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Home My WebLink About2005-10-04 CC Packet . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-19 Council Chambers, 216 North Fourth Street October 4, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. Library Project Update OTHER BUSINESS STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Director of Admin 5. Community Dev. Director 6. City Engineer/PWq 7. City Attorney 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of Septernber;20, 2005 regular meeting minutes .ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting.to address Council on subjects which are not a part of the meeting agenda. The Council may take action of reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2005-213, dire(~tlng .P?lym of bills 2. Resolution 2005-214, approving Health and Dental Insurance Premiums and City Contributions for 2006 3. Resolution 2005-215,ap val of the network security assessment 4. Possible approval to purghaseand install a play structure in Benson Park 5. Possible approval of telpporary liquor license - St. Michael's - October 16, 2005 6. Possible approval Oftn~f!lifications to the Fire Department Roof . PUBLIC HEARINGS 1. This is t~~>~.ateand time for a public hearing to consider the proposed assessment for Fire Cleanup ServicE1{U968) at 324 Wilkins Street. Notice was mailed to the affected property owner and published in th~;ptillwaterGazette on September 14, 2005. (Resolution) 2. This is date and time for a public hearing to consider the consent of the issuance of Revenue Bonds by the Co do Health facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society. No Ice was published in the Stillwater Gazette on September 16, 2005. (Resolution) '3. Case No. SUBNI05-41. This is the date and time for a public hearing to consider a request from Jeff and Heather Swanson for a request for a subdivision of one lot of 14,982 square feet into two lots of 7,491 square feet each and a variance to the lot size regulations (7,500 square feet required) in the RB, Duplex Residential District at 203 St Croix Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 23,2005. (Resolution) 4. Case No. SUBNI05-54. This is the date and time for a public hearing to consider a request from Scott Junker for a subdivision of a 22,500 square foot lot into two lots; Lot A - 10,000 square feet with an existing residence and Lot B-3, 700 square feet developable with a variance to the developable lot area (1 0,000 square feet required) for the construction of a residence with shared driveway access from North Fifth Street located at 1913 North Fifth Street in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 23,2005. (Resolution) . 5. Case No. SUB/OS-55. This is the date and time for a public hearing to consider a request from Richard and Leah Peterson for a resubdivision of Lot 2, Blk 1 Cochrane's Long Lake Addition into two lots Parcel A - 20,858 square feet (new lot) and Parcel B - 46,972 square feet (existing house) located at 7160 Mid Oaks Avenue in the LR, Lakeshore Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 23,2005. (Resolution) UNFINISHED BUSINESS 1. Possible second reading of ordinance adopting Park Dedication Policy 2. Council powers relating to Long Lake elevation NEW BUSINESS 1. Banner request - Simonet Furniture - Tom O'Brien 2. Banner request - Kitchens of Stillwater - Jim Brandon 3. Possible approval of Agreement with Waste Management, Inc. for solid waste and recycling services and adopting resolution establishing a Monthly Rate Schedule. (Resolution) 4. Possible ordering of feasibility report for 2006 street improvement proJ~ct (Resolution) 5. 2nd and Nelson storm sewer proposal (Resolution) 6. Review & possible approval of Bonestroo Proposal to provide q~~istance in preparing a Lake Management Study (Resolution) 7. Discussion on Riverview Drive request for sewer serviCe PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENOATIO""S (continued) COMMUNICATIONS/REQUESTS . COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent ag~gg.q e considered to be routine by the City Council and will be enacted by one motion. There separate discussion on these items unless a Council Member or citizen so requests, in whicn:~vent,th ems will be removed from the consent agenda and considered separately. . 2 . AGENDA CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-19 Council Chambers, 216 North Fourth Street October 4, 2005 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 1. Library Project Update 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 7:00 P.M. AGEND 7. City Attorney 8. Finance Director 9. City Administrator CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of Septe 05 regular meeting minutes .ETITIONS, INDIVIDUALS, DELEGATIONS &50MMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting t6 address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the qoncernsexpressed. CONSENT AGENDA* 1. Resolution 2005-213, direc!ing.payrnent of bills 2. Resolution 2005-214, appr()~ingHealth and Dental Insurance Premiums and City Contributions for 2006 3. Resolution 2005-215, approvalq.f the network security assessment 4. Possible approval to purchase and install a play structure in Benson Park PUBLIC HEARINGS 1. This is the date and time for a public hearing to consider the proposed assessment for Fire Cleanup Service (L1 368) at 324 Wilkins Street. Notice was mailed to the affected property owner and published in the Stillwater Gazette on September 14, 2005. (Resolution) 2. This is the date and time for a public hearing to consider the consent of the issuance of Revenue Bonds by the Colorado Health facilities Authority on behalf of the Evangelical Lutheran Good Samaritan Society. Notice was published in the Stillwater Gazette on September 16, 2005. (Resolution) 3. Case No. SUBN/05-41. This is the date and time for a public hearing to consider a request from Jeff and Heather Swanson for a request for a subdivision of one lot of 14,982 square feet into two lots of 7,491 square feet each and a variance to the lot size regulations (7,500 square feet required) in the RB, . Duplex Residential District at 203 St Croix Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 23,2005. (Resolution) 4. Case No. SUBN/05-54. This is the date and time for a public hearing to consider a request from Scott Junker for a subdivision of a 22,500 square foot lot into two lots; Lot A - 10,000 square feet with an existing residence and Lot B - 3,700 square feet developable with a variance to the developable lot area (10,000 square feet required) for the construction of a residence with shared driveway access from North Fifth Street located at 1913 North Fifth Street in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 23, 2005. (Resolution) 5. Case No. SUB/OS-55. This is the date and time for a public hearing to consider a request from Richard and Leah Peterson for a resubdivision of Lot 2, Blk 1 Cochrane's Long Lake Addition into two lots Parcea A - 20,858 square feet (new lot) and Parcel B - 46,972 square feet (existing house) located at 7160 Mi_ Oaks Avenue in the LR, Lakeshore Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 23,2005. (Resolution) UNFINISHED BUSINESS 1. Possible second reading of ordinance adopting Park Dedication Policy 2. Council powers relating to Long Lake elevation NEW BUSINESS 1. Banner request - Simonet Furniture - Tom O'Brien 2. Possible approval of Agreement with Waste Management, Inc. for solid waste and recycling services and adopting resolution establishing a Monthly Rate Schedule. (Resolution 3. Possible ordering of feasibility report for 2006 street improvement project (Resolution) 4. 2nd and Nelson storm sewer proposal (Resolution) 5. Review & possible approval of Bonestroo Proposal to provide assistance in preparing a Lake Management Study (Resolution) 6. Discussion on Riverview Drive request for sewer service PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENO.ATION COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) . ADJOURNMENT * All items listed under the consent agE;!nda ar enacted by one motion. There will beno se citizen so requests, in which event, theitE;! separately. 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 . Stillwater Fire Department Memo To: From: Date: Re: Mayor Kimble and Council Stuart W. Glaser, Fire Chief~ 10/412005 Staff Report Over the past week several noteworthy items have occurred: SFD 1'C.....::;ived a call from WaJ-Mart and has been selected to receive a Neighborhood Heroes Grant in the amount of $600. This grant funding is being awarded based on the fire prevention/education program SFD has in place. The grant funding will be used to supplement and purchase materials for this program. Reminder that Fire Prevention Week is October 9 - 15. This year's theme is "Use Candles with Care: When you go out, blow outI" SFD has numerous activities scheduled during the week from visiting local schools, daycares, conducting station tours and wor1<ing with local businesses regarding fire safety. The week will culminate with our annual Fire Deparbnent Open House which will be held on Saturday, October 15 at the station from 10:00 am -1:00 pm. Numerous activities and events will be scheduled throughout the day. In addition a special opportunity to view the actual devastation a fire can cause and the effectiveness of fire sprinklers will also be made available. SFD will provide residents the opportunity to visit a home damaged by fire and actually witness the destruction a fire can cause. Additional information on this unique opportunity will be provided at the open house. Thank you again for your continued support and worKing at making Stillwater Fire Safe! . . 1 1. Stillwater received a request to send two (2) firefighters to assist in Cameron Parish Louisiana. SFD staff will be members of MN Task Force I and will be deployed with 5 personnel from Forest Lake Fire, 3 personnel from New Brighton Fire and 2 personnel from Eagan Fire. 2. MN Task Force I was deployed on Monday, October 3 and will be scheduled to return on Tuesday, October 18. Their mission is to perform structural fire fighting duties to Cameron Parish, LA which suffered severe damage from Hurricane Rita. The Stillwater Firefighters Association has received a DHS Assistance to Firefighters Act Grant in the amount of $27,311. Along with the required applicant match of $3,034, the total amount of this grant reward will be $30,345. This grant was submitted to improve firefighter wellness and fitness by purchasing exercise and workout equipment for the Deparbnent 3. 4. I . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. - 05-18 September 20,2005 REGULAR MEETING 7:00 P.M. Vice Mayor Junker called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Absent: Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Assistant City Engineer Shawn Sanders Senior Engineering Technician Tim Moore APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, moved approval of the September 6, 2005 recessed and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Constitution Week - Seotember 17 - 23.2005. Motion by Council member Milbrandt, seconded by Council member Harycki, to proclaim the week of Sept. 17-23, 2005, Constitution Week. All in favor. Vice Mayor Junker read the proclamation designating Sept. 17-23 as Constitution Week. OPEN FORUM No public comments STAFF REPORTS City Administrator Hansen reported that the Association of Minnesota Metropolitan Area Communities would be meeting with Metropolitan Council Chair Peter Bell on Sept. 22. The meeting was to be held at the Maplewood Community Center. Mr. Hansen urged Councilmembers whose schedules permitted to attend. City Clerk Ward reported that the Greater Stillwater Chamber of Commerce had submitted a request to block off a portion of Chestnut Street for a street dance. She said due to the lateness of the request, staff had not had an opportunity to review the request. it was noted the portion of the street where the dance is to be held is closed to traffic due to the lift bridge project. Public Works Director Eckles noted that portion of Chestnut Street is a state highway and the request may need review by MnDOT. Mr. Eckles said he would refer the request to the appropriate state department. Ms. Ward noted that due to the citywide garage sale scheduled for the same day as the street dance, the Chamber will have to provide its own barricades to block off the street. City Council Meeting No. 05-18 September 20, 2005 , Motion by Councilmember Harycki, seconded by Councilmember Polehna, to approve the request contingent upon staff review and approval. All in favor. . CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Council member Polehna, to approve the consent agenda. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Resolution 2005-204 directing payment of bills Possible approval of temporary liquor license - Valley Chamber Chorale - Historic Courthouse - December 9-11,2005 Resolution 2005-205, Approving Minnesota Premises Permit for Gambling for American Legion Post 48, located at 103 S. 3rd Street, Stillwater, MN Request to release of capital funds - Library Resolution 2005-206, resolution accepting agreement of assessment and waiver of irregularity and appeal and ordering improvement for 1204 Linden Street W. PUBLIC HEARINGS This is the date and time for the public hearina to consider the Prooosed Assessment for . Boutwell Road Imorovements (Proiect 2005-05. L.1. 367), Notices were mailed to affected propertv owners and oublished in the Stillwater Gazette Seotember 2. 