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HomeMy WebLinkAbout2004-08-03 CC Packet . CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-16 Council Chambers, 216 North Fourth Street August 3, 2004 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 2. is is the date and time for a public hearing to consider a request from the for a Zoning Map Amendment changing the zoning of the area south of North 62nd by orth 62nd Street, Paris Avenue and Oxboro Avenue from Single Family Public Administrative Office (PA). Notices were mailed to affected property hed in the Stillwater Gazette on July 23, 2004. (First reading of ordinance) 104-62. This is the date and time for a public hearing to consider an appeal of the ommission's decision on a request from Andrew and Linda Sigl for a variance and e permit for a five-guest room Bed and Breakfast located at 416 South Fourth Street in the RB, wo Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 23, 2004. Case No. V104-47. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Steve Pajor, South Metro V, LLC, for modification to Master Sign Plan for a variance to the sign regulations for electronic reader board sign located at 1250 Frontage Road, Valley Ridge Commercial Center, in the BP-C, Business Park Commercial District. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 23, 2004. 3. City Clerk 4. Director of Admin. 5. 6. ity Attorney Finance Director City Administrator CALL TO ORDER ROLL CALL OTHER BUSINESS STAFF REPORTS 1.Police Chief 2.Fire Chief CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of July 20,20 eting and executive session minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMME .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 address Council on subjects which are not a part of eply at the time of the statement or may give direction sed. CONSENT AGENDA* 1. Resolution 2004-161, direc' 2. Approval to hang banner Historic Homes Tour 3. Resolution 2004-162, district f bills eet August 20 thru Sept. 19,2004 for Art Reach Alliance correcting a scrivener's error contained within the budget for PUBLIC HEARINGS 1. Case No. City of S . Street Resi ow .3. 4. Case No. SUB/04-53. This is the date and time for a public hearing to consider a request from Jon Ludwig for a resubdivision to combine Lots 17 (20,407 square feet) and 20 (5,981 square feet), County Auditor's Plat #3, into one lot of 26,388 square feet located at 711 and 713 3rd Street North in the RB, Two Family Residential District. Notices were mailed to affected property owners and . published in the Stillwater Gazette on July 23,2004. (Resolution) UNFINISHED BUSINESS 1. Possible second reading of Ordinance No. 944, An Ordinance authorizing the reconveyance of city land (first reading July 6, 2004) 2. Possible approval of resolution adopting findings of fact relating to the appro Planning Commission's decision denying a variance for the construction of a the RB Residential District at 403 Hancock Street (Resolution). * All items listed under the cons enacted by one motion. Ther citizen so requests, in whi separately. ng nonconforming structures if NEW BUSINESS 1. Discussion of cut or cover concept - alternative to Highway 36 2. Possible approval of plans and specifications for Phase 3 of N (Resolution) 3. Possible approval of Resolution Declaring Cost and Order" Improvement 4. Consideration of Zoning Amendment allowing reconstr destroyed by fire or natural disaster 5. Update on North Hill CDBG Housing Rehab Progr 6. Possible purchase of land for Brown's Creek Natu 7. Update on Boutwell Land Use Plan PETITIONS, INDIVIDUALS, DELEGATIONS & COMM COMMUNICATIONS/REQUESTS COUNCil REQUEST ITEMS . STAFF REPORTS (continued) ADJOURNMENT considered to be routine by the City Council and will be separate discussion on these items unless a Council Member or ems will be removed from the consent agenda and considered . 2 . REGULAR MEETING RECESSED MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-16 Council Chambers, 216 North Fourth Street August 3, 2004 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin. 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2004-161, directing 2. Approval to hang banner on Che Historic Homes Tour 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of July 20,2004 r PETITIONS, INDIVIDUALS, DELEGATIONS & COMM _PEN FORUM The Open Forum is a portion of the Council the meeting agenda. The Council may tak to staff regarding investigation of the concer g minutes (available Tuesday) ress Council on subjects which are not a part of y at the time of the statement or may give direction d. ills t August 20 thru Sept. 19, 2004 for Art Reach Alliance PUBLIC HEARINGS 1. Case No. ZAM/04-01. This he date and time for a public hearing to consider a request from the City of Stillwater for a Zoning Map Amendment changing the zoning of the area south of North 62nd Street bounded by North 62nd Street, Paris Avenue and Oxboro Avenue from Single Family Residential (RA) to Public Administrative Office (PA). Notices were mailed to affected property owners and published in the Stillwater Gazette on July 23,2004. (First reading of ordinance) 2. Case No. SUP/04-62. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Andrew and Linda Sigl for a variance and special use permit for a five-guest room Bed and Breakfast located at 416 South Fourth Street in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 23, 2004. 3. Case No. V104-47. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Steve Pajor, South Metro V, LLC, for modification to Master Sign Plan for a variance to the sign regulations for electronic reader board . sign located at 1250 Frontage Road, Valley Ridge Commercial Center, in the BP-C, Business Park . Commercial District. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 23, 2004. 4. Case No. SUB/04-53. This is the date and time for a public hearing to consider a request from Jon Ludwig for a resubdivision to combine Lots 17 (20,407 square feet) and 20 (5,981 square feet), County Auditor's Plat #3, into one lot of 26,388 square feet located at 711 and 713 3rd Street North in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 23,2004. (Resolution) UNFINISHED BUSINESS . 1. Possible second reading of Ordinance No. 944, An Ordinance authorizing the reconveyance of city land (first reading July 6, 2004) 2. Possible approval of resolution adopting findings of fact relating to the approval of the appeal of the Planning Commission's decision denying a variance for the construction of an accessory unit within the RB Residential District at 403 Hancock Street (Resolution). NEW BUSINESS 1. Discussion of cut or cover concept - alternative to Highway 36 2. Possible approval of plans and specifications for Phase 3 of North Hill Improvement Project (Resolution) 3. Possible approval of Resolution Declaring Cost and Ordering Prep of Roll for North Hill Improvement 4. Consideration of Zoning Amendment allowing reconstruction of existing nonconforming structures if destroyed by fire or natural disaster 5. Update on North Hill CDBG Housing Rehab Program 6. Possible purchase of land for Brown's Creek Nature ar 7. Update on Boutwell land Use Plan * All items listed under the consent ag enacted by one motion. There will b citizen so requests, in which event, t separately. . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMEN COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT nsidered to be routine by the City Council and will be te discussion on these items unless a Council Member or ill be removed from the consent agenda and considered . 2 . . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-15 Council Chambers, 216 North Fourth Street July 20, 2004 REGULAR 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 Finance Director Harrison City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Council member Milbrandt to approve the July 6, 2004 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS i Presentation of Retirement Plaaue - Recoanition of 21 vears of service -Thomas Zoller Mayor Kimble and Acting Fire Chief Glaser presented a retirement plaque to Tom Zoller for his 21 years of service in the Fire Department. OPEN FORUM Ms. Beverly Kreger and Mr. Todd Romacki requested approval for a wiener wagon to be located on private property of Let There Be Light. They stated that they are beginning the required process this August, however would like to operate for Lumberjack Days. She stated that the unit is a small unit and the agreement with the owner is for seasonal weekends. City Administrator Hansen stated that there is a process and that today he has received another request and is concerned that if this request is granted that more may come for approval prior to Lumberjack Days. Councilmember Milbrandt agreed with the City Administrator and expressed concern that this is not the weekend to add to traffic on Main Street. Council members Rheinberger and Milbrandt felt the timing issue is a concern but felt that this could be a welcomed venue in the future and urged them to continue with the process. Councilmember Junker agreed, but thought it was a good idea. ~ City Council Meeting - 04-15 July 20, 2004' Motion by Council member Milbrandt, seconded by Council member Junker to deny the reques.t. All in favor. STAFF REPORTS Police Chief Dauffenbach requested that Council approve a resolution for a Safe & Sober agreement with the Minnesota Department of Public Safety. He stated that the department has entered into this agreement for a number of years. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2004-155, resolution authorizing execution of agreement. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Police Chief Dauffenbach provided Council with an update on the Christian concert by Faith Inkubators. He stated that there were no problems. Public Works Director Eckles provided Council with an update on the North Hill project. He stated that hopefully Poplar Street would be open this week. He stated that parking stalls were added to Willow Street because the variance was denied by MSA for parking. He stated that the Water Department would be replacing watermain in the Lake Street area and paid for by the Water Board. He thought the project has been . going well. Mayor Kimble stated that he has received positive feedback on the project and the professionalism of the Engineering staff. He thanked them for doing a good job. City Administrator Hansen reviewed the requested changes from Council on July 6, 2004 regarding the Capital Improvement Projects (CIP). He inquired if there were any other changes. Council did not indicate additional changes to the CIP. CONSENT AGENDA* Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt the Consent Agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-151, directing payment of bills Approval of LG555, Government Approval or Acknowledgement for Use of Gambling Funds from Stillwater Elks #179 Application for lawful gambling exempt permit for raffle on September 30, 2004 - The Leukemia & Lymphoma Society Approval to purchase licensing agreement for Microsoft software . Approval to purchase 4 computers - Finance and Police Acceptance of Board of Water Commissioner's Financial Statement for period .ending December 31, 2003 Page 2 of 9 ,#' . . . City Council Meeting - 04-15 July 20, 2004 Resolution 2004-152, resolution approving agreement with Anoka Technical College for training - Fire Approval to replace and purchase lighting for St. Croix Recreation Center Resolution 2004-153, approval of Maintenance Agreement of the Interpretive Monuments A and B of Lowell Park with the State of Minnesota, Department of Transportation Resolution 2004-154, approval of renewal of cooperative purchasing agreement with State of Minnesota / Application for lawful gambling exempt permit for raffle on September 12, 2004 - St. Mary's Catholic Church Approval to hang banner on South Main Street September 10 thru October 3, 2004 for Ascension Episcopal Church - Blessing of the Animals - St. Francis Day Approval to hang banner on Chestnut Street August 20 thru Sept. 12,2004 for St. Mary's Church - Wild Rice Festival PUBLIC HEARINGS This is the dav and time for a Dublic hearina to consider a new off-sale liauor license located at 122 New Enaland Place (Libertv Villaae). City Clerk Ward stated that because this is a new license a public hearing is required. She reviewed the application for an off-sale liquor license in the Liberty Village area (122 New England Place). She stated that this use was approved by Council in March 2004 and recommended approval conditioned upon the review and approval by Fire, Police, Building Inspection, Finance and Minnesota Liquor Control. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-156, approving a new off-sale liquor license for Liberty Village Wine & Spirits, Inc., DBA: Liberty Village Wine & Spirits. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. SUPNI04-44. This is the dav and time for the Dublic hearina to consider an aDDeal of the Plannina Commission's decision on a reauest from Michael Vincent for a variance to the side vard setback (10 feet reauired. 5 feet reauested) and a variance to the allowable square footaqe of an accessory dwellinq unit (800 sauare feet allowed. 993 square feet requested) located at 403 West Hancock in the RB. Two Familv Residential District. Planner Fitzgerald stated that the HPC reviewed and approved the design, however the Planning Commission denied the variances, which the applicant is appealing. She stated that the proposal is to construct a 993 sf. accessory dwelling unit over a garage and that the maximum allowed is 800 sf. She stated that the second variance is for a Page 3 of9 '\. City Council Meeting - 04-15 July 20, 2004 side yard setback of 5 feet, which requires a setback of 10 feet. The Planning . Commission denied the variance on a 4-2 vote. Mayor Kimble opened the public hearing. Mr. Michael Vincent, 403 Hancock 8t. W, stated that his goal is to erect a three and one half car garage, with an apartment on top of the garage. He stated that regulations allow for a 1000 square foot building on the first level but limit the finished square feet on the second level to 800 square feet. He stated that the design would match his property as well as surrounding properties in the area and the regulations presume an architectural design that does not fit the design of his primary residence and it is his intent to erect a structure that best resembles his home design as well as the design of other homes in the area. He stated that the side set back should be 6 feet because his lot is 60 feet wide and felt that the setback of 6 feet should be acceptable. He also presented a list of signatures of neighbors approving his design. Councilmember Milbrandt stated that there is a similar building with living quarters that conformed to the regulations. Mayor Kimble closed the public hearing. Mayor Kimble asked why is it allowed 1000 on the bottom and 800 on the top. He didn't know why it is different, most are the same. Planner Fitzgerald stated she was not a part of developing the ordinance, however tha~ it may have been done this way to restrict living quarters. Councilmember Junker stated that the differential of the 800 and 1000 did not come up during the Planning Commission, however the commission has been consistent in not allowing anything over 800 sf on an accessory building especially when this accessory structure is almost equivalent in size as the home. Council member Rheinberger spoke in favor of granting the two variances. In regard to the side yard variance because the applicant is faced the issue of private needs/wants with no variance versus assisting with the concerns of the public and safety with a variance by the moving of cars off the street into the garage improving sight distance and felt that pushing the building away from the street gives the public additional safety. He stated he favored granting the variance of 993 feet because the applicant was caught in a shift in architectural design because of what is in his neighborhood and what the ordinance permits and granting the variance will allow for the structure to be similar to what is in the neighborhood. Council member Kriesel asked if six feet would meet the requirement. He felt that what Mr. Vincent is doing is a good fit for the neighborhood. Planner Fitzgerald stated that six feet would meet the requirement if there was not livi. quarters above the garage. Page 4 of 9 It- . . . City Council Meeting - 04-15 July 20, 2004 Mayor Kimble asked Mr. Vincent if the adjacent neighbor to the structure had any objections. Mr. Vincent stated they did not and they signed the letter that they had no objections. Council member Junker stated that the Planning Commission was concerned because it is a 1 O,OOO-foot lot and basically putting two home structures on one lot. Mayor Kimble stated that zoning allows Mr. Vincent to turn his house into a duplex. Council member Milbrandt also questioned the 1000 down and 800 up. Motion by Council member Rheinberger, seconded by Council member Kriesel approving the appeal, directing the City Attorney to prepare findings of fact and directing the Planning Commission to relook at this portion of the ordinance. All in favor. This is the dav and time for the Dublic hearina to consider adootion of the Boutwell South Area Plan. The Boutwell South Area Plan is bounded bv Boutwell Avenue. Countv Road 15 (Mannina Avenue) and Countv Road 12. Mayor Kimble explained that the public hearing for the Boutwell South Area Plan will need to be continued until after the Stillwater Joint Board meets, however he would allow public comment. Mayor Kimble opened the public hearing. Ms. Gail Pundsack, 140 Northland Avenue, requested that a copy of the plan be made available as soon as possible. Mr. Steve Fisher explained Bergmann's Homes involvement in this process and provided a sketch of the proposed development. He stated that he would like Council to make a decision with the caveat for developer like Bergmann Homes to go through the annexation process. He stated that the proposed development would have a connection at Neal and County Road 12. Mayor Kimble stated that there is no definitive answers and appreciates Bergmann Home continued cooperation in this area. Councilmember Rheinberger asked Mr. Fisher to explain their proposed development. Mr. Fisher reviewed the proposed development for Bergmann homes. Public Works Director Eckles stated that the City has not reviewed or provided input on the developer's plan so the City has given no indication that this proposed development is appropriate for that site. Council member Kriesel stated that he is appreciative of the Bergmann's patience however there are some real traffic issues to contend with and it was his understanding that the Orderly Annexation Agreement goes until 2015 and is not sure where this Page 5 of 9 ..... City Council Meeting - 04-15 \~ July 20, 2004 property is in that time frame, however he didn't think it would fit bringing it in 2005-200~ until the traffic concerns are dealt with and there is a lot of concern thatthis traffic will ~ down Northland Boulevard and that is not acceptable. Mayor Kimble explained that the Orderly Annexation Agreement states that the City cannot take property until 2015, however adjacent properties can petition the City to be annexed prior to 2015, however Council can have reasonable restrictions and reasonable moratoriums. Council member Milbrandt stated that there is not a development hearing at this time. He asked City Attorney if a contiguous property requests annexation, does the City have to annex them. He felt that the hearing should be set after the Joint Board meeting. City Attorney Magnuson stated the agreement gives the Council discretion to say no, but there has been considerable discussion on this issue. Mr. Richard Schultz asked if Council is changing the name of Boutwell to Boutwell Avenue or if that was a mistake in the newspaper. Mayor Kimble stated that it would continue to be Boutwell Road. Mr. Schultz invited the Council to come to his place and walk the property to see the la~ of the land rather than to see it on flat paper. He felt it would be worthwhile to all . concerned. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to continue the public hearing and set the date at the August 17, 2004 meeting with a tentative date of September 7,2004. Mayor Kimble recessed the meeting at 8:25 p.m. Mayor Kimble reconvened the meeting at 8:35 p.m. UNFINISHED BUSINESS Possible aooroval of resolution acceotin{:J ~n(i authorizina the Mavor and Citv Clerk to Sian Librarv Accessibilitv Caoitallmorovement Grant Contract City Administrator Hansen reviewed the grant contract for Library Access Capital Improvement. He stated that in ord~r to receive the grant the money must be spent and then is reimbursed by the grant and that receiving this grant does not obligate the Council to approve the project. Council member Rheinberger stated he was against accepting the grant, he felt that it affirms the $9M project, with additional operating costs, which the City cannot afford. . Page 6 of 9 .. . . . City Council Meeting - 04-15 July 20, 2004 Motion by Councilmember Kriesel, seconded by Council member Milbrandt to adopt Resolution 2004-157, resolution accepting and authorizing the Mayor and City Clerk to sign Library Accessibility Capital Improvement Grant Contract. Ayes: Council members Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger City Administrator Hansen stated that the Library has received another grant in the amount of $100,000 from the Katherine B. Andersen Fund of The Saint Paul Foundation for the purpose to help finance the Stillwater Public Library Centennial Capital Campaign. He stated that in order to receive the grant the money must be spent and then is reimbursed by the grant and that receiving this grant does not obligate the Council to approve the project. Council member Rheinberger stated he was against for the same reasons as previously stated. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2004-158, accepting grant from Katherine B. Andersen Fund of the St. Paul Foundation. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger NEW BUSINESS Possible bid award for Main Street Parkina Lane Public Works Director Eckles reviewed the bid received for the Main Street Parking Lane. He stated that Tower Asphalt was the only bidder with a bid of $128,035.00. He recommended that the contract be awarded. He also stated that the project would be funded by the Downtown Parking Fund. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-159, accepting bid and awarding contract for South Main Parking Improvement Project (Project 2004-05). Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooointment of member to Librarv Board Mayor Kimble reviewed a memo from Lynne Bertalimio regarding the Board's recommendation to appoint Ms. Ruth Ranumto the Library Board. Ms. Ranum would fill the unexpired term of Jessica Pack whose term expires January 1, 2005. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2004-160, appointment to Library Board. Page 7 of 9 "\ City Council Meeting - 04-15 July 20, 2004 Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble . Nays: None Possible settina of dates for sDecial meetinas for budaet works hODS Mayor Kimble reviewed the memo from Ms. Harrison, Finance Director, of dates for budget workshop with department heads on August 17 (special meeting at 4:30 p.m.) and August 24 (special meeting). Adoption of the proposed budget could occur on September 7, however if necessary a special meeting could be called for September 14. Motion by Councilmember Rheinberger, seconded by Councilmember Junker setting the budget workshop dates. All in favor. COUNCIL REQUEST ITEMS Councilmember Kriesel stated that he is on a task force for a Community Family Center and he requested Council complete a questionnaire related to a Community Family Center. He informed the public of Bingo in the Park at Pioneer Park for seniors on July 24, 2004. He also requested that staff continue with investigating options for garage sales and present those options to Council in the near future. ADJOURNMENT to Executive Ses~ion reaardina easement neaotiations Motion by Council member Rheinberger, seconded by Councilmember Junker to adjourn to . executive session at 8:50 p.m. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . Page 8 of 9 . -- . . . City Council Meeting - 04-15 July 20, 2004 Resolution 2004-151, directing payment of bills Resolution 2004-152, resolution approving agreement with Anoka Technical College for training - Fire Resolution 2004-153, approval of Maintenance Agreement of the Interpretive Monuments A and B of Lowell Park with the State of Minnesota, Department of Transportation Resolution 2004-154, approval of renewal of cooperative purchasing agreement with State of Minnesota Resolution 2004-155, resolution authorizing execution of agreement Resolution 2004-156, approving new off-sale liquor license, Liberty Village Wine & Spirits, Inc., DBA: Liberty Village Wine & Spirits Resolution 2004-157, resolution accepting and authorizing the Mayor and City Clerk to sign Library Accessibility Capital Improvement Grant Contract. Resolution 2004-158, accepting grant from Katherine B. Andersen Fund of the St. Paul Foundation. Resolution 2004-159, accepting bid and awarding contract for South Main Parking Improvement Project {Project 2004-05 Resolution 2004-160, appointment to Library Board Page 9 of 9 <f' . LIST OF BILLS EXHIBIT" An TO RESOLUTION #2004-161 . 3-M Ace Hardware Action Rental Ancom Technical Center Applied Images Arch Wireless Aspen Mills AT & T Wireless Boyer Trucks Carquest Catco Century Power Equipment Clarey's Safety Equipment Clark, Luann Coca Cola Comcast Cub Foods DARE America Merchandise Express Photo Foremost Promotions Fred's Tire Galles GCR GFOA Hanson, David Heritage Embroidery Heritage Printing Interstate Companies, Inc. Johnson Radio Communications Kath Fuel Oil lake Management Lakeview Hospital Linner Electric Lane Design Group, Inc. lockrem, Richard MacQueen Equipment, Inc, Magnuson Law Firm Martin, William E. Menards Minnesota Dept of Admin, Intertechnologies Napa Auto Parts Newman Traffic Signs Nextel Northwood Power Equipment . Sign Supplies Hardware Concrete Trailer Repair Radios Signs Pagers Uniforms Cell Phones Repair Vehicle Equipment Repair Supplies Equipment Repair Supplies Equipment Repair Supplies Inspection Extinguisher, Gasket Public Works Cleaning Concession Supplies Cable Supplies DAR.E. Supplies Processing Safety Books Tires Vacuum Cleaner & Towels Tires Membership Utility Refund Credit Balance Uniforms for Skating School Correction Notices Switch Grip Kenwood Mobile Radio, Cables Fuel Treatment lily lake & Beach Area Blood Draw Repair Tennis Court Light, Sign Lights & Bulb Downtown Banner Program Liberty Village Plan Review Repair Parts Professional Service LELS Grievance Arbitration Maintenance Supplies June Internet Usage Equipment Repair Supplies Signs Cell Phones GT Echomatic 690,17 115,87 356,78 182,82 377,66 1,155,28 269,81 450.29 1,939,64 361,06 220.07 72,95 62,68 140,00 854.70 78.27 20.42 58,15 46,13 247.90 24,22 633.40 178.67 130,00 512,00 786,00 364.98 63,05 659,78 58.83 4,265.00 40.00 4,108.10 2,900,00 2,836.00 267.28 10,234.00 1,200,00 553,65 140,83 55.47 143.45 225.39 410,98 EXHIBIT" A" TO RESOLUTION #2004-161 Office Depot On Site Sanitation Oxygen Service Company PC Solutions Pod's Tire & Wheel, Inc, Porta Pot Sanitation Quill River Valley Printing Rose Floral Samaritan Tire Schuster Short Elliott Hendrickson, Inc, Sievers, Sherry Snyder's Spike's Shoe Repair Sprint SRF Consulting Group, Inc, State of MN Dept of Admin, Stillwater Courier Stillwater Equipment Company Stillwater Farm Store Stillwater Gazette Stop Stick Streicher's TA Schifsky & Sons, Inc, Tierney Brothers Uniforms Unlimited United Building Center Valley Tree Service Verizon Wireless Wally Carlson & Sons, Inc, Walmart Ward, Diane Washington County Assessment Washington County Transportation Wet-Tech Young, Theresa Yocum Oil MANUAL CHECKS JULY 2004 Aiple, Elayne Clark, Luann Nelson, Alden Office Supplies Unit Rental Lumberjack Days Compressed Oxygen Maintenance Agreement Vehicle Repair Unit Rental Lumberjack Days Office Supplies Business Cards, Tow Sheets Bedding Plants Tires Quarterly Utility Bills & Envelopes North Hill, Stage 3 Flood Control Park Deposit Refund Video Tapes Patch Pants Cell Phones Floodwall Design 2nd Quarter Surcharge Publication Accessories New Squad Cars Fertilizer Publication Stop Stick Silhouette, Training Asphalt Projector & Install Clear Acoustic Tube Sonotube Tree Removal Cell Phones Diesel Fuel for Gen-Set Supplies Standard Plates Yukon Record Deed Stop Light Repairs Chemical for Cooling Tower Cake Fuel Storm Water Pipe Easement Cleaning Public Works Facility Refund Credit Balance Utility Bill Page 2 "\. " . 316,38 583,00 73,01 48,00 145.42 105.44 86,91 204.48 606,01 415,16 1,150,22 3,240,33 50,00 12,31 36,00 57.47 4,507,76 11,059,20 174,80 8,161.07 10,95 132,64 751,70 209,27 63,90 7,130.60 127.64 377,01 325,00 223,70 397,73 160,74 9,25 26,15 355,74 566.77 35,00 1,782.71 . 30,000,00 210,00 51,50 . " . . . " EXHIBIT" A" TO R~SDLUTION #2004-161 Washington County License Center Xcel ADDENDUM TO BILLS Arcon Construction Co" Inc, Aspen Mills AWl Diversified Clark, Luann ClinNet Solutions Cummings, Ron Emergency Apparatus Equipment Supply, Inc, Fire Marshall Assoc, of MN Greene Implement, Inc, Hamernick Decorating Ikon Office Solutions Insight Jansens Cleaning Service Johnson, Ron Legislative Associates, Inc. MN Pollution Control Agency MN Sun Publications Owest Shorty Cleaner Territorial Springs, LLC Verizon Wireless Washington County Xcel Adopted by the City Council this 3rd Day of August, 2004 Page 3 Forfeiture Electricity, Gas North Hill Phase 2 Uniforms Black Iron Benches Cleaning City Hall Drug Screens Landscape Escrow Refund Repair Pump 6108 Maintenance Agreement Fire Code Training Box Scraper New Floor Maintenance Agreement Software Maintenance Agreement Oil Dry Legislative Services July, 2004 Application Fee North Hill Sewer Project III Lumberjack Days Telephone July Laundry Draw # 7 TIF Note Proceeds ( Final Draw) Cell Phone 2004 Assessment Fee Electricity, Gas TOTAL 13,50 9,696,80 553,240,90 227.46 4,750,00 434,62 240,00 2,903,00 2,108,15 891,00 360.00 2,078,35 2,670,00 909.48 152,06 775,00 23,22 3,833,33 240,00 229,00 38.48 85,15 73,755,00 225.66 80,230.95 6,262,36 858,846,17 . RESOLUTION NO. 2004-162 CITY OF STILLWATER WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION CORRECTING A SCRIVENER'S ERROR CONTAINED WITHIN THE BUDGET FOR DISTRICT WHEREAS, the Tax Increment Financing Plan for Tax Increment District No. 10 (the "Plan") was approved by the City Council on May 20, 2003 and a request was made to the County Auditor for Certification of the original net tax capacity of the District on June 12,2003; and WHEREAS, included in the Plan of May 20, 2003 was a budget setting forth expenditures and other financing uses ("OFUs") in a format required by the office of the State Auditor; and WHEREAS, subsequent to the approval of the Plan and after the Certificate of the original net tax capacity, and approval of the budget, it was discovered that the total budget . amount is $66,550,000 and not $66,300,000, and WHEREAS, it has been concluded that the error can easily be corrected and it is necessary for this corrective action to be taken. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That Section 3.11 of Tax Increment Financing Plan for Tax Increment District No. 10, entitled "Exoenditures and other FinancinQ: Uses (OFUs)", is modified by correcting the total of the budget amount column to read: $66,550,000. 2. That this action is permitted without notice and a hearing since the modification is not a reduction or enlargement of the geographic area of the District; an increase in the mount of indebtedness to be incurred, nor does the modification contain any other event that would require notice and a hearing as set forth in Minn. Stat. 9469.175, subd. 4. Enacted by the City Council this day of , 2004. CITY OF STILLWATER . Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk ~ I . LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2004-161 . 3-M Ace Hardware Action Rental Ancom Technical Center Applied Images Arch Wireless Aspen Mills AT & T Wireless Boyer Trucks Carquest Catco Century Power Equipment Clarey's Safety Equipment Clark, Luann Coca Cola Comcast Cub Foods DARE America Merchandise Express Photo Foremost Promotions Fred's Tire Galles GCR GFOA Hanson, David Heritage Embroidery Heritage Printing Interstate Companies, Inc. Johnson Radio Communications Kath Fuel Oil Lake Management Lakeview Hospital Linner Electric Lane Design Group, Inc, lockrem, Richard MacQueen Equipment, Inc, Magnuson Law Firm Martin, William E. Menards Minnesota Dept of Admin, Intertechnologies Napa Auto Parts Newman Traffic Signs Nextel Northwood Power Equipment . Sign Supplies Hardware Concrete Trailer Repair Radios Signs Pagers Uniforms Cell Phones Repair Vehicle Equipment Repair Supplies Equipment Repair Supplies Equipment Repair Supplies Inspection Extinguisher, Gasket Public Works Cleaning Concession Supplies Cable Supplies DAR.E. Supplies Processing Safety Books Tires Vacuum Cleaner & Towels Tires Membership Utility Refund Credit Balance Uniforms for Skating School Correction Notices Switch Grip Kenwood Mobile Radio, Cables Fuel Treatment Lily lake & Beach Area Blood Draw Repair Tennis Court Light, Sign Lights & Bulb Downtown Banner Program Liberty Village Plan Review Repair Parts Professional Service LElS Grievance Arbitration Maintenance Supplies June Internet Usage Equipment Repair Supplies Signs Cell Phones GT Echomatic 690,17 115,87 356,78 182,82 377,66 1,155,28 269,81 450,29 1,939,64 361,06 220,07 72.95 62,68 140,00 854,70 78,27 20.42 58,15 46,13 247,90 24.22 633.40 178,67 130,00 512.00 786,00 364,98 63,05 659,78 58,83 4,265,00 40,00 4,108.10 2,900.00 2,836,00 267,28 10,234,00 1,200,00 553,65 140,83 90,23 143.45 225,39 410,98 'f . . . ,. EXHIBIT" A" TO RESOLUTION #2004-161 Office Depot On Site Sanitation Oxygen Service Company PC Solutions Pod's Tire & Wheel, Inc. Porta Pot Sanitation Quill River Valley Printing Rose Floral Samaritan Tire Schuster Short Elliott Hendrickson, Inc, Sievers, Sherry Snyder's Spike's Shoe Repair Sprint SRF Consulting Group, Inc. State of MN Dept of Admin, Stillwater Courier Stillwater Equipment Company Stillwater Farm Store Stillwater Gazette Stop Stick Streicher's T.A. Schifsky & Sons, Inc, Tierney Brothers Uniforms Unlimited United Building Center Valley Tree Service Verizon Wireless Wally Carlson & Sons, Inc, Walmart Ward, Diane Washington County Assessment Washington County Transportation Wet-Tech Young, Theresa Yocum Oil Office Supplies Unit Rental Lumberjack Days Compressed Oxygen Maintenance Agreement Vehicle Repair Unit Rental Lumberjack Days Office Supplies Business Cards, Tow Sheets Bedding Plants Tires Quarterly Utility Bills & Envelopes North Hill, Stage 3 Flood Control Park Deposit Refund Video Tapes Patch Pants Cell Phones Floodwall Design 2nd Quarter Surcharge Publication Accessories New Squad Cars Fertilizer Publication Stop Stick Silhouette, Training Asphalt Projector & Install Clear Acoustic Tube Sonotube Tree Removal Cell Phones Diesel Fuel for Gen-Set Supplies Standard Plates Yukon Record Deed Stop Light Repairs Chemical for Cooling Tower Cake Fuel Page 2 316,38 583,00 73,01 48,00 145.42 105.44 86,91 204.48 606,01 415,16 1,150.22 3,240.33 50,00 12,31 36,00 57.47 4,507,76 11,059,20 174,80 8,161,07 10,95 132,64 751,70 209,27 63,90 7,130,60 127,64 377,01 325,00 223.70 397,73 160,74 9.25 26,15 355,74 566,77 35,00 1,782,71 I . . . " EXHIBIT" A" TO RESOLUTION #2004-161 Page 3 Adopted by the City Council this 3rd Day of August, 2004 , , . . . ~1 ~ : '~rater ~~ )j, >.. - y,~ -U"",I~IUi~ ~n..I.-s--~ -=::-''''",1''''''''~3 T H ;:;"~"'~"~",;l:-;: CEO F M INN E SOT A ~ REQUEST FOR INSTAllATION OF BANNER 1. ~ {.l~~ V /A ... t-() _ J .. ORGANIZATION lJU~ ~ ADDRESS /01 0. ~ :51. TELEPHONE L.(39-/</~ APPLICANT 2. 3, 4, ACTIVITY BEING PROMOTED BY PROPOSED BANNERS: ~~/~~ ) . ~: It; ;)tJ(J<f 5. BANNER LOCATION REQUESTED: o ~ o 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: --5{j a.D I () 4- - qj.m ()<f , 7. COMPANY INSTALLING BANNER: ~ T ~ ~ Address 17L1 \ ~ C:f.) W(jL Phone~C/7 - V<I</ .'. .-- ,. ., . .' ---..,- ... ,,-, . .'..' .....- . ... ...J=OROFFICE lJ.SE ONLY . .. ... ..tIl City.. . Date:... . . '. ... ,... . . .". "...., . TTI.Mh[)61" ..dt>~te: . , .'. -.... -.- ".-. . ...,-.- ... .' - ...,........'.... . . . ... .'.. ... . Il1stallerverification BANNER REQUIREMENTS ATTACHED CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 .. ~ . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director July 28, 2004 Zoning Amendment Rezoning Area Generally Bounded by 62nd Street North, Paris Avenue, Oxboro Avenue andTH 36 from Single Family Residential, RA, to Public Administrative Office, PA. City of Stillwater, applicant. Case No. ZAM/04-01 Background: After study of the Comprehensive Plan, proposed land use, existing land use and existing zoning, the Planning Commission held a public hearing on July 12, 2004 and recommends approval of zoning amendment for generally the Washington County Government site from RA, Single Family Residential, to PA Public Administrative Office (see rezoning map). The change is consistent with the proposed land use of the Comprehensive Plan (see proposed land use map) and supported by Washington County. Recommendation: Approval of zoning amendment ZAM/04-01 (first reading ordinance) Attachments: Staff report and minutes CPC 7-12-04 C/I-yp~ Jrll/~;' , 2Arn.//Jl./-l /Y1./J-fi , 1,.i!.T.1 I.... i.i, T-t 1.-: leT 'I""'" ~r~~h- i ~j ;d+H ~ J-i[Llri1i'if~ ;.i '. : .'.: :~ ~ :.' :.1 :. i. i.,.' i--e- 'i ' i ~ c( ,:,! : ::K' : ~P~:.~.,. ~~~D... S~R~~ ~~:H... i ~ i ... ; .,. ': i i -r I :: ]r~f.i?lli1-t~~'r!}{if:jf l'B~W'I~~~~ =1~ 11,fl1:iiJ"@ -, :.,..., '..: i., ,.; i.: ~'\..')..'. ;;rf.:.i I.. ,.1.,., . -rer I ! ( ; ! ; ! ~ ! ; ; ~ , !\ r i I i ~ ; : ! I j I' r' , 62NO ,., 5-rREe;" \ . NUt{1 H J: .... , i-, ;= I \.~ I X I. :i.'-. .o!. .~.I.I I gj-l..~'~.-II~-I.:.:,,,. .' , z'-"'~' 0 - o , ' . ~ ~ I II.. -'P-' Z I ...::, . -1-.-11. ,--0 1---, i -- .., ...~i'. :~~( .~ . c( I. t+f \ 'I 1- .... 1- ;'-.- I UPPER 61ST \. ' STREE' . 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The<tawlngWlolAdbtuwdbr,."""not pl.JJlO$4\IonI!f.W.shi'lgtonCOu't\o'i.nol R1$p01lSrbI&b1&1l)1~ti" Sourte:WiKhlnglonCQU{t)oSl.rveyor'tOtllee Phr:lne(1l5IJ~87S PMl8Idal8OllSectonAS400lr\fOmIdIon amlftl'r'ool)ltMey31.2004 Mllp~lId;..uv28.2OO$ Washington --=- --.~ County r--~ .. Board of Commissioners' May 25, 2004 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 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 Compre~ensi~e Plan to "implement the land use plan by zoning lands consistent with the land. '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. Sin0i /1!J;jZZ//4 RA~taffor;( Chair ,/...j Washington County oard of Commissioners .c Washington Board of Commissioners Jim Schug, County Administrator Larry JIansen, Administrator, City of Stillwater . ..-steve 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 · 1TY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity I Affirmative Action , y / . . . Memo To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director June 30, 2004 Rezoning from Single Family Residential, RA, to Public Administration, PA, City Lands South of North 62nd Street between Oxboro and Paris. Case No. ZAMj04-01. This item was previously reviewed and recommended to the City Council for zoning amendment on May 7, 2004. On June 15,2004,the City Council reviewed the request and agreed with the Planning Commission rezoning recommendation and referred the request back to the Planning Commission for pubic hearing. Since the Planing Commission review (5-17-04) a letter of support for the rezoning has been received from Washington County. The attached map shows the Comprehensive Plan Land Use designation for the site as Administrative Office. The proposed Public Administration Office, PA, zone district is consistent with the Comprehensive Plan Land Use designation and existing land use. Recommendation: Approval of rezoning. Attachments: Proposed zoning amendment application. CPC Action on 7/12/04: +7-0 approval ~ , -. City of Stillwater Planning Commission July 12, 2004 . Present: Robert (Jag, Chairperson, Mike Dahlquist, Dave Middleton, David Peroceschi, Karl Ranum, Paul Teske and Darwin Wald . Others: Community Development Director Steve Russell Absent: David Junker and Jerry Turnquist Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Ranum, moved approval of the minutes of June 14,2004; motion passed unanimously. A oning Map Amendment changing the zoning of the area south of a by North 62nd Street, Paris Avenue and Oxboro Avenue, from Single Faml y esiut::wia ) to Public Administrative Office (P A). Human Services Inc. and the City of Stillwater, applicants. Robert Butler, CEO of Human Services Inc., informed the Commission that Human Services has withdrawn its request for a PUD and rezoning, and HSI is not the applicant. . Mr. Russell briefly reviewed the land use study of the area and the Commission and City Council's earlier actions on the rezoning. Mr. Ranum moved to approve the Zoning Map Amendment, noting that Human Services Inc. had withdrawn its request and was not an applicant. Mr. Wald seconded the motion; motion passed unanimously. Case No. SUP/04-45 This case was withdrawn. Case No. V/04-47 Modification to the master sign plan and variance to the sign regulations for an electronic reader board sign at 1250 Frontage Road, Valley Ridge Commercial Center, in the BP-C, Business Park Commercial District. Steve Pajor, South Metro V, LLC, applicant. The applicant was not present. Mr. Middleton noted that there are several other reader board-type signs in the area. Mr. Ranum noted that such signs are against the ordinance. Mr. Peroceschi moved to deny the request. Mr. Ranum seconded the motion. Motion passed 6-1, with Mr. Peroceschi voting no. Case No. SUB/04-53 A resubdivision to combine Lots 17 and 20, County Auditor's Plat #3, into one lot of 26,388 square feet at 711 and 713 N. Third St. in the RB, Two Family Residential. District. Jon Ludwig, applicant. 1 \. ,~ l,~_~. . Vie 110.a ldL 11 To: From: Date: Subject: Mayor and City Council .. Steve Russell, Community Development Director ,~ July 30, 2004 Appeal of Planning Commission's Denial of Request for Variance (spacing) for New Bed and Breakfast at 416 4th Street South in the Duplex Residential District. Andrew and Linda Sigl, applicants. Case No. SUP/V /04-62. Background. The Planning Commission reviewed the variance for the bed and breakfast at their meeting of July 12, 2004. The Heritage Preservation Commission reviewed the request for historic preservation concerns and found the request consistent with the bed and breakfast design requirements as to age, residence size and parking (see HPC 7-7-04 staff report and minutes). A variance to the bed and breakfast regulations is necessary because the proposed bed and breakfast, 416 S 4th Street is closer than 900 feet from the Ann Bean Bed and Breakfast at 319 W Pine Street (see attached map). . The proposed bed and breakfast is approximately 550 feet or two blocks from the existing closest bed and breakfast. Rivertown Inn at 306 W Olive Street is also in the neighborhood. The Planning Commission reviewed the request and heard testimony from; Howard Lieberman indicating the residence was a good candidate for a bed and breakfast from the Heritage Preservation Commission's view, and neighboring residences concerned about additional commercial intrusion into the residential character of the neighborhood. Concerns were expressed for parking, lights, negative impact on area property values. One Commissioner was on the original task force that developed the Bed and Breakfast Ordinance and felt the 900 feet, 3 block separation limit was a key to allowing bed and breakfast's and their commercial nature (more parking, coming and going) while maintaining the residential quality of neighborhoods (see attached Planning Commission Minutes). Besides bed and breakfast's, Commissioners expressed concern for the impact of church, hospital, school and traffic growth on the residential character of city neighborhoods. Recommendation: Decision on appeal. Attachments: Letter of appeal, 7-16-04, CPC Staff report and minutes, 7-12-04 HPC staff report and minutes, 7-7-04. . /~- , ~~_IfJ!... (?2 ~ r, \ \<JJ 2 \<JJ 3 (0094) \<JJ 4 (0095) I ~ ?r;j) (0004) ?r;j) \<JJ 1 \<JJ2 (0077) 't! \ -- ,-' ...... ~ 4;:) ~- \50 \ \ \<JJ \ 3 )wB~'S \ \<JJ 4 \ , 1 \<JJ 5 (0076) \ 6 (0055) 10 \<JJ S\~ \<JJ 9 \50 (0&9) \<JJ 6 .>\ ~ ---- ~ (0062) \ ',...------- ----- \ \5<l--------- /_6/ Location Map /-f/; (0009) ~ (0072) -~ . ~~,w_~: T:!8N R22W JUtW R20W Vicinity Map \' --.. o 102 Scale in Feet Thisdrav.Wtg.I~=::C::::: 8nd~w~~ ;:e:rraMlll~==~lllnd ~:tM'f~' =wMhlnOlonCouNylulWyor".Off_. l"Iw;lMi65')~~~ P8nl8l::'_31,2004 :;:m~..: Mt3D.2004 . City of Stillwater Heritage Preservation Commission July 7,2004 chips; that there be no additional lighting; and noting for the record that outdoor booth space requires a Special Use Permit. Mr.. Eastwood seconded the motion; motion passed un~mously. Case No. DR/04-43 Design review of a potential bed and breakfast at 416 S. Fourth St. Diane Hark, representing the applicants. Andrew Sigl, applicant, was present. The request is to operate a 5 bedroom B&B. All five guestrooms will be located on the second floor; the Sigls (Mr. Sigl and his wife, Linda) will occupy the third floor. Mr. Sigl briefly spoke of some of the initial improvements they are planning. Mr. Lieberman noted the property is within 900 feet or a three-block radius from an existing bed and breakfast, which according to the city's current ordinance will require a variance. The variance request was to be heard by the Planning Commission on July 12, he noted. . Ms. Fitzgerald stated the property meets all other requirements for a B&B, including the number of original bedrooms, square footage of the home and property. Guest parking can be accommodated on site. Ms. Fitzgerald said based on the square footage of the structure, the city building official has determined that the structure will not have to be sprinkled. Mr. Sigl said Ms. Hark had informed the applicants that one neighbor has expressed a concern about a potential nuisance from car headlights. Mr. Sigl said if that is an issue, they would be willing to extend the existing solid wooden fence to eliminate that concern. Mr. Eastwood spoke of the suitability ofthe site, located in an area of primarily institutional use. He also suggested that it is the mission of the HPC to preserve the city's historic homes by allowing B&Bs. . Mr. Lieberman agreed, stating that if part of the Heritage Preservation Commission's mission is to preserve the finest homes in Stillwater, one wonders if the city's current ordinance best meets the need to preserve old homes. He pointed out there has not been a proliferation of B&Bs in marginal homes. He said he would be "disappointed" if, because of the 900 feet requirement, the ordinance will preclude thebest use of one of the city's finest homes. Mr. Johnson moved to approve the requested B&B use, citing the uniqueness of the site which makes it well suited to a B&B use; acknowledging that the 900 feet issue is to be reviewed by the Planning Commission; indicating for the record that there is an existing conservancy easement on lot 4 and a portion oflot 5 which precludes any further develvpment of that portion of the site; and with the condition that the applicants return to the Heritage Preservation Commission with details regarding parking, lighting and signage. Mr. Lieberman seconded the motion; motion passed unanimously. 4 City of Stillwater Heritage Preservation Commission July 7,2004 . Mr. Eastwood asked Councilman Gary Kriesel, who was in attendance, how the Commission should proceed if it wishes to reconni1end that the existing B&B ordinance be reviewed for possible changes. Mr. Kriesel suggested starting with City Administrator Larry Hansen. Case No. DR/04-44 Design review of outdoor storage for office/warehouse located at 1775 Industrial Blvd. Joe Peltier, applicant. The applicant was not present. Ms. Fitzgerald stated Mr. Peltier has re-acquired this parcel and is proposing to fence it. As proposed the top half of the fence would be green, with the lower half a tan color. Mr. Johnson suggested it would be more appropriate to reverse the colors so as to match the adjacent fence and building. Mr. Johnson moved approval with the five conditions of approval, with the additional condition that the lower half of the fence be green and the top half tan to match the adjacent building and fence. Mr. Eastwood seconded the motion; motion passed unanimously. Other items: It was agreed to meet with the Historic District Committee of the Greater Stillwater Chamber of Commerce. at 6:30 p.m. prior to the August meeting to discuss the downtown . banner/beautification issues. Mr. Lieberman, seconded by Mr. Eastwood, moved to adjourn at 8:30 p.m.; motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary . 5 . . . City of Stillwater Planning Commission July 12, 2004 Mr. Teske moved approval as conditioned. Mr. Peroceschi seconded the motion. Mr. Dahlquist said he was not sure he wanted to tie approval to the requirement to combine 'the lots. Motion. passed 5-2, with Mr. Dahlquist and Mr. Ranum voting no. Case No. SUP/04-62 A special use permit for a five-guest Bed and Breakfast at 416 S. Fourth St. in the RB, Two Family Residential District. Dianne Hark, representing Andrew and Linda Sigl. , Linda Sigl was present. She briefly reviewed some of the initial improvements they planned to make to the home. She stated an existing wooden fence on the west and south of the property would be extended to avoid any nuisance with car headlights if that is of concern to neighbors. Guest parking would be on site, she said. Richard Kilty, who lives at 118 W. Oak and owns the property at 424 S. Fourth Street, objected to the request. Mr. Kilty's primary concern was with the "abuses" of the Special Use Permits granted to other B&Bs in the neighborhood such as the Rivertown Inn, which started as a three bedroom facility and now has nine units, and the Ann Bean Mansion, which now has a wine license and a license to host special events. He pointed out the property in question in 600 feet from the Rivertown Inn and 500 feet from the Ann Bean Mansion, and the ordinance requires a minimum of 900 feet distance. Howard Lieberman, chair of the Heritage Preservation Commission, spoke in favor of the request. He noted the HPC analyzes a house from an historical perspective to determine if it is appropriate for a B&B use. The home in question meets all criteria, he said. Mr. Lieberman stated the city's B&B ordinance was enacted as a way of preserving the "grand old houses" of Stillwater, and he said he would rather see this home used as a B&B than a boarding house or falling into disrepair. He also stated the HPC thought this site was uniquely appropriate to a B&B as it is located in an area of primarily institutional use with few single-family residences. Mr. Ranum asked why the 900 feet requirement was part of the ordinance. Mr. Lieberman stated the intent was to prevent having a B&B "district." It was not to protect existing B&Bs llVUl competition, he said. And, he noted that there has not been a huge proliferation in the number of B&Bs. Mr. Russell noted that in addition to preserving historic structures, the ordinance was intended to maintain a balance of neighborhood character. The resident of 404 S. Fourth St. spoke against the proposal. She noted there are a number of B&Bs on the market now. She expressed a concern about traffic and the impact on the value of their home. Michael Bowman, 210 W. Oak, also cited a concern about potential parking problems. 6 City of Stillwater Planning Commission July 12,2004 . Richard Huelsmann, a resident of 62nd Street North in Stillwater, representing St. Mary's Church, spoke against the proposal. He suggested that changing single-family residence to a ' B&B changes the character of the area. He also noted that when the Ann Bean B&B hosts special events, guests often use the church parking lot creating a problem. Mr. Ranum and Mr. Teske noted that the economics have changed and historic preservation in, not an issue any more. The separation issue is important, Mr. Ranum stated, and Mr. Wald agreed that was a strong enough reason for denial. Mr. Teske moved to deny the special use permit. Mr. Wald seconded the motion. Mr. Peroceschi said he thought the location was an ideal site for a B&B.Mr. Dahlquist suggested the ordinance ought to be changed rather than granting variances if the 900- foot requirement should be eliminated. Motion to deny passed 5-2, with Mr. Middleton and Mr. Peroceschi voting no. Case No. SUP/04-63 A special use permit for an outside storage area at 1773 Industrial Blvd. In the BP-I, Business Park Industrial District. Joe Peltier, applicant. Mr. Peltier was present. He stated the Heritage Preservation Commission wants the property fenced and that the fence be similar to the adjacent building. He said at most the fence would be in place for two years. He also noted that outdoor storage is.anapproved use in the BP-I district. . Mr. Ranum said he was not in favor of outdoor storage. Mr. Teske noted that UBC and others in the district have outdoor storage, but he agreed that a 6-foot fence is inadequate. Mr. Teske said he would like to see what the fence would look like. Mr. Ranum, seconded by Mr. Teske, moved to deny the special use permit. Mr. Middleton noted that the site is located in an industrial area. Mr. Ranum then withdrew his motion. Mr. Teske, seconded by Mr. Wald, moved to continue the case until the August meeting to give the applicant time to develop a more concrete proposal. Mr. Peltier noted he is requesting a special use permit for an approved use. He stated he would rather have the Commission approve or deny the request. Mr. Teske then withdrew his motion to continue the case. Mr. Ranum reintroduced his motion to deny. Mr. Teske seconded the motion. Motion to deny failed 2-5, with Mr. Ranum and Mr. Teske voting in favor. Mr. Middleton moved to approve as conditioned, adding wording to condition No. 5 that the fence design match that of the fence to the south, with staff to review the proposed fence, and also adding review by staff to condition No. 6 regarding landscaping plan. Motion passed 5-2, with Mr. Ranum and Mr. Teske voting no. . 7 . Linda and Andrew Sigl 1506 Golf Club Road, Wausau, WI 54403 July J 6, 2004 Historic Preservation Commission and Planning Commission c/o Ms. Sue Fitzgerald City Hall 216 N. Fourth St. Stillwater, MN 55082 Regarding: Request for Appeal of Decision of Planning Commission Decision of July 12,2004 regarding Proposed use of 416 4th St. South as a Bed and Breakfast Inn (B&B) Dear Ms. Fitzgerald: We wish to appeal the decision of the Planning Commission to deny our request to operate the above property as a B&B. We understand the City Council would review this appeal at their first meeting in August 2004. . If you have any questions regarding this letter, Linda can be reached at 715-675-6168 or Andrew at his office at 651-636-6468. Sincerely L~wif 1506 Golf Club Road Wausau, Wi 54403 715-675-6168 . 1 PLANNING APPLICATION REVIEW FORM CASE NO. SUP IV 104-62 . Planning Commission Date: July 12, 2004 Project Location: 416 South Fourth" Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Andrew and Linda Sigl Type of Application: A special use permit for a five-guest room Bed and Breakfast and a variance to the Bed and Breakfast Ordinance requiring 900 foot distance between B & B's. Project Description: The request is to convert an existing single family residence, the Hersey Mansion, into a five guest room bed and breakfast. As indicated in the application, the proposal use does not meet the separation requirement of 900 feet for bed and breakfasts. The Ann Bean Mansion is within the 900 feet ordinance. The City received a similar request for a residence in 2002 that was within the 900 feet of another B &8. That was the Lammers House, which was approved by Council. . The applicant states in the attached letter that he and his wife will occupy the third floor. The property meets all other requirements for B & B's, including the number of original bedrooms, square footage of the home and property. Guest parking can be accommodated on site. This application was reviewed by the Heritage Preservation Commission and approved as meeting the criteria of a bed and breakfast and as a way of preserving large old historical homes in Stillwater, see attached 7/7/04 HPC minutes (not approved yet). The Heritage Preservation Commission does not review variances. In conclusion, the house is an excellent example of an historic Stillwater residence. However, it does not meet the separation requirements for bed and breakfasts. The reason for the requirement is to limit the commercial impact of bed and breakfasts on residential neighborhoods. Conditions of Approval: 1. The Special Use Permit is not transferable. New property ownersl managers shall require a new Special Use Permit. 2. The manager of the residence shall live on the site. . 3. Before use as a Bed and Breakfast, the building and cooking facilities shall be . . . approved by the County Health Officer, Fire Marshall and City Building Official and a Certificate of Occupancy received by the Community Development Director. 4. Aparking lot shall be constructed on-site. One parking space for each guest room shall be set aside and marked "FOR GUESTS ONL Y". Additional spaces shall be available for owners use. 5. If provided, dining facilitiesforbreakfast shall be available to registe'red guests only (not available to the general public). 6. No liquor shall be sold on the premises. 7. One four square foot sign is allowed on-site consistent with the architectural character of the building (maximum height four feet). 8. Adequate pedestrian scale lighting shall be provided between the inn and parking area and not shine on adjacent residences. 9. No general external lighting of the site that may impact the surrounding residential area is allowed. 10. The Bed and Breakfast use permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the Bed and Breakfast use are received by the Community Development Director. 11. Any modifications to the home, including additional bathrooms, shall be reviewed by the Heritage Preservation Commission upon receipt of plans by the Stillwater Building Official. 12. The applicants must apply to the HPC and Planning Commission for a Special Events Permit. Recommendation: Denial. Findings: Another Bed and Breakfast is located within three blocks (900 feet) from another Bed and Breakfast. Attachments: Application form, letter from applicant, MLS Listing, Aerial map/7 /7 /04 and HPC meeting notes HPC Action: July 7, 2004 - Approved B &. B Concept +4-0 CPC Action on 7/12/04: Denied 6:'2 ~. .... ,., PI~NNING ADMINIS'. AATION APPLICATION FORM Case No: 8JP/II/~~ Date Filed: Fee Paid: Receipt No.: -= COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STillWATER 216 NORTH FOURTH STREET STIllWATER MN55082 ACTION REQUESTED \/ Special/Conditional Use Permit Variance Resubdivision . Subdivision* Comprehensive Plan AmendmE Zoning Amendment* , Planning Unit Development * Certificate of Compliance 'Y ,~ 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 supporting material will delay the application process. PROPERTY IDENTIFICATION . s~ .I.f/j - gf- ~ Assessor's Parcel No. 1'- , . - -J-... .. (GEO Code) Description of Projecl (1 A-tI MA / t:::J ili; j)-4 ~.R _ .idii:- Wo . -1-IJP"+ S:>U~ "/ hereby state the foreg ing statemen and all{Jata, information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and corrx;:e. / further certify I will comply \ the permit if it is granted and used. · .rJ! Property Owner :Jo If AI /! AJZf_u . Representative .:> <-;!/I./I{l!.J- Mailing Address 'if /,. cf. tf.1 Sr ..s Mailing Addres~~4 s: .~}...J if; City-State-zi;sfdrki~~e{ J./N $Mz. Cfty-Sta~~q),,1bJ.~ Telephone No.. ~-rr sS1 I g-'Z.3 Telephon No.t6L~..., _ Signature (~ ~ Signature . ~ CJ p.'CSignature is ~qUired) (Signatur~ is required) Address of Project-1!& Zoning District lot Size (dimensions) _ x land Area Height of Buildings: Stories Principal Accessory SITE AND PROJECT DESCRIPTION Total Building floor area squaret Existing square feet Feet Proposed square feet Paved Impervious Area square feet No. 'of off-street parking spaces H~\mOlamara\sheila\PL:ANAPP.FRM May 1, 2003 \ . ~---' /~/> '22 ,<J> .., . ,<J> . Location Map T~ J ou I :+~-rR-~~, o u I .. " R2IW R10W RJ 9W Dwl q~ DINI. DIN YOU Ak HERIi' . l.:l\J,~ DON T:!9N T:!9N nSN T'..8N T:!m R22W R2IW R10W Vicinity Map o . 196 Scale in Feet ~ .lherMUK aI.com:::; ===~=:;:C:::~- TlMod~~:':n;ton~Iy.M ~""aranr~ =W.-hinglonCOWlly~.orr- F'I1cM ISli1) 430-6875 . AS4QOinl'llnMI_ =:=~~ ..printed: Linda and Andrew Sigl 1506 GolfClllbRoad, Wallsall, WI $4403 . July 2) 2004 . Historic Preservation Commission and Planning Commission clo Ms. Sue Fitzgerald - Cuy llall 216N. Fourth St. Stillwater, MN 55082 Regarding: Proposed use of 416 4th St. South as a Bed and Breakfast Inn (B&B) REOUESTED USE: This application is 'submitted to request a special use permit to operate the above property located in the City of Stillwater as a B&B with five guest bedrooms on the second floor according to the requirements of the rules and regulations of the City of Stillwater. According to the detail listing prepared by Coldwell Banker Burnet and published on their web site, the home has 6,000 square feet of above ground finished area. The lot size . is 150 deep and 235 of street frontage on 4th Street South. A purchase ~greement has been entered into between the current owners of the property and Andrew and Linda Sig! subject to obtaining approval from the City of Stillwater to operate a five bedroom B&B facility at the July 2004 mWUtg-q. Linda and Andrew wish to operate the proposed property according to the community guidelines and restoration guidelines d~lc;llJ1ine(i by the hi storie VI ~~ervation commission. They will make the property their JII~al residence. ,IMPACT ONB&B cnMMUNITY and DOWNTOWN BUSINESS DISTRICT: . 1"-'. _M... _ __. __ ~_' ~ ...._........!!_._.__ _._..__...,....__._ . The residence is locatedwitbin a sbortwalking'distance of downtown Stillwater. This would encourage walking tOUfsand downtown patronage. We understand one of the homes in Stillwater which had been licensed as a B&B was .c;vc,l.lly sold andwiU notbe operatedasa B&B by the new owners. The aYVNval of1his appJj~tj9.1J wilJ Ilpt m!lt~lJy ~~ ~ p.~Jm9~r !>fJW~D~l!>pm~~ wID m ~ establish a B&B closer to the downtown business district. This property is very well maintained. It is very physically visible and is a scheduled stop for the Stillwaterirolley tour, 10 include a dialogue on the home's rich history. We . believe the location and visibility of the home se will be factors contributing to the success of the property as a B&B which will ultimatelybea positive ;UlP:yad: on the area. 1 . EXPECTED IMPROVEMENTS to the PROPERTY: This property has'~ impeccably maintained and we are committed to continuing with that tradition of maintaining its. mstorical ~ignificance and integrity wmle still operating it as a B&B. For example, as we were viewing the property, we noticed an original photo of the home. . As we examined that photo with our realtor, we noticed two second floor balconies which had been located on the second floor over the front porch and one on the south side of the home. At this point, there are only fiat platfvuns in those (U~. As time pc.w~lS, and with the permission of the appI vpriate autlnn ;t;es, we would intend to reconstruct them. We plan to add three guest bathrooms and renovate the two bathrooms currently on the second floor. In addition, we would intend to convert two wood LuU~llg fireplaces on the second floorto gas and add a gas fireplace to the otherthree guest rooms. We intend to live on the third floor and remodel that area to suit our needs. This would involve the addition of at least one batlrroom. We expect to reconfigure the interior space so the five windows bays on the third floor would allow natural sunlight into the living area. The current wall configuration only permits sunlight from two of the five windows. The cement sidewalk approaching the front steps is in need of repair. We intend to remove the concrete and replace it with a new sid,,;;walk. . IMPACT ON NEIGHBORING PROPERTIES We intend to openrte the' B&B ~s good neighbors. We believe this property's use as a B&B will not have adverse impacts on the neighbors. In fact, we believe we will be able to operate it so it is mostly unnoticeable that it has much more activity than a private home. The lot dimensions are 235 feet by 150 feet deep. This provides a significant buffer to others. The south and west sides of the lot are surrounded by a solid wood fence approximately five feet high. Neighbors on those sides of the property are a residential rental property to the south and the Catholic church to the west (back side of the property). The front of the lot facing 4th Street South is bordered by a row of shrubbery running the entire lot line with the exception of the driv,,;;waj entrance on the north edge of the lot. Due to the height of the shrubbery and elevation of the lot it would seem to be difficult to see parked cars Hvm the Toad. Aerossthe street is a municipal parking lot. . There is an owner occupied residence on the north edge of the lot line. We would request permission to place a sign on the I'lvperty consistent with those found on existing B&B's in the City of Stillwater. We would most likely want to place the si,gn along the rock wall on 4th Street near the steps which would lead to the hvul porch or at 2 the entrance to the driveway. We would also like to light the sign as is currently customary among the B&B's in Stillwater. . PARKING The property has it blC).ckto~ circular drlv~ay emeringtheproperty on the north side of the lot. We believe there is sufficient room to reconfigure the driveway and some area currently planted in lawn to easily accommodate the vehicles the guests arrive in. As noted in the "Impact on Neighboring PropertiesU section of this letter, we believe we will be able to accommodate guest parking so it is mostly unnoticeable that it has much more activity than a private home. The only other modification which may be desirous is some path lighting so guests are able to follow a lighted path to the home in the evening. We would envision that these. would be in the fonn of low voltage lights which would not be intrusive on neighbors. CLOSING We look forward to the appropriate approvals to ol'"u.le the property as a B&B. We are excited about the prospects of becoming a part of the Stillwater community. We have lived in Wausau for 31 years and in our CUll "lit home for almost 29 years. When we made our decision to move to the ar~ we assessed several communities and felt that the . ,quality of life whichStillwaterbad to offer was what we were looking for. With . approval to operate the property as a B&B, we will become good citizens of Stillwater for a long time, just as we have been good citizens ofWausau for the past 31 years. Andrew will attend the HPC meeting on July 7. Due to a previous commitment, he will be unable to attend the Planning Commission m",,~~:.g on July 12. Linda win attend the Planning Commission meeting the evening of July 12. If you have any questions regarding this letter, Linda can be reached at 715-675-6168 or Andrew at his office at 651-636-6468. Sincerely Linda and Andrew Sig! 1506 Golf Club Road Wausau, Wi 54403 115-615-6168 . 3 Coldwell Banker Burnet I Printer Friendly Listing . BURNET Agent: Dianne (Di) Hark 651-430-7717 , . Q1'1t!grk@cbbJ.JrJ],et,-<:~Qm 416 4th Street South STILLWATER, MN 55082 Price: $879,900 STYLE: More Than Two Stories MlS#: 2269971 Beds: 5 Baths: 3 Sq Ft: 6000 School District: 834 - STILLWATER . INTERIOR FEATURES: Room Information: Bedroom1: UPPER 16x17 ft Bedroom2: UPPER 16x17 ft Bedroom3: UPPER 14x18 ft Bedroom4: UPPER 12x12 ft Dining Room: MAIN 16x23 ft Kitchen: MAIN 14x25 ft Living Room: MAIN 16x18 ft Family Room: MAIN 16x18 ft Fifth (5th) Bedroom: UPPER 14x18 ft Office: MAIN 13x14 ft Additional Interior Features: Full Bathrooms: Number of Full Baths: 2 Number of 1/2 Baths: 1 Bathroom Locations: Upper Level Bath Family Room Description: Main Level Dining Room Description: Separate/Formal Dining Room . DIRECTIONS Pine St to S 4th, N to Home Page 1 of2 For mortgage pre-approval or customer service call (952)820-HOME (4663) or e-mail usatcustomerservice@cbburnet.com EXTERIOR: Remarks:Exceptional Victorian! Stunning decor compliments original architectural elements. New custom kit & butler's pantry. Granite counters, cherry cab. Truly one of Stillwater's finest private residences. Home on Nat'l Reg. Foundation Size: 2400 Sq,Ft. Year Built: 1881 Exterior Type: Wood Garage: 2 Above Ground Square Feet: 6000 Sq.Ft. Finished Area: 6000 Sq.Ft. LOT FEATURES: lot Dimensions: 235x150 lot Description: Acres: 0 Restrictions: Road Frontage: City, Paved Streets lake / Waterfront: lake / WF. Name: Mechanical: Cooling Type: None Heating Delivery: Steam Fuel Type: Natural Gas, Oil Sewer Type: City Sewer - Connected Water Type: City Water - Connected FINANCIAL CONSIDERATIONS: Listing Price: $879,900 Assessment Pending: No Assessment Balance: 0 Tax Amount: $5,011 Tax Year:2004 http://www.cbburnet.comIPrinterFriendly .asp ?PropertyType=sfct&mlsnum=2269971 7/712004 . . . Memo To: From: Date: Subject: Mayor and City Council ;j .-' Steve Russell, Community Development Director Ie.---- July 30, 2004 Appeal of Planning Commission's Denial of Sign Request for Electronic Reader Board. Case No. Vj04-47 Background. The Planning Commission reviewed the request for an electronic reader board sign at their meeting of July 12, 2004. The application before the Commission was a request to modify the Master Sign Plan for Valley Ridge Commercial Center and a variance to the City Sign Ordinance for a reader board sign. Reader boards advertising businesses are not allowed. The Planning Commission denied the variance request. The Heritage Preservation Commission determined the request is against City design guidelines. Recommendation: Decision on request. Attachments: Letter of appeal, 7-19-04, Planning Commission staff report and minutes, 7-12-04. City of Stillwater Planning Commission July 12, 2004 . Present: . Robert Gag, Chairperson, Mike Dahlquist, Dave Middleton, David Peroceschi, Karl Ranum, Paul Teske and Darwin Wald ' Others: Community Development Director Steve Russell Absent: David Junker and Jerry Turnquist Mr. Gag called the meeting to order at 7 p.m. Aooroval of minutes: Mr. Wald, seconded by Mr. Ranum, moved approval of the minutes of June 14,2004; motion passed unanimously. Case No. ZAM/04-01 A Zoning Map Amendment changing the zoning of the area south of North 62nd Street, bounded by North 62nd Street, Paris Avenue and Oxboro Avenue, from Single Family Residential (RA) to Public Administrative Office (P A). Human Services Inc. and the City of Stillwater, applicants. Robert Butler, CEO of Human Services Inc., informed the Commission that Human Services has withdrawn its request for a PUD and rezoning, and HSI is not the applicant. . Mr. Russell briefly reviewed the land use study of the area and the Commission and City Council's earlier actions on the rezoning. Mr. Ranum moved to approve the Zoning Map Amendment, noting that Human Services Inc. had withdrawn its request and was not an applicant. Mr. Wald seconded the motion; motion passed unanimously. Case No. SUP/04-45 This case was withdrawn. Case No. V/04-47 Modification to the master sign plan and variance to the sign regulations for an electronic reader board sign at 1250 Frontage Road, Valley Ridge Commercial Center, in the BP-C, Business Park Commercial District. Steve Pajor, South Metro V, LLC, applicant. The applicant was not present. Mr. Middleton noted that there are several other reader board-type signs in the area. Mr. Ranum noted that such signs are against the ordinance. Mr. Peroceschi moved to deny the request. Mr. Ranum seconded the motion. Motion passed 6-1, with Mr. Peroceschi voting no. Case No. SUB/04-53 A resubdivision to combine Lots 17 and 20, CountyAuditor's Plat #3, into one lot of 26,388 square feet at 711 and 713 N. Third St. in the RB, Two Family Residential District. Jon Ludwig, applicant. . 1 . ~ 31-1 . ~(6) . STILLWATER CODE square feet of advertising surface may be erected on the project' site. ' For projects of 26 through 50 acres, one or two signs not to exceed 200 aggregated square feet of advertis- ing surface may be erected. For projects over 50 acres, one, two or three signs not to exceed 300 aggre- gate square feet of advertising sur- face may be erected. No dimension shall exceed 25 feet exclusive of sup- porting structures. The sign may not remain after 95 percent of the project is developed. The permit for the sign must be renewed annually by the city council, and must be bordered with a decorative material compati- ble with the surrounding area, If the signs are lighted, it must be illumi- nated only during those hours when business is in operation or when the model homes or other development are open for conducting business. j. No sign permit is required for win- dow sign age that does not cover more than one-third of the total area of the window in which the sign is displayed. Prohibited signs. The following signs are prohibited in all zoning districts: a. Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traf- fic control device. b. Any sign that contains or imitates an official traffic sign or signal, ex- cept for private, on-premises direc- tional signs. ' c. Off-premises advertising signs ex- cept as r ed bv this su sio / Any sign that moves or rotates in- cluding electronic reader board signs, except approved time and tempera- ture information signs and barber oles. e. No ;:IY rlic;:p moving parts, be illuminated with any flash- CD31:72 . ing or intermittent lights or may be animated, except time and tempera- ture information. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. f. Roof signs. g. Any sign with banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices, except where used for noncommer- cial purposes or as part of an ap- proved sign plan. h. Portable signs including signs with wheels removed, attached tempo- rarily or permanently to the ground. Signs mounted on a vehicle for ad- vertising purposes, parked and visi- ble from the public right-of-way, ex- cept signs identifying the related business when the vehicle is being used on the normal day-to-day oper- ations of that business. Hot air or gas filled balloons or semi truck um- brellas used for advertising. i. Signs painted directly on building walls unless approved by sign per- mit. j. Illuminated signs or spotlights giv- ing off an intermittent or rotating beam. k. Revolving beacons. beamed lights or similar devices. I. Signs supported by a guy wire. m. No sign may be erected, placed or maintained by any person on rocks. fences or trees. n. No sign may be erected that will interfere with any electric light. power, telephone or telegraph wires or the supports thereof. o. Graphic design signs unless ap- proved by sign permit. . . . July 19,2004 Susan Fitzgerald City Planner City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Ms. Fitzgerald: We'd like to appeal the Planning Commissions recent denial of our proposed reader board submittal for Valley Ridge. We understand this can be heard again at your next meeting on August 3. Please confirm that this date is correct. We look forward to reviewing this application with you. If you have any questions, in the meantime, please call either Kriss Novak at 612-759-6160 or Steve Pajor at 612-332-1223. . Sincerely, ~ /~2ajor / SouthMetro \I, LLC c.c. Kriss Novak . . . . PLANNING APPLICATION REVIEW FORM CASE NO. V 104-47 Planning Commission Date: July 12, 2004 Project Location: 1250 Frontage Rd Comprehensive Plan District: Business Park Commercial Zoning District: BP-C Applicants Name: Steve Pajor, representing Valley Ridge Commercial Center Type of Application: Variance Project Description: Modification of Master Sign Plan for variance to the sign regulations at Valley Ridge Commercial Center. Discussion: The applicant is requesting that a reader board be installed under the centers name. The proposal is for a 32" by 10' electronic messaging panel. The applicant is requesting the variance because of the numerous tenants that have requested that they (the owners) do something to help improve their visibility from the highway and/or the frontage Road. The applicant states in the attached letter that this is particularly true in the case of interior and west facing tenants. The case was reviewed at the June 7, 2004 HPC meeting. The unanimous decision was to advise the Planning Commission that the requested signage is against design guidelines, but should the Commission approve the variance, the HPC finds the color, location and square footage to be acceptable. Recommendation: Denial Conditions of Approval: Should the commission approve the variance, staff suggests the following conditions of approval: 1. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. 2. The businesses that have signs on the centers' walls shall not have signage on the electronic board. 3. There shall be no scrolling on the board. Sign shall 'blink' the business names. Findings: 1. That a hardship peculiar to the property, not created by any act of the owner, exists. . In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special priVilege of the recipient not enjoyed by his neighbors. . 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. Attachments: Application form, letter from applicant, elevation drawings and site plan CPC Action on 7/12/04: Denied 6-1 . . . . . B5/12/2004 14:30 6514308810 CITY OF STILLWATER PAGE 03/04 PLANNING ADMINISTRATION APPLICATION FORM 'Case No: Date Filed: Fee Paid: Receipt No.: COMMUNITY DEVELOPMENT DEPARiMENT CllY OF STILLWATER 216 NORtH FOURTH STREET STlLl~ATER MN 55082 . . AcnON REQUESTED . ,. Speciallcondition~l. Use Permit X Variance . .. Resub~Msion subdivisionfl Comprehensive Plan Amendment~ Zoning Amendment* Planning Unit Development.* Certifi~te of Compliance The fees for requested action are attached to this application. f1An escrow fee Is also required to offset the costs of attorney and engineering fees. The applicant ;s responsible for the completeness and accurtlGY of all forms and supporting material $ubmltted in connection wIth any application. All supporting material (i e., photos, sketches, etc.). submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies 0.' supportl.ng materi.al is required. A site plan is required wIth applications. Any incomplete applicatIon ~ supporting matenal will delay the application process. . P'b 3;}. 030 doO SlY" OO/~ . '..,<".. ..~. /_' PROP.J:.RTY1DENTlFICATION I - h~ ~^ u. 'deo/6 . ... /t7\..JO .rrol1~e. KP'^ct... . PIP 3:.1... V;;10 ~''1 . Address of I=>roject S~/&~~..- /J1.N. ~f/b l./ . Assessor's Parcel NcP/1.> 1<<" 030 ~.o '1'/ ():J 17 -/ (GEO Code) Zoning District8 f - C!..- Description of Project..#~~';n 4? ~ (7~E. #9;.11'< m~$.,.~q ~ _4",...s-d 0" h....;'" 1'"'(/ I.~ >t j" . . "/ hereby state the foregoing statements and all data Information and evidence submitted herewith in Ci respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply w the permit if it is granted and used. It . Property owner~~.lM.If7).V L-L C Representative . ;' '-,' Malting ~ddress/o70{") (Aj. ~r~ (:,r?/e... Maning Address City-$tate-Zip ~~"l?~h~A/ '/k!.A/55JIJS . CityMState-Zip TelephoneNo.6/~- 7;>'1- 6/hlJ . TelephoneNo. S. ~~. ,gnature ~ ~ e:..Lc-, 0.. ~ . , Signature lS.1lsn nature ls.re~lred) (Signature is requIred) ~.-kv~ A. !6.!() r- ; 1 SITE AND PROJECT DESCRIPTION Lot SIZe (dimensions) _ x Total Building floor area square feet Land Area Existing square feet HeIght of ~u!ld;ng$: Stories Feet Proposed square feet Pnnctpal Paved Impervious Area square feet Accessory No. of off-street parking spaces H:\mc:namara\shella\PlANAPP.FRM May 1, 2003 ." _0 ---- --- I i ;-~"O;_~,-- , .~ .~ , .. WEST F R NTAGE ROAD 60TH 100m \ DOCf101f!55 I ! I I i I Location M ap i ... , . ... ... . . .. . i .~ ~ ; ----~ ; ,.- ." ... ST. . i ' .'.. CROIX B USINEs:s t'AKK. , ... I. s . .., , ... .. ..... : ~ WES'nICll..IN:l MCHwA't~ EAS'r8OlfcIJotGHNAY~ ET NORTH ~ ~ = ~ - 11 5 i ~ I ~ II ; i ~ !I! ~ ~ ~ !I! .- :> ~ .- il .oo l! ..." ... , .- i ; ! i i . . ; -- 4- . ; . . .- eu .- , .- d a ~ ... ::~ ,-to- Ol 5 ;!!; ..... r , ... ;.\ . .- PAltTOIt... , ... i ! ! , ~ ! IlOCtf;'1t tIN"! PAACEl. 32 CSUU(3$aCS)lOS "~,... ",,, . _ ..... 8 tfNYp ~ -: m HWY PARCEl UI .....t,. .. . .... ~..j_U,Jj STfLLWATERib I a '~.oo '1111 rT " . IUIW R20W RI9W .... ~n:!." nlN nON"? t ~. ~O"~~::I n9S T.'!9N T"-HN WTO'lI TOm TI7N IU!W R1IW R:!O\\" nm .- .. .u. Vicinity Map ,. o 259 Scale in Feet =-~-~.~=:::'~fIjoII. 1hI .......w~ .~ ~_....rar~ ~fat..,~.1ICI =::=,~..,":"'.cnOIb.' =dabMMOl'IAS<<IO.... : .. ...:. ....~...,";"~2OC. ... . . . ! I May 27, 2004 Community Development Department City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Design Review Committee: Attached is our application for a variance for our main identification sign at Valley Ridge. We propose to add an electronic messaging panel to the bottom of the existing Valley Ridge pylon sign fronting Hwy 36. While happy with the overall upgrades recently made to the center (including the overall sign age package), numerous tenants have requested that we do something to help improve their visibility from the highway ancVor the frontage road. This is particularly true in the case of interior and west facing tenants. We feel the message board is an effective and aesthetically pleasing solution. Preliminary discussions with the tenants concur with our thinking. We look forward to reviewing this application with you. If you have any questions, in the meantime, please call either Kriss Novak at 612-759-6160 or Steve Pajor at 612-332-1223. Sincerely, ,,/' /..---; ~~ SouthMetro V, LLC c.c. Kriss Novak "- 120" 32" 25" - 120" 3-112" 3-112" . De8crlptlon Pylon Sign for existing Ma80nryFrame with illuminated Reveree channel letter8 and light box EMS Dlmen810n: 2S"h x 102"w Black 'ace with Amber LED 19" high letters 8hown. cabinet Dlmen8lon: 32"h x 1~O"Wx 22" deep cabinet painted to match existing 8Ign.bodycolor. These d!awlngs Invol\Ie confidllnu.JPlOprieIIlIy rights of ASI-Modulex and all deSign. manufacturing, reprQllucllon, use $I1d sale rtgh18regarding the same are. expressly reserved. These drawings are submitted under a conlldentlalrelatiQnshlp for a speclflecl purpose and the recipient; by accepting this document, assumes custody and agrees (a) tllet tills dOcument. wfll not baooplell or reproduced in Whole or In part, nor lis conlIlnts revealell In any mll!lner or to any pliIl'SQn except to meet tile purpose for Which It was delivered and (b) tlurt any special features peculiar to this design wlfl nofbai"'fXl~ted Into other plOjects. 19" Date: 4/29104 Title: Pylon Sign ProJect: Valley Ridge Client: Nova Real Estate Approved: Approval Date: ASI-Modulex 1301 Washington Ave. N. Minneapolis, MN 55411 fete: (612) 332-m3 fax: (612) 332-1224 asi~. modulex~ . - FUTURE PARKING EXFl'.NS1ON .--.. I . I I I I 1 I I i.: : I I I I I I,. , ~____~.__M_._____~_______'______ _________, I . "". '-', .. ~~~---- ..____ _____ _______... __~~~,L ~ArIKING '~1 : (jj: iii fir ".-q--l4. 'i - - - - - - - ~ :. - - - - L~L .'_i'~1U_U:~.. i -r'~":a( ! I. ..:T . I' '.:11 ...,.., ':". : . i . 'i , t.: '.no U, I I '--.. ---.' l- !r. PYLON SIGNAGE - NEW EXTERIOR c! PAllO . TO REMAIN WITH NEW WITH NEW lANDSCAPING AND ;}') r DESIGN APPLICATION AND SCREEN Wf>J.L: . SEE ELEVAOON l' (/ FINISHES. SEE ELEVATIONS NEW lANDSCAPING />S L.Jt~ "I-" REMOVE PORTION OF EXlST.- SCREENING ELEMENT FOR 7 I lANDSCAPE REAR OF PlAZA AND PARKING AREA ...... --, ~~~--. . . i . . . . ---,i~::.~:~:~l L..l ,', MAIN ENffiV - "'...., l.s,..,~ PARKIN~ ; . .j ~~ ~........ ~ ,il ~ "tr, '~. :\'."\ ; f".;.~.:~ ~ .i-~t:.! ," i ;" f .. . ; .,' ) '.i. ~..;!. . -1 ~'''l t. NEW RETAIL BlDG.- NEW A~INGS AND - 2.500 . 3.000 S.F. TENANT SlG/liAGE (SEE ElEVAOONI NEW AWNINGS AND- TENANT SIGNAGE (SEE ElEVATION) - NEW lANDSCAPE ISlANDS. STRENGTHENS MAIN ENIRY PROCESSION AND PROVIDES REUEF TO TRAFFIC FLOW NOTE: REPlACE EXISl1NG lANDSCAPE AT MAIN ENIRY WITH YEAR ROUND SPECIES TO PROVIDE FULLNESS/COLOR IN f>J.L SEASONS NEW A~INGS AND TENANT SiGNAGE (SEE ElEVATIONI -NEW IWOUT DRIVE WAY TO f>J.1GN WITH EXIST. MAIN ENTRY DRIVE ISlE . ~~............~:~~~l~ I - ARCADE AREA' IMPROVEMENTS INCLUDE: "NEW TENANT SIGNAGE "NEW LIGHTING "NEW EXTERIOR FURNISHING SEE ELEVATIONS 6i I. ....__1 ~ NORTH . tanek .",'I"(..,!,,,,. , I '. " ". ,1/', /I ,," ~ , '. I'/.'I",'''',III,''I'''''''IIT 1ISE. ;t'61l1Stm"t SllltR ;l00 MlnnA~pohs. MN 55404 P:Ci 12-079 .A22!l f :IU7 n7~HHf)] i,,'l" I.,,,.'h I.'"'' proposftd allo pl..n ..'\it.l..,.,,<tt.t<4 dnflolyn hnpfoVnmonlft river helghlS plaza sllltwBlor. mn 55082 --..II 00.2003 scale to fit gdc ~ttU submitted 02121103 a-1 --- '" . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director fl-- July 28, 2004 Request to Combine Two Lots of 20,407 square feet and 5,981 square feet into One Lot of 26,388 square feet. Case No. SUBj04-53. The Planning Commission reviewed the application at their meeting of July 12, 2004 and approved the request. Recommendation: Action on subdivision Attachments: Staff report and minutes SUBj04-53, 7-12-04 t,. '. PLANNING APPLICATION REVIEW FORM CASE NO. SUB/04-53 . Planning Commission Date: July 12, 2004 Project Location: 711 North 3rd Street Comprehensive Plan District: Two Family Zoning District: RB Applicants Name: Jon Ludwig Type of Application: Subdivision Project Description: Request to combine two lots of 20,407 square feet and 5,981 square feet into one lot of 26,388 square feet. Discussion: The request is to combine two lots into one lot. The larger lot (A) contains the residential structure. The smaller lot (B) is steeply sloped and is located adjacent to North Second Street. The requested lot combination meets all lot size and dimension requirements. . Recommendation: Approval Attachments: Application form and map CPC Action on 7/12/04: +7-0 approval . r ~i ' . . . .;. - .' PLANNING ADMINI~ ~TION APPLICATION FORI". Case No: .... Date Filed: . . Fee Paid: Receipt No.: I'J.~/~~ - ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision )( Subdivision* Comprehensive Plan AmendmE Zoning Amendment* 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 supporting material will delay the application process. PROPERTY IDENTIFICATION 21-030 -2.0- n. -00"7 .,..J . ..2i-tJ3c)..2D-I'Z--tJoRJ Address of Project 7//- 7/3 3 ~ '5/-' tV. Assessor's Parcel No. . (GEO Code) Zoning District j? 'B Description of Project DM.I?JIN~ LDr ()o77 .; ooBI. . L!!.I()()77::: 2~!407 .:sQ~ l..rI- ()o~1 = 591} S~/.. ~6/1vG:7t): 2'~ S~/ "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply v the permit if it is granted and used. " Property Owner "". J D N LUI)iP La- Mailing Address Ill-It- 3 ~ $0 tJ. . City - State- Zip"'5n LLWt:T1~ ~ SSOJL Telephone No. tFJ-t3,- b 7L9 Signature ~ :(./2-f)~ (Siliriature Is required) Representative Mailing Address City.-State -Zip Telephone No. Signature (Signature is required) L t S. (d' . ')72.. . 13 J o Ize .menslons _ x Land Area 20407 + S!l81 = Height of Buildings: Stories Principal 2- Accessory lIS- . SITE AND PROJECT DESCRIPTION 1. iDS'=< 90 Total Building floor area ~ 38fJ . square feet. 2' 3ga.. Existing :20 .'.+0 -; square feet of- fi731 Feet Proposed U '3'13 square feet 2-> Paved Impervious Area , square feet '4 No. of off-street parking spaces 4- H:\mOlamara\shella\PLANAPP.FRM May I, 2003 IV J , c, ~ >-~j/I~m i 15~ ( , I c LU ---, ", 67.7 2 I I i (oalffl07) iN ~ (Oc&q05) I (---1 11 0 l 3' I___J--' ~ ; g____(~~P6) o 2 ('t) N N ..... 40 k ;10 I~-,- ) \ AMBIGUOUS Em13E ~ ,-~ (O~~) .t:1 ~ c:- (o~~t(:-) ~- ,- '5 -- ( 0 6!"_1 __ ---1.aQj ~_ =-_-==-=~ -f)'2 -~/ -- , I: ......i +. .. ." . R2IW R20W R19W :~ t TI9N 1-.--. . T::'" R22W R21W R11'->;' Vicinity Map . o 61 Scale in Feet Thisctrawingilll""..ulIo1a;'Ct:;lil;ltJon . ... .... . . ol...._~u.., appotIVinvanou.WashinglonCounlyolf"ces ThedlWNlgshouldboluslldforr<<'__ plIIpCISqonfy. Wa/litlgtQnCounly;,",,- I'e$pOllsibleforanyW\aCC~ Sou"..: Wa.shing\Oll CQunty SUrwyYs Olf_ PhonIo(6SI)430-6875 Pa/l;oIlliala Ilaud on AS400 inIC11Tn111illn cummllhrough:MaR:h31.2lXI4 Uapprinled: May 19,2004 ,. . City of Stillwater Planning Commission July 12, 2004 Present: Robert Gag, Chairperson, Mike Dahlquist, 1;)ave Middleton, David Peroceschi, Karl.. Ranum, Paul Teske and DarwinWald . Others: Community Development Director Steve Russell Absent: David Junker and Jerry Turnquist Mr. Gag called the meeting to order at 7 p.m. Aooroval of minutes: Mr, Wald, seconded by Mr. Ranum, moved approval of the minutes of June 14,2004; motion passed unanimously. Case No. ZAM/04-01 A Zoning Map Amendment changing the zoning of the area south of North 62nd Street, bounded by North 62nd Street, Paris Avenue and Oxboro Avenue, from Single Family Residential (RA) to Public Administrative Office (P A). Human Services Inc. and the City of Stillwater, applicants. Robert Butler, CEO of Human Services Inc., informed the Commission that Human Services has . withdrawn its request for a PUD and rezoning, and HSI is not the applicant. Mr. Russell briefly reviewed the land use study of the area and the Commission and City Council's earlier actions on the rezoning. Mr. Ranum moved to approve the Zoning Map Amendment, noting that Human Services Inc. had withdrawn its request and was not an applicant. Mr. Wald seconded the motion; motion passed unanimously. Case No. SUP/04-45 This case was withdrawn, Case No. V/04-47 Modification to the master sign plan and variance to the sign regulations for an electronic reader board sign at 1250 Frontage Road, Valley Ridge Commercial Center, inthe BP':C, Business Park Commercial District. Steve Pajor, South Metro V, LLC, applicant. The applicant was not present. Mr. Middleton noted that there are several other reader board-type signs in the area. Mr. Ranum noted that such signs are against the ordinance. Mr. Peroceschi moved to deny the request. Mr. Ranum seconded the motion. Motion passed 6-1, with Mr. Peroceschi voting no, . Case No. SUB/04-53 A resubdivision to combine Lots 17 and 20, County Auditor's Plat #3, into one lot of 26,388 square feet at 711 and 713 N. Third St. in the RB, Two Family Residential District. Jon Ludwig, applicant. 1 " .. City of Stillwater Planning Commission July 12, 2004 . The applicant was' present. Mr. Wald, seconded by Mr; Ranum, moved approval. Motionpassed unanimously, . .. Case No, ZAM/04-02 A Zoning Map Amendment changing the zoning of a 1.5 acre parcel at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR).. Richard and Leah Peterson, applicant. Richard Peterson addressed the Commission. He noted that the rezoning from the holding pattern it was zoned following annexation fits the City's Comprehensive Plan, as well as the existing zoning of the properties directly across the street. He spoke to several of the issues raised in a letter from Liz Kramer, Leonard, Street and Deinard, representing Wesley and Deidre Kramer, 7100 Mid Oaks Avenue, Mr. Peterson suggested that their request does not represent spot zoning as the lots across the street already are zoned residential. Regarding the private covenants, those expired by the terms of the covenants in 2001 and would have expired in 2003 according to state statute. He said he did not think the rezoning would result in a dramatic change to the neighborhood and noted that city services are already in place. Regarding the issue of "public necessity," Mr. Peterson said that doesn't mean a rezoning has to have a "huge public purpose," but need only be . "substantially related to the general welfare ofthe community." Deidre Kramer, 7100 Mid Oaks, spoke against the request. She suggested if approved, owners of the other parcels in the area still zoned AP might follow suit. She said the proposal does not fit the character ofthe existing neighborhood. Liz Kramer reiterated the points raised in her letter. She said she sees nothing related to the general welfare of the community in the rezoning. She asked that if the Commission believes that the AP zoning is no longer appropriate for the area, a study be conducted to determine the impact. Charlie King, 7030 Mid Oaks, spoke against the rezoning, as did the resident of7190 Mid Oaks, who stated the rezoning would take away from the character and appeal of the street and its unique setting. Dave Jones, 7079 Mid Oaks, said rezoning will destroy the character of the property. John Braatz, 7070 Mid Oaks, asked whether the rezoning is for just one parcel or all the parcels still in AP. Candace Braatz, noted there are no sidewalks and said it would not be safe for children to add any more traffic to the area. Mr. Russell reviewed the zoning process in the Orderly Annexation Agreement. Mr. Ranum asked how long the AP designation lasts. Mr. Russell stated as long as the neighborhood wants it . to last. Mr. Russell noted that this request is similar to a situation on 62nd Street where one 2 . . . ORDINANCE NO. 944 AN ORDINANCE AUTHORIZING THE RECONVEYANCE OF CITY LAND The City Council of the City of Stillwater does ordain: 1. ENACTING. a) A property owner proposed that the City reconvey to Washington County the west one-half (112) of Lot 3, Sunnyslope Lane according to the plat thereof now on file in the office of the County Recorder (the "Property"). b) The Property has been held as open space by the City since it was acquired by the City from Washington County as part of a tax forfeiture sale. c) The Property will be available on the public auction for purchase by adjoining owners who have indicated an interest in extending their residential yard. d) The Property is underutilized and cannot efficiently be maintained as a park and the City Council desires that the Property be returned to the tax rolls and thereby be of benefit to the public. e) That notice of this proposal has been published as required by the City Charter, 916.02. t) The City Council conducted a public hearing on this proposal on Tuesday, July 6, 2004, and all persons desiring to be heard have been allowed to testify. Written comments were recorded. g) No objections were received either in person or in writing. h) The Mayor and City Clerk are authorized to reconvey this Property. i) That the reconveyance not be made until all rights of appeal under the City Charter have been exhausted. 2. SAVING. In all other ways, the City Code remains in effect. 3. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 3rd day of August, 2004. CITY OF STILLWATER Jay L. Kimble, Mayor Attest: Diane F . Ward, City Clerk r :, . . . STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Appeal of a Variance Denial Case No. SUPNI04-44 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on July 20, 2004 at the Council Chambers in City Hall on the Appeal of Michael E. Vincent ("Appellant") of the Planning Commission's decision denying a variance for the construction of an accessory unit within the RB Residential District at 403 Hancock Street. The matter was before the Council on an appeal filed and perfected by Appellant of a Planning Commission decision denying the construction of an accessory unit: At the Hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the Applicant, the minutes of the Planning Commission meetings of June 7 and June 14,2004, maps of the property in question, testimony of Appellant, and the Planning file prepared by City Staff for the Application and for this Appeal. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. That a hardship peculiar to the property and not created by the owner exists. '\. ~ 2. That the Applicant has demonstrated that he proposes a reasonable use that is . prohibited by the Ordinance. 3. That the lot of the Applicant is extremely long and narrow. 4. That the lot is unique since it is only 60 feet wide, but 200 feet long. 5. That the regulations allow a 1000 square foot accessory garage but only an 800 square foot garage. 6. That all neighbors petitioned for the project and no one spoke against it. CONCLUSION OF LAW 1. This matter was properly before the City Council pursuant to the appeal procedure set forth in the City Code. 2. That City Council action is necessary for the preservation and enjoyment of the property rights of the Owners in a historically recognized structure. . 3. The protection of these rights would not constitute a special privilege. 4. That based upon the entire record, the granting of both requested variances will not be a substantial detriment to adjacent property and will not impair the purpose of the Zoning Ordinance or adversely affect the comprehensive plan. 5. That in order to protect the health, safety and welfare of the community, it is appropriate that the variance be subject to compliance with the following conditions: (a) All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission. (b) structure. The architectural style, materials and color should match the mam ORDER IT IS HEREBY ORDERED 1. The appeal is hereby granted. . - 2 - . 