of the. site is located in Oak Park Heights and services to the site are provided by
Oak Park Heights. The application includes ~ site plan, building elevations, drainage plan and .
landscape plan.
The request is concept PUD approval for the overall plan and final as well as concept approval
for the six-unit residential units, Phase 1.
As with the zoning request, the proposal is consistent with the Comprehensive Plan and meets
zoning requirements for the PA Zoning.
Recommendation: Approval.
Conditions of Approval. .
1. The rezoning of the site is approved by the City Council. (Case No. ZAM/04-01.)
2. Public utilities for the project are provided by Oak Park Heights.
3. Final PUD approval for the office addition shall be reviewed by the Planning Commission
and City Council for consistency with the Concept PUD approval.
4. The final drainage/grading and utility plans shall be approved by the City Engineer.
5. A development agreement shall be entered into with the City of Stillwater and Oak Park
Heights for utility service.. .
Findings: The proposed mixed use is consistent with the Comprehensive Plan and PA Zoning
RegUlations.. .
Attachments: Application and plans.
.'
I-u j-- /0- oy
Helping People...Cnonging Lives
a privati notlprofit corporation
.
March 22, 2004
OAKDALE OFFICE
7066 STILLWATER BLVD. N.
OAKDALE, MN 55128
651-777-5222
FAX 651-251-5111
City of Stillwater
Planning Commission
412 W. Elm Street
Stillwater, MN 55082
Dear Planning Commission members,
The attached materials are in support of the Human Services Inc. (HSI) application for a Zoning
amendment and Planned Unit Development for the site at 375 East Orleans. This applicationis
for concept and final approval of Phase I, and concept approval of Phase II.
Back2'round
In 1993, HSI purchased the 2.03 acre site at the southeast comer of East Orleans and 6th Street
from the Stillwater Medical Group. This site is mostly in Stillwater but includes a 70 x 180 foot
parcel on the northwest comer in Oak Park Heights. It includes an office/clinic building on the
Stillwater portion of the site and a small 3 bedroom house and garage on the Oak Park Heights
parcel. HSI has been operating its multi-specialty human service programs from this site and
renting out the house for the past 11 years.
.
HSI's proposal to expand our services on this site is driven by the growth of service needs in this
and surrounding communities and our opportunity to develop supported housing. Expanding the
office/clinic and housing use of this site is a natural extension of current services and a good fit
for this location.
ProDosed DeveloDment Overview
The Stillwater portion of this site is currently zoned RA but it is in the comprehensive plan to be
zoned as "Public Administration". HSI is requesting that the site be rezoned to "Public
Administration" consistent with the comprehensive plan and that within this new zoning, a
Planned Unit Development (PUD) be approved to include constructing a new 4,489 square foot
apartment with six rental units, removing the existing house, and adding 5,442 square feetto the
current clinic/office building. The development is planned in two phases with the housing
component to be completed in 2005 and the office expansion in ?007 or later.
.
Phase I: Housim~
HSI proposes to build a 4,489 square foot apartment on the southeast comer to provide five
studio units for young adults who have a mental health disability and a two-bedroom unit for the
resident manager. This project -is for "permanent supportive" housing and will provide safe,
stable, housing for homeless young adults who need support to develop the skills to become self-
sufficient and independent. HSI and Washington County Community Services will work with
each resident to create and pursue a plan to become independent and self-sufficient. A resident
manager will live in the building providing ongoing support as well.
HUMAN SERVICES, INC.
BOUTWELLS LANDING' COTTAGE GROVE' FOREST LAKE' OAK PARK HEIGHTS · OAKDALE . STILLWATER' TRANSPORTATION FACILITY
. AN EQUAL OPPORTUNITY EMPLOYER' website: www.hsicares,org
City of Stillwater Planning Commission
March 22, 2004
Page 2
Phase II: Office Exnansion
.
HSI has been providing a variety of human service programs from the current 7,439 square foot
building since 1993, including community support and outpatient mental health, chemical health,
domestic abuse services for families and children, and community support services for frail,
, older adults. The proposed expansion will provide 5,442 more square feet for offices and
meeting rooms to provide similar services. The three bedroom rental house will be removed
from the northwest corner of this site for parking expansion and the site will be landscaped to
provide screening from the street.
Reasons for Annroval
The proposed rezoning of this site to Public Administration is consistent with Stillwater's
comprehensive plan. The proposed office use of this site is allowable in the P Azoning and
housing is listed as a conditional use. The proposed development is a very efficient and effective
use of this site. This site has included office services and housing for many years and the
proposed expansion will allow the site to fulfill its potential as a human service delivery location.
Services to be provided from this site are needed in Stillwater and the St. Croix Valley area. As
the population continues to grow, persons needing services provided at this location also
continue to increase. The development of this site represents a step towards strengthening the
fabric. of family and community life.
The proposed development of this site will harmoniously blend into the neighborhood. The site
is surrounded on three sides by residential development which will help the housing building
blend into the neighborhood. The older, somewhat rundown two-story house will be removed,
landscaping will be improved, and an area now somewhat overgrown with scrub trees and brush
will be landscaped into a small park-like environment.
.
Thank you for your consideration. HSI looks forward to accomplishing this improvement in our
community.
Sincerely,
~
...
Robert Butler, Ph.D.
Chief Executive Officer
Human Services, Inc.
RB/lg
.
.
PLANNING ADMINISTRATION APPLICATION FORM
Case No:
Date Filed:
Fee Paid:
Receipt No.:
.OMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
ACTION REQUESTED
Special/Conditional Use Permit
Variance
Resubdivision
Subdivision*
Comprehensive Plan Amendment*
xx Zoning Amendment*
-XX Planning Unit Development *
Certificate of Compliance
The fees for requested action are 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 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 is required with applications. Any incomplete application or supporting material will delay the
application process.
PROPERTY IDENTIFICATION
33.030.20.41.0001
33.030.20.41.0002
33.030.20.41.0018
33.030.20.41.0020
(GEO Code)
Office and Housinq Expansion
R
R
R
. Assessor's Parcel No. R
(OP]
(OP]
(STl
(STl
Address of Project
.oning District RA
375 East Orleans
Description of Project HS I
"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. .r
Property Owner Human Services, Inc.
Representative Larrv prinds
Mailing Address 7066 N. Stillwater Blvd.
City - State - Zip Oakda1e, MN 55128
Mailing Address 275 E. Fourth st. Ste 800
City - State - Zip Saint Paul, MN 55101
Telephone No.~651) 777-5222
Signature ~ .
. - -
(Signature is required)
Telephone No. (651) 556-8633
Signature I ALIA 1\.. . ~
:.....v (~i~~a/ure is required)
Lot Size (dimensions) 330 x 268.52
Land Area 2.03 Acres
Height of Buildings: Stories
Principal 1
Accessory 2
(SEE ATTACHMENT)
SITE AND PROJECT DESCRIPTION
Total Building floor area 1 7 ,370 square feet
House/OfficeExisting :cOZ'7,t'439 square feet
Feet House/Office Proposed 4489/5442 square feet
11 ' - 0 " Paved Impervious Area 2 0 6 4 2 square feet
24' -0" No. of off-street parking spaces 49
.
HUMAN SERVICES INC.
PROPOSED OFFICE AND HOUSING
DEVELOPMENT SITE
.
The proposed development site at 375 East Orleans in Stillwater is bounded on the east .
and west by the City of Oak Park Heights and on the north and south by the City of
Stillwater. The dimensions of the entire site are shown below.
CITY OF STILLWATER
----
- 65TH STREET (EAST ORLEANS) --
-- 268.52' --
EXISTING
HOUSE
CITY OF b EXISTING CITY OF
OAK <X) OFFICE OAK
..-
PARK , PARK
I
HEIGHTS (OAK PARK HEIGHTS) HEIGHTS
, .
,
w -- 70' -- I-
::> w
z b w
w (") b 0:::
> (") I-
, (") C/)
<( I (")
~ I <(
I ~
0::: (TOTAL SITE = 2.03 ACRES)
r;s <(
Z
0 <(
I G-
I I
I
(STILLWATER)
---_ I
-- 268.52' -
CITY OF STILLWATER
.
.
.
.
The Oak Park Heights property consists of two parcels:
· Geo Code Number: R 33.030.20.41.0001 "West 70 feet of Lots 11 and 12,
Block 1, Webster's Third Edition" (This parcel contains the existing house
and garage.)
· Geo Code Number: R 33.030.20.41.0002 "Part of Lots 9 and 10, Block 1, being
West 70 feet thereof, Webster's Third Edition" (This parcel includes a driveway
and parking.)
The Stillwater property also consists of two parcels:
· Geo Code Number: R 33.030.20.41.0018 "Lots 1 through 12, Block 1, except
West 70 feet of Lots 9 through 12, Webster's Third Edition, First Ward and 1/2
vacated East S1. Croix Street adjacent" (This parcel contains the office building.)
· Geo Code Number: R 33.030.20.41.0020 "South half of East S1. Croix Street
vacated lying between South Hazel and South First Street, Block 8" (Wooded
area - part of the vacated East S1. Croix Street.)
LOT SIZE
Stillwater 76,011.6 Square Feet
Oak Park HeiQhts 12,600.0 Square Feet
Total 88,611.6 Square Feet
BUILDING
FLOOR AREA
Existing
Proposed
Existing House (OPH) 1.243 Square Feet - 0 -
New House - 0 - 4,489 Square Feet
Office 7,439 Square Feet 7,439 Square Feet +
Office Expansion . 5,442 SguareFeet
':;'f~if,f,<~i'!g.~t..~~~ttc!~~~~~~~f~5$~m Wl~riW#.~~~,(ii~~~~~~~..k~ ~l:tl1f~J,~jil\~,J~~~~t;.!fi.M~
Total 8~682 Square Feet 17,370 Square Feet
05- /2004
14:05
ECKBERG LAW ~ 4308809
NO. 439 [;1001
LAW OFFICES OF
Eckberg, Lammers, Briggs, Wolff & Vierling, P .L.L.P.
.
James F. Lammen
. :Robert G, Briggs *
Mark J. Vierling ..0-.
Thomas J. Weidner
SUS2Xl D. Olson .0-
David K. Snyder
Timothy M. Kelley
Sean p, Stokes
Ba1etS C. Heeren
Laura 1. Domagala
Joshua D. Christensen
1835 Northwestem Avenue
Stillwater, Minnesota 55082
Lyle J. Eckberg
(1916-2003)
(651) 439-2878
FAX (651) 439~2923
direct dial: (651) 351-2131
d:inyda@eck.betglammers,com
PaulA. Wolff
(1944-1996)
.Qu:alified Neutral Arbitrator
* Certified Real Estate Specialist
~Qualified Ncutxal Mediator
FACSIMILE TRANSMISSION
DATE:
Mav 17. 2004
Please deliver the followingpage(s) to:
FAX NO:
(651) 430-8809
TO:
Steve R~~el~ I CQpununitv Develuuu.Lent
FROM:
David K. Snvder
TOTAL NUMBER OF PAGES 3, INCLUDING COVER SHEET.
.
The pages CV"'-';/:'.LAsUlg this facsimile ttansmission contain confidential iDfoxmation from Eckberg, Lammers,
Briggs, Wolff & Vierling. This ;.u;vuoation is intended solely for use by the individual or entity named as the
recipient hereof: If you are not the intended recipient, be aware that any disclosure, copying, distribution, or
use of the contents of tbis transmission is prohibited. If you have received this transmission in error, please
notify us by telephone immediately so we may ........cwge to retrieve this traDSInission at no cost to you. Violation
of tbis confidentiality notice could constitute a basis for a claim for damages against the violation. If you
received this CUUJ.U.l.wicationin error, please immediately notify us by telephone at (651) 439.2878.
IF YOU DO NOT REC.t.l VEALL OF TIIE PAGES, PLEASE CALL US
BACK AS SOON AS POSSffiLEAT (651) 439-2878
COMMENTS:
***********
HARD COpy WILL NOT FOLLOW BY MAJL
.
LOCATION:651 439 2923
RX TIME 05/17 '04 13:25
05/17/2004 14:05 ECKBERG LAW ~ 4308809 NO. 439
~ HSI Fax:6512S1S'1' May 17 2004 11:26 P.02
'" MetropOlItan c.;o~ - News & Info. Metropolitan Council Awards Affordable Housing .n Page 1 of2
r.J~02
" .
;.
.
M~troDolit"n CounclI,Aw_ar~.!...~ff9rd..~bl~H~Vsi~~ Grants,
Grants awarded to lova, Grove Heightl5:. Mlrmeal'OUs, Minnet... !..., Oakdale, Sl Paul, Stiltwater and Woodbury
Contact: BonnIe Kollodge
651.602.1357
ST. PAUL.-May ~2, 20D4--The Metropolitan Council today awarded nearly 11 million to support affordable housing initJa
Inver G,rov~ Heights, Minneapolis, Mrymetonkl, 021kdale, st. Paul, Stillwater and WQodbury. The communities particlpat
CoundJ 8 Uvable Communities program .nd are~ therefore, eligible to receive Uvable communttles gr.mts that promob
choice and .ffol'CSlblllty, efficient and cost-effective development and dean up or polluted land tor redevelopment.
''The granrs represent: collaboration at: many level,," said CounCil ChaIr Peter Bell. "They provide rtlourc:es that commL
to provide residents with houslnSrChOICIJS. In addition, the grantJ are reviewed and rec:Qmmended In a collaborative pl"
other fl.lndlng agenCIes, namely ttle Minnesota Housing F1nan~ Agency and Family Hou,lng Fund. It really doesn't get
than thIs In urms of helping COmmUnities meet houSing needs, and doing So In a most: effldent and cooperative mannc
'Metro Council grants for affordable housing Include:
.
University .nd Dale Apartm....ta,st. Paul--$200,OOO to help f1nan~ the development of 103 rental housing
units as part of I new mixed-use, miXed-income apartment camplex at the southwest quadrant of the intersect
of unIVersity Avenue and D.II Street. The first floor of the building will house the new. relocated Lexington Bral
of the st. Paul PubUe Ubl'ary. The second floor will be the resIdential parking ramp and floors three throu9h Irx
be rental housIng.
WoodbUry Community Land Trust, woodbury~-$200,OOO to help In th. development of 36 affordable
tDwnhomes tor ownerShip in two major residential developments in the city. 80th developments will be In dose
proximity to employment, commertial, and recreatfonal opport1lnities in the cityl i$ well as Intel'3ta~ highways
The land trust wlU own the lanct and homeowners wIIJ own the .tructures.
Lafayette FBmllyTownhomu, Inver Grove Heights-$195,'OO to help fund deVelopment ofa new 30-unit fa
tDwnhome proposal by th. Dokota County Community Development Agency at 50th Sfreet E. In Inver Grove
Heights. The development will hive good access to major nlghwoys and local servlta Indudlng shopping, healt
care and recreation.
PrOject for Pride in Uving LDWefI ~hool Site, MIl'meapolis--S100,OOO tg help finance 14 new homes for
ownershrp in the North Minneapolis Jordan neighborJ'lood on the two-atre sIte. Qf the formlar Lowell Sdtggl. 1l'le
location hasconned:Sons to employment, transit, parks, shopping and SOClalservlees.
TWo Rlv."" Community \.and Trust, Oakdale-.$100,OOO to help atqulre, rehabilitate Bnd ,ell up to four singl
family homes In Oakdale and perhaps oth.r Washington County citles that are participating In the LIvable
Communities program.
.
Wes:t Hennepin Affordable ttouSing Land 'mist, Mlnnetonka--$B3,OOO to help the land tru~ pu~h8S&,
rehabilitate and r'Mllet IUlt two homes for ownership in suburban HennepIn County COmmUl'IIt1es, Including
Mlnnetonka, which has 'committed funds to this project.
Home Free Housing, Stlllwater-$lSO,OOO to help fund a new permanlnt supportive housing dtVtllopment next
the Human Services clinic, whith wm tllfQtt housIng and support service. to at least five homeless, mentally III,
young adults in Washington County. A resident aSSIstant will live in tn. sixth unit. The complex will be withIn
walking distance to county services, mental and chemical health resources and public transportation to help
promote Selr.sUfftdency.
http://www.m.etrocouncU.org/newsI2004/news_440.htm
LOCATION:651 439 2923
5/1712004
RX TIME 05/17 '04 13:25
05/17/2004 14:05 ECKBERG LAW ~ 4308809 NO. 439 ~003
H S I Fax: 651 251 5111 May , 7 2004 11 : 26 P. 03 .
'" M"lr.u~olitan Council. News & Info. MlW~V}'olitan Councll Awards AttOrdat)le Housmg... .rage" or"
,..
Be>th th. Vnlv.naity and Dale Apartments and th. Home Free propo5al will provide some permanent supportive housln~ .
homeless Individuals and families, consistent with the Initiative by the Pawlenty Administration to addr.$$ tttronlc: horn
To date, the Council hes $warded housing grants totaling $15.5 million as part of the Uvable Communities program, he
ger'lerate a mtal investment of more than $400 million. The funds are helping to de"elop more than 2,000 new afl'orda
units. rehabilitate 539 i1ffordable l~";"" unb, build more tn." SOD n.~ aHordable ownership unlt$ and rehabilitate m.o
200 affordable ownership units. ..
The Council's award of $938,900 is part of norfy $5.5 millfon fecommended for public investment In housln~ In the ml
so rar tr'li5 veer, with tM Family HousIng Fund contrlbutfng $1.32 million and the Minnesota HouSing Finar'lCG Agency c:t
53,2 million.