2005. Assistant City Engineer Sanders noted the intent was to do the street improvements from Myrtle Street to Creekside Crossing. Due to time constraints, the project was shortened to Myrtle to Newberry Court. There are seven properties in the project area. Of the $691,000 in the cost for street improvements, it is proposed to assess $35,000 to the properties in the project area; the remainder of the cost is to be paid through MSA funds and City contributions. The proposed assessment is $5,892 per regular lot and $2,900 for corner lots. The interest rate is 5.25 percent over the 1 O-year period. Vice Mayor Junker opened the public hearing. A letter opposing the proposed assessments from Scott and Lori Allaire, 211 Boutwell Road, was read into the record by Mark Douglass, 221 Boutwell Road which read: Scott and Lori Allaire, the homeowners of 211 Boutwell Rd. wish to speak in regard to the matter of the assessment of the Boutwell Rd. project. We regret not being able to attend due to conflicting work schedules. We feel the assessment of $5892.13, is wrongfully charged for the following reasons: There was a lack of planning by the City of Stillwater before our house was built on the current land. We feel the city was responsible in making sure that this property was carefully thought out and any possible problems assessed before allowing the land to be Page 2 of 10 . .' City Council Meeting No. 05-18 September 20, 2005 . sold to individual owners. We have already been charged for creating the city sewer. The price of our lot included the city sewer and water. Lastly, we have to pay to have our driveway removed and redone due to water problems and yard degradation created when the city failed to follow through on the plan to adjoin our driveway with 221 Boutwell. Out of 5 properties in the immediate area of our residence we were the 2nd to build. We were told by our builder that the city informed him that in order to avoid having too many "exits" onto Boutwell Road, due to heavy traffic and high speeds that our driveway would in turn be joined to the driveway of the residence of 221 Boutwell Road, when that property was developed (the current owners, Mark and Eileen Douglass bought their property after it was developed so had no part in how their driveway was constructed). The builder of 221 Boutwell Road, told us after he had put in the driveway that he had no instructions from the city to join the two driveways. The attached item should clearly show you the plan. Also, please see the attached photos and the "conditions of approval". As a result of this failure our driveway remains extremely narrow and less than ideal for us to get in and out of, especially being truck owners and with snow accumulation in winter on the sides of our driveway. We feel once you have taken the time to read the "conditions of approval" that you will come to the conclusion that many of these conditions were not met. It is because of these issues that we feel the assessment is unfair. The city had every opportunity to develop the road before allowing residents to build. That failure has resulted in money out of our pockets, inconvenience to us and damage to our properties. . Mr. Mark Douglass, 221 Boutwell Road North, read the following: . Although we anticipate with excitement the improvements to Boutwell Road, we would like to contest the final proposed amount we have been assessed for the current Boutwell Road Project. There are a number of considerations that contribute to our petition to reduce our assessment: It was stated that the improvements to Boutwell Road and services rendered would vary according to placement along the road. Those homes which precede Boutwell Place would not need and therefore would not receive all services. Yet, all are listed in the letter as contributing factors in the proposed charge to the property. For instance, is sanitary sewer actually being installed for the homes being assessed? If not, it seems that the portion of the cost allotted to sanitary sewer, or any other improvement listed that is not received, ought to be eliminated from the overall cost to the homeowners. It was indicated to me by two of Stillwater's City Engineers that there was a drainage plan that had been developed and implemented in our area. Yet, within a week of our moving into our home on Boutwell Road, the neighbor below us, Jim Johnson, was in our yard inspecting the water drainage from our property to his. When he was asked what the problem was, he told us he had complained repeatedly to the city and to the builder regarding the water drainage. He was immediately speaking of lawyers and law suits. Due to rains that summer, we soon had a ravine down our side yard that was thigh deep. The flow which carved the ravine aiso prompted numerous complaints and accusations of accountability from Mr. Johnson. As was immediately evident to anyone of good faith, the water that was cursing down our yard was from the north and west, from what gathered and flowed along Boutwell Road, and from other neighbors' yards. Our first call to the City was met with the response from City Engineer, Shawn Sanders, 'There is no water problem along Boutwell Road, I designed it'. He was then invited to stop by Page 3 of 10 City Council Meeting No. 05-18 September 20, 2005 during a heavy rain or after such to see the resulting sand pattern. Being new to the neighborhood and having every desire to keep things harmonious, we consulted with a. Contractor to see what we could do to stem the flow of water. Under their advice, we built a two tier retaining wall system which was intended to moderate the flow of water. Within a month the system had failed. It was then modified somewhat to improve on the failings. Much to our dismay and our neighbor's irritation, the next spring, it completely blew out. At that point the contractor insisted that we be responsible for any additional repairs because of "Extreme run off from Boutwell Road North" (See attachment #1). So, at this point we have an irate neighbor, a City which has not even acknowledged there is a water problem and a contractor who has decided that they will no longer insure their work due to the "extreme" nature of the problem, not to mention the liability of a blown out retaining wall on our property. Finally we did receive some relief when Klayton Eckles visited our blown out walls and acknowledged that the drainage plan endorsed by the City of Stillwater's engineers was insufficient and said he would have a curb installed. This did happen within 48 hours and was of help. The problem was not solved though until last year when the City installed a storm sewer system through our yard. This plan put two large catch basins in our yard. (See attachment 4). Unfortunately the expense did not stop there. As a result of the sewer work we lost a 40 foot pine tree and had to pay $300 to take it down and another $75 to have the stump chipped. So, aside from the attorney consultations to determine our liability regarding water flowing through our yard onto the fellow below us, neighborhood unpleasantness, a repeatedly washed out side yard, repeatedly destroyed retaining walls, all the time spent haggling with the City and. the contractor, the inconvenience of having installed and having two large catch basins in our yard, and the resulting easements, we have paid over $6,000 (See attachments 3 & 4) to keep our yard viable in the realm of storm sewers issues. Yet now we are being asked to pay an additional $5,892.13 in assessments. We find the request unjust and the additional financial burden difficult and unfair. Although we will particularly enjoy certain aspects of the improvements, the trail is to provide safe access for all and provides us no greater benefit than any other using the trail and therefore an assessment which views it as an improvement particularly for our benefit seems misconstrued. Public Works Director Eckles noted that this issue goes back many years to when a portion of Boutwell Road was in the Township and a portion was in the City; thus road improvements were never done. The concept of the storm water drainage plan, he said, was to have the water flow through individual yards to a wetlands area. He acknowledged that as individual lots were developed, owners did have a problem with storm water drainage. As a result of those problems, the City did a temporary storm sewer project. The current road improvement project, he said, will provide a permanent solution. Vice Mayor Junker suggested the project, which includes both a trail amenity and curb and gutter, will be an asset both to individual homeowners and the City as a whole. He noted that only a very small portion of the cost of the project is being assessed to the property owners. Councilmember Milbrandt agreed that the assessments as proposed. are in keeping with comparable projects. Council member Harycki asked if homeowners had been assessed earlier for storm sewer, as was suggested in the Allaire letter. Mr. Eckles responded that storm water improvements primarily involved grading of the lots. Page 4 of 10 I City Council Meeting No. 05-18 September 20, 2005 . Mr. Eckles pointed out the question before the Council is whether the value of the improvements is equal to the amount being assessed. Motion by Councilmember Polehna, seconded by Council member Milbrandt, to adopt Resolution 2005-207, resolution adopting assessment for Boutwell Road Improvements (Project 2005-05, L./. 367). Ayes: Council members Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None This is the date and time for the public hearina to consider the Proposed Assessment for Pine Street Concrete Rehabilitation Proiect (Proiect 2003-14. L./. 366). Notices were mailed to affected propertv owners and published in the Stillwater Gazette September 2. 2005. . Assistant City Engineer Sanders said this portion of Pine Street was constructed in 1967, and no improvements have been done in 30 years. This is a concrete section; the project involves rehabilitation of the existing concrete street. The project was scheduled to begin the week following the Council meeting and take about two weeks to complete. Eighteen properties are in the project area. Of the estimated cost of $183,000, it is proposed to assess $48,263 to property owners. The proposed assessments are $3,575 for regular lots, $1,787 for corner lots. Again the interest is 5.25 percent over the 10 years; there is no interest if the assessment if paid before Nov. 15. Public Works Director Eckles said normally, the practice is not to adopt assessments before the project is done. However, in this instance, the City would have to wait a whole year before assessing the costs, which would result in the City paying interest and adding to the cost of the project. City Administrator Hansen said the alternative to adopting the assessments at this time is for the City to pay a whole year of capitalized interest. Council member Harycki asked about the possibility of putting off the adoption of the proposed assessments until the first meeting in October; City Administrator Hansen responded that due to hearing requirements that would be extremely difficult. Vice Mayor Junker opened the public hearing. Lee Wooley, 1920 W. Pine St., expressed a concern about adopting proposed assessments based on estimated costs, suggesting the assessments may exceed actual costs. Sarah Harvieux, 1911 W. Pine St., reiterated a concern expressed in a letter to the Council that the proposed assessment amount does not increase the value of her property in that amount. No other comments were received, and the hearing was closed. . Council member Harycki reiterated his concern about adopting the proposed assessments before construction even starts. City Attorney Magnuson pointed out that even if the actual cost of the project is 10 percent below the estimate, the actual cost is way beyond what is proposed to be assessed. City Administrator Hansen also referred to the heavy City subsidization of the project. Mr. Eckles said the proposed assessment Page 5 of 10 , City Council Meeting No. 05-18 September 20, 2005 for this project is consistent with the Deer Path project assessments, for a street . rehabilitation project versus a total reconstruction. Councilmember Polehna and Vice Mayor Junker both pointed out that the Pine Street project is providing concrete which lasts much longer than asphalt. Motion by Councilmember Milbrandt, seconded by Council member Polehna, to adopt Resolution 2005-208, resolution adopting assessment for Pine Street Concrete Rehabilitation Project (Project 2003-14, L.1. 366) Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None This is the date and time for the public hearina to consider the Proposed Assessment for 2005 Street Improvement Proiect (Proiect 2005-02. L.1. 365), Notices were mailed to affected property owners and published in the Stillwater Gazette September 2. 2005. Assistant City Engineer Sanders said the 2005 street improvement projects involved portions of South Fifth Street, West Marsh, Hancock and Olive Streets, as well as Deer Path and Deer Path Court. 114 properties are in the project areas, 33 on Deer Path/Deer Path Court and 81 in the remaining sections. Outside the Deer Path area, 28 water services were replaced and a number of clay sanitary sewer lines replaced; cost of water service and sanitary sewer replacement is assessed 100 percent to the property owner. Overall, $585,035 of the $820,000 project costs is proposed to be . assessed. Assessments for the Deer Path project area, as proposed, are $4,100 for regular lots, $2,300 for corner lots. For the remainder of the improvement project area, assessments, as proposed, are $5,892 for regular lots, $2,939 per side improved for corner lots. No comments were received at the public hearing. Motion by Council member Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-209, resolution adopting assessment for 2005 Street Improvement Project (Project 2005-02, L.1. 365) Ayes: Council members Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Vice Mayor Junker commended the Engineering Department for its work. Council member Polehna asked about the traffic calming measures on Deer Path; Mr. Eckles responded that the measures will not be as severe when the final layer of bituminous is added, but the measures do what was intended. UNFiNISHED BUSINESS McKusick Lake uodate . Public Works Director Eckles said a meeting had been held with residents regarding the findings of the McKusick Lake study. At the meeting, which is currently being aired on Page 6 of 10 City Council Meeting No. 05-18 September 20, 2005 . public access TV, residents wanted to know what the City's next step would be. Residents agreed that weed harvesting was the most appropriate approach. Residents also wanted the City to be prepared to take action next spring, he said. Cost of weed harvesting would be an estimated $8,000 per application. And, he said, residents felt the City should pay for 100 percent of the cost. Residents also asked about a long-term plan for action, action such as dredging the lake. Mr. Eckles said staff agrees that harvesting is the best option, but also understands there is an issue with the City's other water bodies. He said doing all lakes and wetlands could cost over $80,000 a season, which, he said, is a policy issue for the Council. Councilmember Milbrandt noted the City is blessed with a number of water bodies, and said it would be wise to develop an ongoing water management plan. The question, he said, is who should pay. He said the City should designate which lakes it wants to maintain on an ongoing basis and a mechanism for cost-sharing, for example designating contributing view sheds. Councilmember Polehna suggested contacting other municipalities with large bodies of water such as Minnetonka, Forest Lake, Eagan and others to see how they pay for water management programs. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt directing staff to look at options and come back with recommendations, cost estimates and funding alternatives, such as assessments and contacting other agencies on their water management programs. Motion passed unanimously. . Lonq Lake update Public Works Director Eckles said staff had spent a significant amount of time working on this issue. As directed at the last Council meeting, he said he had contacted the DNR and Brown's Creek Watershed District to see what the City can do regarding the lake elevation within the parameters of the permit. He said he did not receive any definitive answer from the DNR. Brown's Creek Watershed District indicated it is in the process of a major study of Long Lake that will take up to another year to complete and indicated it would not be in favor of any modification to the current structure until the study is completed. The District did indicate it would be open to taking over the operation and maintenance of the facilities that control the lake elevation, he said, and asked the City to define what components it would want the District to assume responsibility for. Mr. Eckles said the City could define the components and pursue that avenue if the Council so desired. He said staff has continued to meet with residents on both sides of the issue. Councilmember Milbrandt suggested having City Attorney Magnuson review the permit to determine what the City can and can't do about any modifications to the current structure. If the City has no authority, he suggested continuing to expend staff time talking with homeowners was like running in a circle. e Motion by Counciimember Milbrandt, seconded Councilmember Harycki moved to direct staff to produce the pertinent permit for review by the City Attorney to determine what actions the City can or cannot do. Page 7 of 10 City Council Meeting No. 05-18 September 20, 2005 Prooosal for enaineerina services to studv 2nd and Nelson storm sewer failure . Public Works Director Eckles said the blacktop in the area of Nelson Alley and South Second Street is under a lot of distress due to underground storm water drainage. He said the City had tried a number of remedies which have failed. He said more engineering is warranted to determine options. An estimate for the additional engineering studies has been received at a cost of $8,600. It was the consensus to obtain other quotes for the engineering services. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to obtain additional quotes. Motion passed unanimously. Results of bridae closure traffic studv Public Works Director Eckles gave a brief overview of the results of traffic volume studies prior to and subsequent to the closure of the lift bridge. The traffic counts were for County and City streets only, not state highways. Overall, there has been a 20 percent reduction in traffic volumes since the bridge closure, larger percents closer to the downtown area. Mr. Eckles concluded that the traffic counts would provide good data for future traffic planning, and he said the state numbers will help flush out the results. Second Street Sewer Proiect . Public Works Director Eckles asked for Council direction on how to proceed with the repair of the street in the area of the North Second Street sewer project, near Wilkins and Elm streets. Alternatives, he said, include a patch of the street at a cost of about $15,000, or a complete reconstruction of that portion of the street at a cost of about $53,000. Council member Harycki said he had talked with five of the seven residents in the area and four of the five said they could live with a patch of the street rather than being assessed for the full reconstruction. Council member Harycki also pointed out that the contractor for the sewer project had damaged a sidewalk and wanted to be sure the City did not have to pay for that repair. Motion by Councilmember Polehna, seconded by Councilmember Harycki, moved to proceed with the patching of the street. Motion passed unanimously. NEW BUSINESS Possible first readina of ordinance adootina Park Dedication Policv City Attorney Magnuson said state statute has changed to require that a city's park dedication policy be adopted by ordinance rather than by resolution. The ordinance does reflect the City's new fees, he said. He noted that the ordinance will be changed before the second reading to be consistent to the references to the Park and Recreatio. Board. Page 8 of 10 . . . City Council Meeting No. 05-18 September 20, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the first reading of the ordinance. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Possible appointment to Heritaoe Preservation Commission Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, moved to adopt Resolution 2005-210, appointing a member to the Heritage Preservation Commission. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Possible Final approval of aGreement between Oak Park Heiohts. Stillwater and Washinoton County City Administrator Hansen said the joint powers agreement was approved by the Council in July. Since that time numerous minor changes were made to the language by Oak Park Heights and Washington County. Motion by Council member Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2005-211, approval of the final joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Possible Final adoption of resolution approvina detachment of lands from the Citv of Oak Park Heiohts City Attorney Magnuson noted the detachment is part of the Joint Powers Agreement above. Motion by Council member Milbrandt, seconded by Council member Polehna to adopt Resolution 2005-212, a resolution approving detachment of lands from the City of Oak Park Heights and annexation of same to the City of Stillwater pursuant to agreement. Ayes: Councilmembers Harycki, Milbrandt, Polehna and Vice Mayor Junker Nays: None Council Decision on Selection of Rec Center Snow Removal Contractor Public Works Director Eckles asked for direction on whether to solicit bids for snow removal for the Recreation Center. He said the same contractor has been used for a number of years. The same contractor does the trails to Lily Lake School. The service has been good, but he said others are also interested in submitting proposals for the contract. Vice Mayor Junker said he would hate to lose a contractor that is providing good service. Councilmember Milbrandt said he would have no problem continuing with Page 9 of 10 City Council Meeting No. 05-18 September 20, 2005 the same contractor for this year as it is late in the bidding season for winter work, but. said he thought it would be appropriate to solicit bids for 2006. Motion by Council member Milbrandt, seconded by Council member Harycki to continue with the contractor for 2005 and receive bids early next year. Motion passed unanimously. COUNCIL REQUEST ITEMS Council member Harycki asked that staff facilitate the reconvening of the Lumberjack Days Advisory Board to assess actions the City took this year and to follow up on any loose items. Council member Milbrandt agreed this would be a good time to assess this year's festival. City Administrator Hansen said he would set up a meeting of the LJD Advisory Board. ADJOURNMENT Motion by Council member Harycki, seconded by Councilmember Polehna, to adjourn at 8:52 p.m. David G. Junker, Vice Mayor ATTEST: . Diane F. Ward, City Clerk Resolution 2005-204 directing payment of bills Resolution 2005-205, Approving Minnesota Premises Permit for Gambling for American Legion Post 48, located at 103 S. 3rd Street, Stillwater, MN Resolution 2005-206, resolution accepting agreement of assessment and waiver of irregularity and appeal and ordering improvement for 1204 Linden Street W. Resolution 2005-207, resolution adopting assessment for Boutwell Road Improvements (Project 2005-05, L.1. 367) Resolution 2005-208, resolution adopting assessment for Pine Street Concrete Rehabilitation Project (Project 2003-14, L.1. 366) Resolution 2005-209, resolution adopting assessment for 2005 Street Improvement Project (Project 2005-02, L.1. 365) Resolution 2005-210, appointing a member to the Heritage Preservation Commission Resolution 2005-211, approval of the final joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater . Resolution 2005-212, a resolution approving detachment of lands from the City of Oak Park Heights and annexation of same to the City of Stillwater pursuant to agreement Page 10 of 10 '" I LIST OF BILLS eXHIBIT" A" TO RESOLUTION #2005-213 3D Specialties Inc. 3M Action Rental All Star Wireless American Payment Centers Amotek Bell's Trucking Bonestroo, Rosen, Anderlik Carquest Cartridge World Century Power Equipment Clark, Luann Coca Cola Cole Papers Collegiate Pacific Comcast Commissioner Transportation Computer Services of Florida Cub Foods Dalco 6ell ~ichten's Service & Repair ESS Brothers & Son's Inc. First Line Beverage Inc. Fitzgerald, Sue GCR Minneapolis Truck Tire Center Glewwe Doors Hansen, Larry Hedberg Aggregates Ideal Tool & Machine Co Integra Telecom, Inc Johnson, Ronald Lake Elmo Sod Farm Legislative Associates Life Safety Systems Lions International Mac Queen Equipment Magnuson Law Firm Menards Minnesota Office of Enterprise Technology Northern Tool & Equipment Office Depot .':lC Solutions Pump & Meter Service Quill Corporation Roettger Welding, Inc Sign Supplies Protective Overlay Film for Signs Liquid Propane, Concrete & Trailer Maintenance Contract Box Service (Cub) Oct - Dee Stacking Chairs for Council Chambers Repair Tire Ruts from Truck Browns Creek Open Space Design, McKusick Lake Oil Dry, Welding Rod, Lock Nuts, Batteries, Oil Filter Toner Sharpen Chains, Edger Blade Cleaning At Public works Soda for Concessions 2 Ply Towels 6 Pair Soccer Nets Cable Manuals POS Terminal & Cash Drawers Water for Fire Dept, Concession Supplies Rec Center Janitorial Supplies Laptop Computer Labor & Parts to Fix Dehumidifier Catch Basin's Concession Supplies Reimburse Mileage Repair Flat, Dismount & Mount Tire Lockset Reimburse for Meals at ICMA Conference Gravel River Rock Repair Bobcat Part Telephone Reimburse for Tool Box & Tools, Engine 6107 Sod Services for September, 2005 Service Call - Fire Systems Duct Repair Dues Equipment Repair Supplies Services through 9/30/05 Painting Supplies, Batteries, Lumber Wide Area Network Usage for August Aluminum Tote Box Toner, File Cabinet Maintenance Agreement Repair Nozzle & Swivel Assy Toner, Paper, Plastic Plates & Straws Equipment Repair Supplies 1,005.23 531.97 513.34 957.00 78.00 940.00 110.00 4,200.97 71.62 197.03 163.47 14000 1,201.05 579.23 1,018.90 68.33 25.00 2,213.00 74.95 198.12 1,361.36 721.10 946.79 678.08 278.83 1,654.44 165.00 32.00 130.26 315.00 924.24 254.48 275.60 3,833.33 167.50 100.00 214.77 10,470.83 130.86 140.83 95.84 383.69 48.00 25533 251.62 186 00 EXHIBIT" A" TO RESOLUTION #2005-213 Ruffridge Johnson Equip, Co. Schuster Co. Signal Pro Equipment St. Croix Boat & Packet St. Croix Recreation Co. St. Joseph Equipment Stillwater Farm Store Stillwater Gazette Stillwater Motor Co. Stork Twin City Testing TA Schifsky & Sons Tower Asphalt Twin Cities Magic & Costume United Laboratories United Refrigeration, Inc United Rentals Viking Office Products Wells Fargo Workwell Occupational Health Yocum Oil Co. Zee Medical Service Zephyr the Hat MANUALS SEPTEMBER 2005 MN American Planning MN Department of Public Safety Schwartz, Jane Washington County License Center Washington County License Center ADDENDUM TO BILLS Ace Hardware ADP Screening & Selection Services Amotek Attorney's Title Board of Water Commissioner Clarey's Community Volunteer Service Corporate Mark Inc. Dalco Firllndustries Holiday Insight Jansen, Chad League of MN Cities Supplies for Asphalt Roller Die Cut Report Covers, Color Index Tabs Pole Pruner, Blade Edger, Gaudge August Services Skateboard Park Equipment Equipment Repair Supplies Weed Killer, Fertilizer Publishing Transmission Repair to 6118 Boutwell Road Imp, & Pine/Myrtle Concrete Rehab Asphalt, Curve Crest Trail, Trail Paving Boutwell Road Project Fog Fluid Cutting & Taping Fluid Ranco SPST control Belt Guard Paper Paying Agent Fees Medical Evaluations Diesel Fuel First Aid Kit Supplies Concession Supplies State Planning Conference Fees for Forfeiture Vehicles Contractor Overage charges Tabs Title & Registration Equipment Repair Supplies Drug Screen Freight for Stacking Chairs Grading Escrow Refund September Water Access Charges Inspection of Extinguishers/Batteries 4th Quarter Allocation Eyewear Retainers 60" Yellow Microfiber Handle Dump & Pump Tank Liner Fuel USB Travel Elite Book for School Workers Compensation Insurance Page 2 .. , 35.73. 1,720.66 41.95 34,900.82 59,999.76 268.50 216.98 331.80 3,316.26 414.00 30,483.96 121,077.56 226.84 208.11 126.51 113.70 213.51 62.50 888.00 881 .00 166.51 144.07 . 250.00 27.00 1,375.00 9.50 1,527.25 231.39 40.00 128.96 5,000.00 14,949.00 707.95 3,750.00 291.21 12.80 540.00 30.80 . 102.33 117.25 28,879.50 , EXHIBIT" A" TO RESOLUTION #2005-213 .aPle Island Met Council Minnesota Occupational Health MN State Treasurer Nextel Office Depot Old Home Restoration Press Publications Qwest Russell, Steve Stillwater Fire Relief Stillwater Gazette Verizon Wireless Viking Office Products Waterous Co. Xcel edopted by the City Council this 4th Day of October, 2005 . Page 3 Equipment Repair Supplies September 2005 Service Availability Charges Report Drug Collection 3rd Quarter 2005 State Surcharge Cell Phone Office Supplies Refund Building Permit Publication Phone Conference Expenses/Coffee & Ribbon, Skate Park State Aid Publications Cell Phone Paper Prime Safe/Lubricant Electricity & Natural Gas 63.13 28,710.00 95.00 9.07866 659.86 24.81 2,425.19 132.00 218.44 162.18 162,719.00 23.70 200.59 213.51 236.00 18,573.81 TOTAL 575,647.54 . . . .Y'ifilTQ:~~;, I~Y.;/~~91"-UJ''--!!w~~\ ~\~tJ ""e:{":isss.o.;)'.:>" 'o..;...J::::::=rE::::C--'>Y Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-9519 Fax (651)297-5259 TTY (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION (' HJIWi <::rF SA,NT fnlo1AEL Sn~ STREET ADDRESS (PI I SovrH /HIM Si: NAME OF PERSON MAKING APPLICATION (}.HruSToFH&1...-.:S /V1Ajl.ow.~_ DATES LIQUOR \VILL BE SOLD ocr 1(". 7>1>:> ORGANIZATION OFFICER'S NAME PffTrtE:fL .:JOH JJ u=\blfl- ORGANIZATION OFFICER'S NAME :::fAMtS O/BIl:J.EV ORGANIZATION 6FF1CER'S NAME Q.uCNrIN H8M8?A1I!N DATE ORGANIZED ir53 CITY 'S -p u..,wAl tL. BUSINESS PHONE (CdS/) 371 -12h3 TYPE OF ORGANIZATION DCLUB DCHARITABLEJ}qRELlGIOUS DOTHER NONPROF ADDRESS &+;U<::: AS fl{3e>tE ADDRESS $IIIXE- As A&vG' ADDRESS 51? 1'11€' As' IItJot./E TAX EXEMPT NUMBER YVlAl 2'$ 73 'i STATE ./Y1JJ ZIP CODE SSo ?i 2-.. HOME PHONE (bSl )437-30'4 Location where license will be used. If an outdoor area, describe 13tI<:.K. rAllXllJG- L6r OF !JlJ/l.r.H CoM,oLEl( AT' Anl>l2E55 A4<>cJF;. (;,.,JS/tJ2 IP 14<l/~) WiIjJ~e applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Will the applicant cany liquor liability insurance? If so, the ca...,ier's name and amount of coverage. (NOTE: Insurance is not mandatory.) (l/mf.:L/c... MtJTt)IIL Qt.wf 1c:;oo.= APPROVAL A1'PLICAll0N MUST BE APPROVED BY CITY OR COUNTY BEFORE SlffiJ'vu I IIl"G TO ALCOHOL & GAMRLING EI\'FORCEMENT CITY/COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these Iwo parts, send both parts to the address above and the original signed by Ihis dh'ision will be returned as the license. Submil to the city or Counly alleast 30 days before Ihe event. PS-09079 (6/ . Y~emo DATE: October 4, 2005 TO: FROM: Mayor and City Council 4/ Chantell Knauss /}1/(VlI} //;J '~/lll{/f/v!