2. That the Community Development Director is directed to prepare an appropriate variance for the property. The variance must include the conditions set forth in these findings and, where not inconsistent, those conditions set forth in the Report of Steve Russell, dated June 14,2004. Adopted by unanimous vote of the City Council this 19th day of July, 2004. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F . Ward, Clerk . . - 3 - p.o. Box 516, 106 S. Main Street. Stillwater, MN 55082 Phone:(651) 439-4001/651) 439-7700 . Fax:(651) 439-4035 . www.ilovestillwater.com August 3, 2004 The GSCC Board of Directors requests that the Cut and Cover Concept, as presented by the CCC Team, be included in the Draft EIS as an . alternative concept of the 1'1136 corridor. ~K-~ . Chuck Dougherty, Pres. Greater Stillwater Chamber of Commerce . . . . CUT & COVER CONCEPT BUTTONHOOK CONCEPT JIll- . . . The PAC Study Priorities and Recommendations A committee representing the Cities of Stillwater and Oak Park Heights and Washington County was established to help ensure that the study accurately reflected local concerns and identified relevant issues... to make recommendations to the two cities, the county, and to Mn/DOT regarding potential intersection designs regarding TH 36. Priorities * Safety Frontage Road Geometric Improvements Manage Diversions to Local Streets Minimize Adverse Impacts to Businesses Improve Community Connections * * * * Recommendations * Improve Frontage Road Geometrics Provide for safe Pedestrian and Bicycle Facilities to cross TH 36 Aesthetic Treatments (appropriate to the character of the surrounding area) A Grade Separated Facility Two Interchanges Maximum Speed of 45 MPH Seek to Minimize Impact on Surrounding Communities Seek to Minimize Business Takings * * * * * * * *From the TH 36 Partnership Study Final Report, December 2002 .. . . . Why an alternative? During the Technical Advisory Group process it became evident that in order to make the Buttonhook Concept work, we were required to move the frontage roads much farther back into the communities. That meant we had to: * Forfeit 39 businesses Cind apartments to the button hook ramps and frontage roads. Move the frontage roads away from the freeway. Add over 10 acres of impervious surface for frontage roads. Create confusing access roads to remaining businesses. Reduce the tax base by using developed and undeveloped land for roads and ponding. Create a significant economic impact on the businesses and community of Oak Park Heights * * * * * These are repercussions of a plan that was intended to be a benefit to the communities, county and state. But, itwas the only concept on the table until now. . . . The Cut & Cover Concept: We incorporated the PAC Study Priorities and the PAC recommendations; worked with three engineering groups, MNDOT and Washington County and created a plan that provides for: * A freeway to efficiently move through traffic to the St Croix River Crossing. An aesthetically pleasing boulevard-like frontage road system along and above the freeway. Two grade separated interchanges along the freeway using the safer slip ramps. Control of sound and visual pollution by placing the freeway 22 ft below grade. No businesses lost and very little undeveloped land used for frontage roads or ponding. Safe frontage road intersections and pedestrian crossings are provided over the freeway. Parkland built into the plan at intersections and next to wetlands on MN/DOT owned property. Future growth of the road system without major engineering impacts. * * * * * * * - This Cut and Cover concept has been reviewed by MN/DOT and can be built from an engineering, hydrological - The majority of the businesses who have seen this alternative prefer it over the Buttonhook Concept. We are currently presenting this alternative to the remaining businesses which border TH36 and a~king for their input. - Thts concept has been shown to the staff of Stillwater & Oak Park Heights and Washington County and has received a positive response and additional suggestions to enhance the project. This Cut & Cover Concept satisfies the needs, identified and fits into the character of the St. Croix Valley. . . . How Does the Cut & Cover Concept Work?: The Freeway Portion: * The freeway is designed 22 feet below the current grade. * The freeway drive lane and shoulder widths are exactly as designed for the Buttonhook concept. * The clear zones can be reduced dramatically - 17' on each side of the freeway - saving 34' in road width. Clear zones on the frontage road will be reduced from 18' to 4' on the freeway side saving 28' in road width. This savings is due to using the walls of the cut section vs using grassland to control errant vehicles. * The freeway will begin to go below grade east of TH 5 and exit at the bluff line east of the government center The Business Boulevard Portion: * MNDOT estimates that 70% of the current users of TH 36 are local traffic. * Local traffic will operate on a frontage road system that will be designed as a boulevard. * Instead of grassland in the median, there will be the lowered freeway. * There will be one way east on the south side (two lanes) and one way west on the north side (two lanes). * A roundabout will allow the two directional traffic near target and Stillwater Ford to convert to one way. * At each crossroad - Washington/Norell, Greeley/Oakgreen and Osgood there will be a land bridge * These land bridges (covered section) will hold the intersection of the frontage roads and the crossroads. * They will meet in a bowtie type of intersection (curving to the center rather than away from the center as now). * Turn-arounds will be located before each intersection on the covered portion to allow traffic change direction without having to enter the intersection. * The Washington County Government center will have direct access to the Business Boulevard. * Parks will be created on and next to the covered sections to encourage pedestrian and bike trail connections Connecting the Freeway to the Business Boulevard * Two slip ramps will bring traffic up to the Business Boulevard and two will bring traffic down to the freeway in each direction. Slip ramps function by merging to the exit ramp up/down and then into the existing traffic. * A low barrier divides the upper section from the lower section. Bushes can be planted in this barrier. * Signage will advise the traffic along the freeway of the businesses available along the Business Boulevard. . BUSINESS BOULEVARD Fronta~e Fronta.Qe Mer.~e West Service Drive SLIP EXIT RAMPS West Drive FREEWAY FREEWAY Service Drive FRONTAGE ROAD INTERSECTION ON COVERED SECTION West Service Drive Drive FREEWAY ~ (Turn Lane . Drive Drive Drive East Drive Service East Drive Service East Drive Service . . Me~~e Frontage Frontage ~Fronta~e Fronta.~e . . . ROADWAY WIDTH COMPARISON Existing Width - Alternative Proposal - MN-DOT Buttonhook Proposal Based on Information Provided by MN-DOT F F T T S S T T F F Existing ... ..- 195' to 225 F F F F R A T T T MNDOT - 1 - Narrowest Point 310' F F F F F R A T T MNDOT-2 565 ft East Exits 875' F F F F F R R R R R R R R A MNDOT-3 580 ft ~~@,,_:"''m,>>_ ~.~~.~... ->v-_______"_,,"'__,,_,_,_,.,,,..,.,.,.,.,_,._____,,~""_,.- West Exits 890' F F F R A T T T T A R New d:Iil/IlIiIl:' Proposal 230' Plus parks The distance shown for the exits includes only roadway and clear zones. It does not include land inside the Buttonhooks available for businesses. F FRONTAGE ROAD S SERVICE ROAD (right/left turn lanes) R EXIT/ENTRANCE RAMPS A AUXILIARY LANES (for shoulder or merging traffic on freeway) T THROUGH LANES . FREEWAY LANE !NFIGURATION WITH SLIP RAMPS TO PARALLEL FRONTAGE ROADS . MN State Highway 36 '<-~-~Frontage Road '<---- Frontage Road Drive Lane ------> Drive Lane > ------> Fronta~e Road ~~----> Fronta e Road Cut & Cover o Frontage Frontage II o II Frontage Frontage Auxiliary Drive Drive Drive Drive Auxiliary Frontage Frontage Clear Zone - Drive Drive ......-. ..-.. Median or Service Turn Lanes -. Drive Drive ~ Clear Zone Frontage Frontage . . . PAC Recommendations .Buttonhook Ramos Concept Cut & Cover Concept Grade Separated Facility + Recommendation met - it is the safest alternative. Grade Separated Facility + Recommendation met - it is the safest alternative. Two Interchanges + Recommendation met with button hook ramps Two Interchanges + Recommendation met with slip ramps Maximum Speed of 45 MPH TH 36 designed for 65-70 MPH and local traffic use. Maximum Speed of 45 MPH TH 36 designed for 65-70 MPH - local use not probable Seek to minimize impact on surrounding communities. Significant impacts on communities has been created by - Moving 50% of the frontage roads back at least 1 block. Seek to minimize impact on surrounding communities. + Works within the existing TH 36 corridor for the freeway & frontage roads with minimal land being taken for walking paths. - Many businesses will loose their frontage road location. + Enhances the frontage road system with parks, walking paths and boulevard like landscaping to bring the communities together + /- Although clients can see businesses from the freeway, they will have difficulty finding them. + The freeway will have less visible impact. - Creating 1 1/2 miles of 4 to 6 lane additional roads which must be maintained by the communities. + Freeway noises will be absorbed by the freeway walls. - Portion of cemetery used for frontage road Requires one way access to all businesses (west moving traffic on the north side and east moving traffic on the south side). - Must remove low-income housing Businesses will not be able to attract clients from the freeway. Travelers must make the decision to "enter" the boulevard. + Retains east/west traffic on both sides of freeway. Seek to minimize business takings 34 Business and residential buildings will be totally taken Seek to minimize business takings + No businesses or residences will be taken. 39 properties will be partially taken Some boulevards may be taken on the narrowest sections. Other: Throughout the TH 36 Partnership Study Final Report several references have been made by participants of the study and citizen input that the preferred concept for TH 36 be a boulevard design if it could be incorporated with safety issues. . ~ . . . Community Concerns ,Button hook Ramos Conceot Cut & Cover Conceot Aesthetic treatments aoorooriate to the character of area. Because of ASHTO freeway rules, this at grade freeway designed for 65 mph requires 33 feet from the edge of the drive lanes to be clear of any plantings. Aesthetic treatments aoorooriate to the character of area. + Because the freeway is constructed below ground, only 16 feet are required for the lower clear zone. Trees and bushes can be planted in the upper area between the frontage road and the retaining walls. - The view from one side to the other will not have plantings for a distance of over 150 feet at the narrowest point + Create a boulevard atmosphere by integrating walking paths and parks within the plan in the covered areas of the freeway. No parks are possible without "taking" more businesses + Incorporates already owned property to create a park at Greeley + Creates a walking path network within the plan + Creates an entrance to Washington County Government Center + Decorative stones or enhanced cement can be part of overpasses to soften the impact of the cement. Sound and Environmental Issues + Below ground freeways have excellent sound absorption qualities ,Sound and Environmental Issues - With an near grade design, there is no barrier to freeway sounds Increased sound comes from increased speed and volume. + Trees located between the freeway and frontage roads and bushes on the covered freeway sections absorb some freeway exhaust. Depressed freeway may go through groundwater near Greeley. - At grade or near grade design will only allow trees beyond the clear zones and frontage roads (a 310' distance) freeway exhaust could more easily spread into the community. + No additional roads will go through existing wetlands. Roadways are built on Wetlands at Greeley & Washington Ponding will be required for stormwater runnoff from the freeway portion. Approximately 1 1/2 of the 41 acres available from the removed houses. No wetlands will be directly affected. - Additional ponding will be required for storm water runoff from 10 additional acres of impermiable surface on new roads. Affect on Public/Private Utilities Affect on Public/Private Utilities - A significant amount of underground water/sewer and other utilities will be required to be moved with the widening of the freeway and using buttonhook ramps + Because this plan is designed to be built in the existing TH 36 footprint, utilities buried along the freeway may not be moved. Building the Cut & Cover freeway below ground may require moving utilities that currently cross TH 36. .Future Growth of Frontaae Road Svstem Because the frontage roads are two directional, they must be built in the present to accommodate growth in the future. Potential adjustments are too expensive to add later. Future Growth of Frontaae Road Svstem - Additional lanes of frontage road can be added to this system in the future as they are needed with no effect on the freeway side. . . . . . The Cut & Cover Concept For Through Highway 36 At Stillwater and Oak Park Heights This concept has been prepared by the volunteer efforts of engineers, business owners and local residents who are committed to preserving the character of the communities in the St. Croix Valley. Cut & Cover Concept Team (CCC Team) Contact: Gail Pundsack 651-430-1415 . MEMORANDUM TO: Mayor and City Council Shawn Sanders, Assistanf City Engineer ~$.. FROM: DATE: July 28, 2004 RE: Approval of plans and specifications North Hill Proj ect Phase 3 Project 2000-15 DISCUSSION The plans and specifications for the third phase of the North Hill Project are near completion. This project installs new utilities and streets in the area west of North Second Street and North of the Stillwater Country Club and the area around North Broadway from Wilkins Street to Sycamore Street including the side streets. The bid opening for the third phase would be September 2, 2004. It is planned that construction would start later that month, continue to the end of the year and wrap up the following spring. . RECOMMENDATION . It is recommended that Council approve the plans and specifications and authorize the advertisement for bids for the North Hill Project Phase 3. ACTION REOUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2004-_,RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR NORTH HILL PROJECT PHASE 3 (Project 2000-15). APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR NORTH HILL PROJECT PHASE 3 (PROJECT 2000-15) . WHEREAS, pursuant to a resolution passed by the. Council on August 5, 2003, the City Engineer has prepared plans and specifications for the North Hill Project (Project 2000-15) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Thursday, September 2, 2004, at 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on September 7, 2004, in the Council Chambers. Any bidder whose responsibility is questioned . during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent ofthe amount of the bid. Adopted by the Council this 3rd day of August 2004. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . MEMORANDUM FROM: Mayor and City Council Shawn Sanders, Civil Engineer t..ytb TO: DATE: July 29, 2004 SUBJECT: Declaring Costs and Ordering Assessment Roll North Hill Project (Project 2000-15) DT~("TTSSTON' In order for the above projects to be certified to the County this year, the assessment rolls need to be prepared. It is anticipated that the hearings will be held on October 5, 2004 . R1?.f"OMMRNnA TTON' Staff recommends that Council authorize the preparation of the assessment roll. .A ("TI.ONJl1?J'~T TTRRn. If Council concurs with the recommendation, Council should pass a motion adopting the resolutions 2004- RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR NORTH IDLL IMPROVEMENT PROJECT (pROJECT NO. 2000-15). . RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR Ttlli NORTH IDLL PROJECT (pROJECT NO. 2000-15) . WHEREAS, a contract has been let and costs have been determined for the sanitary sewer, water main, storm sewer and street improvements and the contract (bid) prices for such improvement is $4,700,000.00 and the expenses incurred or to be incurred in the making of such improvement amount to $1,700,000.00 so that the total cost of the improvement will be $6,400,000.00 NOW THEREFORE, BE IT RESOLVED BY utE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $4,400,000.00 and the portion of the cost to be assessed against benefited property owners is declared to be $2,000,000.00 2. Assessments shall be payable in equal annual installments extending over a period of twelve (12) years, the first of the installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the rate of 4.3 percent per annum from the date . of the adoption of the assessment resolutions 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 3rd day of August 2004, Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . ~ , . . . Memo To: From: Date: Subject: Mayor and City Council I _ Steve Russell, Community Development Director r July 28, 2004 Zoning Amendment Allowing Reconstruction of Nonconforming Structures Destroyed by Natural Disaster or Fire Background. Stillwater is an older community and many lots and structures do not meet existing city zoning regulations. An example of this would be a house in the Duplex Residential District on a lot less than 7,500 square feet. When the owner of one of these structures sells the house or wants to refinance the house many times the lender requests a letter stating that the nonconforming structure can be rebuilt. According to the existing City Zoning Ordinance a variance would have to be granted by the City Council for the structure to be reconstructed. It is recommended that the City Council consider allowing by ordinance the reconstruction of existing nonconforming structures (without expansion) if it is destroyed by fire. This would require an amendment to the Zoning Ordinance. Recommendation: Consideration of Zoning Ordinance amendment allowing reconstruction of existing nonconforming structures if destroyed by fire or natural disaster. Attachments: Memo from City Attorney 137/313/04 138:28 MAGNUSON LAW FIRM ~ ENGINEERING NO. 769 (;J132~ .. ..... .-...----....-.... .... "-"'''''. , MAGNUSONLAWFmM . LICENSED IN MINNEsOTA AND WISCONSIN . TIm DESCH 0l'l'ICE BUILDING 333 NORTII MAIN Snum . SUITE #202 . P.O. Box 438 . STlJ.I.W^TeJt, MN $$082 TeLBl'HQNB: (651)439-9464 . FAX; (651)43~S641 DAVID T. MAGNUSON MARGARET M. MUlU'BY MEMORANDUM TO: Steve Russell FROM: David T. Magnuson DATE: July 30, 2004 RE: Chapter 462 Amendment Non-Conforming Uses I enclose the amendment to Chapter 462 that was enacted by the 2004 Legislature to address the question of non-conforming uses. This law is effective August 1, 2004 and, as you . can see, will require a complete rethinking of our present non-confonning use ordinance, It seems to me that the Planning Commission should be the first to deal with this obvious extension oime rights of the owners ofnoIK:onforming uses. Let me know if you need more to get started on this, j Respectfully, l)w1J j. ~ David T. Magnuson Stillwater City Attorney ~ated but not read.] . ., I . '. . 1217/3121/1214 1218:28 MAGNUSON LAW FIRM ~ ENGINEERING NO. 769 (;11213 BROADENING PERMISSIBLE NON- CONFORMING USES An amendment to Minn. Stat. Ii 462.357 broadens the permissible uses which do not comply with ordinances by explicitlv stating that a nonconforming Lise "may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion" except in cases of abandonment or destruction when no new building permit is $ought within 180 days of destruction. Prior to the amendl\1~-nt" the statute allowed , ' 'coiiti~ue,(I ooneonforming use ()nly . in'the'CIsH of r~pair arid . , ri1aif!.~.n~nce; .1~fadt1itjc)n;' ~~e law,. '. , 'authorizes mU,nicipa,lides to permit ., .exp:ansi9.~:'pf if 'nonconforming Llse , 'by 'ol"rHtrarrCti, ThIs provision 9~ Into effect on August 1, 2004. ! 07/30/04 13: 13 MAGNUSON LAW FIRM ~ ENGINEERING / ." ~I\ ..:..... ,/ . 83rd. LEGISLATURE Ch. 258, i 1 . j ~ a ,., ...- ~p ... o E II> ~ Ilo Eli!' ~ Q)..B ~ i] ~ ~ i~ ;; ~/ c:: ~~ ~~ 'l4 " I .. "as ~ ~pal,~ mjor to ~.1., ,~. In all O!~er ~ no intaim ordinance ndY halt, delay, or. impeae a $ubdiVision wbieh ba51ie.eil given preliminaJ:'r &}.lY'''.~or JD&Y~ interim ordinanee utend the time deadline fot ~cyaction set forth b:1 seetion 16.99'with ~ f.O~ all1l}fcation filed prior to the effective date ot'u.e' mter:nn ~ee. The I!overnin,~ boav of the muf!icilJatity mal e..~ the interbn ordipance after a public: h~ ~d written findin.fl have ~~Dted biised ~po~e or. J!lore ~ condilio~ clause illl (2). or (8). ']:'he. {Iubllc 11~ must ~hel at liD ga~ out not more tbah,30 da1!, before the. exyiratio~ the interim ordinanee, ~ notice of tJle MarinI! -aa11St be ~!iShed at least. ten daYs. before th~ bearing, The in~ oramance maY: be extended for the followinjt conditions and ifurationa., but. except 3$ DTOVided in clause (8), anmt.erim. ordinanCe !!laY' Dot, . be enended maretiian an additional 18 monthS: u . .-,- -. " .- .-------.......- ' '. (1). up to an additional 120 daYll foDowingJhe..!e~t of' ~. final &..Io}'" .ra! or review by a. fed~, st::tte. or me~ ~ney when.!J!e. ~ is ~,.:.. ",J by law and the revieW o~ ~Ql'O"lal hllI'! n~ completed and re(leivec1 DY the mU~ at lea$t 30 ~ before the ~....:,..;';'on 01 tile in~~dinancei ~ an additional 120 ~ foUowin.J! the completion ~v otMt ~ re~ ~ ' state statute. fed~.1a~ 00urt artier, when the_oroeess IS not~leted at least~30 daw before the ~i1'at1on,otthe inte~ ordinance; Of ~3) up to an additional on~ 1ear if' the 'muclcipa1i~ has not adOPUld a eomENhensiw limn under this section at the tbntllJ~ interiJll ~ce ,ja enacted. . . Sec. 2. ' :Mi!u\esota S~tes2002. sectaon 462,857, subdivisionle. is amended to read~ 'Subd. Ie.. NONCONFORMITIES. Any nonconformity, incIudWg the la:~ use or ' occupation of land OT ~ existing a.t the time of the adoption of an llIiditiOnal eoD.\:l'Ol onder this chapter, JRaY be continued, including through repair ~ent. restoration, . maintenance, ~ iIDllrOvem~t, bllt not including ~.!m1 ~~ - ~ . ill the uonconformitY or occupancy is diaeontinued for a period. of rtlore than one year'i Ol' ~ any nGncoQfarming use is destroYed by fire or otb$r peril to the extent of greater than &0 percent of its market value, and no_ b\1il~ omnit baa been app1ie(l'f~ within 180 dave. of, ,.. when .the )'+ ""'....~ damagTln this ease, a muniejpallty ~ imPOse reasoll&b~: conditions ullOn a -iQIDa: l)e1'1'DJ\; m oraerto mi,tjp:ste anV lINlv created :',_l..,,~ on aQiacent . J)l'OPert.v; - .- . - - ' Any i!ubseqnent use or occupancy of the land ot premises e.haIl be a confo~ use or ' oceupancy. A mucicip.al:ity mayl by otdinanee~t an exT)ansjon ot: impo$El upon poneon- . fo:rmities reasonable regulations to prevent and a6ate n~ces and to protect. the public health, welfare, or safety, Thi& &ubdtviBion doe$ not prolu.'bit alJlU,JlicipaUty from enf'orelDg an ordinance that applies to adults-only bookstores, adults-only thealms, or similar. adult8-onl:V bu$iriel3llesl as defined oyOTdinanoo. PreIIented to the governor Ma.v'18, 2004., ' . Ap.tl..,,"l May 29,,2004. . HOUSING--MUNICIP A.L1TIES CHAPTER 259 . a.F. No. ZI77 AN ACr n1atir!g In me""I"ltan g0gemJ1lllnt; modifyUlg the mel:bod for dek,.:,.ing:- m\UU&lq,ality-a affordable lllUllife-c:JCle houalng appttrtUl\iti$S ammmt; modi(yiDg the basis 011- .tLtchll.~npart1cipadnJ mlU\icipalitiea may elecl'W participate; makin&' eonfor1niDr cbangeSi' ameMing MiDnOlOta Statutll$ z002, HetWn. 473.2G$, IIUbdmsion$ Z. 3, 4. 