Together, the funds will help develop 254 new reoUll units and 'rehabllltate or improve 104 more. Of those, 183 will be
to very low-income hou,eholds. In addition, the funding will help develop 156 homes ~r ownership. Ofthose:, 116 will
constructfon. As many as 40 wlll be rehabilitated Of lmprovecl for resale.
The M~polftan Council is the regional planning agency for the !lIVen-county Twin Cities metro area. The Council advl
vital communltf.s, c:ost-.rrec:tln Sllrv'ices and a ~mp8tlttve relalon. It runs the regional bus~. .JI-......., c:oUtm and treao:
wastewater, manages regional water resourees, "Ians regiOnal parks and administers funds that provide housing OPPOI
low- and mlJderate-income individuals .nd families, The 17-member Metropolitan Council board Is appointed by and se
pleasure of the MInnesota governor.
-30-
r:;,~.~~.m to 1':l.!lws.B~!~!,5~.
Metropolitan Council
t.l9rne I ~ervfc~ I ~.~outv., I M~.ting~.& E~.ent$1 R~9Urc.!il, R,eports & Oa.t~
R~gj<m~LTr!l1.sp~rt~~lon I J,Q.CS I C.onta.~.U~ I ~Jt& $.~l'Qh
Me~rs Park Center · 230 ! Jth St. · St. Paul, MN 55101
Phone: 651-802-1000. '1iY: 651-291-G904
E-Mail: dat~::!in\t.tr:@mtn.c.s.ut~~..mn.ps
.
J
.'
All infonnation on this site is available in other formats upon request.
@ 2003 Metropolitan Council. AU Rights Reserved.
-
http:! fwww.metrocouncil.org/newsI2004/news_~0.htm
LOCATION:651 439 2923 RX TIME 05/17 '04 13:25
5/17/2004
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31 Red Gnome Dogwood
----------------~
EAST ORLEANS STREET
G5TH STREET NORTH
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, I co HSI parking I
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y <..-- I
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I ~/"" 3 Red Gnome Dogwood .~
i ~:~ proposed I
IftlHome Free
'B1 garage I
! :"1 I, (6 stalls) I
I, .
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I.
layout
notes:
t. . AU. WRITTr:N OIMfNStONS SHAlL PReVAIL OtM!N510NS APr. TO
eACK or CURB.
2. eASf IN!"ORMATION AND DATA AU 5UBJfC1' TO SURVrf.
3. RePORJ ALL LAYOUT DI5C~PANCle lMMfiJlAmVTO AR.Q1l1lcr
PeR THeiR DeCISION.
4. vtR1f"1'" All UTlUTItS. SfRVlC2 UN~. AND OTHfR eIJRltD
CONSTRUCilON WITH THe Af'PROP~R AUTHORnY efl'ORf STAR:T1NG
WOR.F.. "NQTt THAT NOT AU. tJ11Lme5 MtZ INDICATeD ON THe PlAN. IT
15 THe CONTRACTORS 1ttSPON5I6Ill1Y TO vrRIl"Y ML UTIUTIe5 AND
THeiR LOCATIONS.
5. FOR PAVfMf:NT CONNfCTIONS TO THe: 6UILOING sa AR01mcr5
D~A1L SfCTION:5.
G. l"ORCONCRrTf I"IATWORK'MT11 RAQIlLARGfR THAN 5', use IXG
CLtAN WOOD fORMWORJI:..
7. ""AlaMUM CR055'"AU. ON W/4J.f..5 SHALL Be @ 2.0~.
8. /"OR GRAVfL MUlCH, use 3" TH1CKLAYU 01"" ST. aouo GRANm'
(314" SIze) oveR. G MIL POLY.
9. !"OR CO~ Wm.CONNfCTION5 TO WILDINGS ~
5TRUCWRAl. ORAWlNGS.
10. ALL CONC~ WOAA. OUTSiDe OWNCR'5 .- ,,-oJ'- _..... . UN! AND
UNDER CIlY JURISDICTION, SHALL COMPlY WITH CITY STANDARDS.
I I. ~STING DRlVewA'tS TO Be Rt:MOV::D AND N&t' DRI\leWA'YS TO
ee CONSTRUCTeD TO eflY STANDARDS BY A UCe:NSe:D AND OONDW
CONTRACTOR UNOfR A peRMIT f"R.OM PtJ6UC WOR1'5. SIDfWALK
GRADes MUST ee CAJl:RIfO ACROSS THe DRIVEWAYS.
I 2. CA~ MUST ee: TAI\eN DURING CONSTRUCTION AND exCAVATION
TO PROTtcT AN'( SURVey MONUMENTS ANOOR PRQPOOY IRONS. CALl.
PUBLIC WORl'S WITH At-<< QUesTIONS.
I 3. THe: CONTRACTOR MUST OeTAlN AN OffiTRUCTlON PeRMIT rROM
ru6UC WORl'S I.~ TRU::K3JfQUIPMfNT WlU Be DRJVlNG OVfR CURaS
OR Ir' CONSl1WC110N WILL BLDCIC. CITY S~. SIOf'NAUG OR
ALIDS.
14. THE CONTRACTOR MUST DeTAIN AN exCAVATION PeRMIT I"ROM
PUBUC 'JIORJ<5 II" DIGGING 15 00Nf IN THe: PU6UC RJGHT Or' WAY. THIS
PR.OCeS INVOLVf5 N7ROVAJ.. BY PU6UC WOR1'5 UTlUlY ReVIew
COMMma.
I 5. ADJAceNT STRt:fT5 AND AueY5 MUST ef SWfP'T TO IC.ffP THeM
I"RU: 01" SeDIMeNT. CONTRACTOR MUST MONITOR CQNDtTlONS AND
SlJ.oUP AS NffDe'D OR WITHIN 24 HOURS or NOTIce BY THe' CITY.
lb. GfNfRAl NOTe': AUGN ALL CONCRfTE lANDINGS. SIDfWAt.K.5 AND
PATIOS WITH rRONT OR ReAR fOR01e5.
HOME fREE HOU5ING: 2.4975f
HOME fREE GARAGE: 1 .Goo 5f
E. ST. CROIX 5T.
H51 PARKING (43 5PACE5): 17,371 5f
HOME fREE PARKING (G 5PACES): 3.271 5f
TOTAl PARKING SURfACE: 20.G42 5f
layout plan
:.:- ~n,
: ~ scale:
1" to 20' .
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en
DATE ISSUED
JOB NO.
RLE NAME
3/28/04
0318
RLE NAIIE
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a Proposed shrub
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------~
EAST ORLEANS STREET
G5TH STREET NORTH
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r'":W:p:'ed1F~,g~ ~
10 Emerald lOE_
r Caroua.,BarIlony addition ~ 'Cer"- ':'\ turf :
'r~"'" 0 ~ I':
. 1:::~'
Honeysuckle-
3F"mrBaR
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-' "-" r1 Forest Prince 4 OwarfBush Honeysuckle ~
eo- V SelVlc:ebeny e Emenlld Cere"'" Barbeny" '
......;;;;7 . . 5 Biue MuflIn VIbumum "\ \.
eXIsting ~ '1\.0+.
-2F1n1BoDEuonymua HSI Building >t:'
7 Em....1d Ce....... Barbeny ""'
/5 BiueMuflIn=:;"",
Honeyaudde ~
7 Emerald
Carousel -
B-.ry
5 Blue Muftl~ -.
V1bumum
=
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turf
r, ..-:::::::::::::::::...-
'. .::T~p.r~~~;;~~J;1~~\:ii.
........ ::fi:::::i:::addltion:::::::::':':':'::" "':'.' '.'
:~~i4Ui/in~l:::::.::.:...:.:.;..........
_ _ f"Jl.!l~! !!.c:s}{{{:.:.:}}}.... -
~~;:;<- - phase 1:/- - - -a;;;.,~-;;..;--
" z}t:i::~~;:;r~;. wulb.g p""
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_ proposed
Home Free
garage
(6 stalls)
L_
plant schedule
no. common name
.4 Autumn Blaze MaDle
5 Forest Prince Serviceberry Clumo
3 Dura Heat ClumD Birch
2 Swanro White Oak
latin name
Acer x free~ 'Jeffersred'
Amelanchier grandiflora 'Forest Prince'
HetUli nigra 'HNM l t"
Ouercus bicolor
size root remar1<s
2.5" BB sttailllhtleMfer
6'H BB clumP form {min. 31eaders.l
14' BB multi-stem (min. 3 leaders)
2.:>~ BB atrailDt I9der
#5
#7 <a>C
J'H BB
#5 """
#5 <a>L
i/O
iiIo ~
#5
33 Emerald CarouseJ BarberTv
71 Red Gnome Dogwood .
kri h~::~=le~t
21 Taunton Yew
38 Blue Muffm Viburnum
. ...!.. Mohican Trf'!f'! vthnmn....
. 1!. Dwarf Rw::h 1-I"""''''''.",:,''',,":lj'...
Berberis x 'Tara'
Comus alba Sabirica 'Ked Gnome'
cuonvmus' aJalUS "::selec['
RibeS alpinum 'Green Mound'
'raxus x media 'TaWlton'
Viburnum dentatum 'Hlue Muffin'
vfburn,tm lantana 'M~hicar;
Oip.rvil1a InniC':pnl.
lLl: Native Perennial Seed Mix f}~nlirie <l\U"sery 'Detention Basin Wet Prairie Mix')
I
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planting details
AfTfR.INSTAUATION. TRIM OUT OeA.DWOOO
AND,oR DEFORMED lWlG5. 00 NOT cur lJ:AOeR.
NOTE,
PLANT TREE so THAT THe: PIvOT POINT 01" TRUNtc;.
MAT01.s SURROUNDING GRADE (l'1VOT PI".
SHOULD BE THE SAME POINT 105 THE I'IAAf Of'
THf TRUNIQ. IN AlL AAV6 wm1 HfAVY nAY OR
POORlY DRAINeD SOILS (M01TUNG), CONTACT
LAN05CAff AACHrTfCT TO f'055l61Y RfiOCATf
TRff OR TO CONFIRM fLlVATfO ROOTeALL IN
HeAVY S01l5. THe CONTRACTOR. SHALL 5EJ' THe
PIVOT POINT Of' THe TRee 2"-3" ~ GRADf.
TRfE WRM' !"ROM eaow MUL01 UNe rOMItST
BRANCH PR.!OR TO fiRST rAlL RfMOolE Al"TfR
J 5f WINTeR.
f7\ B 4: B TREE DETAIL
VNO=
Af'TfR Se;TING ROOT BA1.l. IN PIT. 6AaFlU TO
WITHIN J 2" Of" TOP Of" ROOTeA1LANO WA1fR.IN.
CUT AND ReMOVf TO 6ACKflL1. UNf AU. 'TWINE.
WIRe: ANDJOR BURlAP. BACF:J"1LL UNTIL PIT IS
ruLL, WATeR AGAIN. PULL fXce55 SOIL Orr" THE
TOP 0" 6RAN01 ROOT 5'YSTtMS. IF SOIL IN
ROOT BAll. 15 THE CONSISTENCf Of OATMEAL
DUE TO fkCf55lve HANOUNG. CONTR.'CrOR
SHALL 5T~ THE TRa.
COORDINATe 5TAF:JNG TO INSURe UNlr'ORM
ORIeNTATION or GUY UNfS . STAKES.
GUY A55EM6LY, I b' POLYPROPYLENE OR POL~E
(40MI~) 1.II2'WlDESTIIlP.(lYP.) OOUBLfSTI'AND 14GA
Wlll" J STEEL STAAf5 OR SIGN POSTS II 120 OEG. O.C.
(See STAJ<ING DIAGRAM), GUY A55EMElLY OPTIONAL 6lIT
CO.rrRACTOR A55UMElI'Ull. RESPONSI6IUlY FOR
MAINTAINING fRet: IN ^ PWMB POSITION PeR THe
DURATION OF THE GUARAN'I"ff PERJOO.
fiNISH GRADf-
Pl.ACt: PlANT TO
&fAR SAMe
RELATIONSHIP TO
GRADf Id IN
NATive GRQW1NG
CONDITION.
MUL01
J'
~
I. INSPECT 5U6-5C)IL fOR
COMPACTION. NOTII'Y GeN.
CONTRACTOR I" SOtL 15 TOO
COMPACTeD 50 CORRfCTIVE WORK.
MAY Bf DONf BY fXCAVATOR.
2. REMOVE WEWS AND DE6I1lS OR
SOD FROM SOI~ SOME SOIlS Wlll.1lE
DISTURBeD BY GEN. CONTAACTOR
WHILf OTHER WILL NOT. VfRIt'YW1T11
CONTRACTOR EXTENT OF DISTURBANCe:. ,
3. ROTOTlll.A I'LAYEROfCOMPOST
INTO b' TOPSOIL DEPIH.
4. SUBMIT RECEIPTS Of' AMOUNTS TO COMPACTED PlANT ~G
lANOSCAI'fAACHITECT. ~"WRfTO CUT SIDES Of' ~~LB~. SOIL MIX
g~rg~~~~~~E~THE t:\ ~'SHRUB BED SECTION
REMOVED AND BED PREP. REDONE. \!:..J NO =
to
plant notes:
TRIM BROUN. DEAD 1WIG5 ONLY.
SPACe PlANTS ACCORDING TO
501EDt.ILE. .
2' SHREDDED ttARllv.OOO MUlCH.
fiNISH GAADf- PLACE PlANT TO
5fAR SAME RfLATIONSHIP TO
GRADE 105 IN NATIVE GROWiNG
CONDITION.
COMPOST/fOPSOIL MIXTURe. see
SPECS.
SCARJI'Y BOTTOM AND SIDES Of
HOLE PIIlOR TO PlANTING.
ALL 0I51UReC'0 ~ AAZ. TO ee OODDfD
exCI!PT WHe:Rf SHOWN TO Elf PAveD.
:m1W6 '&:0. OR MUl.01W.
AlL SHIW6 et:D5 ARe: TO HAve 5TaL
WGING WHe:Rf ew5 MUT TURf. use
MRSON "tAND5CAPf BORDeR- (311 G" X 4").
U5f A 3" LA'rfR. 0,. 5HRfODeO eARl\. MUlO1
O~ I:NTI~ PlANTING em.
THr: nANT NUMee:RS ON THe PLANf UST
ARt. PRfDOMINATf.
GRAVtl MUlO115 TO er: ST. ClOUD
GRANITe (3/"- SIll) 0 3" oar 0VtR l'lACJ\.
POLY (G MIL).
roR mf PWmNG. 5~ oeTAJL lAA.
toR 5HRU8 I"1ANTING. 5U DeTAIL 2/IA.
r'OR ~IAL PlANTING. 5a. ~A1l 3Il-4.
AlL PlANT MATfRIAl. ANO WOIU. 15 TO ESt IN
COMI"tJA.NCr: WITH ANSI 2GO.1 AM. 5TD.
!'OR NURS~ S1'OCX.
, III
=1... '. . _
1, "illmw"lill"llll",~
~
UNDI5TUR.6eO SOIL OR.
COMPACTED SUIlGAAOE.
o TYPICAl PERENNiAl BED SECTION
NOSCALE planting plan
:.:- -3
: ~ scale:
1" to 20' .......
O' 2)' .1)'
RfMOVING OR Pl.ANTING TRU5 IN THe:
OOUlZVARD RfOUIRe5 A PfRMI1 f'ROM THe
ClTYroRC5mt
NO'T't: P'LANT 51OC"5U8J1:CT 10 ~~
BY \.ANDSCAl"e AR01ITI:CT Uf'ON otuvtRY
TO sITe.. CONTACT' GARRrn rrve
(GSI-55G.aG2&) TO 5Q1mtJlZ ~ew.
1
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DATE ISSUED
JOB 110.
RLE NAlIE
3/28/04
0318
RLE NAlIE
L-3
ill=rJ 'ITn' ..
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", ~ . ~-' ~
t::::: . -- - - - -'J:l'
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PRE-FlNISHED MET.
EAVE TRIM & SOFffi
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OVER CEMENT BO.
PANELS
MET. ClAD WOOD WIN.
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BUILDING DATA
IM.1"LOOlt
I fl'l". ""0 <Of 5.r. . 404:1.1'.
I .2t1lt Al'f.. lOTI sr. . 1071 SI_
c::otAClN"N:% . 5005.1'.
l,AUIClllY . .$.P'.
IotlCtl. - 65$.1".
IW.L - .1S5.1'.
ftClIt'l'~ _ 775J'.
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TOTAL MIl9 5.f.
DAlE ISSUED
JOB NO.
FILE IlAIIE
~/a/04
O~l'
FILE IlAIIE
A-l
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.lEGWD
TNFH ...,..!
1L~8!19.0" J pp~:~- ~~t I I
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. rNV,-S75.4J ~ f:L
< XCCL BURtED OUEST BUR/EO C S A H 23 COI.fC.AST ~ QUEST BUR/to J .