/ j/ Director of Administration RE: Modifications to the Fire Department Roof As you know, during 1997, the City Hall remodel was completed. The remodel of City Hall included an addition to the Fire Department apparatus bays, but did not include a new roof over the existing structure (office and bunk areas). During the remodel, the roof over the existing part of the Fire Dept. structure was fitted with 2 new rooftop air conditioning units. It has come to our attention that during the installation of the 2 rooftop units, the flashing around the curbs was pressed down and compromised. Because of this, both interior areas where the rooftop units currently sit, leak water when it rains heavily. . Staff has worked with Johnson Controls to determine the best way to repair the flashing. An itemized quote for the work is attached. The repair consists of disconnecting the gas, electric and the sheetmetal plenums from the rooftop units, demolishing and removing the existing flashing around the curbs and reflashing them to provide a tight seal at the roofcurb. In order to remove and reinstall the rooftop units, a crane and 2 lifts are required. After the work is completed, the utilities will be reconnected. The total amount for the repair is not to exceed $5,846. Recommendation Staff recommends the City Council authorize the modifications to the Fire Department roof with Johnson Controls, not to exceed $5,846. . Chantell Knauss From: Sent: To: Subject: Peter. J. Greene@jci.com Monday, September 26, 2005 10:44 AM Chantell Knauss roofing breakdown . Chantell, here is the breakdown of the roof repair quote Roofing rework- lifts and crane- sheet metal- gas piping- $758 $2,769 $1,538 $781 I have a call into roof-tee to discuss possible warranty. Thanks, Peter J. Greene Service Solutions Sales Representative Johnson Controls, Inc. 1801 67th Avenue N Minneapolis, MN 55430-1785 maln direct cell fax e mail 763-566-7650 763-585-5131 763-242-2594 763-566-2208 peter.j.greene@jci.com . . LIST OF BILLS .XHIBIT " A" TO RESOLUTION #2005-213 3D Specialties Inc. 3M Action Rental All Star Wireless American Payment Centers Amotek Bell's Trucking Bonestroo, Rosen, Anderlik Carquest Cartridge World Century Power Equipment Clark, Luann Coca Cola Cole Papers Collegiate Pacific Comcast Commissioner Transportation Computer Services of Florida Cub Foods Dalco _ell ~ichten's Service & Repair ESS Brothers & Son's Inc. First Line Beverage Inc. Fitzgerald, Sue GCR Minneapolis Truck Tire Center Glewwe Doors Hansen, Larry Hedberg Aggregates Ideal Tool & Machine Co Integra Telecom, Inc Johnson, Ronald Lake Elmo Sod Farm Legislative Associates Life Safety Systems Lions International Mac Queen Equipment Magnuson Law Firm Menards Minnesota Office of Enterprise Technology Northern Tool & Equipment Office Depot .C Solutions Pump & Meter Service Quill Corporation Roettger Welding, Inc Sign Supplies Protective Overlay Film for Signs Liquid Propane, Concrete & Trailer Maintenance Contract Box Service (Cub) Oct - Dec Stacking Chairs for Council Chambers Repair Tire Ruts from Truck Browns Creek Open Space Design, McKusick Lake Oil Dry, Welding Rod, Lock Nuts, Batteries, Oil Filter Toner Sharpen Chains, Edger Blade Cleaning At Public works Soda for Concessions 2 Ply Towels 6 Pair Soccer Nets Cable Manuals POS Terminal & Cash Drawers Water for Fire Dept, Concession Supplies Rec Center Janitorial Supplies Laptop Computer Labor & Parts to Fix Dehumidifier Catch Basin's Concession Supplies Reimburse Mileage Repair Flat, Dismount & Mount Tire Lockset Reimburse for Meals at ICMA Conference Gravel River Rock Repair Bobcat Part Telephone Reimburse for Tool Box & Tools, Engine 6107 Sod Services for September, 2005 Service Call - Fire Systems Duct Repair Dues Equipment Repair Supplies Services through 9/30/05 Painting Supplies, Batteries, Lumber Wide .Area Network Usage for August Aluminum Tote Box Toner, File Cabinet Maintenance Agreement Repair Nozzle & Swivel Assy Toner, Paper, Plastic Plates & Straws Equipment Repair Supplies 1,005.23 531.97 513.34 957.00 78.00 940.00 110.00 4,200.97 71.62 197.03 163.47 140.00 1,201.05 579.23 1,018.90 68.33 25.00 2,213.00 74.95 198.12 1,278.00 721.10 946.79 678.08 278.83 1,654.44 165.00 32.00 130.25 315.00 924.24 254.48 260.00 3,833.33 167.50 100.00 214.77 10,470.83 130.86 140.83 95.84 383.69 48.00 255.33 251.62 186.00 EXHIBIT" A" TO RESOLUTION #2005-213 Ruffridge Johnson Equip, Co. Schuster Co. Signal Pro Equipment St. Croix Boat & Packet St. Croix Recreation Co. St. Joseph Equipment Stillwater Farm Store Stillwater Gazette Stillwater Motor Co. Stork Twin City Testing T.A. Schifsky & Sons Tower Asphalt Twin Cities Magic & Costume United Laboratories United Refrigeration, Inc United Rentals Viking Office Products Wells Fargo Workwell Occupational Health Yocum Oil Co. Zee Medical Service Zephyr the Hat Supplies for Asphalt Roller Die Cut Report Covers, Color Index Tabs Pole Pruner, Blade Edger, Gaudge August Services Skateboard Park Equipment Equipment Repair Supplies Weed Killer, Fertilizer Publishing Transmission Repair to 6118 Boutwell Road Imp, & Pine/Myrtle Concrete Rehab Asphalt, Curve Crest Trail, Trail Paving Boutwell Road Project Fog Fluid Cutting & Taping Fluid Ranco SPST control Belt Guard Paper Paying Agent Fees Medical Evaluations Diesel Fuel First Aid Kit Supplies Concession Supplies Page 2 35.73. 1,720.66 41.95 34,900.82 59,999.76 268.50 216.98 331.80 3,316.26 414.00 30,483.96 121,077.56 226.84 208.11 126.51 113.70 213.51 62.50 888.00 881.00 166.51. 144.07 . . . . ~emo DATE: September 30, 2005 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: 2006 Health and Dental Insurance Premiums and City Contribution Health Insurance For the January 1 - December 31,2006 Plan Year, the SWIWC Service Cooperative through which the City purchases its Blue CrosslBlue Shield group health insurance, bid its health insurance contracts, in accordance with State Statute. Through the bidding process, our current carrier, Blue Cross Blue Shield was awarded the contracts. Attached is a schedule of Current and Renewal Rates for the City of Stillwater's group health insurance for 2006. The Renewal Rates represent an 8.0% increase over the 2005 rates. The National health insurance trend is predicted to be a 12% increase for 2006. The Labor Agreements for 2006 have negotiated that the City and employee share the increase in health insurance premium 50/50. This would result in a total City contribution of $646.82 toward dependent coverage, up $33.00 from $613.82 in 2005. Dental Insurance For the January 1 - December 31,2006 Plan Year, the City (through its dental insurance alliance with other metro cities) went out for bids and received the most favorable rate by continuing coverage with Delta Dental. The 2006 premiums reflect a -1.51 % decrease from the 2005 rates. The 2006 premiums for the Delta Dental Fully Insured Plan are: Individual $34.90 Dependent $103.25 When the City moved to a group dental insurance plan from a voluntary plan in 2000, the City chose to contribute 100% of individual coverage in order to meet the 100% participation requirement of many group dental plans. The City should consider contributing $34.90 (down from $35.45 in 2005) toward dental insurance coverage. Recommendation Staff recommends the City Council adopt the attached Resolution approving the Renewal Rates and City Contributions for Health and Dental Insurance for the 2006 Plan Year. RESOLUTION NO. 2005-214 . APPROVING HEALTH AND DENTAL INSURANCE PREMIUMS AND CITY CONTRIBUTION EFFECTIVE JANUARY 1, 2006 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the annual premium increase for the City's group health and dental insurance scheduled to become effective January 1,2006, as listed below, is approved: HEALTH INSURANCE INDIVIDUAL DEPENDENT Triple Gold (Point of Service plan) Renewal: $337.50 $888.00 1 st Dollar (Traditional Fee for Service Plan) Renewal: $368.50 $970.00 DENTAL INSURANCE INDIVIDUAL $ 34.90 DEPENDENT $103.25 Delta Dental Renewal: BE IT FURTHER RESOLVED, that effective January 1,2006 the City shall contribute the . following toward the City's group health insurance premiums for all benefits eligible employees: January 1 - December 31, 2006 $646.82 per month BE IT FURTHER RESOLVED, that effective January 1, 2006 the City shall contribute the following toward the City's group dental insurance premiums for all benefits eligible employees: January 1 - December 31, 2006 $34.90 per month The above City Contributions shall be pro-rated, in accordance with the appropriate labor contract and employment agreement, for those benefits eligible employees that receive pro-rated benefits. Adopted by the City Council this 4 (h day of October 2005 Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk Hv l , I SOOZ;SLr£ OO'OL6$ OS'89£$ 00'96B$ 00' lb£$ ab1104 ls2ild 00 998$ OS'L££$ 00'ZZ8$ OS'ZL£$ 0100 31dIHi %0'9 d al uis aseaiaul nliwed al uls sajea lemouaa sajea aua-uno 99010 2jAivm l-llls JO A11O jol saje�j lemaua�j 900Z `t tienuer N . MEMORANDUM . . To: Mayor and Council From: Rose Holman, MIS Specialist Date: September 29, 2005 Subject: Network Security Assessment, Training and Policy Development I have requested money in 2005 to have a security assessment done for our network. This assessment would help to identify exposures or vulnerabilities within our network and IT infrastructure and allow me to minimize those risks and protect our computing base. This assessment would also prioritize these risks so that I can focus my efforts on our most vulnerable areas first. Along with this assessment, I will be rewriting our Computer Use Policy to include many practices that would help to make our network more secure. Once this is done we will be doing a training session for all employees that will educate them on up-to-date security concerns and practices. Attached is a quote from the Appiant. They are experts in network security. Managing a security program is challenging, and the increasing sophistication of attacks and complexity of new technologies makes it even more important to be proactive in our security measures. Because I have limited hours to spend working on anyone issue, I need to find ways to prioritize my workload. This assessment will help to alleviate any concerns and prevent future problems within our IT infrastructure. My recommendation is that the attached contract be approved. RESOLUTION 2005-215 APPROVAL OF THE NETWORK SECURITY ASSESSMENT CONTRACT WITH APPIANT BE IT RESOLVED by the City Council of Stillwater, MN that the Network Security Assessment contract between the City of Stillwater and Appiant, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 4th day of October 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . A Security Audit, Security Training and Security Policy Development Proposal to Eliminate Costly Data Breaches and Financial Losses and to Increase Security, Efficiency, Productivity and IT Value to Overall Organization September, 23, 2005 Prepared For: City of Stillwater Prepared by: Cavic Hannison Appiant 3601 Minnesota Drive Ste. 804 Edina, MN 55435 Phone: 952 858-9111 Fax: 952921-5801 cavich@appiant.net Executive Summary: .............................................................................................. 3 Business Situation Driving This Engagement: .................. .................................... 3 Technical Overview:............................................................................................................ 3 Project Engagement Objectives: ................... ......................... ......... ................ ....................4 Desired Business Advantages: .. ..................................................................... .................... 5 Project Phases & Methodologies: .......................................................................................6 Measures of Success:............................................................................ ........................... 7 Appiant's Corporate Strategy Development & Implementation Model: ............................... 8 The Appiant Team Assigned to this Project: ....................................................................... 9 References:............................................................................................... ........................ 10 Terms and Fees: ...............................................................................................................11 Security Training: ................... ... ................. .......... ....... .... ......................................... ......... 12 Confidentiality Agreement: ........ ............. ....... ........................ ....... ..................................... 13 Some of Our Clients Include: ............................................................................................ 14 Acceptance: ................................ ...................................................................................... 15 Confidential . . 2 . . . The goals of Appiant's engagement with City of Stillwater will be to: 1. Assist in the Writing of City of Stillwater - Technical Data Security Policy ,/ Meet with Rose Holman (and designated Staff) to collect current Security Policies and Procedures and document desired future state of Security Policies. Appiant will utilize Best Practices and its experience in working with other City and State Agencies Security Policy Definition. 2. Security Assessment ,/ Meet with Rose Holman (and designated staff) to validate scope and business requirements for a security assessment. ,/ Conduct a network security assessment that will analyze the following four categories: a. Firewall: Analyze firewall configuration . Appiant will closely examine the configuration of the firewall to look for any unnecessary configurations and insure that it is as secure as possible. b. Network Core: Analyze routers & hubs that make-up the network core, distribution and access layers . Appiant will examine the core network infrastructure to determine if the layout is both efficient and able to provide adequate security. Recommendations will be made that will assist in providing a greater level of network security and monitoring. c. Servers: Analyze servers for vulnerabilities. . Appiant will examine server configurations and overall network server communications to identify vulnerabilities and misconfigurations. Recommendations will be made on how to reduce these vulnerabilities by making configuration changes on both the server environment as well as within the core network. d. Passwords: Analyze current network user passwords. . Network users are usually the weakest link in the network security chain. Not only will users typically have easily guessed passwords, but they are all too eager to give out the passwords if only asked. With this process, Appiant will test end user security to determine the amount of vulnerability that is added to the network from the end-user perspective. ,/ Present the security assessment findings along with recommendations and next action steps to improve the security posture of City of Stillwater's network infrastructure to management. 