6, 7, 8. by addbtg a,: SQWMflion. ' , . ' BE IT ENACTED'BYTHS LEGISLATURE OF THE STATE OF MINNESOTA: " 616 AddiIlans are \IIdI..atell by !!!Ide"'llIl: del8tiolls W liIIlIlBcMIl 2 r. ~ ~ t .' . . . Memo To: From: Date: Subject: Mayor and City Council 17 ./' Steve Russell, Community Development Director If-/' July 30, 2004 Update on North Hill CDBG Housing Rehab Program (Sewer/Water Hook Ups) Background. Phase I and II of the North Hill Improvement is underway. A report from Molly Krakowski, Grant Administrator, is attached. Summarizing, 26 homeowners have been interviewed; of that number, 15 have met eligibility requirements; 9 need additional documentation. One homeowner was determined ineligible and one homeowner withdrew. Interviews for Phase III improvement area homeowners will begin after an August 10, 2004, neighborhood meeting.. To date, the program is proceeding as expected. . TO: FROM: DATE: SUBJECT: Steve Russell M ~/ Molly Krakowski/Grant Speciali,v- July 29, 2004 CDBG Grant Update · To date, I have met with 26 homeowners from Phase 1 & 2 · 15 are eligible to receive the grant; 9 need to provide further income and/or asset verification; 1 was over income and 1 has withdrawn their application · Once eligibility is determined for Phase 1 & 2, I will send an approval or denial letter to all applicants. My goal is to complete eligibility determination by mid August · Qualifying homeowners will be signing an agreement with the City for distribution of the grant. This agreement will give homeowners steps needed to complete the hook-up . · The goal of the City is to pay for the entire hook-up, however the amount distributed to each homeowner will not be known until all interviews have been complete. Homeowners have been informed that if their individual cost exceeds the grant amount issued, they will be responsible to pay the contractor the difference · There is a Phase 3 neighborhood meeting on August 10. I will begin interviews thereafter . ~ ; . . . Memo To: From: Date: Subject: Mayor and City Council 11 ./ Steve Russell, Community Development Director ,~ July 29, 2004 Possible Purchase of Land for Brown's Creek Nature Area/Park Expansion Background. Two areas for pOSSible expansion of Brown's Creek Nature Area/Park have recently become available. Map 1 shows City owned Brown's Creek and Boutwell Cemetery, park areas. One site is located along Boutwell Road between Boutwell Cemetery and Brown's Creek Nature Preserve. The 2.5 acre parcel links the two park natural areas and would provide a trial connection between the two areas (see Map 2 attached). The second site is located along Neal Avenue south of the railroad tracks (Munkelwitz Property), The Munkelwitz Property would connect to Brown's Creek Nature Area lands to the west and north and provide an area for an active Oak Glen area neighborhood park (see Map 3). The City applied for a Parks and Open Space DNR Grant for the purchase of Site 2. Two hundred thousand dollars was approved for the purchase What is being requested at this time, is Council awareness of the availability of the two site and direction to continue working with property owners to purchase the two sites. Both sites have been discussed by the Parks Board and are consistent with Brown's Creek and City parks plans. Recommendation: Review purchase opportunities and direct staff to continue working to purchase areas within budget limits. Attachments: Brown's Creek Nature Area Parks Map ea- , . .. I ~ /h~ .t , ?~ -1 l I ! i I i _J .J ,- - L. ~=-t'1 .- I I i i i i i i ... 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Ifld l'tIpIOWdiOn of lr.\l1'8CDf'\j$ as lhW 1!PP'......,ar;ousWnI\ir9OI'IClO\ltYof!leM Tn. lhMrIOstIoIJdbllMd t:lr,."",1'lOI SUPOiIllI5Qn1;!f w.snfloPl'lCotfflttnot ..~t>r.ny~ Scve.: WlI.rir'lQtcrl C;uRySlr<~ Oflil;e Pnon61e:511~e15 P.-ollasr.b8stdanA$lOl)tllllmlClon anerttmlugn:MlI'l'3t.2C1J4 "'-Pptri8d:.by2SUOGa . Memo To: From: Date: Subject: Mayor and City Council . {J ~ Steve Russell, Community Development Director I'"" July 28, 2004 Upcoming Meetings on Boutwell South Area Plan Background. The Boutwell South Area Plan was scheduled for public hearing at your July 22, 2004, Council meeting. The Plan had been reviewed and recommended by the Planning Commission but has not been reviewed or approved by the Joint Stillwater City/Township Board. Certified approval is required for Comprehensive Plan Amendments. The Joint Board is scheduled to hold a public hearing on the Boutwell South Area Plan on Wednesday, August 25, 2004. At that meeting, the Joint Board can approve or not . approve the area plan. To ensure that the appropriate process is followed and adequate public hearing notice is given, it is not possible to set the final City Council public hearing date until after the Joint Board action (Comprehensive Plan public hearings have a 10 day notice requirement) . If the Joint Board approves the Boutwell South Area Plan at their public hearing on August 25, 2004, a Council hearing date on the Plan can be set for September 21, 2004. This can not finally be set until Joint Board action on August 25. Recommendation: Tentatively set City Council public hearing on Boutwell South Area Plan for September 21, 2004. . ~ . . . !' ;, 7/28/04 Dear Mayor Kimble and the Stillwater City Council, The North Hill Sewer Project is nearing its completion in the Lakeside Drive neighborhood. This is a personal note of thanks and accomodation regarding various individuals and vendors assigned to the project. * The Arcon Company for keeping us informed daily about the opening and closing of Lakeside Drive and Hazel Street plus providing a temporary road past Rumpf Marina. * Miller Excavating Company and Arean Company heavy equipment operators for their long hours and work ethic. * Stillwater Water Department crew for monitoring the water project and providing information as needed. * City Engineer Klayton Eckles and Project Engineer Tim Moore for their prompt return of phone calls and very useful information. Finally, thanks for your support on this long overdue North Hill project, Sincerely, \ I~~. on and ~ u ne Swenson 103 Lake . e Drive July 26, 2004 Mayor Kimble and The Stillwater City Council, Police Chief Larry Dauffenback It's the day after the last day of Lumber Jack Days. The fireworks last night were spectacular. That was the only thing I took part in, and then it was from my front steps as I felt it was a lot safer there.. I was born and raised in Stillwater. During my high school years we had Play Days and then that was changed back to Lumber Jack Days. Play Days and the early years of Lumber Jack Days were fun. We always went downtown to see the water front shows, eat hot dogs in the park, Saturday morning pancake breakfast in the park, a glass or two of beer in the beer garden, the kiddie parades, and, when we were lucky a friend would invite us out on his boat. We'd take part in dressing up in Period costumes. We took part in the Sidewalk Sales, and it was so much fun meeting your neighbor, or a friend from up on the other hill... .to be able to talk and visit as you looked at the wonderful sales they had. There were Janda's, Kolliner's, Olsen's Dept. Store, St. Croix and Reeds Drug, Simonets... just to name a few. How many are still there? Only one has stayed. And what's in their place now? We have a couple nice Art Galleries, coffee shops, Shirt stores, a great Book store and Co-op, but mostly Antique dealers. And, they have every right to be there, but they're not drawing the local people downtown...... .the people you see walking the streets aren't "our" people, but Tourists. What's down there for us? Thank goodness there is a good cup of coffee... .and you need that after trying to find a spot to park just to go into the St. Croix Drug to pick up a prescription. But alas, I've gotten way carried away trying to make my point. .. .. . My point is, Lumber Jack Days is no longer a "Community Celebration". Dave Eckberg has advertised in every imaginable media, so far out ofthe area.....bringing in people by the thousands. Our town's population according to the signs at the entrance of town (and I'm giving a few as I think they're a little outdated) between 15,000 and 16,000. And I've heard from different sources there were between 70,000 to 80,000 people downtown on Saturday night alone. I'm surprised the . waterfront didn't sink into the river. Cars were parked up the hills from downtown in every different direction....Some up as far as Good Samaritan Nursing Home on the North, Lens Grocery on the West, and I know they were parked on South First Street up to Orleans on the South. I know because I live on the comer of First and Marsh. I also had the "pleasure" of a carload of "gentlemen" (and I use that word very loosely) parking in front of my house around dusk. And as I looked out to watch all the cars and people walking north down First Street, I noticed one of the "gentlemen" get out of the car in front of my house, and proceed to urinate on my boulevard. The next morning I looked out and they had dumped all their beer cans on my boulevard. And the noise, and the swearing and speeding cars at midnight was terrible. This was just one incident up here... ..I've heard it was terrible downtown. Why should our Police Department be so stressed that they have to call in 50-60 policemen from other areas just to handle the unruly crowds in the downtown. Why should our "locals" be scared to bring their family downtown to enjoy the celebration that should be "a local celebration". I know one young Dad said, "It was really pretty scary down there, I had to bring my daughter home. I didn't want her seeing what was going on." I think this whole thing has gotten way out of hand. I think it should be "downscaled" quite a bit, or cancelled for a few years. Ifwe have to have an influx of 80,000 people to pay for our * fireworks, then I think we could do without the fireworks. Sincerely, Katy Cartoney 1302 South First Street Stillwater, MN 55082 * And yes, I know, KSTP/Channel 5 sponsored the fireworks this year. . , . . . July 28, 2004 CITY OF STILLWATER 216 N. 4th Street Stillwater, MN 55082 Dear Mayor and City Council Members: As a former Stillwater resident and Lumberjack Days enthusiast of 25 years, I was eagerly looking forward to this year's celebration, my first since moving abroad to teach in 1996. Downtown Friday and Saturday during the day, I was delighted to see the expanded activities for children, the bustling restaurants, and the local shops filled with happy visitors. The city was lovely, sparkling like a lady dressed in her finest garb. Expecting more of the same Saturday night, I headed to the riverfront around 6:30. What a disappointment. Aside from crowds that rival those in Tokyo (though the Japanese are quiet and respectful of everyone else), I was shocked to see overflowing trash cans and witnessed young men having a urinating contest on Main Street. The area that was fenced off was.so packed with people that it was snail's progress to move toward the area where the band was supposed to play. Having security people at the entrances was a joke; when seven people were squeezing through at once, the likelihood of spotting someone carrying a beer out was low - and they did. We left the chaos of the concession area, seeking dinner at a Main Street restaurant, horrified to encounter rude celebrants openly swigging beer at the gas station at Myrtle, pushing and shoving each other with no consideration of other passersby. The restaurants were full, but the staff was harried and I heard that one of the riverside restaurants stopped serving food at 6:30 to focus on alcohol sales. Bars were bulging with drinkers; I saw a young woman literally propelled out of the door of Brine's as she fought to escape the sardine-like crowd inside. I shudder to think what might have happened if a fire had broke out. I walked to Sunnyside around 9:00 and endured an onslaught of ugly verbal comments from cars crawling into town from the backup that snaked up past Osgood on 36. One "delightful" young woman tossed an empty beer can at me and another threw a cigarette butt. Two groups of people were singing as they walked into town after parking on Overlook Trail, happily carrying the Stillwater Police Dept. DO NOT PARK ON THIS SIDE signs and pointing them at cars. A "perfecf' LJD celebration, Mayor Kimble? Hardly. When my son and his friends invited me to join them for the fireworks Sunday, I declined, saying Saturday had permanently turned me off to Lumberjack Days. They insisted, so I reluctantly agreed. I'm glad I did. Unlike the night before, the crowd was family-oriented, drinking was minimal, and everyone was smiling and having a grand time. In conclusion, I would like to toss an outsider's perspective into your discussion of future LJD festivities: Emphasize the family-oriented activities and encourage shoppers in to support the merchants and restaurants, but, like Council members Rheinberger, Kriesel, and Junker, I believe you need to tone down the concerts. Surely, one of the goals of this annual celebration is to get outsiders to see what a quaint city Stillwater is so they will return. Saturday night was more likely to ensure first-time visitors will never come back. ~ . Linda samarzi~ 5-19-2-304 Fukasawa Setagaya-ku Tokyo 158-0081 , JAPAN II (, 1 L'/ _ UW4 U4. 4l> C'~.l""JJ4fU") .. STILLWATER TOWNSHIP August 12, 2004 Stillwater Town Hall . Regular Meeting: 7:00 P.M. Chair: Laabs Call To Order A2enda: Adopt Minutes: Approve Minutes: Regular Town Board Meeting Jooe 22, 2004 Treasurer: 1. Claims and Checks 2. Attornev: 1. Curtis Lot Update 2. Raleigh Bond 3. Pinewood Ridge 4. Loe Encroachment Agreement 5. Recycling Ordinance Change 6. Swimming Pool Ordinance Planner: 1. Park Donation 2. A TV and Motorbike Ordinance 3. Silver Creek Corridor Plan 4. Response Fundingsland Trail 5. Garofalo Sign En2ineer: 1. Review Benn At Pinewood Ridge Subd.-!OOlh Street? . Clerk: 1. Brief Overview Of The Hazard Mitigation Meeting 1.. eou+\'\',\e.t- k~nt'\e..) L',Cet'lSe Committees: 1. Park Committee 2. Planning Commission PeoDle Portion: 8:00 pm. Karen Richtman With Grant Application For Signature 8:15 pm Old Business: 1. New Business: 1. Adiourn: Notes: I. t>qv~d J"OhflSDt'\ - no-\- fY"esen+ Avgvs-t Ia. Z, SheHa...- M~Y'ie. - 00+ ?re&e.~+ A\1c:1\J~+ ~lo Pat BantH . 7/25/2004 ./ . .' .. July 22, 2004 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Duane Laabs, Supervisors Sheila-Marie Untiedt, Jim Doriott, David Johnson and Jim Hiniker. Also, Treasurer Gloria Sell, Planner Dick Thompson, Attorney Soren Mattick and Police Chief Steve Nelson. 1. AGENDA - M/S/P Untiedt/Doriott moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Untiedt/Doriott moved to approve the 7/8/04 Stillwater town board meeting minutes as written. (5 ayes) 3. TREASURER - Claims and checks #16849 thru #16858 were reviewed and approved for payment. ATTORNEY - 1. Curtis Lot - An offer on the property has been accepted. Doctor Kaye thanked everyone for the help given toward a reasonable solution for the future of the lot. The variance application will be continued until the next town board meeting. 2. Buildino Insoection - Mr. Kramer is making progress finishing up past permits. A letter to the previous building inspector stating that since there is no recorded evidence of permits being worked on, Mr. Kramer will receive the fees. 3. Raleioh Minino Permit Bond. - A copy of the updated bond has been requested. 4. Pinewood Ridoe Subdivision - Engineer Pearson recommends that the improvements which were started in 2001 be accepted. Regarding the berm on 100th Street, the engineer needs to have a closer look at it, 5. Loe's Encroachment Aareement. - An agreement will be drawn up that protects the township and specifies that the end caps be removed from the structure in the township right-of-way. 5. PLANNER- 1. New Park Plan - More work will be completed on the plan and then presented to the board members. After that the plan will go to the park committee. 2, A,T.V.. Go-Cart. Motor-Dirt Bike Ordinance - Some issues with be researched and brought back to the board for the next meeting. The planning . commission will review the ordinance at the September meeting. 3. Silver Creek Corridor Plan - The board members basically support the plan. The planner will contact John Bower to let him know, " '~ Stillwater Town Board Meeting - 7/22/04 Page Two 6. GAROFALO SIGN ISSUE - The planner will contact Mr. Garofalo on Stonebridge Traie because the sign has not been moved back yet. The planner will report back to the board at the next meeting. 7. FUNDINGSLAND'S Ll: I I E~ - Another letter will be sent outlining the cost of a horse trail along Arcola Trail. 8. CHIEF OF POLICE - 1. Regarding noise levels, the township would have to have a noise level meter. 2. Regarding the township hazard mitigation plan needs, inclusion of storm sirens would be a good idea. 3. When the county stopped doing building inspections, their swimming pool ordinance disappeared. This item will be on the next agenda as the board feels such an ordinance is a necessity. 9. RECYCLING - Stillwater Township Recycling Coordinator Karen Richtman and Gary Borun from Waste Management were present to debate the issue of recycling every other week. Johnson/ Motion failed for lack of a second moved to direct the attorney to modify our present recycling ordinance to state that . recycling will be every other week. M/S/P Untiedt/Hiniker moved that the current recycling ordinance be changed to pick-up at a minimum of every other week. (4 ayes, Laabs nay) The recycling ordinance change will be ready for a signature at the next town board meeting. 10. ELEL lION JUDGES - M/S/P Johnson/Hiniker moved that the following residents will be election judges for the 2004 primary and general elections: Elaine Bartholmy, Kate Carlson, Karen Garley, Judy Josephson, Sue Langness, Joyce Larson, Helen Olsen, Rosemary Ranalla, Deborah Sinclair, Kathy Schmoeckel, Vicky Turchiniak, Julie Wasser and Linda Francis. (5 ayes) 11. ADJOURNMENT - Meeting adjourned at 9:30 p.m. Clerk Chairperson . Approved ... ., Diane Ward .From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, July 29, 2004 11 :07 AM Pat Raddatz Washington County Board Agenda - 8/3/04 ** PRIVATE ** Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda August 3, 2004 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 - Financial Services * Edison Vizuete, Director GFOA Achievement for Excellence in Financial Reporting for FY Ending 2002 and Presentation of the Audited Comprehensive Annual Financial Report for the Fiscal Year 2003 5. 9:20 - General Administration * Jim Schug, County Administrator 6. 9:30 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:40 - Adjourn 9. 9:45 to 10:30 - Board Workshop with Transportation and Physical Development Update on the Valley Creek Road/Century Avenue Projects in Woodbury ~0:45 to 12:00 - Finance Committee Meeting HRA's Proposed 2005 Budget * Barbara Dacy, Executive Director Update on County Tax Abatement Projects 1 " ,. ~*********~*****************************~***********.~*****.~***,~******'*** Reminder: No Board Meeting August 31, 2004 * 5th Tuesday , Meeting Notices '. . , August 3 - Brown's Creek Watershed District Interviews 8:35 a.m., Washington County Government Center August 3 - Metro Tr;imsitways Development Board 8:30 a.m., 12S Charles Avenue * St. Paul August 3 - Plat Commission 8:30a.m., Washington County Government Center August 4 - Metropolitan Energy Task Force 1:00 p.m., 2099 University Avenue W. * St. Paul *************************~***************~****************************** Washington County Board of Commissioners Consent Calendar * August 3, 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 add/or separate aciion. The following items are presented for Board approval/adoption: Administration A. Approval of a two year, $30,000 demonstration grant from the National Center for civic Innovation to secure .citizen participation.in improving Washington County's existing performance measurement activities. Community Services '. ,B. Approval of the second amendment to an agreement with Hennep~I;l County Department of Training and Employment Assistance to provide job preparation and training services for. incumbent workers, underemployed and unemployed persons seeking careers in Health Care. through'an HI-B grant which began July I, 2002 through March 31, 2005. Financial Services C. Approval to'clos,e Fund 120 I Use of .state Institutions,.Furtd 124, COllll;nunity Circles, and Fund 316, LEC Capital Lease Bonds. Information Technology . , ., D.Approval to award bid for the purchase, installation, configuration an9 maintenance of a new iSeries :520 Server in the amount of $71,779.45 with ,Pinnacle Business Systems, Inc. Transportation and Physical Development E. Approval to set a public hearing for August 24, 2004 to consider an application to rezone a 20 acre parcel of property from C, Conservancy Dist:rict to A-4, Agricultural District in Stillwater Township. Pat Raddatz, Administrative Assistant.' Washington County Phone: (651) 430-6014. e-mail: pat.raddatz@co.washington.mn.us . 2 Diane Ward .rom: ent: To: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, July 22, 2004 2:00 PM Linda Engh Washington County Board Agenda - July 27,2004 Washington County Board of Commissioners 14949-62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda July 27, 2004, 9:00 a.m. 1. - 9:00 - Washington County Regional Railroad Authority Convenes * Mike Rogers, RRA Planner A. Roll Call B. Pledge of Allegiance C. RRA Minutes from June 15, 2004 D. Revised Red Rock Corridor Joint Powers Agreement E. Adjourn 9:30 - Washington County Board of Commissioners Convenes Roll Call 2. - 9:30 - 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 .eeting begins and give it to the County Board secretary or the County Administrator. The ounty 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. - 9:40 - Consent Calendar 4. - 9:40 - Transportation and Physical Development * Jim Luger, Parks Director Minnesota Recreation and Park Association Award of Excellence 5. - 9:45 - Washington Conservation District * Konrad Koosmann, Manager Health of Lakes in Washington County 6. - 10:05 - General Administration * Jim Schug, County Administrator 7. - 10:20 - 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. - 10:40 * Adjourn ~. - 10:45 to 11:15 - Board Workshop with Information Technology ~~commendations and Findings from the Technology Strategic Planning Effort 11. - 11:15 to 12:15 - Board Workshop with Transportation and Physical Development Aerial Photography, FEMA Floodplain Mapping and Land Management Activities 1 " * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . Meeting Notices July 26 - Library Board 6:30 p.m., 8595 Central Park * Woodbury July 27 - Planning Advisory Commission 7:00 p.m., Washington County Government Center July 28 - Mosquito Control Executive Commission 9:00 a.m., 2099 University Avenue West * St. Paul July 28 - Reg. Solid Waste Management Coordinating Board 10:30 a.m., 2099 University Avenue West * St. Paul ******************************************************** Washington County Board of Commissioners Consent Calendar * July 27, 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 July 6 and 13, 2004, Board Meeting minutes. B. Approval of proclamation congratulating the St. Croix Valley Kennel Club. Assessment, Taxpayer Services, and Elections ~ C. Approval of abatement on trucking properties parcel 36.028.22.22.0037 in the amount o~ $14,462. D. Approval of resolution approving the sale of parcel 18.027.21.14.0001 to the City of Cottage Grove for a public purpose. Community Services Approval of the Community Development Block Grant Subgrantee Agreement with Two Rivers Community Land Trust for the Community Initiated Program (CIP). County Attorney F. Approval of resolution to accept continuing emergency funds from the State of Minnesota, Office of Justice Programs for the Victim/Witness Program. Human Resources G. Approval of banding/grading recommendations of the Comparable Worth Committee for Public Information Coordinator II (Webmaster) C42-1. H. Approval of contract renewal for County Administrator. Information Technology I. Authorization to renew iSeries maintenance for 2004-2005. Transportation and Physical Development J. Approval of resolution, final payment to G & S Roofing, Inc. in the amount of $2,864 for re-roofing of the South Road Maintenance Shop. K. Approval of resolution, final payment to Little Tikes Commercial Play Systems in the ~ amount of $10,000 for the play structure at Lake Elmo Park Reserve. 2 , . . . 08/02/2004 10:37 5514394035 11 :. i I .,1 1\ II . I I Ij I. \ \ Ii t i ~: I' , 'e: it: ui ji i ni L 1 i j: ~' m: . ~: ~ .L . c i 1 GSCC PAGE 02 ~' : !.'.'. l ~~ . (~ j; IT'S TIi j OR CITY HALL TO KNOW WHAT YOU T : AB,:'JIUT LUMBERJACK DAYS! . : II ' . .. . . L: . .' POLICE .p....... APl..'