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SAN '\. ,; L C,ly of S"lIwol., S.;'~ rr~.:~~~.~~ ~ Milo ...!':: Cente,h"" os Plotted ~ ""-88331 / Sec 33. T3ON.R2DW
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. IEE.-88444 ~:\,,\,~ "'-lCityofCOkPO'k7ts :i.::V' I~X65t:hSERWd Stff~et Nort)l1'b'O q(fz1~,:c I ~~:W~.8jo
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fromed HOl.Jse I I ~ I ~ ~ IN' 885.0 989.7 INY 88. L-. ~ Z .... I
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~ /~, II 8918 / j' r i - - - - _.t'_ J 1 Story Stucco Builcing lNV (S) 979.72 I ,Iii \ I ~ XCEL !URIED
-.-.j,"" ~/: :.-/ I .. .: INV (N) 979.4Z ~, \ I ." ,I;..' .L<Lcerijle SfR~Cf
~1 \:~/:!~;; : /~-f: " ,.~~mr/;.... .. ;.. ,~..I~---y;-WEr
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., fLC"'r"e.!: \ : .. ~.Ee""e I 'i ./' "fL ~URI 0 .,.-#.<; ~ 1 Ca I <tJ. TAPPING
., ... - I-~ SANITARV...:pIPE, -' l' J ,ce) .Ie "j;,"r/' 1IlI1. lEE
q ...... ,.~ INV 887.op V I I l ' I I ~ mill: T _/ I ~ 884.So' 1:1 "":ST BURICO
r~ ~~ \1 ,/ I ._____J . 5 ~"'i ~b~ I ~"'RWCf ~ .
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~.....c Ii ~ /" Oak lOr< . ~.- I / ,_\'9- I >./ --Z '-'ORIFICE' ~ 0, I
..... "'----{ ___..1...-::: ''wJ/ /:aD ~ @r;o.oo ~'i ~ CO . I
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N ,/ I 'l.. m~ -W:1M~1 3LF1Z-. \~'il ac~ lco
o /'Ii "" I '1RV11~17 I RCP. 0.26l1: I ~ I: > I
NEW MH~./ I'/{;">' I "'1:1.' ~ ...,~ ~) . I ~ I
Rill 8905:1: ,.. . , . ']l8;li ( 'Ji I's
INtI ~10 ....!..~ oc:t{ \, - ,,/ ~~ ~\" '/ Naii~~ ~ I
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'zz LF 12' *1 .' ' c s.sw' ..., .I INV 884.16 J. tl
,RCP 0 0.44 .... ../ '\ ZZ.S' BEI1l1_ -. e' COM l~IwArm-.~ -, ~ I
. ~ " /f1 '.:" I %. 6'x&"
';1 884.00 :) I ~o ~PING I
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5 j-=--r-" \ 'll'r-"'-., I c.
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fI ~<" ~~. i - - ~ ~ ~ ryyyy~; ~M:ile ~~: . ~ ELEV~~B.
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~ ~~YJ:-~ ,..-~..... ~ I
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INV.-876.32
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I ""- Inploce 1/2. inch
I Iron Pipe RLS 2769
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NORTH
~~ G)GRADING.
CONTROL AND
UTI L1TY
PLAN
DRAINAGE.
EROSION
"-20'
40'
60'
o 20'
r..........
PROPERTY LINE
EXISTING STORM SEWER
E.ISTING UNDERGROUND ELECTRIC
E.ISTING UNDERGROUND TELEPHONE
EXISTING SANITARV SEWER
EXISTING WAT(RMAlN
E.'STING CATCHBASlN
EXISTINC MANHOLE
PROPOSED CONTOUR
PROPOSED SPOT ELEVAnON
OENDTES SURFACE DRAINAGE
SILT FENCE
PROPOSED STORM SEWER
STRAWBAtES AT I.4ANHOLE/CATCHBAS1N
PROPOSED SANITARY SEWER
PROPOSED WATERUAlN
PROPOSED FwlED END SECTION W / RIPRAP
.ss-
1:IQIES
1. AlL EXISTING INfORUAnON TAKEN FROM SURVEY BY FOLZ.
FREEMAN. ERICKSON. INC. OATED UARCH 2004.
2. SUesURFACE GEOTECHNICAL INVESTIGATION BY ___
REPORT . . OATED
3. CONTRACTOR TO FlELO VERIFY AlL EXISTING CONDlnONS
INCLUDING LOCAnONS OF EX1SnNG UTILlnES. AND NOTIFY
ENGINEER OF A"" DISCREPANCIES PRIOR TO STARnNG
CONSTRUC'T1ON:
4. CONTRACTOR TO PREVENT SEDIMENT AND/OR OEBRIS FROM
ENTERING STORM SEWER OR BEING TRANSPORTED OFF-SITE
IN AN UNCONTROLLED .....NER. CONTRACTOR TO VERIFY AT
PROJECT CLOSEOUT THAT STORM SEWER SYSTEM IS CLEAR
OF SEOlMENT AND/OR DE8RIS AND IS FULLY FUNCTIONAL
5. AlL AREAS DISTURBED BY CONSTRUC'T10N WHICH ARE
DUTSIQETHE LIMITS OF PAVING ARE TO BE RESTORED AND
REVEGlTATED.
6. AlL EROSION CONTROL ELEMENTS ARE TEMPORARY.
CONTRACTOR TO INSTAlL EROSION CONTROL ELEMENTS PRIOR
TO START Of LANO DISTURBING .ACTIVITIES. .....TAlN IN
GOOO CONDITION DURING CONSTRUcnON AND REMOVE FROM
THE SITE UPON COMPLETION OF FiNAl PAVING AND TURF
ESTABUSHMENT.
7. CONTRACTOR TO INSTALL SILT FENCE OR STRAWBALES
AROUND AlL EXISTING CATCHBA$INS AND NANHOLES PRIOR
TO THE START Of LAND DISTUR81NG ACTMTIES AND AROUND
ALL NEW CATCHBASINS AND MANHOLES AFTER THEY ARE
INSTAlLED. SEE DETAIL.
6. AlL UTILITY DEMOLITION AND/OR ABANDONMENT TO 8E
PERFORMED IN ACCORDANCE WITH CITY OF STILLWATER AND
STATE OF MINNESOTA RECULATIONS AND STANDARDS.
9. EXISTING UnLlTIES ARE SHOWN IN THEIR APPROXIMATE
LOCAnONS. CONTRACTOR TO FIELD VERIFY THE LOCATION OF
ALL EXISTING UTILITIES WHICH MAY INCLUDE BUT IS NOT
LIMITED TO: ELECTRIC. TELEPHONE. GAS. CABLE TV.
COMPUTER CABLE. FIBER OPTIC CABLE. SANITARY SEWER.
STORM SEWER AND WATERUAIN. CONTRACTOR TO CONTACT
GOPHER ONE-CALL BEFORE EXCAVATING.
1 D. ALL EXISTING UTlLrTlES AND OTHER IMPROVEMENTS ARE TO
REUAIN UNLESS NOTED OTHERWISE.
11. CONTRACTOR TO PROTECT FROM DAMAGE ALL EXISTINC
IMPROVEMENTS. LANDSCAPlNG. STRUCTURES AND UTILITIES
THAT ARE TO REUAIN. CONTRACTOR TO REPAIR ANY QAlAAGE
AT OWN E.PENSE.
12. CONTRACTOR TO FlELO VERIFY THE EXACT LOCAnDN AND
ELEVATION Of EXISTING STORM AND SANITARY SEWER PRIOR
TO THE START Of CONSTRUC'T10N.
13. SEE ARCHITECTURAL FOR DIMENSIONED SITE LAYOUT.
FENCING. STRIPING AND LANDSCAPING. SEE ELECTRiCAl FOR
SITE LIGHTING.
I 4. CONTRACTOR TO PROVIDE TEMPORARY SEED AND MULCH ON
ALL NON-PAVED AREAS WITHIN 7 DAYS AFTER ROUGH
GRADING IS COMPLETED. SEED WITH ANNUAl RYE SEED AT
60 LBS PER ACRE AND WOOD MULCH FIBER AT 45 LBS PER
1.000 SF.
15. PROVIDE PERl.iANENT SEEDING ANO FERTILIZING OF AlL
DISTURBED AREAS OUTSIDE THE LIMITS OF PAVING PER
MNDOT SPECifiCATION SECTION _' PROVIDE MULCH PER
MNDOT SPECIFICAnON SEcnON __'
16. PROVIDE THE FOLLOWING MINIMUM COVER OVER THE TOP OF
PIPE AS FOLLOWS:
A. 8' OVER WATERUAIN
8, 5' OVER SANITARY SEWER
C. " OVER STORM SEWER
17. AlL WORK TO CONFORM WITH CITY OF STILLWATER AND
STATE OF MINNESOTA STANDARDS AND REGULATIONS.
16. SANITARY SEWER PIPE AND fiTTINGS TO 8E POLYVINYl
CHLORIDE (PVC). SDR 35 MINIMUM AND COMPLY WITH AST"
03034. JOINTS TO BE SOLVENT CEMENT OR flEXIBLE
WATERnGHT.
19. STORM SEWER PIPE TO 8E REINFORCED CONCRETE PIPE
(RCP). ASTM C76. ClASS 5 WITH GASKETED JOINTS.
20. WATERUAIN TO BE DUCTILE IRON PIPE (DIP). ANSI A-21.51.
150 PSI WORKING PRESSURE MINIMUM.
21. ALL EXCAVATIONS MUST COMPLY WITH THE REOUIREMENTS
OF OSHA 29 CFR. PART 1926. SUBPART P "EXCAVAnDNS
AND TRENCHES'. THIS DOCUMENT STATES THAT EXCAVAnON
SAFETY IS THE SOLE RESPONSIBIlITY Of THE CONTRACTOR.
22. CATCHBA$INS AND UANHOLES ARE SHOWN ON PLAN LARGER
THAN ACTUAL SIZE. COORDINATE LOCATION Of Of """HOLE
COVER AND CASTING SO THAT IT IS PROPERLY LOCATED AT
THE BACK OF CURBlINE fOR, THE CURB INLETS OR
CENTERED IN THE AREA AS SHOWN ON. THE PLAN FOR THE
AREA DRAINS AND MANHOLE COVERS.
NOT FOR
CONSTRUCTION
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HSI/ STILLWATER CLINIC
OAK PARK HEIGHTS, MINNESOTA
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Website: ,"",.fle-me.com
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375 E. ORLEANS STREET
STILLWATER, MINNESOTA 5S082
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(As Supplied By Owner)
PID #61705-2050 Part of Lots 9 and 10, Block 1. being West 70'
. theIeof, Websters Third Addition.
PID #11552-2000 Lots 1 through 12, Block 1. except West 70'
of Lots 9 through 12, Websters Third Addition,
FiBt Ward and 1/2 vacated Bast Sl Croix Street Olljacent.
PID #11552-2160 South Half of Bast Sl Croix Street vacated lying
between South Hazel and South First Street, Block 8.
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W.bsters Third Addition.
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SUP/04-39
Condition 16 (amended).
a. All lights on fountains and waterfalls are turned off at 9:00pm.
b. All fountains and waterfalls are shut offfrom 9:00 pm to 9:00 am.
c. All path lights between the parking area and the main building are 12 volt,
20 watt maximum, with the fixtures as shown in the application, and motion activated.
d. All lights on the handicap ramp are 12 volt, 5 watt, approximately 18
inches high, and motion activated.
e.
activated.
All lights illuminating the parking area are directed downward and motion
f The light over the entry on the north side of the carriage house is directed
downward and motion activated.
All other external lighting must be maintained at the lowest wattage feasible and
extinguished at 9:00 pm. The two (2) lights on the front porch of the B & B, as well as
the lamppost light at the front steps to the B & B, may remain on.
~~ ~mdrL
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v
. Memo
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director
June 10, 2004
Appeal of Planning Commission's Approval of Modification to Lighting
Plan for Rivertown Bed and Breakfast. Case No. V/04-39.
This item was reviewed by the Heritage Preservation Commission on May 3, 2004 and
Planning Commission on May 10, 2004. Both bodies approved the request as
conditioned and shown in the attached plan.
The Planning Commission's decision was appealed by Paul E. and S. Judith Lacy and
scheduled for this public hearing of appeal.
The attached lighting plan shows the plan approved by the Planning Commission.
'.
Attachment: application, Planning Commission staff report and minutes, May 10,
2004.
Recommendation: Decision on appeal
.
'"
,
'V
Paul and Judith Lacy
318 West Olive Street
Stillwater, Minnesota 55082
.
May 18, 2004
VIA HAND DELIVERY
Mr. Steve Russell
Community Development Director
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
Re: Appeal of the Planning Commission actions of May 10,2004 with respect to Case
No. SUP04-39, and decisions of the Community Development Director, all with respect
to the Rivertown Inn, 306 West Olive Street
Dear Mr. Russell:
Our appeal is directed toward the decision of the Planning Commission with
respect to application number SUP/04-39, and the decisions of the Community
Development Director with respect to violations of the Special Use Permits issued to the
Rivertown Inn, and reported to the City. .
The Rivertown Inn has never come into compliance with the terms of the existing
Special Use Permits that are supposed to regulate the activities at the Inn. It has only
been two months since the last amendments were put in place, and those, too, have been
flagrantly ignored.
Now, the Andersons seek to have even those requirements erased.
Our appeal is based in part upon the need to have the City hold the Inn
accountable for its violations, not rewarded again for ignoring the conditions agreed to.
There needs to be a system, going forward, by which the Inn is required to notify the
neighbors of any changes.sought. The Planning Commission and Community
Development Director have only acquiesced to whatever was demanded by the Inn, and
never held the Inn to the prior terms. Presently, the Inn seeks to have an unfettered
ability to light up the exterior ofthe Inn at all times, through Case No. SUP04-39.
Sincerely,
;. UftIiA )fwlJvtcy
S. J~ Murphie Lacy {I
.
~~
Paul E. Lacy
~
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PLANNING APPLICATION REVIEW FORM
CASE NO. SUP/04-39
Planning Commission Date: May 10, 2004
Project Location: 305 West Olive Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicants Name: Ed Hawksford representing Julie and Jeff Anderson - The
Rivertown Inn
Type of Application: Amendment to Special Use Permit
Project Description: The applicant is requesting an amendment to one of the
conditions of approval that was presented at the 2/12/04 Planning Commission meeting
(Zoning Permit attached). The condition of approval the applicant is referring to is
Condition 16. The condition states:
16. All external lighting must be maintained at the lowest wattage feasible
and extinguished at 9:00 p.m. The two (2) lights on the front porch of
the B & B, as well as the lamppost light at the front steps of the B & B
may remain on.
Due to a complaint from a neighbor and concern for the safety of the guests, the
applicants are revising their lighting plan. The new plan eliminates the three tall
Victorian-style post lamps. The lights proposed are eight, downlit low-voltage fixtures
that would light the paved walkway from the parking area to the front entrance of the
Inn. Plantings around the light fixtures will partially obscure them. (A copy of the
fixture is attached). Additionally, the approved plan called for two lights on the grapery
structure. The grapery is between the parking and the Inn. This has been a concern
to the neighbor. The applicants have reduced the number to one. The light will be
concealed within the roof. There will also be four pathway lights for the handicapped-
accessible room in the carriage house. They will be on a motion detector sensor. In
close proximity to the sidewalk, inside the grapery, is a fountain. It is lit with a low
voltage light bulb. It helps light the sidewalk in that area. If it is not used, another
light fixture will be needed for the walkway.
There is a light on the east side of the carriage house, used by the guests and the
innkeeper, who resides on the first floor of the carriage house. This light is out of view
of the neighbor. It also provides adequate light for the parking area.
Recommendation: Approval as conditioned.
'"
Conditions of Approval:
1. All revisions to the approved plan shall be reviewed and approved by the Heritage
Preservation Commission.
2. Number 16 of SUP/04-02 shall be state: All external lighting will be maintained at
the lowest wattage feasible to allow guests safe access from the parking area to the
front entrance of the Inn. Additionally, approved lighting may remain on to
adequately illuminate the carriage house entrances.
3. A color schematic drawing shall be submitted showing proposed lighting.
4. The attached lighting fixture type shown as a part of the application is incorporated
in the plan approval 12 volt 40 watt and 12 volt and 7 watt.
Findings: The proposed use will not be injurious to the neighborhood or otherwise
detrimental to the public welfare and will be in harmony with the general purpose of
the zoning ordinance.
.
Attachments: Application form, letters from the applicant, 12/26/02 Zoning Use
Permit, lighting plan and light fixture cut
HPC Action: 5/3/04 Design approval +6-0
CPC Action on 5/10/04: +8-0 approval with added conditions of approval
No.3 and 4.
.
.
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FROM: RIVERTOWN INN BED AND BREAKFAST
TO: CITY OF STILLWATER PLANNING COMMISSION
1u1ie and Jeff Anderson
EDWARD C. HAwKSFORD
Designer
RE: CONDITION 16 OF SPECIAL USE PERMIT for RIVERTOWN INN
REVISED LIGHTING PLAN FOR RIVERTOWN INN
DATE: April 23, 2004
Condition 16 of the Rivertown Inn Special Use Permit currently states as follows:
All external lighting must be maintained at the lowest wattage feasible and be
extinguished at 9pm. The two lights on the front porch of the B &B, as well as the
light at the front steps to the B & B may remain on.
.
Due to a neighbor complaint, as well as our concern for the safety our guests, we. are
proposing a revised lighting plan, in addition to a modification of the above Condition 16
of our Special Use Permit.
Rivertown Inn previously presented the Planning Commission with a lighting plan. It was
approved as presented. Our lighting is due to be installed in May, 2004. Since the
approval of the original plan the City has received numerous complaints from the
aforementioned neighbor about the number of existing lights, the location of those lights,
the length of time the lights are left on, and the intensity of the lights. In an effort to
accommodate this neighbor, we are proposing an alternative lighting plan.