3. Security Training & Awareness a. End User Security Training Confidential 4 The business advantage and value that is created for City of Stillwater by successfully meeting these objectives include: ./ Defined City of Stillwater - Technical Data Security Policy & Procedures ./ Appiant will work in partnership with City of Stillwater in defining new Technical Data Security Policy and Procedures. ./ City of Stillwater will receive a workable - action-planned Technical Data Security Policy to help facilitate a more secure computing environment. ./ City of Stillwater will receive a document defining Technical Data Security Policies and Procedures, which will enable City of Stillwater to more efficiently and effectively manage overall Security. ./ City of Stillwater will benefit from tapping into Appiant's experience with defining and writing other City and State Agency Technical Data Security Policies and Procedures. ./ Security Assessment ./ City of Stillwater will receive a thoroughly detailed document that identifies the security gaps between their current security posture and desired security posture. ./ City of Stillwater will receive a document that outlines the necessary recommendations needed to make its' environment more secure. ./ City of Stillwater will have objective criteria to establish budgets and determine ROI for near and long-term investments into security. I.e. Network monitoring tools, Intrusion Detection System (IDS) tools, etc. ./ City of Stillwater will have a resource at Appiant to tap into security knowledge, templates and best practices keeping labor cost to a minimum and eliminating need to add responsibility to existing staff or increased headcount. ./ Security Training & Awareness ./ End User Security Training - Appiant will provide City of Stillwater's with 1 and/or 2 Yz hour customized, formal, instructor led training for End User Security Training - up to 40 attendees per session. The knowledge and tools learned from this training will empower the end user to assist in making their work environment more secure. Confidential . . 5 . . . l To insure successfully completing this project, Appiant Analysts are skilled at following a wide range of project templates. We see the project breaking down into the following phases. Each phase is designed to deliver value and a deliverable before proceeding on to the next phase. Phase 1: Engagement Kick-off and Planning Session Appiant Analyst will arrange with Rose Holman (and/or designated staff) a kickoff meeting to validate scope and business requirements. This will include collection of existing security policies & procedures; and understand the culture and attitudes in-place. Deliverable: · Schedule and Conduct Kick-off Meeting · Document Business Requirements From Interviews · Confirm Project Plan & Timeline Phase 2: Information Gathering/Penetration and Vulnerability Testing Appiant will use technical tools to launch attacks against City of Stillwater's firewall, servers, routers and hubs, etc. Information will be gathered on vulnerabilities found. Included will be executing password cracking tools against current on-line users. Deliverables: · All egregious vulnerabilities discovered during the Information Gathering Phase will be disclosed immediately to Rose Holman (and/or designated staff). Otherwise, all other information gathered will be fodder for the Final Technical Security Assessment Report Phase 3: Analysis of Data / Development of Customized Report The goal of this phase is to gain knowledge from data gathered and identify actionable steps needed to mitigate the risks. Deliverables: · Penetration and Vulnerability Assessment Report · Firewall Configuration Report . Network Configuration Report . Password Auditing Report Phase 4: Presenting Final Results and Recommendations Deliverables: · Final Technical Security Assessment Report · Security Policy & Procedures Recommendations and Next Steps · Security Briefing Meeting Facilitated by Appiant with City of Stillwater · Ongoing reports detailing critical and non-critical patch management needs · Scheduled reports and advice detailing the health of City of Stillwater IT environment Confidential 6 We know that this engagement will be successful by the following indicators: · City of Stillwater will have a workable - action planed Technical Data Security Policies and Procedures document. · City of Stillwater will be better able to manage overall Security by following the "roadmap" laid out with in the Technical Data Security Policy. · City of Stillwater knows of current security threats and vulnerabilities on their network infrastructure. · City of Stillwater is provided recommendations to remove their current threats and vulnerabilities and improve their overall security posture. · City of Stillwater has a strategy for moving forward with this information in order to update and assess their current security policies & procedures. · City of Stillwater understands the health of their IT environment. o CPU Utilization o Hard Drive Utilization o Memory Utilization o Traffic Flow o Status of Service o # of Users . City of Stillwater's End Users and Staff will be trained on up-to-date Security Concerns and Practices. Confidential . . 7 . . . ~ ~ o Q.. = (j ~ .... . ~ .... . ~ ~ Low IT PerformanceNalue Confidential 8 Executive Summary: Joel is a senior Security Analyst and Network Engineer with over 10 years experience in the field. Joel was member of Cisco's Performance & Security Team where he gained valuable experience performing network performance and security audits for some of Cisco's largest customers. When Cisco acquired the wireless Aeronet product line, Joel started working with wireless LAN technology. Joel worked on some of Cisco's highest profile wireless projects that include the Chicago Board of Trade. Since joining Appiant, Joel has performed numerous security audits for the Financial, Healthcare, Educational and Enterprise clients. Joel has designed and implemented secure wireless LANs for enterprise customers that meet the challenge of securing both smart and dumb (such as bar code scanners) end-user devices. He is a leading wireless security analyst who advocates wireless security architecture based on the wireless gateway platform. Wireless Networking 9 4 Voice over IP 3 7 Network Security 4 9 Local Area and Wide Area Networking 9 8 Expertise: Infrastructure design Network work security assessment Wireless Integration Network security Training Voice Over IP Integration Projects: Director of Networking & Security Services - Appiant-2001 - Present Design and configuration of their network infrastructure to optimize performance. Re-architected core network and distribution layers to improve its overall performance without additional capital expenses. Implemented secure wireless LANs for enterprise customers Reviewed current wireless LAN security strategy and pointed out holes that were left open. Consulted with senior management on remediation steps to strengthen the security of the wireless LAN and architected their long term solution that supports wLAN in 28 remote sites globally. Designed and implemented the security for Eli Lilly's wireless LAN using Cisco ACS Radius Server and LEAP, Performed security assessment of a large Hennepin County Department that was implementing VolP and wanted to know what vulnerabilities existed in their network.. Helped senior management craft their security policies and performed assessments against their policies that produced remediation plans that were easy for internal staff to follow. Lead Systems Integrator - Spanlink Communications, Inc-2000 - 2001 Performed highly technical Voice over IP integrations for companies such as EDS, Dow Chemical, UBS Warburg/Paine Webber. Responsible for the installation of Wireless Voice over IP solutions at the Chicago Board of Trade TAC Engineer Cisco Systems, Inc-1999 - 2000 Developed complex networks for use by Cisco customers throughout the world. Secured corporate networks and implement comprehensive security policies. Integrated Cisco's newest line of Voice over IP products. Certifications: Cisco Certified Network Administrator (CCNA), Cisco Certified Design Associate (CCDA) Cisco IP Telephony Certified (CIPT) Cisco Aironet Wireless Networking Certified. Cisco Sales Essentials Certified. Compaq Certified Technician CompTIA A+ Certified Service Technician Confidential . e 9 . . . John Eckel MICS Director Chisago County Government Center 313 N. Main St., Rm. 131 Center City, MN 55012 (651) 213-0202 Dan Hendricks MIS Manager Hennepin County Libraries 12601 Ridgedale Dr. Minnetonka, MN 55305 (952) 847-8567 Judy Hiller Mgr. IS City of Stillwater Offices 307 N. State St. Waseca, MN 56093 (507) 835-0639 Confidential 10 Assistance in writing Technical Data Security Policies and Procedures v" One (1) Security Audit Penetration & Vulnerability Assessment Report Firewall Configuration Report Active IP Report Password Cracking Report Final Technical Security Assessment Report (both Executive Summary and Detail Report) Security Policies & Procedures Recommendation and Next Steps v" End User Security Training Customized, Formal, Instructor lead Security Training for all City of Stillwater employees v" Commitment (1 year): $8,500.00 Consultino Services: Any On-Call Tech Support (minimum of 4 hours) will be billed at $125.00/hr. Appiant will invoice City of Stillwater for the Technical Data Security Audit upon the completion of the Security Audit and delivery of Final Technical Security Assessment Report. Confidential . e 11 . . . End User Security Training Agenda: I. Defining the enemy a. What is a "hacker"? b. How do hackers hack? c. The tools hackers use d. The threat, is it real? Here we introduce their opponent. By talking about their home PC, we share with them hacker's tools and tricks of the trade. With this knowledge, they can better understand the need for security at home and in the workplace; as well as identify potential security breaches. II. Defining the threat a. Social Engineering b. Working from home c. Viruses and Worms d. Malicious Downloads (Trojans) e. Spyware and Tracking cookies Once the end user knows who the enemy is, they are taught to recognize techniques. We show them what they can do as end users to no longer be the weakest link in the chain. We also show them how they can become unwitting accomplices in security breaches by simply browsing the internet or installing a file that someone told them to - over the phone. III. Password Security a. Common passwords b. Why create secure passwords c. What isn't secure d. Creating a secure password e. Password Etiquette Now that the end user understands their role in information security, it becomes easy for users to recognize how important having a secure password really is. We first show them how easy it is to crack passwords. Moreover, we then introduce time-tested techniques on how to create a secure, easily remembered password. Confidential 12 Each party acknowledges that it, and its employees, agents or representatives may, in the course of performance of this engagement, be exposed to or acquire information that is proprietary to or confidential to the other party or its affiliated companies or their clients. Any and all information of any form of each party obtained by the other party or its employees, agents or representatives in the performance of this Agreement shall be deemed to be confidential and proprietary information. Each party agrees to hold such information in strict confidence and agrees not to disclose such information to third parties or to use such information for any purposes whatsoever other than as necessary to the services to City of Stillwater, hereunder and to advise each of its employees, agents and representatives of their obligations to keep such information confidential. Appiant acknowledges and agrees that City of Stillwater shall own all right, title and interest in materials developed under this agreement. All information gathered by Appiant and its employees shall be used for the sole purpose of preparing deliverables for services described in this proposal. Confidential . . 13 . . . Technology Guidant Hunt Technologies Horton RWD Technologies Aetrium Finance Anchor Bank Venture bank HMN Bank Investment Rarities Bell Mortgage 1st Trust Mortgage Fast Funds Legal Winthrop & Weinstine Bowman & Brooke LLP Dorsey & Whitney Maslon, Edelman, Borman &Brand LLP Lindquist & Vennum Government Hennepin County Dakota County Chisago County City of Duluth City of Minnetonka Mille Lacs Band of Ojibwe Fourth Judicial District Court Hennepin County Library Metro Airport Commission Minnesota Dept. of Trans. Manufacturing Conwed Plastics Toro Company Donaldson ICM Plastics Ecolab Malt-O-Meal Midland Plastics Schwing America Insurance / Personal Care Hospitality of Entertainment & Media CBCA American Family Mutual Insurance HealthCare Achieve Health Care Gillette Children's Hospital Metro Dental Care Columbia Park Medical Group Education College of St Scholastic Minnesota State College Minneapolis Community and Technical College Winona State College Confidential Carlson Companies Mystic Lake Treasure Island Casino Best Buy Insignia Systems Star Tribune Services AmeriPride Instant Web Companies Scherer Brothers Lumber Priority Envelope Collins Electric Dedicated Logistics LifeTouch LOGIS Oasis Market Questar Data Systems 14 An authorized signature below indicates acceptance of this proposal and the terms, and authorizes Appiant to begin work at the time and date agreed upon for the services selected below. Estimated Start Date: Appiant is prepared to begin assisting City of Stillwater end of October '05/beginning November '05. Appiant City of Stillwater Cavic Hannison Rose Holman Territory Account Manager Title Signature Signature Date Date Confidential . . 15 . STAFF REQUEST ITEM Department: Parks Date: 9-29-05 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase and install a new play structure for Benson Park. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) . Three quotes were received with the lowest quote from St. Croix Recreation for $32,452.87. We are working with Washington County and will receive $25,491.00 from the CDBG grant. There is a possibility of more money available, however we may have to pay the balance of $6,961.87 if further grant money is not available. ADDITIONAL INFORMATION ATTACHED Yes No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. . .-: -- Submitted by:.~--;:T,- -7/7 /~~( ~o_ Date: 9' -.70 - c r ~ I ; . ~t _,water ~~'L '~JI'IIlJ.