.:.,l. CRAIG PElhRSON: "SKYNAllD'SCROWDWASALluLE SCARY, AI'1, BOF ,~ERED ON OUT OF CONTROL" ST.P A~.: PIOl1 EER PRESS: unm BOOZING AND BRAWLING AT STTILW A . R'S L;' ERJACK DAYS FESTIVAL GREW SO ROWDY SATIJRDAY NIGHT'T NE/' Y 50 PoueE OFFIL:~ COULD BARELY~l' UP...... 1 iji . WAS:<. TO': CO.SHERfrt', JIM FRANK: 4~DEPARTMENTMADE AN ~ . y,: UT OF THE ORDINARYNlTMtsm<. OF ARRESTS ON SATURDAY", AND THAT! T W . . <<AVERY STRESSFUL NIGHT FOR LAW ENFORCEMENT". BAYPOI1T RI, IDENT BETSY JOHNSON: LUMIlli1<1ACKDAYSllAS "COMPLET Y v' T ANY SEMBALENCE OF A FAMlLY FUN FESTIVAL". n ARE YOU D ... ~l:iliI.NG YOUR CITY AND OUR HISTORIC DOWNTOwN MADE UNLIV AB FOR ~;trn PEOPLE WHO LIVE AND WORK HERE? ARE YOU mED l... HEARING ABOUT FE~ll V ALGOERS PUILING KNIVES, FIST FIGhlU\{G ..' p: .t[" PLE GOING TO THE HOSPITAL ^" 1};l( BEING INJURED BY THE CROWDS? j ; I ~ ) ARE YOU ~~IRED:f DRUNKS STUMBLING AND URINATING AIL OVER YOUR CITY? :~~:~Cjr:::S:~::::3:~::~::' OPENFOR~ \. , , TEll yotm. cr:t COUNClL AND MAYOR, 11IAT YOU'RE SICK AND TIRJ.ID OF WHAT LutlaERJ I K DAYS HAS BECOME AND THAT IT MUST BE CHANGED! ) . ',! j i ~. . 1 ~. ~. 11: 1: 1 i ; I: l g. I .~. YOU WERl1 PRO ED THINGS WOULD NEVER BE LIKE TIllS AF 1.hK REO SPEED'1A: " TIlE PROMISE WAS BROKEN AND ITS TIME FOR MAJOR CHANGtS!H i SEE YOr THfb ~ . : I JI . . . 7-27-04 To: Stillwater Gazette Stillwater City Council From ~~~ ~~p;:n~k and Andy Jenks ~;;~~. ~ Stillwater MN 55082 ~ 651-439-0115 Re: Lumberjack Days Hurray for the fireworks, police and EMS re: Lumberjack Days. Great job. Other than that, we register our disappointment. Here are some of our questions and comments: What are the goals of Lumberjack Days? Are they for the community of Stillwater? Are they for community-building and safe fun for all ages? Who does this benefit, is there a poll on that? Do the businesses get more business from this crowd throughout the year? Does Stillwater get name recognition? Is this what residents want? Why a national not local band and why for free? Does the promoter use a resident participatory process in choosing LID activities? Granted there are some activities for various age groups but the predominant and expensive activity ( evening concerts) keeps us and the majority of my neighbors from participating at all. (We did an informal pool in our block.) Our neighbors saw people carrying bottles and cases of beer downtown. They also had people on the comer in their yard, 6 blocks from downtown, drinking from their cooler after midnight. We picked up 3 large garbage bags oflitter along 3 blocks of 2nd St N on Sunday morning. We're surprised that the city council and/or the Stillwater Gazette do not offer a website or phone machine for residents to register their votesre: Lumberjack Days. St. Paul Pioneer Press offered residents to vote at www.twincities.comIurge residents to speak their mind about their community festival. We've felt this way for years and finally feel we need to speak up. It seems Lumberjack Days is like the Somerset festivals only Lumberjack Days is free and Stillwater or someone picks up the tab. (The cost of extra police alone was $45,000.) . . . 502 Quarry Lane Stillwater, MN 55082 July 26, 2004 City Manager City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Sir: I think the time has come for the City to re-evaluate what events may occur during Lumberjack Days. In the old days when it was sidewalk sales, log rolling, kiddy park and the parade, it was a fun community event. It has deteriorated into a music event attracting hordes of people from outside of the area far exceeding the safe environment that the City has been accustomed to. This past weekend with the hordes of people, lack of parking and bathroom space made this event for the locals a nightmare rather than an enjoyable experience. A potentially serious event occurred on Saturday evening when a Piper Pawnee aircraft flew along the river from the South, towing a banner advertising Jim Herbert's mortgage company. This aircraft on its initial pass cleared the bridge by just a small margin, flying over masses of boats moored together off the band stage. Should an engine failure have occurred, there could have been a catastrophe of major proportions. The Federal Aviation rules are that an aircraft shall be no lower than 1,000 feet above the highest obstacle other than when arriving or departing from an airport. I,respectfully ask that you give some consideration to these concerns. Thank you. ~""'....~, . . . RIVER MARKET 221 North Main Street Stillwater, Minnesota 55082 Telephone: (651) 439-0366 Facsimile: (651) 439-9389 Community Co.ep July 30, 2004 To: Stillwater City Council Members Dave Junker, John Rheinberger and Gary Kriesel Mead Stone General Manager River Market Community Co--op Lumberjack Days From: Re: Just a quick note thanking you folks for speaking up (Pioneer Press, Tuesday, July 27,2004) about some community concerns stemming from Lumberjack Days. Last Thursday and Friday River Market experienced small increases in customers, but our sales were down about 9% compared to normal. Saturday was a great day for customers in our store, but sales started really slipping, down about 40% for our normal Saturdays. Finally, on Sunday our customer count was down 10% from a "normal" Sunday, our sales hit bottom, down 50%. For the four Lumberjack days River Market lost about 27% of our normal sales volume. I cannot speak for other businesses, but because of the drop in sales, we had to dip into our savings when we paid bills on Tuesday. Next year we will probably close earlier-once the concerts get going, our business stops. Looking at hourly sales, we could have closed Friday and Saturday two hours earlier and Sunday one hour earlier. It was too bad that St. Croix Events did not give us advance warning about the Saturday morning race which closed Water Street and our parking lot for customers, employees, and vendors until about 11:30. Had we known, we could have spread the word and help our customers and employees prepare for alternative parking. Our main delivery could not get into the receiving dock area with a semi,trailer truck, so . . e we had to hand load five pallets of merchandise from the truck to the ground and from the ground onto the loading dock. Again this year we had to staff parking attendants to keep our lot available for River Market customers. We spent several hours picking up garbage and broken glass around the store. It's a lot of work for everyone. One River Market employee who picked up litter that Sunday morning told me the clean up people just "walked right by stuff"-without picking it up. All,in,all, during Lumberjack Days River Market had more people in our store buying much less. Our labor expense increased because of high customer counts (a good thing when people BUY more), delivery problems, and the need for parking lot supervision. Employees were late when they found they could not park in the parking lot. Many of our best shoppers just stayed away for the weekend. I am afraid I do not think Lumberjack Days is a "great celebration" or that lor many of my co' workers and customers had "a great time." I can say it is a large event which has an impact on the community in many, many ways. Thanks again for speaking up! Sincerely, ~ Mead Stone River Market Community Co-op . . e LOCAT ION: P.02 To Stillwater City Council: What happened to the family, community event of the past called Lumberjack Days? It's been replaced with a three day Woodstock! It will get Stillwater's name on the map, but at what cost? Bad for the residents, bad for businesses, and bad for the city! Mike McGuire General Partner Brick Alley RX TIME 08/03 '04 09:49 . . , ~ 3/.,;;J~ l1aA-flltt,C/I/<:ut61.. ~~ I ., IIfk .~ is he cf'L ~~ ~/U~ ~~ lptA- !fu;/e~. cd ~:;rl~ ~ r~(j!.i: ~ ifu ~~ Yfu&{idf, ".c, ~ ~~It'Zct C<.. IJ ~ ~ ~ ~. <I , kjAo-ncp ~ /LU(/i fo.~d\f. -to tfUl. ~4 &f ~L~)a.-~io. toIz~ ~ ~)1{T ./ dl Aa~ -~ 70.. ~. crud- ~~--<- '1 ~~~ ~;; /le>1- ~ / 110 /l<it ~ 0J~ oSt ~_It~ ~ ~Jb:k.. p~~ ~ a..d ~ ~C.U-.-ff ~ ?&t~~dr{A~. ~ M ~J ~ all ~.:rt;j Joilc1~ &(I~~. fhd--1$' ~/ ~-~-~~-rtr ~,~ ijBt~ (Ie , _ -J ~~U ~ ~~h ~3 /l~ b--c~c4 . Af!;tz~ 4-~~ r .Jh J ~.~r ~? 0t;)~ ~ d~ ~~ h ~ '*~. ~ i~ ~~e-k~ ~ ;tJ -zkn. . 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';Ud ~ - . j~ ""'<'<'1. ~' ~ a c~"''U-U.-;;/o ..J/:"a.e<v~ i/U..U,~ 7~ ~' (/ 1,1, 1 / ' ",' ".I ~ c.. ,'''1- j/~1I.<.- dJ.4,~j~ e~'.G - " ~~ "~~" J:1-,~ d W~-. ':t~ -<1d J i ~,V J;.w,J !~d J .:t.k. /W _ F'" 4M :J~ ~~ J liet. /J(Jf\ -5~cf~ ..,"'" """j' - 5'L[, b4~~ - ~I<J~- '>, b-fO/l. '-";1-"ly ~ ~ A-" ~ - /j^..v ~...::e ~ q I r '!t " ' .f- ;..; J n ,(J" fi " t.(/ NA ~. -1' 9 J~J~ l.{) A!e ~ JA 0 R..JL IV 7'" Lv ~'- ~~ CL, f),'- })~ k,) ~. .Jt>>'- ~ :- tt./.-to ~ J ~ . !.. ll' 2' --. Ai1 ~a ~e.." /VY'--<'~ ~ ':iG.~/~ A.-b ~ ~Jc L t.) "'- TtL-!-:17....... d" t- r i,~cf-,.; f ~ - 5-; /}~~ j)~~ 5-tJ~ '74J<J t.t."'=> 5 SJ.~~'1 . . . . Stillwater Chamber of Commerce 106 South Main St. P.O. Box 516 Stillwater, MN 55082 To Whom It May Concern: I first would like (I think) to thank you for trying to bring in Lynyrd Skynyrd fora concert. I don't know if you understood the magnitude of this group and how big they really are. We knew there would be a lot of people but this was out of control. I feel you need to know what was happening in that concert area. We're Harley riders and so we found places to park. But for the concert area, I don't believe you were prepared for that type of crowd. There was no security control what so ever and the kids under 21 were getting pretty messed up and belligerent. We saw 2 fights break out in front of us but the crowd around them got them under control and we had to continually keep people moving around us so we could try and enjoy the concert. If someone had been shot or stabbed in that area they wouldn't have even fallen to the ground because people were smashed up against one another so tight. If there had been a medical emergency, that person would've been outta luck. I have a few suggestions: . 1. Fence off the area for the concert and where people plan to sit and put blankets down. 2. No one under the age of21 in that area and put some beer tents and port-a-potties inside for just concert-goers. 3. Do like Pappy's did and cut off the # of people that can get into that area once it is filled. As people leave then you let people in. 4. Hire security to = the concert area and your roadways once the concert lets out. We've attended a lot of concerts and rallies during the last 30 years and this was the first time in a long time where we didn't see security. The concerts and events that hire outlaw clubs to mane security have always been the safest. We had a group of6 of us and we were able to keep the drunks from stumbling over the couple next to us with a child in a stroller. We were also able to keep people. away from L the couple in front of us with their teenage kids so they could enjoy the concert with their kids. We were thanked by both of them at the end of the concert for the policing we did. I must say that it didn't add to an enjoyable evening for me. . We waited awhile before leaving the concert area at the end. As we were walking, I had 2 teenagers to my left start saying, "Hey, let's start a riot wouldn't that be fun?" I turned and looked at them and told them that wasn't really an American thing to do and that Lynyrd Skynyrd wouldn't endorse that either. They both looked at me and said, "Yea, you're right" and we began talking about the concert. They were good kids but the situation was so frenzied that this is what these kids were thinking of doing. . . . We seriously felt sorry for the Stillwater police force. I wouldn't be surprised if they said never again. We didn't get out of town and back to Hudson, WI until 12:30am and even us 01' bikers~~ery nervous about the crowds under 21 gathering on the streets. I don't know what happened after that time but if you didn't have any riots and smashing of store fronts, you're lucky. We chose not to come back in on Sunday but ride in Wisconsin for the day. And, I'm sorry to say that the 6 of us will not be back to Lumberjack Days in the future unless you hire security for these events. The danger is just too high. Thank you for allowing me to express what we saw and good luck. Regards, dJ~ 9' ()~~cf1vL Bob & Diane Racek Pratt Blacksmith Shop, Inc. 4852 Pratt Avenue Owatonna, MN 55060 . . . Gina Sanders From: Mary Kunkel [Mary.Kunkel@co.washington.mn.us] Sent: Monday, July 26, 2004 10:40 AM To: info@i1ovestillwater.com Subject: Lumberjack Days I HAVE to send this comment to whomever managed Lumberjack Days. If that is not the Chamber, please forward this to the appropriate party. I arrived at 7:00 p.m. Saturday night to see Skyrnd. My first stop were the porta-potties near the gas station near the old Maple Island building. The first one was full to the brim and the others were simply filthy. Now remember, this was 7pm. By 11 :30 they were flowing over onto the street. The men would pee in the yearnl and it was flow out the seat onto the floor and out the door. Why in the wide world were these not cleaned/pumped earlier. As I said, they were full at 7:00 p.m?? This was disgusting and totally unnecessary!!!! 7/28/2004 Gina Sanders From: A>ent: ' ~o: Subject: Brown, Terri [Terri.Brown@courts.state.mn.us] Monday, July 26,2004 2:23 PM 'info@ilovestillwater.com' Lumberjack Days Complaint My friend and I had tickets to be in the VIP tent for the Lynard Skynrd show on Sat. night. We knew it would be a challenge to find parking, so we left three hours before the show was to start. Coming from Vadnais Heights, it only takes about 15 minutes to get to Stillwater. As I'm sure you know, there were a LOT of people there. And I'm confident that the Sat. afternoon/evening crowd was due pretty much to Skynard - they have a huge following. We drove around for nearly two hours, looking for a place to park, to no avail. We missed the show, which we very, very much wanted to go to. And I know we weren't alone; when we finally gave up, we went to No. St. Paul, and ran into a lot of people who were complaining about this. This continued for the rest of the evening, everywhere we went. My question is: why weren't there arrangements made for shuttle services from places such as the Malls on Hwy 36? This same thing happens every year, and there's never anywhere for people to park unless they get there at 8:00 in the morning, and not everyone wants to do that. I can only hope that consideration is given to this in the future. If not, many disappointed people will never try to attend again. Terri Brown .Data Q~ality Control Specialist Minnesota Supreme Court Information Technology Division Ph: 651/297-7631 Wats: 1-800-657-3976 Email: terri.brown@courts.state.mn.us Terri Brown Data Quality Control Specialist Minnesota Supreme Court Information Technology Division Ph: 651/297-7631 Wats: 1-800-657-3976 Email: terri.brown@courts.state.mn.us . 1 Gina Sanders . From: Peggy Raverty [praverty@earthlink.net] Sent: Wednesday, July 28,20048:50 AM To: info@ilovestillwater.com Subject: Lumberjack Days On Saturday, July 24th, I was headed home from River Falls to my home in Scandia. I was aware of the festivities in downtown Stillwater, but made the mistake of going down highway 95. I thought, "How bad can it be? After all, this is Stillwater. Can't be much worse than the usual after work traffic headed for the bridge." How wrong I was!. I was alone in the car and actually more than a little afraid for my safety by the time I reached downtown. It was 1 0: 15 PM People were walking on the highway like it was a sidewalk and I got more than one pound on my car roof for being in "their" way. In the immediate downtown blocks, people were darting in between the traffic (one guy almost got hit by a police officer on a four wheeler) and drinking on the sidewalks. One guy fell off the curb and his friends couldn't get him upright (he was dressed like an affiuent 30-something, so we're not talking about a shaggy haired goofball type). He was sitting on the curb, barely, when I was able to move on. I later heard that the concert didn't end until 10:45 PM so don't tell me it was just the concert crowd letting out that caused the congestion and bad behavior! I've been under the impression for years that this was a "family event". I guess I was wrong. - Peggy Raverty -- oravertv@earthlink.net - - - -- EarthLink: The #1 provider of the Real Internet. . . 7/28/2004 I~~. ;J , . # \)11.., (' [, I .ly , I \ 0 \jJ 'I)/ ti lJ \ '/;\ ELECTRONIC PAYMENTS FOR UTILITY BillS ARE HERE~.. +telltlTater ~) In~'~i~I'~_ "'ll.~ -i",,,,w"","m,,,,,,'''''l.~ THE BI'''~''~.~~CE OF MINNESOTA ~ I;;. ~.'.~- ~"l-. ~ You can now have your City of Stillwater quarterly utility bills* automatically deducted from your checking or savings account. . *Note: The City of Stillwater Quarterly Utility Bill includes fees for sanitary sewer, storm sewer and signs & lighting ONLY. This does NOT include your water bill. HOW: Complete and sign the form on the other side, attach a voided check or savings deposit slip and return to City to Stillwater, 216 North 4th Street, Stillwater, MN 55082. " WHEN: Automatic Date Automatic Payment Request Billing Quarter Automatic Payment will Received by: Payment to Begin occur September 15th 4m Quarter (October to December) January 10m December 15th 1 st Quarter (January to March) April 10m March 15th 2nd Quarter (April to June) July 10th June 15th 3rd Quarter (July to September) October 10m Once you have signed up for automatic payments, it will remain in effect until you give the City notification to terminate .. IF YOU HAVE ANY QUESTIONS REGARDING ELECTRONIC PAYMENTS OR YOUR UTILITY BILL, PLEASE CONTACT MARY AT (651)430-8815. Answers To Questions About Electronic Payment Q: What is electronic payment? A: Electronic payment is automatic bill payment whereby your payment is de- ducted automatically from your check- ing or savings account. Q: What is the advantage of elec- tronic payment? A: It saves time! It saves work! It sim- plifies your life! You can avoid the has- sle of writing or mailing checks! Q: How can you transfer money from my account? A: Only with your authorization. Q: When is the electronic payment transferred from my account? A: On its due date. You never have to worry about forgetting a payment or mailing it on time! Q: If I do not write checks, how do I keep my checkbook balance straight? A: Since your payment is made at a City of Stillwater 216 N. 4th Street Stillwater, MN 55082 pre-established time, you simply record it in your check register on the appro- priate date. Q: Without a canceled check, how can I prove I made my payment? A: Your bank statement gives you an itemized list of electronic payments. It is your proof of payment. Q: Is electronic payment risky? A: Electronic payment is less risky than check payment. It cannot be lost, sto- len or destroyed in the mail. It has an extremely high rate of accuracy. Q: What if I change bank Accounts? A: Notify us and we will give you a new authorization form to complete. Q: How much does electronic pay- ment cost? A: It costs you nothing. Plus, you save the cost of stamps, checks and enve- lopes. Q: What if I try electronic payment and don't like it? . A: You can cancel your authorization by notifying us at any time. But, once you've enjoyed the convenience, time and money savings of electronic pay- ment, we doubt you will want to go back to paying bills the way you did before. Q: How do I sign up for electronic payment? ' A: Complete and sign the authoriza- tion form below and retum it to us along with a voided check or savings deposit slip. Q: How do I know if I have success- fully signed up for electronic pay- ment? A: On your quarterly billing statement you will see a note that says "Auto Withdrawal- Do Not Pay". If you do not see this note, please call (651) 430-8815 to verify that we received your information. I X I Yes, I'd like to sign up for Electronic Payment . Payment dates are: Jan 10th April10th July 10th Oct 10th Name on Account (Please print): Address: City: State: Please transfer payments directly from my: Routing # (between these symbols I: I:): Account # Zip: Checking Account (Attach a voided check) Savings Account (Attach a savings deposit slip) I authorize the City of Stillwater to process debit entries from my account. This authority will remain in effect until I give reasonable notification to terminate this authorization. I understand that I will be mailed a copy of my bill each billing quarter and that the dollar amount due each quar- ter will vary according to the usage and the rates for the year. I have attached a voided check or savings deposit slip. Authorized signature on my account: Date: . *Please attach voided check or savings deposit slip * ~ j I ,Ill Ehlers & Associates, Inc. - Leaders in Public Finance Since 1955 THE CHALLENGES OF LOCAL GOVERNMENT Five Realities to Understand When Adapting Business Models to Government One of the most common questions people ask about government is, "Why can't cities run more like business?"The desire to adapt business models to government is understand-able. It is easy to find models of efficiency in business when concerns about government costs arise.The private sector has lessons it can teach the public sector. But before attempting to adapt business models to local govern- ment, it's important to understand the differences, complexities and challenges that must be faced. What follows are five realities of local government. 1) Local Control is limited Local governments are not in a position to control revenues, products and services they provide. . State and federal governments regulate many aspects of how cities conduct business, what services are provided and the revenues to fund services.As state and federal budgets tighten, cities face more mandated services with less revenue. · Unions and employees groups have vested inter- ests in changes in how services are provided and often exercise considerable influence over pro- · The most significant investment for many property owners is their home. City officials are entrusted with the responsibility for assuring that the values of properties will appreci- ate over time. That requires careful and deliberate planning. · Central to city decision-making is the requirement that the public has the infor- mation and ability to participate in those major decisions (public facilities, changes in services, etc.). . The public, through the voting process, is in a position to judge whether or not the city is achieving its bottom line. posals to change city services and operations. · Cities are subject to com- plex state and federal labor relation laws and regulations impacting how they manage their work force and services. 