The new plan eliminates three tall Victorian-style post lamps in favor of a down-light
low-voltage system consisting of eight small lights, which will exclusively light the
paved sidewalk: from the parking area to the front entrance of the Inn; Plantings around
this low-voltage system will partially obscure it. A photocopy of the lights is attached, as
well as a copy of the proposed plan. This approach to lighting the sidewalk is much less
intrusive than the post lights may have been. Additionally, the previous plan featured two
lights on the grapery structure. (The grapery is a structure between the parking area and
the inn). As this has been another source of concern for our neighbor, we have reduced
the number of lights on this structure to one. This light is concealed within the ceiling of
the Structure. New to this plan, but entirely out of view from the neighbor, are four
pathway lights for the handicapped-accessible room in the carriage house. These are on a
motion-detector sensor.
.
"
\.
City of Stillwater Planning Commission
April 23, 2004
Page 2
.
REGARDING CONDITION 16 OF TIlE SPECIALUSKPERMIT.Wefeeithat it is
unsafe and unreasonable, if not a violation of law, to extinguish path lighting, carriage
house access and parking area lighting by 9pm, when we know that guests frequently are
using all of these areas for access. If it is not a violation of law, it is extremely negligent,
and if the city were to not allow lighting in areas of access, we would expect
indemnification from them. As responsible business owners we must provide a properly
lit access for our guests from their car to the front entrance of the inn, at all times of the
day or night. Guests of our inn typically arrive mid-afternoon, and come and go
downtown to shop or have dinner. Driving into a dark parking area and walking a dark or
poorly illuminated winding sidewalk approximately 80 feet long upon their return is
clearly unsafe. Our insurance carrier requires all walkways at the inn be "adequately
illuminated."
In close proximity to the sidewalk, immediately inside the grapery, is a large fountain. It
is currently illuminated with the lowest available bulb. This low light on this structure
provides light around the entrance to the sidewalk, and is incorporated into our lighting
plan as a safety light, eliminating the need for a low voltage light in that space. If we do
not light the fountain, another light will be needed in its place.
The light on the east side of the carriage house is out of view of our neighbor. This light
illuminates this entrance for our guests to the two guest rooms inside, as well as the
residence of our innkeeper, Lisa Lothson, who resides on the first floor of the carriage
house. This single light provides adequate exterior lighting for the parking area, our
innkeeper, and our guests.
.
In conclusion, Rivertown Inn respectfully requests the approval of the attached revised
lighting plan which we believe gives genuine compromise on this issue. Out of
consideration and respect for our neighbors, as well as the safety of our guests, we
believe it is the best solution. Additionally we request the wording of condition 16 to
read as follows:
All external lighting will be maintained at the lowest wattage feasible to allow guests
safe access from the parking area to the front entrance of the Inn. Additionally,
approved lighting' may remain on to adequately illuminate the carriage house
entrances.
Thank you.
Julie and Jeff Anderson
.
..... ..,."
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CITY OF STILLWATER
Case No.: SUP/04-02
Permit Fee: $500
Date Fee Paid: 12/26/04
ZONING USE PERMIT
Certificate of Compliance
Sign
Rezoning
Va ria'nee
. -. ... .
:'CclI1ditional Use Amended.:
. . .
. .
. X .. .Specfal Use Permii. "
Planned Unit Development
Grading
Other
Applicant: Jeff and Julie Anderson
Project Address: 306 West Olive Street
City/State/Zip Code: Stillwater tAN 55082
Property Description: 28-030-20-42-0131
Zone District: RB-Two Family Residential District
Permitted Use: A modification to a bed' and breakfast special use permit for the relocation of two
guest rooms from the main house to the carriage house and for special events.
Conditions of Approval. '. .
1. . A maximum of two special eventS (defined as business meetings, bus tours, bridal and
wedding showers, anniversaries, weddings and wedding receptions, and church functions)
allowed per calendar month.
2. All special event visitors shall park on site or on the Bed and Breakfast side of the street
boarding the property and not impact local streets.
3. Limit of groups: 38 people, 18 guests staying and Bed and Breakfast and 18 others maximum.
4. Food must be prepared in a Washington County Health Department,approved kitchen.
5. All special events shall be over by 9:00 pm.
6. No open bar on premises for special events. Champagne or wine is allowed on a two.
person/one bottle limit.
7. All special events shall be held indoors.
8. Th~s p~rmit shall be. reviewed upon complaint. .. . '. . . . .
9'. . The man'ager' or owners of the' prope.rty shall live on site and be onsite during all special
.' events. .'
10. This use is not transferable to a new owner.
11. Impervious surface shall not exceed 40 percent (40%).
12. The applicants are permitted to move 2 guest rooms from the main house to the carriage
house, as set forth in the plans submitted. In addition, any venting for carriage house will be
on the cast side of the carriage house or on the east face of the roof of the carriage house
and directed away from the property to the west.
13. The venting for the water heater In the main house will be removed from Its current location
This variance is granted pursuant to the zOiling ordinance and is not a substitute for a building permit. A building permit is
issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge.
This variance will be null and void if the project that is permitted by this variance is not completed within two years from the
date the permit is granted. .
. .
. .:- " .........;:..
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----
..
16.
and relocated so that it vents on the north side of the office in the main house and into the
parking lot. This is to be done within sixty days of the City Council granting the permit which is
February 17, 2004.
The applicants are permitted two (2) special events per calendar month. All events shall ~r
no more than 18 guests and 18 other attendees. All special events are to be over by 9:0~
p.m.
. The applicants must provide '.aqL!a'rl:erly summary()f the events held at the B.:& B within 15: ..
days. of the end of each calendar quarter Jor review by the Community D~velopment ,DirectoL
Those reports must include the dates and times of the events, the number of attendees, a
description of the events and a summary of each complaint registered by any neighbor during
each report period.
All external lighting must be maintained at the lowest wattage feasible and extinguished at 9:00
p.m. The two (2) lights on the front porch of the B & B, as well as the lamppost light at the
front stops to the B & B, may remain on. . .
14.
'. ~5.
..
We accept the conditions of this permit.
resubmitted for approval.
d1~~ ~
Owner or Representative
We understand that any changes from these plans must be
~ #[. --
~ comm~ni~ Development Director
. 7I,/oc.f
. ..
Date
2/ZJ-(OY
Date
!his variance is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building pennie
tssued by the 'ty bOld' ffi . . . .
, . CI. Ut mg 0 ctal after approval of the plans and payment of the buddmg pertmt fee and state surcharge.
ThIs vanance wIll be null and void if the project that is pennitted by this variance is not completed within two years from the
date the permit is granted.
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· Memo
To:
From:
Date:
Subject:
Mayor and City Council ^ /
Steve Russell, Community Development Director I v
June 9, 2004
Consideration of Planning Commission Recommendation Regarding
Land Use and Rezoning for Land South of Orleans and East of Osgood
Background. This item was scheduled for your meeting of June 1, 2004 and continued
to this meeting at the request of HSI.
Staff report with Planning Commission recommendation attached.
.
.
.
.
.
'; l
~
MEMORANDUM
To:
From:
Date:
Subject:
Mayor and City Council
Steve Russell, Community Development Director JC--
May 26, 2004
land Use Recommendation for City land South of Orleans and East of
Osgood
Background. On May 5, 2004, the City Council referred a request for rezoning to the
Planning Commission for review of the Comprehensive Plan and proposed land use in the
area (Case No. ZAM/04-01).
On May 17, 2004, the Planning Commission held a special meeting to review the
Comprehensive Plan and proposed land use for the study area (Planning Commission staff
report attached). The Commission reviewed existing land use, zoning and proposed land use
in the study area that includes portions of Oak Park Heights and Stillwater.
New information regarding the HSI request was provided by the City Attorney. According to
the attached memo, the need to change zoning for the HSI site to accommodate an apartment
building has been preempted by the state per Minnesota Statute 462.357, Subd. 7, which
provides a residential facility serving six or fewer persons registered within the state are
considered a permitted use in the RA, Single Family District. The HSI parcel is zoned RA, .
Single Family.
Currently, lands located south of Orleans and north of North 62nd Street in the City of
Stillwater are designated Elementary School (ES) according to the proposed land use plan of
the Comprehensive Plan. City lands south of North 62nd Street between Paris and Oxboro are
designated Administrative Office (A/O). The current zoning for the A/O lands is RA, Single
Family. The Planning Commission felt that the zoning should be brought into conformity with
the proposed land use for the county government center area. An enclosed letter from
Washington County supports that request.
Regarding the HSI site, the Commission felt that the single family zoning designation was
appropriate and accommodates the elementary school proposed land use map designation.
They felt this designation was consistent with the existing land uses in the area and the land .'
use policy to maintain and conserve the single family residential character of the area in the
Stillwater and Oak Park Heights Comprehensive Plans.
Recommendation:
1. No zoning or land use change for HSI site (maintain in single family land use/zoning).
2. Rezone area bounded by Paris, Oxboro and North 62nd Street to PA, Professional
Administration.
Attachments: Minutes and staff report CPC, May 17, 2004
L~ ~ ,~ J\)l
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vt
.
1
.
. Memo
. '",-.
To:' .
From:
Date:
Subject:
Planning'Commissiori J!I /
Steve Russell, Community Development Director 61../"
May 14, 2004
Comprehensive Plan Review of East Orleans, Panama Avenue North
Area
.
Background: A zoning map amendment changing the zoning designation of two acres
of land from Single Family, RA, to Public Administration Office, PA, was considered by
the City Council on May 4, 2004. The amendment was recommended against by the
Planning Commission on April 12, 2004.
In considering the amendment and hearing public testimony, the Council felt that the
request could benefit from a more detailed area-wide land use review of conditions that
may have changed or were considered adequately when the Comprehensive Plan was
adopted in 1995. .
This item appeared pn the Planning Commission May-lO-04 regular meeting agenda
but was continued to this date due to a heavy current planning case load.
Comprehensive Plan Review. The study area is shown on the attached map. It is
bounded by Osgood/South Fourth, East Marsh/East St. Louis and Hwy 36 and includes
portions of Stillwater and Oak Park Heights. The review of this area is a mini-
comprehensive plan review. Existing land use is considered along with comprehensive
plan policies that relate particularly to the study area. The existing comprehensive plan
land use designations are then considered to see if they implement comprehensive plan
policies.
. .
Existing Land Use. Map A shows existing land use in the study area. The broader
area provides a context for the more specific Orleans/Panama area.
The City portion of the study area north of Orleans is primarily single family residential
with the exception of the Old Athletic Field. The residences are on small and larger
lots. South of Orleans and east of Panama to 62nd Street North and east to Paris is
residential (in Oak Park Heights). The residential areas are primarily single family with
.
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scattered 2nd unit or duplex use. South of Orleans and west of Panama/Paris the land
. use is a mix of commercial, public/institutional and multifamily residential uses.
Starting from the Orleans and Panama corner heading west along East Orleans is office
use, then. residential, a church and a funeral home. Heading south from t~at corn~ris
office,school, church and government center. Three major multifamily developments
are located between Oxboro Avenue North and Osgood Avenue ,North. The existing
land use for the area southwest of East Orleans and Panama/Paris is mixed use. The
areas to the east and north of Orleans and Panama is primarily single family residential
with some duplex and multifamily.
Existing Comprehensive Plan Policies.
Listed below are policies from the Comprehensive Plan.
Community Character (Comprehensive Plan Page 2-1)
Goal 1: Strengthen Stillwater Unique Character.
Policy 17: Support neighborhood groups interest in neighborhood design and
existing uses.
.
Land Use (Comprehensive Plan Page 3-1)
Goal 2: Use land use map as the overall land use policy statement by designating
residential, commercial and par and open space lands with adequate access and
buffering from adjacent uses.
Policy 9: Support infill multifamily residential development in locations accessible to
public transportation and community services and facilities.
Definition: Small lot sinale familv - up to four dwelling units per acre. This is
Stillwater's older typical residential density similar to residential areas developed in
the 1950s.
Transportation (Comprehensive Plan Page 6-1) .
.. Third and Fourth Streets are designated collectors. All other streets in the study .
area are local streets. '
Housing (Comprehensive Plan Page 6-1)
1. Provide a quality living environment for the citizens of Stillwater by maintaining
and improving the City's existing housing stock and by planning for a range of
new housing opportunities.
2. Provide a choice of housing types and densities suitable to meet the needs of the
young, locally employed and elderly through zoning and land use planning.
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Page 2 of 4
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3. Use the land use map to designate residential sites appropriately located for a
range of housing densities.
Objectives:
. Maintain th~ city housing stock ..
. Provide housing opportunities for all economic groups
Provide a range of housing types and tenures
Locate multifamily and attached housing close to community services and public
parks.
Residential Character/Housing Conditions
Objectives: Maintain the mix of housing types and tenures in Stillwater's older
residential areas.
Retain the unique and/or historic character of existing residential areas.
Special Housing Needs.
Support the provision of a supply of affordable housing for the elderly, physically
and mentally handicapped and others with special housing needs who wish to live in
Stillwater.
.
Develop housing for a range of household incomes and age levels where local
services are available
Local Economy (Comprehensive Plan Page 7-1)
No policies directly apply.
Parks, Riverfront and Trails (Comprehensive Plan Page 8-1)
No poliCies directly apply
Historic Resources (Comprehensive Plan Page 9-1)
Goal 1: Safeguard the heritage of the City by preserving historic.properties
(neighborhoods) which reflect Stillwater's cultural, social, economic, political
aesthetic or architectural history.
Objectives: Preserve and protect residential historic properties, including buildings,
sites, structures and districts.
Public Facilities and Services (Page Comprehensive Plan 10-1)
No poliCies directly apply.
Fiscal Impact (Comprehensive Plan Page 11-1)
No policies directly apply.
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Page 3 of 4
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The City of Stillwater, Oak Park Heights boundaries are show on Map B. The boundary
is irregular with Oak Park Heights areas generally over the east and southwest portions
of the study area and the City of Stillwater boundary through the middle of the study
area.
.
- - -
Existing zoning for the area is shown' on Map -C..1.' For the' City 'of Stillw~ter area, the _-
area north of East Orleans is designated Duplex Residential, RB, while the area south of
East Orleans is designated Single Family, RA.
For Oak Park Heights the lands east of Panama are R-2, and land west of Ozark, R-1.
The neighborhoods and zoning designations for the areas north and east of East
Orleans and Panama area similar RB or R-2 (Map C-2).
Comprehensive Plan Land Use. The proposed land use map of the Comprehensive
Plan designates the area in the City of Stillwater north of East Orleans small lot single
family, SLSF, and the area south of East Orleans, Elementary School, ES, (East Orleans
to 62nd Street North) and Administrative Office, AP, (62nd Street to Hwy 36). A site
along Osgood is designated multifamily (see Map 0-1).
For Oak Park Heights, the land use designation is low density residential (Map 0-2).
Zoning and land use policies should be consistent.
Consideration for PI-anning Commission Review.
'fhe Planning Commission can consider existing land use, existing Comprehensive Plan
policies and the proposed land use plan designation.
At meeting time, besides land use (policy and designations), the relationship between
land use and zoning district requirements can be discussed as it relates to the rezoning
application before the City Council.
From this review, the Planning Commission can provide direction for further study,
maintenance of current land use policy or change of policy.
NOTE: Please review attached memo .from.the City Attorney regarding Fair Housing.
.
Page 4 of 4
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-
p~
May 4, 2004
City Council Meeting - 04-10
Approval of waiver of garbage and collection charges for application 2004-01 through
2004-04 .
Resolution 2004-91, approving revised contract with Johnson Controls, Inc. for
preventive maintenance agreement at the Public Works facility
,Resolution 2004-92, approving Minnesota premises permit for gambling for Bayport ,
American legion Post 491 ,'located at S1. Croix Crab House, 317 South Main Street,
Stillwater, MN "
Possible approval of purchase of Canon Scanner for document imaging system
Possible approval of four Dell computers for Building Inspection and Public Works
Resolution 2004-93, approval of 2004 agreement with Valley Cruisers for maintenance
of KQlliner Park
~BLlC HEARIN~
f). ZAM/04-01. This is the date and time for a p'll')liQ he.~rina tc:> consider a reauest from
Robert Bt)tler. reorec:pntina Human Servi"p'~ 'n~.. (HSn: fc:>r ~ zoning mao amendment located
at 375 Orl~~ns Street chanaina zoning from RA. ,!=;inale Family Di~t,riGt t,Q PA. Public
Administration.
.
.
Community Development Director Russell stated that the Planning Commission heard
this item on April 12, 2004. He stated that the request was accompanied by a request
for approval for a six-unit apartment building on the south portion of the site requested
for rezoning. He also stated that the residential portion of the submittal (Planned Unit
Development) was continued by the Plannirig Commission to their meeting of May 10,
2004 (until the Council's decision on their zoning recommendation). He stated that the
Commission reviewed the request for the two-acre rezoning which a portion of the two-
acre site (residence) is located in Oak Park Heights and that the existing 7,400 square
foot HSI office building currently is located on the site. He explained that the existing
HSI use replaced the previous Stillwater Clinic use of the site and was approved with a
special use permit in 1992. The rezoning to Public Administrative (PA) would allow
multifamily residential use with a special use permit (PA regulations attached). He
stated that comments from the Commission and audience expressed concern for
maintaining the single-family residential character of the area and the Planning
Commission recommended denial of the request on a 7-1 vote.
Mayor Kimble opened the public hearing.