~!.II'IJIII~~IIII~~.I,- ~_ili'llllllIll"I':"'~ T H ;: I"~'~",~J';~"~ CEO F M INN E SOT A ~ NOTICE OF HEARING ON PROPOSED ASSESSMENT FOR FIRE CLEAN UP SERVICE LI 368 September 6, 2005 Notice is hereby given that the Stillwater City Council will consider the assessment for fire clean up service for the property. This item will be addressed at their regular meeting on October 4, 2005 at 7 :00 pm or as soon as possible there after in the Council Chambers at City Hall, 216 N. 4th Street to adopt the proposed assessment. The following is the area proposed to be assessed: Property at 324 Wilkens Street E, Stillwater Minnesota, Washington County, legally described as being Lot 003, Lot 015, Carli & Schulenburgs Add 3rd Ward, Parcel number 21.030.20.43.0029 The amount to be specially assessed against the particular lot, piece, or parcel of land for fire clean up services is $5,104.25. NO INTEREST \VILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2005. If payment is not received by November 15, 2005, the amount listed above will be collected over five .ars (2006-2011) with the property taxes that are paid to Washington County. The five-year assessment will be collected with interested added at 5.25% per year on unpaid balance. Assessments may be paid at anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. The proposed assessment roll is on file for public inspection at the City Clerk's office. Written or oral objections thereto by any property owner will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection, signed by the property owner, is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may consider an objection to the amount of the proposed individual assessment at an adjourned meeting, if so advised. Upon such action, affected property owners would receive further notice. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The city will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desire. The same procedure for questioning of the city's witnesses wiiI be followed with the objector's witnesses. .. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. CITY HALL: 216 NORTH FOURTH STILLW.AJER, MINNESOTA 55082 PHONE: 651-430-8800 ~ \ , 5. The entire proceedings will be tape-recorded (video-taped). . 6. At the close of presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. 7. The council may adopt the proposed assessment at the hearing. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within thirty (30) days after the adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the mayor or clerk. Under Minnesota Statutes Section 435.193 to 435.195 and Stillwater City Code, Chapter 56.05, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest, shall become due upon the occurrence of any of the following events: (a) the death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder; (b) the sale, transfer or subdivision of the property or any part thereof; if the property should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring payments shall determine that there would be no hardship to require immediate or partial payment. . Any assessed property owners meeting the requirements of this law and the ordinance adopted under it may apply to the City Clerk for the prescribed form for such deferral of payment of the special assessment on the property. (Please call City Hall at 430-8813 for more information about the special assessment deferral). Diane F. Ward, City Clerk . . . <' RESOLUTION ADOPTING ASSESSMENT FOR FIRE CLEAN UP SERVICE LI 368 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment Boutwell Road Improvement Project for the following properties. Property at 324 Wilkens Street E, Stillwater Minnesota, Washington County, legally described as being Lot 003, Lot 015, Carli & Schulenburgs Add 3rd Ward, Parcel number 21.030.20.43.0029 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOT A: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2006, and shall bear interest at the rate of 5.25% per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2005. If the assessment is not paid by November 15, 2005, accrued interest from the date of the adoption of the assessment roll through December 31, 2005 will be added with the first installment due in 2006. If payment is not received by November 15, 2005, the amount listed above will be collected over a 5-year period with interest added at 5.25% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 4th day of October 2005. . ATTEST: Jay L. Kimble, Mayor Diane F. Ward, City Clerk . . . RESOLUTION CONSENTING TO THE ISSUANCE OF REVENUE BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY ON BEHALF OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY BE IT RESOLVED by the City Council of the Stillwater, Minnesota (the "City"), as follows: SECTION 1 Recitals 1.1 The Evangelical Lutheran Good Samaritan Society (the "Society") has advised this Council of its desire to (i) finance the costs incurred in the connection with the acquisition, construction, improvement and equipping of an approximately 41 bed addition, dining area and physical therapy office to the Stillwater Good Samaritan Center, (ii) fund a reserve fund and (iii) pay certain costs of issuing the bonds at the Stillwater Good Samaritan Center, located at 1119 Owens Street North in the City (the "Project"). 1.2 The Society has represented to the City that the Project will assist the Society in improving its facilities in the City, for the benefit of the residents of the City and surrounding area; that the issuance of tax-exempt revenue bonds is essential to the successful completion of the Project; and that the Colorado Health Facilities Authority has evidenced a willingness to issue tax-exempt revenue bonds and loan the proceeds thereof to the Society to finance the proposed Proj eeL 1.3 In order to facilitate the financing of the Project by the Society, together with other Society facilities throughout the United States, on a cost effective basis, the Society has advised the City that it would like the Colorado Health Facilities Authority to issue its Health Facilities Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) to finance the Project, among other things. 1.4 A notice of public hearing was published on September 16, 2005 in the Stilhvater Gazette, and pursuant to such notice a public hearing has been held before the City Council on the proposal of the Society to finance the Project through the issuance of revenue bonds by the Colorado Health Facilities Authority, at which hearing all those who desired to speak were heard, and in connection with which written comments were taken in advance. ::h()=:7:'4.1 SECTION 2 . Consent to Issuance 2.1 On the basis of the information given to the City to date, the City hereby consents to the issuance by the Colorado Health Facilities Authority of approximately $1,560,000 of its revenue bonds, and the loan of the proceeds thereof to the Society to finance the Project. The adoption of this resolution shall not be deemed, however, to establish a legal obligation on the part of the City, its Councilor the Colorado Health Facilities Authority to issue or to cause the issuance of such bonds. The bonds, if issued by the Colorado Health Facilities Authority, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City or the Colorado Health Facilities Authority. The bonds shall be payable solely from said revenues and property of the Society specifically pledged to the payment thereof, and shall not constitute a debt or pecuniary liability of the City or the Colorado Health Facilities Authority within the meaning of any constitutional or statutory limitation. Adopted this 4th day of October, 2005. Jay L. Kimble, Mayor . Attest: Diane F. Ward, City Clerk . ~()(<2'7 }4.\ .. . . . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director September 27, 2005 Variance to the Lot Size Requirements for Two Lot Subdivision (Case No. SUBjVj05-41). Background. A request for subdivision of this property was preciously before the Council and because of a new survey showing the need for the variance, referred back to the Planning Commission for subdivision and variance review. The subdivision request, with a variance to lot size, was heard by the Planning Commission at their meeting of September 12, 2005. At that meeting, the owner of the land, Jeff and Heather Swanson, presented their request for the subdivision and plans for construction of a new house on the new lot. The plans presented were very conceptual but provided an idea of what was being contemplated for development. At the meeting, neighbors spoke in opposition to the request( see CPC minutes and attached letters). They were concerned about the impact on neighborhood character and privacy. The Commission felt that because ,the lot size did not meet lot size requirements. The request was inconsistent with zoning and the density of the Comprehensive Plan. They also expressed concerns for impact on character of the neighborhood. The Commission recommends denial of the request by a 5-1 vote. Recommendation: Decision on subdivision request. Attachments: Application, Planning Commission staff report and minutes of September 12, 2005 and neighbor letters (3). . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/V /05-41 Planning Commission Date: September 12, 2005 Project Location: 203 St Croix Avenue Comprehensive Plan District: Two Family Residential Zoning District: RB Applicants Name: Jeff and Heather Swanson Type of Application: Subdivision and Variance Project Description: Request to subdivide a 14,982 square foot lot into two lots of 7,491 square feet each (7,500 square feet required). Discussion: This subdivision request was previously before the Planning Commission on June 13, 2005. The Planning Commission denied the request at that time. No plans for development on the lots were submitted. This application was referred back to the Planning Commission for variance review because of lot size. At this time, a new applicant has submitted a request for the subdivision. Concept development plans show a two story structure with an attached garage on the new lot. A new attached garage is shown for the existing residence. When the garage is attached to the residence, the garage has the rear yard setback (25 feet) of the primary dwelling. Neither of the attached garages meet setback. It appears that the proposed building locations preserves many of the large trees on the site. Because of the need for a variance, conditions of approval regarding site and building design can be placed on the subdivision. Recommendation: Denial Finding. The request does not meet lot size requirements of the RB Duplex Residential District. Attachments: Application and plans. CPC Action on 9/12/05: Denial 5-1 i~ PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED )( -----.. Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submittecJ in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the to-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the . required building permits. PROPERTY IDENTIFICATION Address of Project~03 S\-. C'~o; '/.. twE. E Assessor's Parcel No;J/o3tJOJtJ)l30C)S/ 1) a 'f'\.." "\- 3 <'1 . ~ , (GEO Code) Zoning District" ~ Description of Project 'J\V' 0 E. dO .:n-. (ft., f. AVE '{\~ ,~ ('; ~ 'I 10"" -\v 4\\,...., h f\<!.W 5< C\~le ~. \" \..orne- -tv hE b: 1-1-. 7(\>f~p \c,.\-o. ~;,( be:- ~ 99.Q.~' .'f. ,4,4" f "1 hereby state the foregoing state~ents and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner Jftt l \\6 ^,-r"6~ ~ ~(\~,,(\ Mailing Address toocr 'Sv~,\- S\<(.\L\- City - State - ZiP__~eb \~, \V'3- 54Dd'O Telephone o./t ~ lcS\- J1'5 - \'333 . Signatur Representative Mailing Address City - State - Zip Telephone No. Signature (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) q 1.9 Ix ''i.~'' _and Area 71 klclil .,~F Height of Buildings:. ... Stories Feet Principal a Accessory I dO Total Building floor area"~ 2;ax:> square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces 2.. H: \mcna mara \shei la \PLANAPP, FRM April 20, 2005 , MINOR LOT SUBDIVISION . FOR: HARVEY WOODRUFF LLC ~ EXISTING LEGAL DESCRIPTION (as provided by the owner) Lot 6, Block 17, CARLI AND SCHULENBERGS ADDITION TO STILLWATER, Washington County, Minnesota. ~ PROPOSED LEGAL DESCRIPTIONS PARCEL A The West Half of Lot 6, Block 17, CARLI AND SCHULENBERGS ADDITION TO STILLWATER, Washington County, Minnesota as measured along the northerly and southerly lines of said Lot 6. ~ARCEL B The East Half of Lot 6, Block 17, CARLI AND SCHULENBERGS ADDITION TO STILLWATER, Washington County, Minnesota as measured along the northerly and southerly lines of said Lot 6. ~ AREA SUMMARY: TOTAL AREA = 14,982 SQ. FT. PARCEL A AREA = 7,491 SQ. FT. PARCEL B AREA = 7,491 SQ. FT. DUE TO THE FOUND MONUMENTS IN THE FIELD THERE IS A SLIGHT SHORTAGE IN AREA FOR THIS LOT. IT WAS INTENDED TO BE PLATTED AS 15,000 SQ.FT. .... CERTIFICATION: Whereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land SON'Y" 0::: '~L'''' DANIEL L.9=mfR.MES I License. No. 25718 bate 6-23-05 I -~ -~ I I: I 'I I I I I I I I I I I I I I I I I I L__________________________ ~ 1 ~ o cg., BlfUMINOUS SJRE:E:T ~ ST.6'C~O X AV:1 ~ 3' --..... Oi. Q ~ 3' --..... Oi. Q ~ C9 ~ a i ! ::J I C) f -. C, / \c: E:DGE?, OF- BITUMINOUS ~ i ,I II i~ ;":'" 150.0t? PLAT \ ~i.i \, 14!:A,94 --..\ /~ ~',/ ,,' ~ 74.97 --" - , : .~. ',1\, : - - .,'~' %~'\ q...*,~ + 60' R/W n \ <b) ~ .~ ;.~~' · 1',_ .~~'.'.,' { C'J I ~<. -\- <( t;; ~ '5 ~:, ~ J.. M 61'" 1,~'5 I + ~~~ tL \~~ " : ;u; , uJ ' !( f.:1i:: ~-\Q:t '-'-'8.5"" Z ", Q-<<J tC: o d", ,. ,,' i ~ EXISTING a -nO. r::; ,~' '." !;( ~ ~~; \ :'~?"~;lr ~~ ~GuPARCEL B ,~u gj~, ~g . I m/~, rT' I " ~'uJ. ~ } C ~ J ~ ,\'f- I -1-- 21.5' --- ~ :C;1 E ,,' 't PARf:"EL A I 0.; ou______.. I ~/ I'::J" t ~ : t\ An lI"l \'C)' t-. 0... \U \ / z 'in ,.y<~ if ,'~~~ } ; '~, ~ 60 R/W &i':~o'~~'Q' x FfNCE"t/f;~ ,,7F:~~E ;" ~",~- - - - -- fOUND 1/2" ,IU .>-:) r 17.4' -W//\~I~~;~;''" ~~!.~J ~~~J "E \' fOUND 1/2" -_/ i5~ ~g~ !~:Nt~ -- b~." I ; HOUSE: r - <y"j,) IRON PIPE: AT -- -- MARKf:D STACK P: ; ~ ) " LOT CORNER L : I" I ,,/ I \J\ O! ,A I I ,.. , ~ NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN. EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. o . 30 - 60 . SCALE: 1 INCH = 30 FEET PROJECT LOCATION: 203 EAST ST. CROIX AVE. STILLWATER, MINNESOTA NORTH ~ CATCH BASIN HYDRANT SIGN WATER VALVE UTI L1TY POLE LIGHT POLE TELE/ ELEC BOX GAS VALVE OVERHEAD WIRES WELL MANHOLE CULVERT GAS METER FENCE CONCRETE . DENOTES FOUND 1/2" IRON PIPE o DENOTES SET 1/2" IRON PIPE MARKED RLS 25718 Suite #8100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dlt-csls@ mcleodusa .net CORNERSTONE LAND SURVEYING. INC I n c : EXCELSIOR, MN 440 2nd Street, 55331 Tel (952) 3804817 Fax 1952),3804818 . e Dale MUI.finger, FAIA I.' Pr-incipal . . "'-- ---- dmulfinger@salaarc:com www.5AlAarc.com . , >~ ,- . \J~ r. ~.... \ D (" '1r) ..... ~....,.......J._ ~. ~. ,-.- , ~' ~" ~ , . " -- s.... , . ,J , ---- C~'X .;rve e, ... .", o ~' ......-..... .................. .'.'.-:" . ........." ..' ...... '.-- '.'"..' \' . ---... '" ?-- ". ,- .. ... .... J t~~~-f~1 / < 0 " 10 I " ~- , , J' tt~ I . . i .-fI}Cl \ ,.--3 - - /' ~,"", / ~ I - ~.J.. ) , .. 4, .. t :. -t , ~ - 1 t1~ \ 1 r, .