2) The Bottom tine Business' bottom line is profit, but governments have a dif- ferent kind of bottom line. · A city's bottom line is to ensure the community continues to be a good place to live, work and do business. JULY 1, 2003 THROUGH JUNE 30, 2004 # of Bond Financial Advisors Rank Sales Ehlers & Associates 1 207 Springsted Incorporated 2 193 Public Financial Management Inc. 3 72 David Drown Associates 4 30 Northland Securities 5 21 Caine Mitter & Associates Inc 6 13 Kaufman Hall & Associates, Inc. 7* 2 Dougherty & Company LLC 7* 2 First Albany Capitallnc 7* 2 FWW Financiallnc 7* 2 Top 10 Totals 544 Market Share 37.9 35.1 13.2 5.5 3.8 2.3 0.3 0.3 0.3 0.3 lENT GO! NMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT 3) Complex Finances City government fmance is more complex than business fmance. · Government finances are complex because governments are complex. Cities must account for a wide range of activi- ties, operation and assets including basic government services, long-term debt (ADAPTING BUSINESS MODELS continued on page 6) Source: Thomson Financial, Phone 1-973-622-5200, Date: 07/1412004 Moody's Upgrades Credit Ratings for 60 Cities Moody's Investors Service, who provides credit ratings on municipal bonds, recently issued upgrades to 60 communi- ties in Minnesota. In an unusual manner, these upgrades were the result of an internal review by Moody's rather than a formal request from the communities. Under normal circumstances, Moody's will review the viability of a community in conjunction with a new bond offering or if a major event occurs which will . have either a positive or negative impact on the community. Minnesota statutes require municipalities who issue general obligation debt to levy 105% of the principal and interest due on the bonds. This levy is irrevocable and therefore provides a significant margin against potential delinquencies in tax col- lections. With the overall average tax col- lection rate in Minnesota in the 97-99% range, municipalities generally collect more than enough to pay the actual debt service on their general obligation debt. Even when tax levies are supplemented with special assessments or utility rev- enues, there must be a certification that at least 105% of debt service will be forthcoming. To the extent municipalities develop a surplus in the debt service account, such surplus can be used to off- set future tax levies, accumulated to pre- pay bonds or, if funds are remaining after the bonds are paid off, to be used for any purpose of the community. Most commu- nities will place those surplus funds in a "Closed Bond Fund" and use those funds to pay for projects for which there is lit- tle or no feasible way to borrow money to pay for the projects. The overlevy requirement has been on the books for many years but now Moody's considers the universal State requirement to be higWy favorable in their rating review. The five credit factors which they apply in their rating analysis are 1) legal security, 2) local economy, 3) fmancial operations, 4) debt proftle, and 5) management. Moody's ratings range from the best Aaa to the minimal invest- ment grade of Baa3.The closer you get to the Aaa category, the lower the interest cost on your borrowing. Our congratulations to all of you who received upgrades: Arlington, Belle Plaine, Benson, Breckenridge, Ehlers Advisor 0 July 2004 Buffalo, Cannon Falls, Champlin, Chanhassen, Chatfield, Chisago City, Cold Spring, Crookston, Delano, Detroit Lakes, Dilworth, Dodge Center, East Grand Forks, Farmington, Gaylord, Ribbing, Isanti,Jackson,Jordan, Kasson, La Crescent, Lake City, Lauderdale, Le Sueur, lindstrom, little Falls, Madelia, Melrose, Mora, Morris, Mountain Iron, Newport, Paynesville, Perham, Pipestone, Princeton, Rockford, Roseau, Rush, Rushford, Sauk Centre, Sleepy Eye, Spring Park, Spring Valley, St. Charles, St. Francis, St.James, St. Joseph, Stewartville,Thief River Falls, Virginia, Wabasha, Wadena, Wyoming and Zumbrota. Ending of the 2004 Legislative Session Could Be the Beginning of 2005 Budget Concerns The 2004 Minnesota Legislative session ended with no major legislation passed to resolve State budget concerns. There was no solution to the $160 mil- lion state budget deficit; no bonding bill, no major tax bill; no public fmance bill, and fmally no local levy limits. Legislative discussions will continue next session on the issues of annexation, eminent domain, and TABOR (Taxpayers Bill of Rights). Some legislative initiatives passed that will impact local governments included: o Clarification that collateralization of public funds occurs at the end of the banking day. o Land use application fees must have a nexus with the actual cost of serv- ice in addition to being proportion- ate to the actual cost. o Electronic Web sites can be used to meet some publication requirements o General obligation bonds can now be issued for obtaining and comply- ing with permits for storm and sani- tary sewer construction. o Competitive bidding threshold for all cities is $50,000. o Municipalities can purchase and sell supplies, materials, and equipment through an electronic bidding process. The Governor balanced the $160 million state budget gap with one-time revenues 020 from capital accounts; a 3 percent gener- al budget cut, and increased collections by the Department of Revenue. While . that solution works, it will not solve th budget's structural imbalance. A budget shortfall of $441 million is pro- jected next year when the legislature returns. With inflation, the actual deficit could be in the $1.1 billion to $1.2 bil- lion range. The 2005 legislative session may require municipalities, once again, to deal with the impact of the state budget problems. Legislation Allows Cities to Issue Bonds for Facilities Without a Referendum Under a law passed last year by the Minnesota Legislature, cities may issue bonds without a referendum under a five-year capital improvement program similar to that which is in current law for counties for improvements to a city hall, public safety, or public works facility. To qualify for the exemption under the law (Minnesota Statutes: Chapte~ 47~, . Section 521), the followmg qualificatlo must be met. o The project is limited to acquisitions and betterments to public lands, buildings or other improvements used as a city hall, public safety or public works facility. o The public improvements must have a useful life of at least five years and cannot include capital improvements such as light rail transit or related activities, parks, libraries, roadslbridges, administrative build- ings other than city hall, or lands for those facilities. o The bond issuance must be approved by a three-fifths vote of the governing body membership. o The project must be part of a five-year capital improvement plan, and the requirements for the plan and public hearing requirements must be met. o The issuance of the bonds is subject to a reverse referendum; o The issuance of the bonds is subject to the municipality's net debt limit.. If you have questions about issuing bonds under this law for a qualifying project in your community, contact an EWers financial advisor. I- I Ehlers Advisor . July 2004 Planning for a TIF District's Expiration - FAQs . .lanning for the end of a tax increment fmancing (ITF) district can help you avoid some common pitfalls and can create some opportunities. Here are questions we frequently hear from clients. \ Q. How do I know when my TIF district expires? A. Each tax increment district has a specified number of years over which increment may be collected and spent. The TIF dis- trict's term is determined by the type of tax increment district it is (economic development, redevelopment, etc.), the year the first increment is received, under what law the district was cre- ated, and the term specified in the tax increment plan. Compare the term of the district stated in the plan with the term on reports you receive from the county. If they differ, it's important to figure out which is correct. Q. Can we "use up" increment in the district before it is decertified? A. Sometimes, as a district winds down, there is more incre- ment available in the district than was committed to a project or allocated to pay debt service. How the increment can be spent is restricted by complicated State laws and yourTIF plan. For districts with a certification request date on or after May 1, 1988, the statutory "five-year rule" requires that an activity fmanced or paid for directly with tax increment must occur within five years of the date of certification. Activities paid for after the five-year point (regardless of location) count as expen- ditures made outside of the TIF District, and are subject to pool- 6ng limitations. In addition, all expenditures must be consistent .with yourTIF budget. Q. What happens if we have inu ":'ment in a district that will be expiring, but have a deficit in other districts? A. Some tax increment districts experience deficits because of the state property tax changes between 1997 and 2001. Regardless of the five-year rule and pooling limitations, a city may take increment from one district and transfer it to a deficit district to meet the outstanding obligations of that district. Deficit pooling usually requires a modification to the tax incre- ment plan, so be sure to explore this option before the district is decertified. Q. will the Office of the State Auditor still look at our district after it is decertified? A.You bet.The year following decertification, and every year there is a balance in the TIF fund, reports must be ftled with the Office of the State Auditor (OSA). The OSA has shown spe- cial interest in decertified and expired districts. Some of the items they have been looking at include, but are not limited to: . If expenditures were consistent with the approved budget. . That tax increment did not exceed the amount budgeted. . That increments were not received past the OSA's interpre- tation of the duration limit, which may be different than how a county calculates the last increment distribution. If you received more increment than allowed in the TIF plan, . you will have to pay it back to the county, even if you have used it for eligible expenses. Likewise, if you expended more than budgeted, you may have to pay increment back to the county, even if you have to use another funding source to do so. We recommend that you carefully review and, if necessary, modify the budget before the district is decertified. A modifica- tion completed after the expiration or decertification of a dis- trict is not valid. Q. What happens if the county sends us increment after the district has been decertified? A. On occasion, you may receive TIF past the duration limit of your district. If the payment is the result of a mistaken payment by the county, a miscalculation of the district's lifespan, or some other kind of problem, it must be returned to the county.To prevent problems, talk to your county before you spend any unexpected receipt of increment. SUMMARY An expiring tax increment district has become one more facet in the complicated task of administering yourTIF districts. EWers & Associates recommends that two years prior to the expiration date you review the district's fund balance, budget, and the date you anticipate receiving the last payment from the county. Often, a budget modification in advance of the expira- tion date can make your final OSA report clean and maximize opportunities for assisting deficit districts. .3. Ehlers Advisor . July 2004 New Legislation Affecting Minnesota School Districts tures and expenditures for pupil transportation. All expendi- . tures for regular instruction, secondary vocational instruction, and school admipistration will be reported by building. Also, all expenditures for special education instruction, instructional support services and pupil support services will be reported at the building at which the services are provided. Other general fund expenditures will be reported on a district wide basis.The Department of Education will display some information on rev- enues and expenditures by building on their web site. EXCESS DEBT SERVICE FUNDS - For districts with excess debt service funds remaining after all the district's debt has been retired, the computation of aid and levy reductions has been changed. If a district qualified for second tier debt service aid on its fmal debt service levy, a portion of the debt excess reduction will be taken .J.VUl state aid.The portion to be reduced from aid will be equal to the portion of second tier revenue received as second tier aid in the last year the district makes a debt service levy. In the past, the entire debt excess reduction would have been used to reduce the district's l-'lVV erty tax levy. Although the 2004 Minnesota Legislature did not pass an educa- tion fmance bill, it did pass some legislation that will affect school districts. Some of the key changes are summarized below. ELECTION NOTICES - Previously school districts were required to notify the county auditor and commissioner of edu- cation 49 days prior to any school district special election (e.g., bond or operating referendums).The notice requirement has now been increased to 53 days.Thus, for example, districts that plan to hold an election at the time of the statewide primary on September 14 must notify the county auditor and commissioner by July 23. For elections to be held on the general election day of November 2, the notification deadline is September 10. REVENUES AND EXPENDITURES BY BunnING - The pro- vision requiring districts to allocate general education revenue among buildings has been repealed and replaced with new building level expenditure reporting through UFARS - the Uniform FinancialAccounting & Reporting Standards. Districts will be required to keep separate accounts for each building to record general fund expenditures, excluding capital expendi- ADAPTING BUSINESS MODELS (continued from page 1) (bonds), enterprises (water and sewer services), capital projects, infrastructure assets (roads, build- ings) and many other activities. Each must be accounted for accord- ing to strict accounting principles developed nationally to assure uni- formity and comparability across communities. · Businesses look at profitability on a quarterly and annual basis but cities must take a much longer-range view of changes, improvements and investments. 4) The Process The process of making decisions and effecting change in local government takes longer. . Cities (and governments in general) have a lot of built-in protection of the public, property owners and other investors in the community. . Built-in protections are not bad, but making changes can take longer. . Public support is necessary for cities to move forward with major invest- ments and changes in services. · Public expectations regarding the ability to influence how cities operate and what they pay for services is changing rapidly. . More and more cities realize they need to take the time to actively involve and inform the public through open houses, newsletters and other strategic communications, when mak- ing major decisions that will impact the community. 5) Cities are Forever Businesses may look at the next quarter or next year, but cities are forever. . Cities must take a longer-range view of investments in public infrastruc- ture, facilities and other projects. . Many cities have been belt-tightening for several years.As a result, invest- ments in community infrastructure and services may have been impacted. . Just as businesses compete for cus- tomers, cities compete for residents and businesses. Those cities that can- not provide competitive housing, shopping, services, and governmental facilities may lose residents and busi- nesses to other communities. . Cities that make shortsighted deci- sions on investments and planning reap the fruit of those decisions years later and must pay a higher price to fix them. · Private businesses can take financial risks to maximize the bottom line, but cities are legally and politically required to be more conservative. At the same time many of the invest- ments cities must make cannot be expected to payoff for many years. . Lessons that Cities Can Learn from Business 1) Do more long-term planning, strategic planning and communicat- ing of expectations. 2) Develop longer-term horizons and strategies to achieve community goals. 3) Goal-setting and visioning sessions should be held to make sure that the staff, elected officials and public are on the same page and that the vision is communicated to the public. 4) Cities should involve the public early and effectively in decisions impacting the community. There is an understandable tendency to "sell" a solution after the fact. 5) Be patient, be persistent and take strategic actions to meet your goals. . I . E H L E R 5 Ehlers & Associates is committed to Roseville, MN Office: 3060 Centre Pointe Drive' Roseville, MN 55113-1105 . 651-697-8500 ] -. --- -- =.. g~'m."'~:""~:", -;":kfi.,, W::":-375 ,:,,:, s:::~ro";'e", WI''':''02 ::6;~=- III ~w:.~~le~s~i~tc:~ SIN c the issues that shape public finance. Lisle, IL Office: 550 Warrenville Road, Suite 220 . Lisle, IL 60532 . 630-271-3330 _____L__,." __ .....~,____.._ __ __ _...____ __ _ __" _!lIIl___ . 6 . Ehlers Advisor . July 2004 . Key Financial Strategies Help Rosemount Plan for New Development & Redevelopment ROSEMOUNT, MN - When it comes to growth, Rosemount city officials are facing an interest- ing challenge. They have the dual task of preparing for future development in a community with a very large physical size while preserving the foun- dation of a mature, developed community. Consider, Rosemount is nearly 36 square miles with about a third of the community in the urban service area and just 60 percent of that developed. "We decided to pursue some strategic fmancial planning in order to ensure we're ready for the future and we'll make the right fmancial investments at the right time;' said William Droste, Rosemount's mayor. Rosemount completed EWers Key Financial Strategies plan in June. The Key Financial Strategies process took about eight months and involved five workshops with staff and elected offi- cials, in addition to countless hours of planning with staff. The fmal plan provides a disciplined framework for the decision- making required to identify and imple- aent strategies to assure long-term com- ~nity viability, while maintaining com- munity affordability. "While some communities sit back and wring their hands about the fiscal chal- lenges they face today, Rosemount took a proactive approach to ensure the City's decision-makers can remain in the driver's seat;' said Jim Prosser, EWers &Associates Executive Vice President. ,~~tMOo: .~~~ ~.:":;' j';fIiV~ S~~/ While Rosemount faces some challenges, the planning process found that Rosemount's strong fmancial management has ensured that the City has numerous financial assets, Prosser said.Just a few of them include: . a strong AI municipal credit rating; . redevelopment efforts already under- way to ensure the long-term viability of downtown; . street management and public facilities management systems to ensure the necessary maintenance of community infrastructure; and, . solid fund balance policies. The plan calls for the City to continue to ~cus on its three fmancial guiding princi- Wles which are: . maintain financial stability and hold taxes steady; . maintain current service levels based on community standards; and, . provide additional services and investments, (such as cul- tural and recreational amenities) based on the needs of current residents and demands of a growing community. New services and investments would be provided within the context of community affordability without sacrificing the ability to maintain current operations. In addition, the plan also calls for increasing the portion of the tax base that is commercial from the current 22 percent, to a range of about 25 to 33 percent commercial. Prosser said that because Rosemount is still in the development stage, it will have plenty of opportunities to reach that goal. "The final plan that Rosemount city officials have developed recognizes the unique resource challenges of balancing the quality and affordability of services, and making the necessary investments in infrastructure and redevelopment;' Prosser said. "City officials have designed a plan that will help them keep services affordable and protect current residents' investment in their property and the community." .~ Tax-Exempt Bond Interest Rates Still Lower than 2003 High Tax-exempt bond interest rates have moved up recently. However, overall tax-exempt bond rates are still very attractive. The movement of these interest rates is tracked with an index called the Bond Buyer Index (BBI). During 2003, the BBI reached a record low in June at 4.20 percent with a high in April at 5.18 percent. For 2004, the BBI hit a low point in March at 4.35 percent . and for the week of July 5 7.00%- was at 4.8 percent. 6.50% _ Overall tax-exempt inter- est rates are about 60 6.00% - basis pOints or 60/100 of 5.50%- 1 percent higher than the 5.00% - record low in 2003. On Wednesday, June 30, the Federal Reserve raised its Fed Funds rate from 1.00% to 1.25%, citing an improving economy and the increasing federal budget deficits. Anticipating a rate adjustment, the bond market had already factored a Federal Reserve increase into current inter- est rates. This is the first increase since the 0.50% increase in rates on May 16, 2001. The Fed is expected to periodically raise rates to perhaps 2.00% by the end of the year. The Feds cut the rate 13 times between January 2001 and June 2003 where the rate hit 1.00%, the lowest rate since 1958. This shift in the move of the rate signals an end of the prior moves to generate a recovery from the economic downturn caused by the technology bust in 2000 and the terrorist attacks on September 11 , 2001 . Bond Buyer Index, 1990 to Present - JULY 9, 2004 8.00% 4.50% 4.21% on 6/14103 - lowest since Aug.1968 7.50% - 4.81% on I 7/09104 4.00% 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 NOTE: The Bond Buyer 20 Bond Index is a weekly index of average inferest rates on AA-rated municipal bonds maturing in 20 years. Source: The Bond Buyer. .5. Ehlers Advisor . July 2004 'HUllS '-CLlENTS~ON-"'.nl:-MOIlE Take a look at some of our clients "on the move" with new projects! S1. Anthony Fire and Public Works Buildings - St. Anthony's new fire sta- tion is under construction and is expected to be completed by October, 2004 and an open house for its new revamped Public Works facility was held June 24.The Council voted in May, 2002 to proceed with both facilities, following a Study Group recommendation. Kraus Anderson is the construction manager, and the architect is Oertel Architects. Graphic courtesy of Oertel Architects. Brooklyn Park Public Safety Improvements - Brooklyn Park passed a $9.67 million referendum in November, 2002 for additions and renova- tions to the police station and fire station and for public safety equipment. The $5 million police station addition and renovation (new police station lobby shown at right) are expected to be completed in September. Lund Martin Construction and Thorbeck Architects, Ltd. are the contractors for that project. Morcon Construction and the archi- tectural firm, Buetow & Associates, Inc., are the contractors for the $2.1 million fire sta- tion addition and renovation, which is expect- ed to be complete in the Spring of 2005. Graphic courtesy of Thor beck Architects, Ltd. REDEVELOPMENT Elk River Downtown Revitalization - Elk River's Downtown Revitalization will encompass two blocks, Bluff and Jackson (Bluff Block Development shown), and will include 20,000 square feet of com- mercial and both for-sale and rental housing units. MetroPlains is the develop- er, and the architect is Johnson Laffen Galloway Architects.The project will be phased, and construction is expected to commence in Spring, 2005. Graphic courtesy of Johnson Laffen Galloway Architects. If you're an Ehlers client and would like your new project featured in one of our newsletters, call us at 651-697-8500. .4. Ehlers Expands Minnesota: Staff Ehlers & Associates is pleased to announce the' additions . of two Financial Advisors, Jerry Shannon and Dave Callister, who bring a combined total of 52 years in local government and public finance experience to our firm. I I JERRY SHANNON has 34 years of financial experience, including 28 years as a financial advisor to cities, towns, counties and special taxing districts throughout Minnesota. His broad knowledge of municipal finance includes assisting communi- ties in virtually every aspect of capi- tal finance ranging from general obligation debt to com- plicated revenue supported projects to special II studies and rate analyses. The long term relationships Jerry has established with his clients reflects the confi- dence they have in his ability to help them meet the challenges of fulfilling their short and long-range capital requirements. In addition to his experience as a financial advisor, Jerry worked with the National Association of Securities Dealers and was instrumental in developing the initial compliance directives for the NASDAQ System)erry received his Bachelor of Science in Commerce Degree from Saint Louis University with a major in Finance and minors in economics, accounting and philosophy. . DAVE CALLISTER brings 18 years of local government administration experience to Ehlers' clients includ- ing positions in both Metro and Greater Minnesota. For the past 10 years, he has been the City Administrator for the City of Osseo. Prior to that, Dave served as Administrator for the cities of Tonka Bay and Gaylord, Minnesota. Dave understands municipal finance from a local govern- ment perspective. His experience in managing ~operating and capital budgets, long-range fiscal planning, project management, downtown redevelopment, and real estate transactions puts Dave in a position to be of assistance in helping local governments address the many challenges they face. II Dave has been an active participant in International City/County Managers Association, Minnesota :: City/County Managers Association, Association of Metropolitan Municipalities, North Metro Mayors Association, the League of Minnesota Cities, and the North Hennepin Chamber of Commerce. .. Dave received his Bachelor's Degree in Metro-Uftban Studies, from Augsburg College in Minneapolis and his Master's Degree in Urban and Regional Studies, from Minnesota State University in Mankato. II . II