Robert Butler, representing Human Services, Inc., addressed Council in support of the
request. He stated that the PA designation is consistent with the current use as well as
its past use. The requested rezoning is necessary to bring the zoning map into
consistency with Stillwater's Comprehensive Plan, which identifies the site as PA.
Matthew Pasche, 64th St. N., directly across the street from HSI, stated he is against the
proposal and does not see how the project would benefit his neighborhood.
Tina Fuerstenburg, 15015 56th St. N., has the same concerns that Matt Pasche has and
is against the proposal.
.
..
Page 5 of 13
. .
City Council Meeting - 04-10
May 4, 2004
.
James Marsden, 1346 S. 1st St., is against the proposal. He suggested that if HSI is
growing, perhaps they should move to a different location and turn the property into
residential.
.. .
Kathy lee, 1503356th St. N'J stated that in general she isin favor.of helping peoplein
need, but has concerns about the occupants of the proposed housing. Mayor Kimble
explained that, by law, the Council is prohibited from considering any testimony that
refers to the occupants of the housing.
Carol Journey, a resident of 65th 51. N., stated that she is a teacher, and asked if the
principal or parents of the students at Oak Park Elementary have been notified of this
proposal. She has concerns because so many of those students walk to school. Mayor
Kimble reiterated that this public hearing is regarding only the rezoning request. Ms.
Journey stated that she wants to go on the record as being against the project.
Lowell SChmoekel, 1343 1st St. 5., is against the project. He is concerned about what
will happen in the future if HSI keeps growing. He would like to keep the area
residential.
.
Tim Axel, 6440 Ozark Ave. N., is totally against this project, with safety being one
concern. The proposed parking lot will be on the corner that is utilized by the children
who walk to school. He does not believe this isa good fit for the neighborhood. He also
added that HSI has been a good neighbor
JoAnn Kohl, lives on 64th St. in Oak Park Heights, stated her opposition to the project.
She finds it puzzling that the Council would want to enlarge a commercial area in the
middle of a neighborhood. She urged the Council to keep it residential. She stated that
the Stillwater Clinic was a good neighbor but when they got too large, they moved to a
different location.
e
David Seim, 15044 N. 64th St., asked the Council to deny the request.
Dave Tranes, 6399 Panama Avenue, appreciates the work that HSI does but is
concerned about parking, traffic, etc. He asked that the Council reject the rezoning
request, and urged Mr. Butler to look for another location that might be more
appropriate for what they have in mind.
Dave Snyder, attorney for HSI, presented a summary of a study done by Maxfield
Research Inc., that there is no empirical data that supports the notion that there is a
reduction in property values as a result of affordable housing. He appreciates the
comments from the neighbors and will continue to communicate with them.
LuAnn Marsden, 13461st St. 5., is opposed to the project.
Mayor Kimble closed the publiC hearing. Council took a short recess and reconvened.
...
Page 6 of 13
City Council Meeting - 04-10
May 4, 2004
.
Councilmember Rheinberger stated that he is in favor of the rezoning.
Council member Junker stated that he feels the PA designation encroaches too far into
the residential area.
. . .
Councilmeniber Kriesel stated that he feels the Comprehensive PJanwas developed"
with a purpose and intent and he would have a hard time deviating from the purpose of
the Compo Plan. He suggested that the Council review the Compo Plan for this
particular area.
Motion by Councilmember Kriesel, seconded by Council member Junker to review the
Comprehensive Plan in regard to the current rezoning request at 375 Orleans Street.
All in favor.
Motion by Council member Rheinberger, seconded by Council member Kriesel to extend the
zoning map amendment application for 60 days, to July 26, 2004, in order to give Council an
opportunity to review the Comprehensive Plan. All in favor.
Motion by Council member Kriesel, seconded by Councilmember Rheinberger to direct the
Planning Commission to review the Comprehensive Plan at their June meeting. All in favor.
UNFINISHED BUSINESS
.
Possible s~cond reading of an ordinance amendina fence regulations rt7l~tina to oools. .
City Administrator Hansen explained that Council had previously approved a first
reading of an ordinance amending fence regulations relating to. pools, which would
provide for child protection devices in lieu of fencing. Since that time, staff has had an
opportunity to review the item and recommends that the ordinance remain unchanged
until adequate child protection devices become available.
Motion by Councilmember Rheinberger, seconded by Council member Kriesel to keep the
current ordinance relating to fence regulations for pools.
Aye.s: Council members. Kriesel, Milbrandt, Rheinbergerj and Junker
Nays: Mayor Kimble
Reauest for fundina for sprinkler sv~tem for Hi~tQric Rock Garden
Motion by Council member Rheinberger to approve the expenditure of $6,000 for a sprinkler
system. Motion died for lack of second.
Motion by Council member Milbrandt, seconded by Councilmember Junker to approve the
original matChing grant money of $3,000 and encouraged the Perennial Garden Club of
Stillwater, Trillium Chapter to continue to apply for grants. All in favor.
.
...
Page 7 of 13
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e
05/14/04
12:04
MAGNUSON LAW FIRM ~ ENG I NEER I NG
NO. 440 [;101
'!
MAGNUSONLA\vFlRM
LICENSED IN MINNESOTA AND WISCONSIN
THz 05SCH OFflCE BUILOING
333 NOll.rn MAIN STREET . SU1TP#202. P.O. BOX 438 . STn.LWATan.MNSS082
TELEPHONll: (6'H439-9464 . F,I,X: (651)439-.5641
DAVlD T. MAGNUSON .
. l'rtAnGARET M. MVRPHY
MEMORANDUM
TO:
Steve Russell, City Planner
Planning Commission
City Council
FROM:
David T. Magnuson
DATE:
May 14, 2004
RE:
HS! Requests Fair HOllsing Act Implications
The Fair Housing Act (FHA) was created as part of TitleS of the Civil Rights Act of
1968. Originally, the protected classes envisioned by the Civil Rights Act were race, color,
religion and national origin. In 1974, the F1lA was amended to include ge)lder, and in 1988
amended again to extend protection against discrimination based upon disability or family status.
It is the disabled who are the protected class that HSI seeks to assist.
aSI does not claim violation of the "disparate treatment roles" established by FHA, nor
do they argue that the City's polioies have a disparate impact protected people. The argument
. I
made by HSI and Mr. Snyder is tbat a refusal to rezone their property wouid be a refusal "to
make reasonable accommodations in roles, policies, practices or services, when sucb
accommodations may be necessary to afford such person equal opportunity to use and enjoy a
dwelling."1
, North Shore Chicago Rehabilitation. Tnc. v. Village ofSkokle. 812 F.Supp. (N.D. Ill. 1993).
...
. .
.
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e
05/14/04 12:04
MAGNUSON LAW FIRM ~ ENGINEERING
NO. 440
[;102
Courts have said, however) that the reasonable accQmmodation reqpirement does not
create an obligation to do everything humanly possible to accommodate a disabled person2 and
that an accommodation is unreasonable if it either imposes undue fmancial and ac1IDinistrative
burdens or requires a fundamental altercation in the nature of a program Uincluding a land use
program. ,,3
The law, however, has left communities with some discretion. At least one court has said
that the Federal Housing Act does not permit disabled persons to circumvent a zoning variance,4
or does not require that a city without discretion enact a rezoning. 5
In the Smith & Lee case, a corporation that operated a group home existed under a
Michigan law that allowed 6 or fewer residents in a residential zone. They asked the City of
Taylor, Michigan to rezone their site to Multi-Family Residential District so that the home could
accommodate 12 residents. The City Planning Consultant recommended denial because the .
Multi-Family zoning would be inconsistent with the established zoning pattern of the
neighborhood) would allow for land uses incompatible with the Single Family Residential
character of the area, and would be inconsistent with the City of Taylor's Comprehensive Plan.
The public bearing produced no objections from the neighborhood residents, but the city council
denied their rezoning request.
The 6th Circuit, however, found that the rezoning requirement was rationale and
necessary, rather than evidence of discriminatio'n. The 6th Circuit also 'said that it was unaware
of any case in which the court in the 6th Circuit had required to rezone property.
2 u.s. 1I. Village of Palantin,. 37 F3d 1320. 1324 (7th eir. 1994).
J Erdman v. City ofFt. Atkinson, 84 P.3d 960, 962 (7th Cir. 1996).
4 Robinson v. Cit)! ofF7iendswood, 890 F.2nd 616 (SD Telt. 1995).
5 Smith & Lee Associates v. City D/Taylor, 13 F.3rd 1920 (6th Cir. 1993).
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MAGNUSON LAW FIRM 7 ENGINEERING
NO. 440 [;J03
12:04
It is important, therefore, that tbe Comprehensive Plan be clarified and ,any ambiguities or
i
misunderstandings in the Plan resolved Ultimately, it is the COu11'1"hensive Plan that must
. contain the basis for the zoning classification. .
This state policy is furthered in the metropolitan area by reason of the Metropolitan Land
Planning Act. Minn. Stat. ~473.86S and a part of the Metropolitan Land Planning Act mandates
that a city "shall not adopt any zoning ordinance which is in conflict with its comprehensive
i
plan." Further, Justice Amdahl of the Minnesota Supreme Court, in the case cif Adcam v. City.of
Eagan, mentioned this statute and although he did not hold that the comprehensive plan was
more than advisory, he held that uenacting a zoning ordinance in direct conflict with the
comprehensive plan is at least strong evidence of arbitrary action."
In summary, the Planning Commission should be free to examine the Comprehensive
Plan and to clarify the guiding of the HSl property. The questionsho'Uld not be whether the site
will be used to house people of a protected class under tbe FHA, but rather, should this area be
guided by the plan to facilitate the construction of multi-family homes. Wbatever decision is
made by the Planning Commission and City Council. with regard to the Co~prehensive Plan,
will ultimately detennine whether the City has any reasonable basis to deny HSI's request for
rezoning,
Respectfully,
Inm
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D~T~
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MAGNUSON LAw FmM
LICENSED IN MINNESOTA AND WISCONSIN
.
THE DESCH OFFICE BUILDING
333 NORTH MAIN STREET . SUlTE#202 . P.O. Box 438 . Srn.LWATER,MN55082
TELEPHONE: (651)439-9464 . FAX: (651)439-5641
DAVIDT.MAGNUSON
MARGARET M. MURPHY
MEMORANDUM
TO:
Steve Russell, Planning Commission
City Council
Staff
FROM:
David T. Magnuson
DATE:
May 17,2004
RE:
HSI Application
On Friday, May 14, 2004, Mr. Snyd.er delivered a legal brief to my office, setting forth.
. his understanding of the Federal Fair Housing Act. Included in that information was notice that
HSI is finalizing the registration of this project under Minn. Stat. ~462.357, subd. 7, and that the
registration is expected to be completed shortly.
This is an extremely important revelation. Minn. Stat. ~362.357, subd. 7, provides in
part,
"that a state licensed residential facility or a housing with services establishment
registered under 144D serving 6 or fewer persons... shall be considered a
permitted single family residential use of property for the purposes' of zoning,
unless the facility is primarily for the purpose of treating juveniles who have
violated criminal statutes relating to sex offenses in which case it shall not be
considered a permitted use." .
This means that since the HSI proposal is for 5 residents plus an administrator, it falls within this
statute and is a permitted use by law. In other words, the City has no discretion with regard to
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- W~hington
'- -County
,.--~
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Dennis C. Hegberg
District 1
Bill Pulkrabek
District 2
Nile L Kriesel
District 3
Myra Peterson, Vice Chair
District 4
R.H. Stafford, Chair
District 5
Board of Commissioners
May 25, 2004
Mayor Jay Kimble
City of Stillwater
216 North 4th Street
Stillwater MN 55082
Dear Mayor Kimble:
The Washington County Board of Commissioners supports the City of Stillwater's proposal to rezone
the Washington County Government Center campus from the RA, Single Family Residential District
to P A, Public Administrative Office District. This zoning designation reflects the existing public uses
of our campus site where various programs and services are provided to the residents of Washington
County. Further, this rezoning is consistent with the land use objectives of the Stillwater
Comprehensive Plan to "implement the land use. plan by zoning lands consistent with the land use
. plan designations". .
Washington County looks forward to working with the City of Stillwater in our long-range campus
planning. This coordinated effort meets the public facilities and services goal of the Stillwater
Comprehensive Plan and allows Washington County to serve our countywide population.
sm~ /Jo;jzt//J
R/.I~tafforj{ Chair ,/",j
Washington County oard of Commissioners
c Washington Board of Commissioners
Jim Schug, County Administrator
L~ Hansen, Administrator, City of Stillwater .
~eve Russell, Stillwater Community Development Director
Don Wisniewski, Director of Transportation and Physical Development
Government Center. 14949 62nd Street North - P.O. Box 6, Stillwater. Minnesota 55082-0006
Phone: 651-430-6001 . Fax: 651-439-6017 . 11Y: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity I Affirmative Action
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City of Stillwater
Planning Commission
Special MeetingIW orkshop May 17, 2004
Present: Robert Gag, chair, Mike Dahlquist, David Junker, Dave Middleton, David P(::roceschi,
Karl Ranum, .Paul Teske, JerrY Turnquist and Darwin Wald .
Others: Community Development Director Steve Russell
Mr. Gag called the meeting to order at 6:35 p.m.
Review of nos~ibl~ G0!llprehensive Plan/zonin~ amendment for the southeast auadrant of the, '
citv of Stillwater.
The discussion was precipitated by Human Services Inc.'s request to construct a six-unit housing
with services facility and future expansion of its current clinic/office building on property it
owns at 375 Orleans St. Mr. Russell informed Commission members that since the May 10
meeting, City Attorney David Magnuson has determined that according to Minnesota statute,
state licensed residential facilities or housing with services of six units or fewer, such as the
proposed HSI facility, are a permitted use in the RI, residential, district, and the city is
preempted from any discretionary review ofthe project.
.
Mr. Russell noted that the Comp Plan/zoning study area is larger than the specific Human
Services site. The area includes . land in both Stillwater and Oak Park Heights. Mr. Russell said
staff conducted a survey of the existing land use in the study area. He reviewed the survey
findings. Most of the area is zoned residential in both Stillwater and Oak Park Heights. The
survey indicated that most existing uses are consistent with the zoning and Comprehensive Plan.
The one exception is the County Government Center property, Mr. Russell said. The
Government Center is designated Office/Administration in the Comp Plan, but is zoned RA,
single family residential. Mr. Russell suggested that zoning ofthat property should be changed to
P A, Public Administration, either at this time or at some point in the future. He noted that the
County has purchased six parcels in Oak Park Heights for expansion of the parking lot and
suggested that if rezoned, there should be some flexibility to allow for future growth of the
County office use. He suggested North 62nd Street is a logical boundary for zoning purposes.
Mr. Russell said he also reviewed the Comprehensive Plan policies -:- character of the
neighborhood, affordable housing, transportation; etc. .;... for consistency with land use. However,'
he said, that is riot so pertinent now that review of HSI's residential facility is no longer on the
table.
Mr. Peroceschi asked about the possibility of the cities of Stillwater and Oak Park Heights
switching some land to eliminate some oddities in city boundaries. Mr. Russell pointed out that
is a political issue and not an issue for the Planning Commission.
.
There was some discussion of the Oak Park Elementary School site, which is designated
elementary school use in the Comprehensive Plan and is zoned RA, a zoning which is
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City of Stillwater
Planning Commission
Special MeetingIW orkshop May 17, 2004
compatible with the existing use. Mr. Gag said the Planning Commission should lookat the
scope of the neigh~0!h06d 20 or 30 yearsfroni now, suggesting that the school useinight be
discontinued at some point in the future. Mr. Gag said he would favor providing residential
opportunities should the use change in the future. Mr. Ranum said expansion of commercial uses
in the area is not his preference; he said he would prefer to retain the residential zoning and limit
commercial uses to the existing legal, non-conforming uses. Mr. Dahlquist pointed out that if the
use changes in the future, it should involve discussions with Oak Park Heights.
Mr. Ranum, seconded by Mr. Turnquist, moved that the Planning Commission recommend to the
City Council that the zoning of the area between Highway 36 and south of North 62nd Street,
between Osgood and Paris Avenue, be changed from RA, Single Family Residential, to P A, .
Public Administration. Motion passed unanimously.
Mr. Ranum, seconded by Mr. Teske, moved to recommend to the City Council that the
remainder of the study area in question remain RA, Single Family Residential. David Schneider,
attorney for HSI, and another property owner asked to address the Commission. Mr. Gag pointed
out the May 17 meeting was intended as a closed workshop session. A public hearing will be
held when the rezoning is considered, he said. Motion to recommend that the existing RA zoning
be retained for the study area north of North 62nd Street passed unanimously,
South Boutwell Area Plan
Mr. Russell noted that the South Boutwell Plan was recommended by the Planning Commission
in July of 2002. The City Council, however, tabled action on the plan and referred the matter
back to the Planning Commission pending consideration of the Deerpath/Brick streets traffic
issue. The Council recently took action on the traffic study, so the land use plan is back on the
table, he said. He noted there are several developers interested in pursing annexation, including
Bruggemann's and another developer that owns the former Schmoeckel property at County Road
12/15.
Mr. Peroceschi expressed his concern about the Council's actions on the traffic study. Mr..
Turnquist agreed that the Council action did not 'deal with the traffic issue, and said it would b~
inappropriate to allow any additional development at this time, as development would a~d to the
existing problem. He pointed out it wilLbe2007 before Washington County upgrades County.
Road 15, and he said he would have a hard time knowingly adding to the existing problem by
allowing early annexation. Mr. Wald noted that is why there are timelines in the plan - phase 4
property north of County Road 12 was not to be annexed/developed before 2010. The timeline
for property in the Phase 4 area is 2015.