�\ �\� �Vjf . . . City of Stillwater Planning Commission September 12, 2005 Present: Robert Gag, chair Gregg Carlsen, Mike Dahlquist, David Junker, David Peroceschi and Jerry Turnquist Others: Community Development Director Steve Russell Absent: Dave Middleton and Paul Teske Mr. Gag called the meeting to order at 7 p.m. Approval of minutes: Mr. Junker, seconded by Mr. Turnquist, moved approval of the minutes of Aug. 8, 2005; motion passed unanimously. Case No. SUB/V/05-41 A request for a subdivision of one lot of 14,982 square feet into two lots of 7,491 square feet and a variance to the lot size regulations (7,500 square feet required) in the RB, Duplex Residential District at 203 St. Croix Ave. Jeff and Heather Swanson, applicant. The applicants were present. Mr. Swanson explained they are requesting the subdivision and variance in order to build a small cottage-style home on the new lot. The home would be a two- story with front porch and setback garage. The footprint of the home would be 950-1,000 square feet. A business associate would rent the existing house. The existing garage on the property would be removed; a new garage mayor may not be built. Mr. Swanson said they would work to meet the setback for any new garage. He said the new home would be designed by Dale Mulfinger and would comply with the character of the existing neighborhood. Mr. Gag opened the case to public comment. Andrew Jackson, 209 N. Second St., spoke of the value of green space. He said he favored increasing the minimum lot size in the area. He said there is no hardship in granting the requested variance and said he was opposed to increasing the density of the neighborhood. Liz Dawson, 213 N. Second St., expressed a concern about the new garage, which would be right next to her property. She also expressed a concern about the possibility of trees being removed. Don Empson, 206 N. Second St., said he was opposed to the granting of the variance. He noted there is no hardship and no extenuating circumstances involved to justify the granting of a variance. He noted the request results in the creation of two non-conforming lots. And he suggested granting the variance would be setting a precedent for a number of lots in the nearby area, He also noted that the City currently is working on design guidelines for infill housing. Mr, Swanson responded by saying he appreciated the neighbors' concerns. He said they would make sure the construction of the new home would maintain as many trees as possible. He reiterated that the design of the new home would be consistent with the character ofthe . . . City of Stillwater Planning Commission September 12, 2005 neighborhood. He said if the variance request is denied, they would have to do a significant renovation to the existing structure on the property, which may result in more of a concern for the possible removal of trees. Mr. Junker spoke in favor of the lot split. While everyone is in favor of green space, he noted that the whole neighborhood is zoned 7,500 square-feet, and he noted that there are likely a number of existing homes that were constructed on lots that do not meet the minimum requirement. He said the design of the proposed new home fits nicely with the neighborhood. Mr. Peroceschi said the request is inconsistent with the neighborhood. Mr. Carlsen agreed that there is a pattern of space between houses. Mr. Gag said seeing the design and quality of the new home changed his feeling somewhat but said creating two non-conforming lots is the major concern. Mr. Turnquist said he could not support the request, saying the Commission has established a good precedent in maintaining the 7,500 square-foot lot minimum. Mr. Junker moved to approve the subdivision and variance, with the condition that no setback variances be granted for any new structures and that the existing garage be removed. The motion died for lack of a second. Mr. Turnquist moved to deny the subdivision and variance. Mr. Carlsen seconded the motion. Motion passed 5-1, with Mr. Junker voting no. Mr. Gag noted this case will go to the City Council. Case No. ZAT/05-0t A zoning text amendment requiring two or more adjacent lots that do not meet lot width or size requirement be combined to meet district zoning requirements. City of Stillwater, applicant. On recommendation by staff, this case was tabled indefinitely. Mr. Russell said the proposed amendment might come back with the infill design guidelines. Case No. SUP/o5-43 A special use permit for live entertainment at Northern Vineyard Winery at 223 N. Main St. in the CBD, Central Business District. Robin Partch, applicant. (Continued from the August meeting) Mr. Partch was present and apologized for not being present at the August meeting. He said he was unaware that a special use permit was required, as he thought music was OK in the CBD district. He said they have been doing some plays, as well as music. He said music is offered Sunday nights from 7 to 9 p.m.; the music is primarily acoustic performed solo or small ensemble. When the weather is nice, the performances are given outdoors. Mr. Junker asked if performances are given on other nights. Mr. Partch said performances are primarily on Sundays; plays are performed Friday and Saturday nights, with Sunday matinees. 2 . . . 1 206 NORTH SECOND STREET STILLWATER, MN 55082 (651) 351-0172 FAX: (651) 430-2051' . f-/ EMPSON@USFAMILy.NETif.'/j'/ 4ft tJ) q. t--U ~j1.// r v V /0 ') { tJ /' 1 r- ~Olla~c-. 3111pSOll TO: City Council, Stillwater. I am sorry I will be unable to attend this evening's council meeting in person. However I would like to submit the following comments for your consideration. RE: CASE SUBN/05-41 Subdivision of lot at 203 St. Croix Avenue I am 9pposed to the Council granting a variance in this case for several reasons: No.1: The purpose of a variance, I believe, is to make an exception to the rules for some extraordinary circumstances, or some hardship that requires breaking the rules. I don't see any reason for a variance in this case; I don't see any extenuatine: circumstances, or anv hardship that requires you to waive the rules and make an exception for this particular case. No.2: Even though there is only a few feet of difference, granting a variance in this case will create a non-conformine: lot which is an administrative headache for the city. We have been told many times that the reason we cannot raise the minimum lot size in Stillwater is because it would create non-conforming lots with all the attendant problems. If non-conforming lots are such a problem we cannot change the minimum lot size, then I believe it is a bit of a travesty to purposely grant this variance and actuallv create two new non-conforminl! lots. A lot can not be a little bit non-conforming anymore than a woman can be a little bit pregnant. No.3: Mr. Harvey bought this lot and house in June for $196.500. In mid- August, after trying unsuccessfully to get a subdivision himself, he sold it to the Swan sons for $250.000. I have to assume that Mr. Harvey justified his $50,000 profit in less than three months by assuring the Swansons that they would be allowed to subdivide this lot, and the Swansons would then in turn be able to make a nice profit on the lot also. This is-to my mind-reckless speculation in the property values of an old and established neighborhood. There is nothing you can do about the speculation, but it seems to me to be very poor public policy to go so far as to enable this kind of speculation by granting a variance. If you grant this variance, you are spreading the word- 7Af>t.. \ . . . and people are watching-that the city council condones and encourages this kind of speculation. For all these reasons: there is no hardship or extenuating circumstances to justify this variance; granting such a variance would create two non- conforming lots; it would be a public policy decision encouraging reckless speculation, and it would set a precedent for the subdivision of numerous other lots in the neighborhood, I would urge you to deny this variance. Lastly-if all these arguments are not persuasive, let me remind you that the city is working on design guidelines and policies for these small lots. If you deny the Swanson's request now, they can come back and apply again in a year when hopefully the city will have a consistent policy in place. It appears to me the city code does not allow for this kind of subdivision that would create a non-conforming lot. Subdivision code: 32-1 Subdivision Ordinance: Subdivision 2 (2). Resubdivision. In the case of a reauest to divide a lot which is a Dart of a recorded nlat where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newlv created nronertv line will not cause the other remainine- nortion of the lot to be in violation of this chanter or the zonine- chanter. the division mav be annroved by the governing body after submission of a survey and legal description by a registered land surveyor showing the original lot and the proposed subdivision. ~~ ~€:.. d- . July 19,2005 Jim and Elaine Pederson 1106 No. Second Street Stillwater, MN 55082 Dear Mayor Kimball and Stillwater City Council Members: In the spring of 1973 we purchased our present home at 1106 North Second Street. It was a great decision and we have enjoyed every year of living here. Now we are preparing to downsize a bit and reduce items like snow blowing, grass mowing, gardening and periodic painting of the two buildings on the property. We have become aware of an increasing move to subdivide lots, create rental properties where single families have lived for generations and otherwise, in our opinion, alter the historic character of the North Hill Neighborhood. . In the 32 years we have lived here we have seen countless homes that have been re- habbed, restored, or improved. In fact the North Hill is a dHT..,.c.ut place, a better place and a good place because of all the owner improvements that have taken place. We hope this trend will continue. . Mr. Richard Moe, the president of the National Trust for Historic Preservation, and a long time friend of ours, makes a very persuasive case in a classic volume on Historic Preservation that historic preservation is good economic policy, good for neighborhoods, good for cultural values and a very positive way for families and neighborhoods to help preserve our heritage that all too often seems to in a perceived contest with "progress". We trust that the HPC, the Planning Commission, and the City Council will listen carefully to the concerns of the long time residents of the North Hill as well as the newcomers who want to live here, in part at least, because of the historic and welcoming atmosphere of this part of historic Stillwater. Thank. you for taking the time to hear resident's opinions. ~cerelY' ~~4~P~ 06 No. Second Street Stillwater, MN 55082 . . July 19,2005 Rex and Ann Martin 1112 N. 2nd Street Stillwater, MN 55082 Dear Mayor Kimble and Stillwater City Council Members: We purchased our present home in 1980 and in the course of the past 25 years we have invested much of our time and resources in restoring a house built in 1880. Our aim in restoration has been to respect the original architectural and aesthetic character of the house. In fact, a photograph of the upper fayade of our home was included in an article, "Ma.ke Stillwater Your New Home," published in the Star-Tribune insert for Summer, 2005, "Stillwater Style." . Why do we call your attention to these facts? t. Because we, like our neighbors, are increasingly aware of requests brought before the City Council to subdivide lots on the North Hill. In our view this is an encroachment on the historic character ofthis neighborhood, which the City Council should be dedicated to preserving. Permitting such subdivisions encourages real estate speculators to scalp available properties for short term investments that will yield quick profits without regard for the permanent consequences these subdivisions have on the long-time residents: less open space, more crowded yards, less long-term commitment to the very properties from which such speculators seek to profit, less of the traditional look and feel of the neighborhood and the larger community. 2. Along side of these requests to subdivide lots is another recent phenomenon: real estate investors snapping up any property that can be turned into a rental unit at minimum cost for maximum gain. In the block on which our home is located, one such investor has purchased two of these properties. By his own admission, he will simply take these properties as a tax write-off if he can't rent them, playa waiting game if need be, and re-sell them for a profit as their value increases in the housing market. Meanwhile.,.? There is nothing illegal about this, we know, but neither this practice nor that of subdividing lots contributes in any way to building a strong neighborhood and maintaining its historic character. Vv' e therefore ask that the City Council and the Planning Commission, together with the Heritage Preservation Commission, liste.p attentively to the views of long time residents on the North Hill who have a great deafstake in the decisions you will make about the future of our neighborhood. ^ . Thank you for listening to us. sinceref' R~';~~~ A~d~;;rtI;'~ /( -f?( :t :-~~ ~ 1112 N. 2nd Street, Stillwater, MN 55082 . VACATED JUNIPER STREET ,,(66) . . '" f061) I- W W If 062\ cr: 2.,~, ~~ to ~~~, '10(1) .0(2) .003) I l- n:: ~ ~ ''" .1..()3.0-20.41.0IQo;, . Location Map 1)1..()3Q.20.42-0001 .,~, / ,. .~,~{) ~"" 13 50 72.1 .104j ~ - " y' ..... CARLI~ -.00;.3) ~ ""'" .."~'; 0 ;z 10 .'0 'w ([) .,~, .0011) 2 .0101 .,,,ij EAST '" .Hl3G.20.<\J_01lJ '50 10 "047) z o o W ([) I l- n:: o z 60 I l- n:: o z 60 ~ ' ~"'" e '" ~ I' -~~~\:ENUE .006) 3 ' . I- "004) ([) ~ n:: u:: V AC STREET DOC 320481 & BK 10 MISC PG 68 ~ i002) AA ~' ~O ./'\~S BB -~ "055! ;;; ec .056) "096) 25 .093) 4 .095) 3 "0l14) EAST SYCAMORE ST 6 "063) .--,__--.lli!!-. .07BJ 5 "082) 2 ~OJ9j "-":'~"-r-~'" "06t) I ,.oao) ! ST CROIX I~ , , I ~ EAST STILLWATER ''" ,"0 "024) .015) 1(025) --- .016) .o~4 2 r17) I l- n:: .021) .019) 0 Z 4 ;, .. "020) "Ot6) 60 WILKINS '''0\19) 1~098) .043.) .034) t~042) 9 ..OU) .041) ,,037) ~010) f' BK Mise PG 48 VAC STREE 19887 I 7 tr "OS1l) 0 8 8]' Clt z 8 .(59) . 60 6 .091) I- @o lH n:: I- ([) 28 tj042) J -=, 'S ~DITIC I- ([) n:: u:: "p i I I ;, "037) 1 .026) ,,(132.) 15 .031) ..030) STREET .097) .~2) "OJ!) 8 "030) tf0'l.7} 2 .028) 3 .02<0\ ..<l3O.; 3 "00' R22W R21 W R20W 150 .01.\4) "065) ,,066) Vicinity Map ., .,=, o 181 Scale in Feet Sou,ce;l/'IashinglonCounlySu,vayo,'sOtli"" Phona 1651) 430-6875 ~0261 ~J . . . ..L ~ ~ '\~!ate'~ r ) Y ,~ @ ~ .::;;..