Mr. Turnquist also noted it is unclear how the new residential developments on North Main
Street might impact traffic in the area. Mr. Junker spoke of Washington County's position
regarding limited entrances off County Road 15. Mr. Gag asked whether developers could be
required to contribute to funding for traffic lights and other traffic improvements. Mr. Russell
2
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City of Stillwater
Planning Commission
Special MeetingIW orkshopMay 17 t 2004
pointed out that a developer can be required to contribute to fund measures to l!leet County
requirementst such as additional turn lanest but not to solve existing city problems.
Mr. Middleton noted that early annexation is allowed if 100 percent of the property owners
petition for annexation. Mr. Ranum said that is still the case -- owners can petitiont but the
petition might not be approved based on current circumstances.
Mr. Teske agreed with the concern that the city appears to be getting ahead of itself in terms of .
development versus infrastructure. He said he felt annexation/development before 2015 would be
inappropriate.
Mr. Russell brought the discussion to a close by stating he would like to summarize the
Commission's position before referring the land use plan to the City Council. He said he would
incorporate the traffic study actions in his summaryt which will be available for discussion at the
June meeting. Mr. Russell said his sense of the consensus of the Commission is that the group
favors the land use plan but has concerns about annexation before the availability 0 f servicest
including roads. Mr. Middleton asked that it be noted that property owners can petition for early
annexation.
.
Mr. Junkett secondedby Mr. Peroceschi, moved.to adjourn at7:55 p.m.
Respectfully submitted,
Sharon Baker
Recording Secretary
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June 10, 2004
TO: Larry Hansen
City Administrator
FROM: Jessie Meschievitz
Audubon--Upper Mississippi River Campaign
Listed below are agencies or businesses that have expressed an interest in having a display or
booth at the Audubon Ark--Lilly Belle event in Lowell Park on July 10,2004. (1-4 p.m.)
The City of Stillwater has issued a docking permit at the Stillwater Levee in Lowell Park. I have
informed those listed below that additional permits are required by the City.
Blue Honey Folk Music (being brought in by Audubon)
3 musicians
P.A. System wll or 2 speakers
Needs Electricity--grounded heavy duty power cord. They will provide power strips to support
Acoustic guitar, keyboard, vocals (6 electric items which draw miminal wattage).
Contact: Larry May
(w) 228-558]
National Park Service
Information booth - i.e. zebra mussel info
Possible relaying of camcording as divers check for zebra mussels in the area that day.
Would need electricity
Dale Cox, District Interpreter
7] 5-483-3284 x639
Arcola Mills on the St Croix (non-profit)
Arcola Mills info
They have a tent
No Electricity needed
Jill Greenhalgh, Executive Director
Valley Bookseller-Commercial
Would have local author signing books for sale
Contact: Joci Tilsen (owner)
430-3385
Willow River State Park
Friends of the Willow State Park
Small tri-fold display
Contact: Karie Hussey
Wrspnc({V,pressenter.com
Wild Mountain Recreation
(does boat tours and canoe/kayak rentals)
Mostly info
Probably wouldn't have things for sale
Contact: Andy
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II z.,.
RESOLUTION NO.
A RESOLUTION AUTHORIZING EMINENT DOMAIN
WHEREAS, the City has undertaken to construct public improvements known as the
North Hill Improvement Project; and,
WHEREAS, the improvement consists of constructing sewer, water and storm water to
serve a large part of the North Hill in the City of Stillwater, determined necessary; and,
WHEREAS, permanent storm water and municipal utility easements over certain lands
are required to provide for the construction and maintenance; and,
WHEREAS, the City has the authority to acquire, pursuant to Minnesota Statutes Chapter
429 and Minnesota Statutes Chapter 444, and further, the City has the right to acquire the right-
of-way prior to the filing of award by court appointed commissions pursuant to Minnesota
Statutes ~1l7.011 and ~1l7.042; and,
WHEREAS, a portion of the lands required for easement purposes ~ are owned by.
Minnesota Zephyr, Ltd.; Minnesota Transportation Museum, Inc.; Kevin M. Tilka and Gina M. '
Heatherington; and Elayne Aiple; and,
WHEREAS, the City has been unable to successfully negotiate the acquisition of the
required easements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater
hereby authorizes acquisition of the lands by Eminent Domain and to take title and possession of
that land prior to the filing of an award by court appointed commissioners pursuant to Minnesota
Statutes Chapter 429, Chapter 444, and ~ 117.001 and ~ 117.042; and,
BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary
Petition therefore and to prosecute the action to a successful conclusion until it is abandoned,
dismissed or terminated by the City or the Court.
Enacted by the City Council of the City of Stillwater this
day of
, 2004.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Diane F. Ward
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Extract of Minutes of a Meeting of the
City Council of the
City of Stillwater, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Stillwater, Minnesota was duly held at the City Hall in said City on Tuesday, the 15th
day of June, 2004, at 7:00 P.M.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its
adoption:
RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM,
TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A
TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS,
LLC PROJECT), SERIES 2004, IN AN ORIGINAL AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $2,905,000
The motion for the adoption of the foregoing resolution was duly seconded by
member
and upon vote being taken thereon the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
I 654828vl
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RESOLUTION NO. 2004-
RESOLUTION AWARDING THE SALE OF, AND
PROVIDING THE FORM, TERMS, COVENANTS AND
DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX
INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS,
LLC PROJECT), SERIES 2004, IN AN ORIGINAL
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$2,905,000
.
BE IT RESOLVED BY the City Council ("Council") of the City of Stillwater, Minnesota
(the "City") as follows:
Section 1.
Authorization: Award of Sale.
1.01. Authorization. The City has heretofore authorized the establishment of a
municipal development district designated as Development District No. 1 (the "Development
District") pursuant to Minnesota Statutes, Sections 469.124-469.134, as amended. The City has
heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIP
District"), pursuant to Minnesota Statutes, Sections 469.174-469.179, as amended (the "Tax
Increment Act"), within the Development District, and has adopted a tax increment financing
plan for the purpose of financing certain improvements within the TIP District and the
Development District.
Pursuant to Minnesota Statutes, Section 469.176, the City is authorized to issue and sell .
its bonds for the purpose of financing a portion of the capital and administration costs of the
Development District. Such bonds are payable from all or any portion of revenues derived from
the TIP District and pledged to the payment of the bonds. The City hereby finds and determines
that it is in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue
Note (Territorial Springs, LLC Project), Series 2004 in an original principal amount not to
exceed $2,905,000 (the "Note"), for the purpose of financing certain capital and administration
costs of the TIP District.
1.02. Jssuance. Sale. and Terms ofthe Note. The Note is issued in accordance with that
certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a
Minnesota limited liability company (the "Developer") dated August 19, 2003. (the
"Agreement"). The Developer has retained Dougherty Funding LLC (the "Placement Agent") to
arrange the sale of participations in the Note. The City hereby authorizes issuance of the Note in
accordance with terms set forth in this Resolution to the Placement Agent, at a price of par. The
Note shall be dated as of the date of delivery thereof and shall bear interest at a rate not to exceed
% per annum to maturity. The Note shall be payable in semi-annual installments of
principal and interest in the amounts, at the rates and on the dates (the "Payment Dates") to be
negotiated by the Placement Agent, the Developer and the City Administrator-Treasurer and set
forth in the final form of the Note.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in as of the date of issue: .
1 654828vl
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF WASHINGTON
NO.R-
$2,905,000
CITY OF STILLWATER, MINNESOTA
TAXABLE TAX INCREMENT REVENUE NOTE
(TERRITORIAL SPRINGS, LLC PROJECT),
SERIES 2004
Interest Rate
Date of Original
Issue
Maturitv Date
%
February 1, 2030
June _' 2004
Registered Owner: DOUGHERTY FUNDING LLC
The City of Stillwater, Minnesota (the "City"), for value received, certifies that it is
indebted and hereby promises to pay to the registered owner set forth above or its assigns (the
"Registered Owner"), but solely from the Available Tax Increments (defined below) the principal
sum of $2,905,000 (or such lesser aggregate of the principal amounts of this Note which shall
have been advanced by the Registered Owner and duly recorded on the Principal Ledger attached
to and made a part of this Note) and to pay interest thereon at the interest rate set forth above, as
and to the extent set forth herein.
1. Advances: Maximum Princival Amount. The Registered Owner hereby agrees
(1) to advance $ of the principal amount of this Note to the City upon the Date of
Original Issue and (2) to advance $ of the principal amount of this Note to the City
upon filing with the Washington County Recorder of the Assessment Agreement, dated as of
. 2004, among the City, and Washington County, Minnesota, but
not later than , 2004; provided, however, that the total amount so advanced shall
not exceed $2,905,000.
2. Pavrnents. Interest shall accrue on said advanced and unpaid principal amounts of
this Note from the Date of Original Issue set forth above, to but not including, August 1, 2007, at
the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section
3 of this Note, payable on August 1, 2004 and each August 1 and February 1 thereafter (the
"Payment Dates"). The principal amount of this Note is due on the Maturity Date as defined
below. Principal of this Note is subject to mandatory redemption and prepayment in accordance
with the terms of Section 7 of this Note. In the event the Available Tax Increment, as defined
below is not sufficient to pay all principal of this Note (whether pursuant to mandatory
redemption or maturity) and accrued interest due on this Note on any Payment Date, the
1654828vl
2
Available Tax Increment shall be applied first to accrued and unpaid interest, and then to
principal. .
The term "Maturity Date" means the earlier of (a) the date all principal and accrued
interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with
Section 9 hereof; or (c) February 1,2030.
Payments are payable by mail to the address of the Registered Owner as set forth in the
Authorization and Registration Provisions of this Note, or such other address as the Registered
Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
3. Interest. Interest at the rate stated herein shall accrue on the unpaid principal,
commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined
below) when this Note is tendered by the Registered Owner. Interest shall be computed on the
basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase
Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the
Remarketing Agent's judgment, having due regard for prevailing secondary market conditions
and the yields at which comparable securities are then being sold, is the interest rate appropriate
to enable the Remarketing Agent to arrange remarketing of the required aggregate principal
amount of the Note at par in accordance with the terms of the Remarketing Agreement, dated as
of June 1, 2004 (the "Remarketing Agreement"), among the City, Territorial Springs, LLC, a
Minnesota limited liability company (the "Developer"), and Dougherty Funding LLC (the .
"Remarketing Agent" and the "Tender Agent").
4. Available Tax Increment. Payments on this Note are payable on each Payment
Date solely from the Available Tax Increment (defined below) together with the portion of the
proceeds of the Note deposited in the Debt Service Fund as capitalized interest in an amount
which will be sufficient to pay all interest due from the original date of issue through the
February 1, 2005 Payment Date and a portion of the interest due on the August 1, 2005 and
February 1, 2006 Payment Dates. As defined in the Contract For Private Redevelopment, dated
as of August 19, 2003 (the "Agreement") between the City and the Developer, the term
"Available Tax Increment" means, on each Payment Date, 95% of the tax increment actually
received in the six months preceding each Payment Date from the property legally described in
Exhibit A hereto (the "Redevelopment Property"), and received by the City in the six months
preceding the Payment Date.
The Registered Owner acknowledges that the Tax Increment District includes properties
other than the Redevelopment Property, and that the County remits Tax Increments to the City
on the basis of the Captured Tax Capacity of the entire Tax Increment District. Consequently,
the City will need to determine the amount of Available Tax Increments received from the entire
Tax Increment Financing District that are properly allocable to the Redevelopment Property.
The Registered Owner acknowledges and agrees that the Available Tax Increments allocable to
the Redevelopment Property, if the Developer has paid the property taxes on the Redevelopment
Property in accordance with law, will be calculated by the City by determining the Captured Tax
Capacity of the Redevelopment Property and the percentage that such Captured Tax Capacity of .
1654828v I
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the Redevelopment Property bears to the total Captured Tax Capacity of the Tax Increment
Financing District excluding parcels on which taxes are delinquent (the "Developer's
Percentage"), The Available Tax Increment allocated by the City to the Redevelopment Property
will be equal to the total Available Tax Increments received by the City from the Tax Increment
Financing District multiplied by the Developer's Percentage.
The Registered Owner acknowledges that the amount of Available Tax Increments that
are determined by the City to be properly allocable to the Redevelopment Property could be less
than the property taxes paid by the Developer on the Captured Tax Capacity of the
Redevelopment Property as a result of decreases in valuation of other properties in the Tax
Increment District to a valuation that is less than that upon which the original tax capacity was
based.
.
The City shall have no obligation to pay principal of and interest on this Note on each
Payment Date from any source other than the Available Tax Increment or capitalized interest and
the failure of the City to pay all or any portion of principal or interest on this Note on any
Payment Date shall not constitute a default hereunder as long as the City pays principal and
interest hereon to the extent of the Available Tax Increment and capitalized interest. If on any
Payment Date the balance of funds in the Debt Service Fund created under the Resolution
(defined below) is insufficient to make the payment due on that date, the deficiency will be
deferred and paid, without interest thereon, to the extent possible on any subsequent Payment
Date on which the City has available funds in the Debt Service Fund in excess of the payment
due on such date. The City shall have no obligation to pay unpaid balance of principal or
accrued interest that may remain after the Maturity Date.
The City makes no warranty or representation that the Available Tax Increment will be
sufficient to pay all or any portion of the principal or interest on this Note.
5. Mandatorv Tender. This Note is subject to mandatory tender for purchase on
August 1, 2007 and on each five year anniversary thereof prior to the Maturity Date (collectively
the "Purchase Date"). The purchase price of this Note on the Purchase Date is equal to the then
outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the
"Purchase Price").
The Tender Agent shall deliver or mail a written notice of mandatory tender to the
Registered Owner of this Note at its address as then shown on the Bond Register, which notice
shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date.
The Registered Owner shall be required to tender this Note (together with an appropriate
instrument of transfer executed in blank) to the Tender Agent for purchase by 12:00 o'clock
noon, Central Time, on the business day prior to the Purchase Date.
The Registered Owner will be deemed to have tendered this Note for purchase on the
Purchase Date, at the Purchase Price, whether or not such Note is actually delivered for purchase.
NOTWITHSTANDING FAILURE BY THE REGISTERED OWNER OF THIS NOTE TO
DELIVER THIS NOTE ON OR PRIOR TO THE PURCHASE DATE, THE REGISTERED
OWNER SHALL NOT BE ENTITLED TO PAYMENT OF INTEREST TO ACCRUE
. SUBSEQUENT TO THE PURCHASE DATE OR ANY OTHER PAYMENT EXCEPT THE
I 654828vl
4
PURCHASE PRICE FOR THIS UNDELIVERED NOTE, AND ANY SUCH NOTE SHALL
NO LONGER BE ENTITLED TO THE RIGHTS OF THE REGISTERED OWNER OF THIS
NOTE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE.
.
The Purchase Price of this Note shall be paid solely from proceeds derived from the
remarketing of this Note. under the terms of the Remarketing Agreement and from the Available
Tax Increment.
6. Mandatorv Redemotion of Note. This Note maturing on February 1, 2030, is
subject to scheduled mandatory redemption by the City at a redemption price equal to the
principal amount thereof plus accrued interest to the redemption date, on the dates and in the
principal amounts set forth below:
Redemotion Date
Princioal Amount
Redemotion Date
Princioal Amount
.
February 1,2030*
* Maturity
7. Ootional Redemotion of Note. This Note shall be subject to redemption upon 30
days' prior written notice, in whole or in part, at a redemption price of one hundred percent
(100%) of the principal amount thereof to be redeemed plus interest accrued to the date of
redemption, without premium on the following dates and from the following sources: (i) on any .
I 654828vl
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Payment Date on or after August 1, 2005 from the Available Tax Increment in excess of the
Available Tax Increment applied to the required payments under this Note on any Payment Date;
and (ii) on any date on or after August 1, 2005, from the proceeds of any refunding obligation of
the City issued to refund this Note or otherwise at the option ofthe City.
8. Termination. Except as otherwise provided in Section 10.2.6 ofthe Agreement, at
the City's option, this Note shall terminate and the City's obligation to make any payments under
this Note shall be discharged upon the occurrence of certain Events of Default on the part of the
Developer as defined in Section 10.1 ofthe Agreement.
9. Nature of Obli2:ation. This Note was issued to aid in financing certain capital and
administration costs of a Development District undertaken by the City pursuant to Minnesota
Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to an authorizing
resolution (the "Resolution") duly adopted by the City on June 15, 2004 and pursuant to and in
full conformity with the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City
which is payable solely from Available Tax Increment and capitalized interest pledged to the
payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to
constitute a general obligation of the State of Minnesota or any political subdivision thereof,
including, without limitation, the City. Neither the State of Minnesota, nor any political
subdivision thereof shall be obligated to pay the principal of or interest on this Note or other
costs incident hereto except out of the Available Tax Increment, and neither the full faith and
credit nor the taxing power of the State of Minnesota or any political subdivision thereof is
pledged to the payment of the principal of or interest on this Note or other costs incident hereto.
10. Re2:istration and Transfer. This Note is issuable only as a fully registered note
without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to
certain limitations set forth therein, this Note is transferable upon the books of the City kept for
that purpose at the principal office of the City, by the Registered Owner hereof in person or by
such Registered Owner's attorney duly authorized in writing, upon surrender of this Note
together with a written instrument of transfer satisfactory to the City, duly executed by the
Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of
any tax, fee, or governmental charge required to be paid by the City with respect to such transfer
or exchange, there will be issued in the name of the transferee a new Note ofthe same aggregate
principal amount, bearing interest at the same rate and maturing on the same dates.
This Note shall not be transferred, nor may a participation interest in this Note be given
pursuant to any participation agreement, to any person, other than the Developer or any
guarantor of the principal and interest payments on the Note, unless the City has been provided
with an opinion of counselor a certificate of the transferor or transferee, in a form satisfactory to
the City, that such transfer is exempt from registration and prospectus delivery requirements of
federal and applicable state securities laws.
11. Additional Obli2:ations. The City shall issue no obligation secured in whole or in
part by Available Tax Increment, unless the pledge to such obligation is subordinate to the
pledge to the Note issued under the Resolution or the Registered Owner gives its written consent
. to the issuance of such obligation.
I 654828vl
6
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen,
and to be performed in order to make this Note a valid and binding limited obligation ofthe City
according to its terms, have been done, do exist, have happened, and have been performed in due
form, time and manner as so required.
(The remainder ofthis page is intentionally left blank.)
I 654828vl
7
.
.
.
.
.
.
IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this
Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of
the Date of Original Issue specified above.
City Clerk
Mayor
AUTHENTICATION AND REGISTRATION PROVISIONS
This is the Note described in the within mentioned Resolution. The ownership of the
unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name
ofthe person last listed below.
Date ofRe2:istration
Re2:istered Owner
Dougherty Funding LLC
Minneapolis, Minnesota
Tax J.D. No. 41-1866896
Simature of Citv Clerk
(The remainder of this page is intentionally left blank.)
I 654828vl
8
Exhibit A
Legal Description of Redevelopment Property
.
Lot Two, Block Two and Lot One, Block Three, Terra Springs according to the plat thereof,
Washington County, Minnesota.
.
.
I 654828vl
9
Section 3.
Terms. Execution and Deliverv.
. 3.01. Denomination. Pavrnent. The Note shall be issued as a typewritten note
numbered R-I in an amount not to exceed $2,905,000, the actual amount to be determined by the
Placement Agent, the Developer and the City Administrator-Treasurer and set forth in the final
form of the Note. The Note shall be issuable only in fully registered form. Principal of and
interest on the Note shall be payable by check or draft issued by the Registrar described herein.
3.02. Dates: Interest Pavrnent Dates. Principal of and interest on the Note shall be
payable by mail to the owner of record thereof as of the close of business on the fifteenth day of
the month preceding the Payment Date, whether or not such day is a business day.
3.03. Re2:istration. The City hereby appoints the City Clerk to perform the functions of
registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the
rights and duties ofthe City and the Registrar with respect thereto shall be as follows:
(a) Re2:ister. The Registrar shall keep at its office a bond register in which the
Registrar shall provide for the registration of ownership of the Note and the registration of
transfers and exchanges of the Note.
.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
Registered Owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the Registered Owner thereof or by an attorney
duly authorized by the Registered Owner in writing, the Registrar shall authenticate and deliver,
in the name of the designated transferee or transferees, a new Note of a like aggregate principal
amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note
shall not be transferred to any person, other than the Developer or any guarantor of the principal
and interest payments on the Note, unless the City has been provided with an opinion of counsel
or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt
from registration and prospectus delivery requirements of federal and applicable state securities
laws. The Registrar may close the books for registration of any transfer after the fifteenth day of
the month preceding each Payment Date and until such Payment Date.
( c) Cancellation. The Note surrendered upon any transfer shall be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(d) Imorooer or Unauthorized Transfer. When the Note is presented to the Registrar
for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement
on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
.
( e) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on such Note and for all other purposes, and all such
payments so made to any such registered owner or upon the owner's order shall be valid and
1654828vl
10
effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum
or sums so paid. .
(f) Taxes. Fees and Char2:es. For every transfer or exchange of the Note, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for
any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange.
(g) Mutilated. Lost. Stolen or Destroved Note. In case any Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount,
maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated
Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment
of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case
the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it
that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. The Note so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation, shall be
given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been
called for redemption in accordance with its terms, it shall not be necessary to issue a new Note
prior to payment.
(h) Amendments. All of the provisions of the Note, when executed as authorized
herein, shall be deemed to be a part of this resolution (the "Resolution") as fully and to the same .
extent as if incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Note shall be substantially in the form in Section 2 of this
Resolution, which form is hereby approved, with such necessary and appropriate variations,
omissions and insertions (including changes to the aggregate principal amount of the Note, the
stated maturity of the Note, the interest rate on the Note, the terms of redemption of the Note,
and variation from City policies regarding methods of offering tax increment notes) as the Mayor
and the City Administrator, in their discretion, shall determine. The execution of the Note with
the manual or facsimile signatures of the Mayor and the City Clerk and the delivery of the Note
by the City shall be conclusive evidence of such determination.
3.04. Preoaration and Deliverv. The Note shall be prepared under the direction of the
City Clerk and shall be executed on behalf of the City by the signatures of its Mayor and City
Clerk. In case any officer whose signature shall appear on the Note shall cease to be such officer
before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until delivery. Notwithstanding such
execution, the Note shall not be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on such Note has
been duly executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Note certificates need not be signed by the same
representative. The executed certificate of authentication on each Note shall be conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Note has
been so executed and authenticated, it shall be delivered by the City Clerk to the Owner upon .
payment of the purchase price therefor, and the Owner shall not be obligated to see to the
1654828vl
11
.
.
.
application of the purchase price. Upon delivery, any preconditions to the delivery of the Note
shall be deemed satisfied or waived by the City.
Section 4.
Securitv Provisions.
4.01. Pled2:e. The City hereby pledges to the payment of the principal of and interest
on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall
be deposited in the Debt Service Fund in accordance with Section 4.03 hereof and applied to
payment of the principal of, interest on and redemption price of the Note in accordance with the
terms ofthe form of Note set forth in Section 2 of this Resolution.
4.02. Proiect Fund. There is hereby created a special fund designated as the Taxable
Tax Increment Note (Territorial Springs, LLC Project) Series 2004 Project Fund (the "Project
Fund"), to be held and administered by the City separate and apart from all other funds of the
City. The City appropriates the proceeds of the sale of the Note, as advanced, to the Project
Fund except capitalized interest in an amount to be determined by the City Administrator, the
Developer, and the Remarketing Agent, which shall be deposited in the Debt Service Fund. The
funds in the Project Fund will be used to payor reimburse the Developer for a portion ofthe cost
of the property legally described in Exhibit A to the Note (the "Redevelopment Property") and
the costs of the Site Improvements (defined in the Agreement) incurred in accordance with the
Agreement and to pay costs of issuance of the Note. All income received from investment of
amounts on deposit in the Project Fund shall be credited to the Debt Service Fund. Any balance
of the proceeds of the Note remaining in the Project Fund after disbursements described herein
shall be credited and paid to the Debt Service Fund.
4.03. Debt Service Fund. So long as the Note is outstanding and any principal thereof
or interest thereon remains unpaid, the City shall maintain a separate Taxable Tax Increment
Revenue Note (Territorial Springs, LLC Project) Series 2004 Debt Service Fund (the "Debt
Service Fund") to be used for no purpose other than the payment of the principal of and interest
on the Note. The City appropriates and irrevocably pledges to the Debt Service Fund: (a)
capitalized interest from proceeds of the Note in an amount to be determined by the City
Administrator, the Developer, and the Remarketing Agent; (b) Available Tax Increment pledged
pursuant to Section 4.01 of this Resolution; (c) all funds remaining in the Project Fund after
disbursements in accordance with Section 4.02 of this Resolution; and (d) all investment
earnings on funds held in the Debt Service Fund. The Debt Service Fund and all moneys
deposited therein pursuant to this Resolution are hereby pledged to the payment of principal of
and interest on the Note. On August 1,2004 (and on each Payment Date thereafter) the City may
(and if funds on deposit in the Debt Service Fund are in an amount of $20,000 or more, the City
shall) prepay the Note in the amount of Available Tax Increment on deposit in the Debt Service
Fund in excess of the amount applied to the payment of regularly scheduled principal of and
interest on the Note on such Payment Date.
4.04. Investment of Funds. All amounts held in the Project Fund and Debt Service
Fund will be invested in accordance with the provisions of Minnesota Statutes, Chapter l18A,
governing the investment of funds of governmental entities.
I 654828vl
12
Section 5.
Certification of Proceedin2:s.
5.01. Certification of Proceedin2:~. The officers of the City are hereby authorized and .
directed to prepare and furnish to the Registered Owner of the Note certified copies of all
proceedings and records of the City, and such other affidavits, certificates, and information as
may be required to show the facts relating to the legality and marketability of the Note as the
same appear from the books and records under their custody and control or as otherwise known
to them, and all such certified copies, certificates, and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited therein.
Section 6. Continuin2: Disclosure. The continuing disclosure requirements of Rule
15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange
Act of 1934 (the "Rule") do not apply to the Note, because the offering is exempt from such
requirements under Section l5c2-12(d)(1)(i). Consequently, the City will not enter into any
undertaking to provide continuing disclosure of any kind with respect to the Note.
Section 7. AODfoval of Remarketin2: A2:feement. The City Council hereby approves
and authorizes the Mayor and City Clerk to execute and deliver the Remarketing Agreement,
with such additions to or deletions from the form presented to the City Council as the Mayor and
the City Administrator, in their discretion, shall deem appropriate or necessary. The execution of
the Remarketing Agreement by the Mayor and the City Clerk and the delivery of the
Remarketing Agreement by the City shall be conclusive evidence of such determination.
Section 8. Effective Date. This Resolution shall take effect and be in force from and
after its approval and publication. .
(The remainder of this page is intentionally left blank.)
.
I 654828vl
13
.
.
.
Adopted this 15th day of June, 2004.
ATTEST:
City Clerk
I 654828vl
Mayor
14
""
I
· Memo
To:
From:
Date:
Subject:
Mayor and City Council J -"
Steve Russell, Community Development Director ,---
June 10, 2004
Moving Permit for Stillwater Mills on Main (Sammy's Building)
Moving the Sammies structure located on the corner of Main and Mulberry up the street
to the corner of Mulberry and Second Streets was a part of the special use permit
review (public hearing) of the Mills on Main (see attached site plan). At this time, the
moving permit request is being presented to the City Council for confirmation and
approval as a part of the development plans for the Mills on Main Project.
Recommendation: Approval of moving permit for Mills on Main Project relocating
existing residential structure from the corner of Main and Mulberry Streets to the corner
of Mulberry and Second Streets.
.
.
JUN-10-2004 10:52
DJ & R
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June 6, 2004
Mayor Jay Kimble
City Council Members
City Staff
216 N. 4th St.
Stillwater, MN 55082
Dear Mayor Kimble, City Council Members and City Staff,
Thank you so much fOT supporting the Veterans Memorial in countless ways: granting pCIIII;ssion
to use the site, waiving permit and plan fees, and providing police support and barricades for the
dedication on Memorial Day. Most of all, thanks to each of you for supporting this project with
your words and your actions. By what you have done, you are each a part of this permanent tribute.
You will always be remembered for your role in ensuring that we will never forget the sacrifices of
OUT veterans.
With gratitude,
members of the Veterans Memorial Committee:
Anita Buck, Ron Deppa, Norris Ental, Marilyn Gelhar, Dick Huelsmann, Julie Kink,
John Kraemer, Jon Larson, Miriam Madsen, Harriet McPherson, Curt Newcomb,
Dick Olsen, Dave Swanson, Gary WishaT
~cO=-
(/
Honoring Our Heroes) then) now) and forever.
of the communities within School District #834
0UIHJAl. ru'lHL :'<5. :!oo4
In
III
Innes
N 0 ~ne ~ ever c?nfuse Stillwater,
. l'vfum., Vv1th Vernce.
True, the city, founded in 1843, is
also indelibly tied to water. In Stillwa-
ter's case, it's the St. Croix River, des-
ignated a Wild and Scenic Waterway
by the National Park Service. Ten
lumber mills once lined its banks; the
b5t log was milled in 1914, but the
lumber barons' Victorian homes have
been preselVed and turned into bed-
and-breakfasts.
Stillwater had a brush with a great-
er destiny in 1851 when it was consid-
ered for the site of the state capital. St
Paul, 20 miles to the southwest, got
the nod; Stillwater got the first tenito-
. rial state prison, which closed in 1914
and in 2002 burned beyond repair.
.The brick and limestone buildings
dovmtown include Minnesota's oldest
.standing courthouse, a logging and
r;illroad musellill, restaurants, an-
tiques shops, Ixloksellers and art gal-
leries. There's even a winel}'.
... Venice? Not quite. But there is the
matter of that gondola plying the St.
CroiX.
- Its owner-and chief gondolier-is
John Kerschbaum, who's been canoe-
ing for as long as he can remember
. and has guided trips through Minne-
. sota~s rugged northern boundary wa-
ter& Before jumping into the gondola
trade, he made his living trimming
~.
.~. A few trips to the emergency room
withjoI:rrelated injuries changed his
. perspective. "I was looking for a way
to get out of it," the 46-year-old ex-
. piains. 'The tree business is danger-
ous and hard on the body. . . . This
. \\!<if, the only thing I hurt if I fall is my
. pride."
. .' : A gondola photo in a newspaper in-
. sprred his dream. Says Kerschballill:
'1 thought, Wouldn't that be great in
StillWater?' " About $25,000 later,
_.l\erSchballill now rows the St. Croix
. in the gondola he had shipped from It-
illY.. Be wears a Venetian gondolier
outfit-blue-and-white striped shirt
and flat-brimmed straw hat with or-
ange nbbon-and clutches a 14-foot
pole.
The day I discovered the gondola,
fd hiked river bluffs and been swim-
mingin a pristine WbuJl~j lake and
didn't think life could get much better.
As I enjoyed the view of the historic Lift
Bridge that joins Stillwater with Houl-
ton, Wis., from the Dock Cafe's water-
front deck (the bridge opens hourly to
let padcllewheelers take tourists upriver
and for larger private yachts to pass), I
saw the real star of the river.
Fanillies or friends often celebrate
~days aboard the gondola, which
<;a1J. seat six, but Kerschb3-llill says
Ie Touch of Venice
most customers are observing an an-
niversary or anticipating a lii:tle ro-
mance (hence the boat's name:
Amore).
And while romance may be option-
~rr~~conta@oo&~ybethe~-
varotti or flamenco CD gets people in
the mood Couples who sit primly on
the red-fringed seats when they em-
bark return cuddling under blankets,
starry-eyed after sliding under the
bridge and watching the twinkling
lights ashore.
Marriage proposals aren't uncom-
mon; last year there were 32. "Some
guys get down on one knee and the
whole works," Kerschballill says.
"Some guys are sweet and heartfelt-
they're pouring their heart out." One
fellow left nothing to chance: "He
took out a picture album and there
were pictures of the two I)f them, and
they turned the pages. . . and on one
page was a ring."
He tells people to bring wine if they
like and accommodates requests with-
in reason: a special song, a different
time. For an extra fee, he'll arrange for
a violinist, vocalist or concertina play-
er.
BY MICHAEl pmRSEN/MJ IMAGE~
Stillwater,
Minn., might not
have St. Mark's
Place, but it
does have
Venetian-like
gondoliers,
such as John
Kerschbaum,
who plies the
St. Croix River.
By day, Kerschballill checks the
polymer paint, the lights strung along
the sides, the lantern on the bow. He
polishes the names of the four worn-
en-Maria, Angela, Valentina and
Alessia e;;graved on metal plates on
the prow. He supposes those are the
names of the fonner owner's wife and
daughters.
At night, he glides the barge to the
city marina, then secures the moor-
in~ in a shared slip. He covers the
vessel with a tarp, making sure the
velvet cushions and wool blankets
stay dry.
He's fallen hard for Amore. But
now he has two loves: He just bought
a second gondola.
-Sue Kovach Shuman
Gondola cruises in Stillwater, Minn., start
at 5 p.m. May through October, from near
the Dock Cafe at the end of Nelson Street.
Walk-up rates are $20 per person for a 25-
minute ride. Packages starting at $95 for
two are available by reservation. Details:
651-439-1783. www.gondolastcroix.
com. For information on Stillwater: Greater
Stillwater Chamber of Commerce, 651.
439.4001, www.ilovestillwater.com.
w~ ~ ~ "v..~+c,,^-- ~ 5 i
CtlNCUN 4 NT NICE tiLL INCL WI AIR...
PUNT A CANA 7 NT SUP ALLlNCL WIAIR..
COSTA RICA 7 NT EGO ALL.N 'I AIR ..
ARUBA 7NTSUPERIOR EP .......:
HONOLULU 5 NTWAIKIKI .......
GRAND BAHAMAS 3 NT CAS AIR....
'PUCE'S per person, based on double Not InClUded
. up loS118 & 9/11 secur.ty tee S~O and fuel surehars
9~Night &om Rales7ta6
Baltimore ~inclUdel
\lbRWTRt\V&IC
1..---
(' Rate is piP. dbl. cruise only. based on ava~.)
"SefVing the cruise market to, ove, 80 yea
7 Area Locations to Serve You
Also serving Celebrity Cruises
Reston 703-620.3001 Chevy Chase 301-656-1
Tysons Comer 703-556-6t96 HuntVaney 410.527-9
leesburg 703.m.761O Washington, DC 202.293-9
Baltimore 410-256-7660. Open Evenings/Saturdays
Cruising@worldtravelservice.colT
www.worldtravelservice.com ,
8 Italy Fly & Drive
$607
7 Day Car Rental
7 Day Italy by Rail
$1359
2 Venice, 3 Rome
6 Day Rome
$897
4 nights
10 Day Escorted TOI
$1910
2 Venice, 3 Florence, 3 Ron
Indudes: Airfare from Washington. hotels & meals.
Fly & Drive pad<age includes airfare rental.
More of the world for
S ~i f g
--~ ~-
- . -.-
- '-...-
TRAVEL
800-682-3333
www.gate1travel.com
.J.J:n,' ;"'<~;. {,'i' h.......,! ili"/llI' ~.C':l".: d'-ll(il;,;;,'",T{' ..1"
lIhp'!7 1,~\,'s.h'l':i c~ 5q'!;.mi\.T 1lrj] Sc'(;i!1:\ i,
'For convefP""
. call 1-1'
.~
"
.
.
.
5TILL W A I LR fU5L1C L15R.ARY
223 N. Fourth 5t.,
5tillwater M N 55082-+806
651.+39.1675 FAX 651.+39.0012
Board of Trustees Meeting Agenda
Tuesday, June 8, 2004, 7 P.M.
1. Call to Order
2. Adoption of the Agenda
3. Communications and Public Commentary
4. Consent Calendar
A. Adoption of Minutes+
B. Payment of Bills
C. Monthly Activity Report*
D. Other Activity Reports*
E. Web Site Usage Report
F. Director and Other Staff Reports+
G. Financial Report+
H Policy Review- No policy review this month.
5. Building Expansion
A. Design Progress and Schedule, John Mecum (MDA)
6. Fundraising Campaign
A. Campaign Events
B. Pursuing Board Fundraising Targets
C. Report of Other Progress to Date
D. Creation of a Library Foundation
7. Operational Costs Task Force
A+
I
A
I
D
I
I
D
8. Filtering Software
A+
9. WCL Contract Negotiations
10. Parking Agreement with Ascension Church
11. 2005 Budget- Preliminary Discussion
D*
12. 5 Year Capital Improvement Budget
A+
13. Accessibility Grant
1+
14.2004 Capital Budget Release
A+
15. Board Vacancy Recommendation
D
16. Other
17. Adjournment
If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M.
on Monday, June 7, 2004.
A=Action Item I=Information Item D=Discussion Item += Document in Packet
*= Document to be Distributed at Meeting #=Document Previously Distributed
".
Agenda item 4.a.
"
STILLWATER PUBLIC LIBRARY
223 N. FOURTH ST.
STILL WATER, MN 55082-4806
651 439-1675 FAX 651 439-0012
.
Board of Trustees Meeting Minutes
Tuesday, May 1 l, 2004
Present: Bill Fredell, Bill Hi~key, Dick Huelsmann, Victor Myers,
Brian Simonet, Mary Weber
Absent: Andrea Tipple, ML Rice
Staff Present: Lynne Bertalmio, Carolyn Blocher
1. Call to Order
President Hickey called the meeting to order at 7:05 p.m.
2. Adoption of the Agenda
and a second by Myers.
The agenda was adopted as amended with a motion by Fredell
3. Communications and Public Commentary Requests for more current movies and more
kung-fu movies were received.
4. Consent Calendar
of: $53,131.69
M/S/P to approve the consent calendar including payment of bills
.
5. Building Expansion
A Design Progress and Schedule Architect John Mecum was not able to attend the
meeting. The Design Committee will be meeting toward the end of the month (date to
be confirmed).
IOl
6. Fundraising Campaign
1) Centennial and Campaign Events 1) F@SPL will again sell root beer floats at Drum
Beauty - date to be confirmed - help is appreciated. 2) Trustee Simonet reported preliminary
research on holding a golf event. Costs per ticket will be approximately $85 for greens fees,
cart, and meal (prior to SPL share) and the tournament is seen as a good long-term event.
Raffle items and hole sponsorships also will be part of the event. Based on this information,
the Board directed him to continue the planning for such event (tentative date September
13th) subject to coordination and approval with Board and subcommittees. 3) Other possible
items such as a "Cadillac dinner"-type event were discussed.
2) Board Fundraising Targets The entire board has completed the list-compiling phase of
this task. The Board is reminded to follow up on these contacts.
3) Report of Other Progress to Date 1) Pledges in excess of $300,000 were received
recently from three foundations. 2) F@SPL donated proceeds from their recent book sale
and additional gift funds totaling $3,000.
4) Operational Costs Task Force 1) Work will be resuming. This information will need to be
assembled by time of the application to the Kresge Foundation. 2) Other local .
organizations/operations will be benchmarked for comparable sales-type information for
rental and sales proceeds. This will allow us to develop a model for terrace rental and coffee
cart revenue projections.
...
Minutes May 11, 2004
page 2
.
7. WCL's Action on Filtering Software WCL is reviewing one package (the same as used
for general Washington County government systems) for pO,ssible implementation. At.
present, Ramsey County is the only MELSA member who will not filter (Minneapolis
undecided). SPL will investigate participation through our relationship ,with WCL, including
potential costs. Some Board members expressed their continued misgivings wit~ filtering as
an imperfect me.chanism for dealing with complicated issues.
8. WCL Contract Onell1eeting has been held, but no substantive decisionsha.ve. been made.
As SPL is a net lender to WCL it is expected that we will negotiate from a. position of
strength. .
9. Task Force on Parking Agreement with Ascension Church. No reportatthistime.
10.2004 Nonunion wage agreement The City settled with AFSCME for 2% /2.5% /3%
over three years. With this in mind, the Board approved 2% for nonunion wage increases
retroactive to January 1,2004 M/S/P. . ,
II. 2005 Budget - Preliminary Discussion Staffhas begun planning for 2005. Included
will be restoring Circulation staff hours and other staffing initiatiyes.
12. Five Year Capital Budget A draftof as:year capital budget was revi~wed: After
discussion, the Director was instructed to prepare afinal draftJor submission to the City
. Administrator as requested. ' .
13. Board Vacancy Jessica Pack's resignation letter has been received. A Board vacancy will
thereby be declared and filled through thenormalCity application process. Trustees were
asked to identify potential applicants (last day for applications will be Ma.y2Sth). Trustees .'
Fredell, Weber, and. Hickey will interview candidates on June tho . .
15. Adjournment
The meeting adjourned at 8:50 p.m.
.
^
Diane Ward
From:
Sent:
To:
Subject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us)
Thursday, June 10, 2004 12:26 PM
Pat Raddatz
Washington County Board Agenda - 6/15/04
.
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County, County Board Agenda
June 15, 2004 * 9:00 a.m.
1. 9:00 - Roll Call
Pledge of Allegiance
2. 9:00 - Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or
function of Washington County Government, whether or not the issue is listed on this
agenda. Persons who wish to address the Board must fill out a comment card before the
meeting begins and give it to the County Board secretary or the County Administrator. The
County Board Chair will ask you to come to the podium, state your name and address, and
present your comments. You are encouraged to limit your presentation to no more than five
minutes. The Board Chair reserves the right to limit an individual's presentation if it
becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue
that is part of Washington County's responsibilities. The chair may also limit the number
of individual presentations to accommodate the scheduled agenda items.
3.
9:10 - Consent Calendar
.
4. 9:10 - Sheriff's Office * Jim Frank, County Sheriff
Recognition of Sheriff's Office Explorer Post
5. 9:30 - Court Administration * Christina Volkers, Court Administrator
REMOVE FROM TABLE - Review Alternative Options for Storage of Court Files
6. 9:45 - Transportation and Physical Development * Don Theisen, County Engineer
A. Update on the I-494/Wakota Bridge Project
B. Supplemental Agreement for the Hinton/Tower Connection
7. 10:05 - General Administration * Jim Schug, County Administrator
Revised Housing and Redevelopment Authority Board Composition
8. 10:25 - 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 tpis time. Any action necessary because of discussion will be scheduled for a
future board meeting.
9. Board Correspondence
.
10. 10:40 - Adjourn
1
A
~
11. 10:40 - Washington County Regional Railroad Authority Convenes
A. Roll Call
B. RRA Minutes of February 17, 2004
..
Agreements for Completion of Red Rock Corridor Studies * Mike Rogers, RRA Planner
D. Adjourn
12. 11:15 to 11:35 - Board Workshop with Transportation and Physical Development
Discuss Denmark Township's Request to the County to sign a Conditional Use Permit for St.
Croix Bluffs Regional Park
1:00 to 4:00 - Board of Equalization
************************************************************************
Reminder: No Board Meeting On June 29 (5th Tuesday)
Meeting Notices
June 15 - Housing & Redevelopment Authority
3:30 p.m., 1584 Hadley Avenue North * Oakdale
June 16 - Plat Commission
8:30 a.m., Washington County Government Center
June 16 - Metropolitan Transportation Advisory Board
2:00 p.m., 230 East 5th St., Mears Park Centre * St. Paul
June 17 - Workforce Investment Board
8:30 a.m., 2150 Radio Drive * Woodbury
.une 17 - Minnesota Extension Committee
:00 p.m., Washington County Government Center
*************************~**********************************************
Washington County Board of Commissioners
Consent Calendar * June 15, 2004
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 projects recommended by County Administrator for funding through the 2003
Countywide Mission Directed Budget (MOB) Savings Pool.
Assessment, Taxpayer Services
B. Approval of resolution awarding bid for the printing and delivery of optical and
Elections scan ballots to Graphic Design, the lowest responsible bidder, in the amount of
$33,748.95 conditioned upon the execution of a contract as approved by law.
Community Services
C. Approval of county certification of Community Services Case SSIS #102344322 to provide
adult foster care services to a related person.
.. Approval of the 2004 agreement with American Red Cross, St. Paul Chapter, to provide
emergency social services and crisis response services for Washington County.
Recorder
2
~
~
E. Approval of Plat of Arcola Preserve located in May Township.
Transportation and Physical Development
F. Approval to use five vehicle park permits for free drawings during the Washington .
County Fair, August 4 * August 8, 2004.
G. Approval and execution of Amendment No. 1 to the agreement for the Transfer of a
portion of County Road 74 to the City of Cottage Grove.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
.
.
3
"
Diane Ward
From:
.ent:
0:
Subject:
Pat Raddatz [Pat.Raddatz@co.washington.mn.us]
Thursday, June 03, 2004 11:42 AM
Pat Raddatz
Washington County Board Agenda - 6/8/04
Washington County Board of Commissioners
14949 62nd Street North
Stillwater, MN 55082
Washington County, County Board Agenda
June 8, 2004 * 9:00 a.m.
9:00 to 10:00 * Workshop with Representatives of the Metropolitan Council
Discuss Issues of Regional and County Significance
1. 10:05 - Roll Call
Pledge of Allegiance
2. 10:05 - Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or
function of Washington County Government, whether or not the issue is listed on this
agenda. Persons who wish to address the Board must fill out a comment card before the
meeting begins and give it to the County Board secretary or the County Administrator. The
County Board Chair will ask you to come to the podium, state your name and address, and
.resent your comments. You are encouraged to limit your presentation to no more than five
inutes. The Board Chair reserves the right to limit an individual's presentation if it
ecomes 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. 10:15 - Consent Calendar
4. 10:15 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director
Subdivide and Classify Tax-Forfeited Land in Lake Elmo and Woodbury as Non-Conservation
5. 10:20 - Public Health and Environment * Judy Hunter, Senior Program Manager
Solid Waste Management Coordinating Board Awards
6. 10:30 - General Administration * Jim Schug, County Administrator
7. 10:40 - 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.
8. Board Correspondence
9. 11:00 - Adjourn
~o. 11:05 to 11:35 - Board Workshop with Financial Services
Review 2003 Collections Annual Report
1
~
,
11. 11:35 to 12:05 - Board Workshop with Information Technology
Update on Strategic Technology Plan
************************************************************************
Reminder: No Board Meeting On June 29 (5th Tuesday)
.
Meeting Notices
June 8 - Mental Health Advisory Council
4:00 p.m., Washington County Government Center
June 9 - 911 Executive Committee
10:30 a.m., 2099 University Avenue W. * St. Paul
June 9 * MELSA
12:00 p.m., 1619 Dayton Avenue * St. Paul
June 9 * MICA
2:00 p.m., 161 St. Anthony Avenue * St. Paul
June 10 - Community services Advisory
7:30 a.m., Washington County Government Center
June 10 - Metro TAB
12:30 p.m., 230 East 5th St., Mears Park Centre * St. Paul
************************************************************************
Washington County Board of Commissioners
Consent Calendar * June 8, 2004
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 May 25, 2004 Board meeting minutes.
B. Approval to appoint Sara Jane Minehart, Woodbury, to the Minnesota Extension Committee,
to a first term expiring December 31, 2006.
C. Approval to appoint Tamara Arrigoni, Forest Lake, to the Workforce Investment Board to
a term expiring June 30, 2006.
D. Approval to revise procedural changes within Policy #1805, Purchasing Card Program.
E. Approval to implement a pilot to utilize the State of Minnesota's auction to sell
vehicles, equipment and reusable items and E-bay for the Sheriff's office confiscated and
property room items.
Community Corrections
F. Approval to appoint Richard Gustafson to the Washington County Community Correction
Advisory Board to a first term expiring December 31, 2005.
Public Health and Environment
G. Approval of amendment #1 with Olsen Thielen & Co. for financial audit services,
amending the cost and payment section for July 1, 2004 to June 30, 2005.
Transportation and Physical Development
.
H. Approval of resolution authorizing participation in and execution of application for
State DNR funding for maintenance of county ski trails and execution of the trail
2
~
,
assistance grant agreement through the Minnesota Trail Assistance program.
I. Approval of resolution for Washington County to participate in the Minnesota Trail
Assistance Program for Star Trail Snowmobile Association and execution of the application
with the State of Minnesota for reimbursement of trail costs and grant agreement as it is
.vailable.
J. Approval of resolution, bid award for reconstruction and repair of chimneys at the
Historic Courthouse to Advanced Masonry Restoration, lowest responsible bidder, in the
amount of $154,000 conditioned upon the execution of a contract as required by law.
K. Approval of resolution, award of bid for excess land to Alan Downie, only responsible
bidder, in the amount of $250.00 conditioned upon completion of a Quit Claim Deed as
required by law.
Pat Raddatz, Administrative Assistant
Washington County
Phone: (651) 430-6014
e-mail: pat.raddatz@co.washington.mn.us
.
.
3
h
,
Diane Ward
From:
Sent:
To:
Subject:
Larry Hansen
Thursday, June 03, 2004 1:45 PM
Diane Ward
FW: TNT show
.
Diane
Please FYI council in packets for the 15th.
-----Original Message-----
From: Phil.Mero@us.redbull.com [mailto:Phil.Mero@us.redbull.com]
Sent: Thursday, June 03, 2004 11:31 AM
To: Larry Hansen
Subject: TNT show
Hello Larry-
I hope that all is well in Stillwater. I really want to thank you for all
of your help in assisting with the development of bringing our FMX show to
Stillwater. I am writing to inform you that our standing date of June 19th
is not going to work. I was TRULY hoping that we could pull this event off
at a later date due to the earlier scheduling conflict. It is
unfortuneate, but there are too many outside factors that are not allowing
me to pull this together the way it needs to be executed. I do not want to
compromise the quality of this event for all parties involved. Due to this
fact, it looks like I am going to have to shelve this opportunity for this
year. ..If at all possible and if the interest is there, I would like to
look trying this next year (giving us AMPLE time to plan). Feel free to
get back to me with your thoughts.
.
Again, I am truly sorry that all of your effort was for not!
All The Best! !
Phil Mero
Red Bull North America
Field Marketing Manager, Minnesota
612.929.2702 phone
612.929.2703 fax
You'll Laugh. ..You'll Fly....Just Not Very Far!!!
http://www.redbullflugtagcleveland.com
applications due JUNE 1st!
.
1
&ay 27, 2004
STILLWATER TOWN BOARD MEt: lING
Town Hall
7:00 P.M.
PRESENT: Chairperson David Johnson, Supervisors Sheila-Marie Untiedt,
Jim Doriott, Duane Laabs and Jim Hiniker. Also, Treasurer
Gloria Sell, Planner Dick Thompson and Attorney Soren Mattick.
1. AGENDA - M/S/P Hiniker/Untiedt moved to adopt the agenda as amended.
(5 ayes)
2. MINUTES - M/S/P Hiniker/Laabs moved to approve the 5/13/04 Stillwater town
board meeting minutes as written. (5 ayes)
3. TREASURER-
1. Claims were reviewed and checks #16777 thru #16783 were signed.
2. Payment to the previous building inspector will be held until the 2003 - 2004
records are presented to the township for verification.
4. AlTORNEY - The attorney dealing with the Curtis variance was present to ask for
an amendment to the variance allowing for an increase of the house footprint from
1500 square feet to 1630 square feet.
.he board members will consider a written request for another variance to increase
the size of the footprint.
5. ENGINEER - M/S/P Hiniker/Laabs moved to join the City of Stillwater sealcoat
project for $81,517.32. (5 ayes)
6. PARK PLAN - The new park plan was reviewed. The park donation and number of
parks were the basis for discussion. The planner will do some more work on the plan
for the next meeting.
7. GAROFALO SIGN - Duane Laabs reported that he spoke to the owner who said the
sign will be moved back further from the road soon.
8. ADJOURNMENT - Meeting adjourned at 9:00 p.m.
Clerk
Chairperson
.
Approved
---' .
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