-- --=:: ~ --- -\ ~ THE BIRTHPLACE OF MINNESOTA J NOTICE OF PUBLIC HEARING SUBDIVISION AND VARIANCE Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, October 4, 2005, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street, to consider a request from Jeff and Heather Swanson for a request for a subdivision of one lot of 14,982 square feet into two lots of 7,491 square feet each and a variance to the lot size regulations (7,500 square feet required) in the RB, Duplex Residential District at 203 St Croix Avenue (continued from the August 8, 2005 meeting). Case No. SUBjVj05-41. All persons wishing to be heard with reference to this request will be heard at this meeting. Steve Russell Community Development Director Publish: September 23, 2005 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 September 27, 2005 Variance to the Lot Size Requirements for Two Lot Subdivision (Case No. SUB/V/05-54) Background. The Planning Commission heard the request at their meeting of September 12, 2005. The request is to subdivide a 22,500 square foot lot into two lots of 10,000 square feet and 3,700 square feet developable (the subdivision/zoning ordinance does not count lands in slopes greater than 25% as lot land area). Although the proposed lot has frontage on 5th Street, the slope of the land is to steep to provide access to that street. Access to the site is proposed over lot "A" as shown on Map 1. At the meeting, neighbors expressed concern for the subdivision lot size and steeply sloped condition of the lot (minutes attached). The Planning Commission felt steeply sloped areas should be protected and that the developable lot size of the zoning ordinance and subdivision ordinance was not met. They recommended denial 4-2. Recommendation: Decision on subdivision request. Attachments: Application, plan, Planing Commission staff report and minutes of September 12, 2005. . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/V /05-54 Planning Commission Date: September 12, 2005 Project Location: 1913 North Fifth Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicants Name: Scott Junker Type of Application: Subdivision and Variance Project Description: Request to subdivide a 22,500 square foot lot (gross land area) into two lots of 10,000 square feet and 3,700 square feet of developable land. Discussion: This request is to subdivide a 22,500 square foot lot into two lots. The 22,500 square foot lot currently has an existing residence located on it. The portion of the lot that is being proposed to be subdivided is steeply sloped and does not have access to an improved public road. The gross area of the proposed "new" Lot "s" is 12,500 square feet; of that area it is estimated from the submitted plan that 9,000 square feet or 75% of the land area is in slopes greater than 24% leaving 3,000 square feet of developable land. Developable land area of 10,000 square feet is required to have sufficient land area to meet the 10,00 square foot requirement of the RA, Single Family Residential Zoning District. The new lot would not have access to an improved public right of way. The North Fourth Street right 0 f way is not improved because of steep slopes. To get access to the new lot, a driveway easement is proposed along the north side of the Lot "A" the lot with the existing house. In conclusion, the proposal does not meet the developable lot size requirement (10,000 square feet) of the RA District and access from a frontage on an unimproved public road is not available or provided. Recommendation: Denial Finding: The proposal is not consistent with lot size requirements of the zoning ordinance. Attachments: Application and plans. CPC Action on 9/12/05: Denied 4-2 . . and critical environmental characteristics. The conservation regulations have been developed in general accord with the policies and principles of the comprehensive plan as specified in the Middle River and Brown's Creek watershed management plans and the blufflandJshoreland regulations and adopted area or specific plans. It is furthermore intended that the conservation regulations accom- plish the following purposes: (1) Minimize cut, fill, earth moving, grading operations and other such manmade ef- fects on the natural terrain; (2) Minimiie water runoff and soil erosion caused by human modifications to the natural terrain; (3) Minimize fire hazard and risks associated with landslides and unstable slopes by regulating development in areas of steep slopes and potential landslide areas; (4) Preserve riparian areas and other natural habitat by controlling development near the edge of ponds, 'streams and rivers; (5) Encourage developments which use the desirable, existing features of land such as natural vegetation, climatic character- istics, viewsheds, possible geologic and archaeological features and other fea- tures which preserve a land's identity; and (6) Maintain and improve to the extent fea- sible existing water quality by regulating the quantity and quality of runoff enter- ing local watercourses. Subd. 2, General provisions. (1) Applicability. The conservation regula- tions apply to every zoning district within the city. When in conflict with the other city regulations, the conservation regula- tions will apply. (2) Relationship to minor land division and subdivisions. To the greatest extent feasi- ble, no minor land division or subdivision may create lots which would necessitate exceptions to this section. Where a divi- sion of land would require an exception to this section, precise building envelopes . Supp. No.7 CD31:127 Zor1I,11 O~ I CIJFl5A(?-A/f/vh~ /L(~~ ZONING (f s 31-5 ~. must be specified on parcel and tentative maps so that maximum feasible conform- ance with this section can be attained. (3) Slope regulations. a. Applicability and purpose. The fol- lowing regulations are enacted to minimize the risks associated with project development in areas charac- terized by vegetation and steep or unstable slopes. These areas include ravines, blufflands and shorelands. A further purpose is to avoid the visual impact of height, bulk and mass normally associated with build- ing on any steep slope. For the pur- pose of these regulations, steep slopes are defined as slopes of greater than 24 percent as measured over a dis- tance of 50 feet measured horizon- tally. 1. Building permit applications for new structures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain con- tours of two-foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. 2. Slopes 25 percent or greater may not be considered in meet- ing the lot area size require- r. P::::r:ith a ~ortion the area in slopes of 25 percent r greater require the minimu lot area of the applicable zon ing district in slopes of less than 25 percent. The area in slopes of less than 25 percen must be contiguous to the pr posed building site. 4. 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(/ii 'f7. ~ ~~ , " -i- .J -.----- ~;.~I~/t;s--~-r /' ,.. / . ............./............. t-.......O.. ............' ?LV./ 'IJ (j 6(:.;9W ~-r~"/ I TI~ , TIlN DlN T31N L 'YOUARE nON \ nON T29N T29N R12W R11W RlOW Vicinity Map ../ 1 O' //--'''~ _u_ __~ -- .....~- .......... ..-......~_............../....-.... ..' "" -.-.-.... .,.,.. ,~-- ,." ..-.---"- .,' -'-- ,- /,- ," ....-.. ..-.-' " -' . '<:.:.' .'. / ..' .' ...// This drawirl(j ;.s lhllfaSlJlt or" comp;ra~iOll ilfldreprtlouctiono!lendr&cordS8slhey awearlnV8llOUSWashinQ:lonCQunlyoffices ThtocJrawln(lshouldbous.adforrafaror= PUlJlOS'l5onlyWasi1in(ltonCounlYisnol Nspon<;iblell'lranyimlcC\Jl'!lcies SourceW!lshingl"onCourrtySurveyor's Office Phone (1l51j430-ll675 PLANNING ADMINISTRJ Case No: 5lJeJ.v./X--ffI Date Filed: --.If ~~~~ Fee Paid: .q otU:J Receipt No.: /$06LJ I I ACTION REQUESTED ~ON APPLICATION FORM · COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 .."'" Special/Conditional Use Permit ~ / Variance v Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit De,velopment * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the .required building permits. PROPERTY IDENTIFICATION Address of Project \l:~ \3 ~\ flJr 4. . Assessor's Parcel No,..,? / a5QoZa:24t?O /3 o fJ. ~ .' ) . (G.fO Code) Zoning District f'{ \ Description of Project g \k6 (')\ \) \ \ un " lCf- {\)QWV\ll\1\!).J..-._ ~~\~ ') L, ,,~~n\l Gt \ <\~/ \ - ~tJ I \)W ~\ \ \, J L,I)O <;J)~_ "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner ~~ ~i\~~(L Mailing Address r('I f~v~ ~ City - State - Zip J. t\- ~, [\'I/<j(;(ff) Telephone No() ~L I A q 1,3 - 7Lja.. ~ Signature ~ IVU ^ Signature (Signa:JiS r~Uired) (Signature is required) SITE AND PROJECT DESCRIPTION ~Lot Size (dimensions) ." x:J1JJ2 and Area eight of Buildings: Stories Principal Q. Accessory Feet ~u1J<) H: \mcna mara \shei I a \PLANAPP. FRM April 20, 2005 Representative Mailing Address City - State - Zip Telephone No. Total Building floor area .1~ wJ square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces Q%3 --7Y?-~ 6 5 I . ~ 0 0 .1""0 w. 4, p.o. Box 727 . Stillwater, MN 55082 ~ . . G\ "" ~ "'''0' Cv'<Y' '" - . / . ) \)~{L,\ ~Y\\..L \u C;~6 OQN\O~ . / ly ~'-~Ob .. U- La~.e~ ~ WI \'2, -Nn -S~ S". ~ t _ '1- ~~ \0,000 <~ \t. ~~ U niL\>> ~~t- t"t'f\<, . ~ o<;\oq",~. ~~S\J--~. 0'<\ \~ .~~ ~ \- ~L\ Yb. 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'0<;,'0 .. { ~L,'$2v' ...... :r~ ,,'f.~&,.. J (J..O '0 .... .' &96 ~slo - 'S,11e.o <"; F- ~ 'Zt( , 16 Y J If ~()() )v .- 1...)1 '""LV .--v ^ I' ~; Jo(,., l \. {DO' );J } i I :' G . aJ:Jf -L-II .4r..Mi7�r.a.w.r..t •n ;r. k =no s�oea.��qun o°oiihs�el�as --» — r��{' �a,.»e�,a�e,m�a=„w„� —• .fM1 r. 'FI�..;irf f' •—! ;aaj ui aleog L9 0 dew ALMPA NLZ,L NLZ,I, N6A N'GZL NOLL ,CUEL N�tl rs, rJ. NCO, MGIL NIIL21 A11 �Z �►'. •*,. ' : 2' �: -�'F� -. Alt'"� +� „ �. ^•mil � 'Y t.. � •C* y • 5 { �l, Cv dew uol}eoo� •1L4F � . . . City of Stillwater Planning Commission September 12, 2005 Mr. Junker, seconded by Mr. Carlsen, moved approval as conditioned; motion passed unanimously. Case No. SUB/V/05-54 A subdivision of a 22,500 square foot lot into two lots (Lot A, 10,000 square feet with an existing residence; Lot B, 3,700 square feet developable with a variance to the developable lot area of 10,000 square feet required) for construction of a residence with shared driveway access from North Fifth Street at 1913 N. Fifth St. in the RA, Single Family Residential District. Scott Junker, applicant. Scott Junker and Yale Norwich were present. Mr. Norwich questioned the figuring of the amount of developable land for lot B. Mr. Russell explained that steep slopes do not count for the net developable land. Mr. Norwich said the slopes will be mitigated with retaining walls. He said the lot is nearly 13,00 square feet, a small portion of which will be occupies by the new house. He suggested the proposal would be an enhancement to the city. Mr. Gag opened the case to public comment. Brad Wheeler, 1902 N. Fourth St., said the slope was too steep and the proposed houses too close together. He suggested this was one more attempt to get two houses jammed in on the lot. Marilyn Meier, 405 W. Hazel, said she was also speaking on behalf of the Paukerts, 303 W. Hazel. She referred to the steep ravines in the area and the environmental sensitivity of the ravines. Part of the charm of the neighborhood is the aesthetics, which she said can be maintained as long as the Planning Commission and City Council are careful with the density and environmental sensitivity for the slopes. She said development needs to be carefully controlled. The hearing was closed and returned to the Commission. Commission Member David Junker said with proper landscaping the house would fit nicely with the neighborhood. He noted there was a slope issue with a property on North Broadway, which the Commission approved because the house was designed to accommodate the slope. Mr. Russell pointed out that the property on Broadway was a lot of record, not creating a new lot. Mr. Dahlquist said he looked at the property and saw no reason to vary from the ordinance. Mr. Turnquist agreed there was no hardship involved in granting the request. Mr. Peroceschi said he had no problem with the proposal. Mr. Dahlquist, seconded by Mr. Turnquist, moved to deny the subdivision and variance. Motion to deny passed 4-2, with David Junker and Mr. Peroceschi voting against denial. Case No. SUB/05-55 A resubdivision of Lot 2, Block 1 Cochrane's Long Lake Addition into two lots (Parcel A, a new lot, 22,405 square feet, and Parcel B with existing house of 46,972 square 4 . . . <( S ...J ...J i= Cf) STILLWATER TOWNSHIP CITY OF STILLWATER 21125 ~~Etn 311.16 UTILITY 2 lfOO" 1 oF" . .~ 4 oF" 480 FT N OF THE S LINE OF THE NW 114 r:111 4I"~' \~ ~ ~t'l ,-',...' Of<AINAGE, UTILITY AND ROADWAY ESMT PER DOC 3487892 I- (fJ ~'5i *,,'91 I l- LL u: DjUF;~ 1 I H ADDI ~O \oJ 433) '2; Z ~ . - r171 *(29) 3 tf'ln) 20 FT WlDE. STREET & S,QRM WAlER EASEMENT PER DOC 3474671 "ME-NT PER DOC NO 343130 Location Map ~ "'- ,1r1A""- LL o 5 EA:::::;~:~:;~:~:$~ 4 / 1/ Il'\ ~.. ~ If (33 FT EACH SIDE OF Cl BROWN'S eRE;::;) " 0 DEDICATED WALDER ST ~ 60 --T 50 I ! ~!llll 5 ~ --+- 0- cr 0- w cr 0- W a 0- 57 I- w .... (() ~ U) () R21W R21W R20W I 0 0 :r a:: Ul I a .... I- w Ul Z '" Ii; , :;: PER1991P~010 \ ".1REE1C1L \0 Vicinity Map '0 \" ~ 6 ~3EI tf0311 (fJ _ _ 0 5 4) 41"'" ! ~J51 ~ N 4 3 ~ ~ -, .33) ~ U 0 I- .0 - W W ~n OC I- DOC T2577 4 (() CENT~~!Jb'E..Qf_f~J./R_RR-_ & ApPARENT GAp ~ J' if if Wm) I I- a:: :J : ~ ,~, ~ -7"'[ ,__ " 4 " 60 ~ . I o- W f- 0( U ;:; --"'--- m ~ ~ w f- U o o o WEST ~ POPLAR STREET ~ m N W " '" "- vi o w w o ~ N N N VACATED BALSAM STREET R2IW R20W Rl9W T32N Jnm o 192 Scale in Feet Thi.drawinlli'(hPrest,J1I oracom~Ua!;on andraproducliono(landf9<:orUall$llIey appallflnvarlou.Wa.t>lnglonC<lunlyoWcn Thad",wjnllShould ne usad for r"raran"", PIl"",sesonly_ Washi"glon C<lunly I. ""I rmponsibl.roranylnaccuraci... Source:Wast>in!llonC<>unlySurvayor'sOflice Ptwne (6511 4Jo...6875 Parcel dala b3Sad on AS4OQinrormallon c"rrenllhrough:Juna30,2005 Mapprinloo AugvsI26,2005 . . . rJ; ~ .w, ter ~ .:::::;...--- --=::::: ~ ~ --- -'\ THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING SUBDIVISION AND VARIANCE Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, October 4, 2005, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street, to consider a request from Scott Junker for a subdivision of a 22,500 square foot lot into two lots; Lot A - 10,000 square feet with an existing residence and Lot B - 3,700 square feet developable with a variance to the developable lot area (10,000 square feet required) for the construction of a residence with shared driveway access from North Fifth Street located at 1913 North Fifth Street in the RA, Single Family Residential District. Case No. SUB/V/05-54. All persons wishing to be heard with reference to this request will be heard at this meeting. Steve Russell Community Development Director Publish: September 23, 2005 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 September 27, 2005 Request to Subdivide a 67,830 Square Foot Lot Zoned Lakeshore Residential, LR, into Two lots of 46,972 and 20,858 Square Feet (20,000 square feet required). Case No. SUB/OS-55 Background. The Planning Commission heard the request at their meeting of September 12, 2005. After the Planning Commission staff report was prepared, the application submitted a second subdivision map that does not show the house location but does more clearly show the required shore land and wetland setbacks on the new lot (attached) . The 20,000 square foot developable lot size requirement is met for both lots with the reduction of the wetlands and lands below the ordinary high water mark. The Planning Commission recommended approval of the subdivision as consistent with Lakeshore Residential zoning requirements, lake and wetland protection regulations and the Comprehensive Plan. Recommendation. Decision on subdivision request. Attachments. Application, preliminary plat, Planning Commission staff report and minutes. . . . PLANNING APPLICATION REVIEW FORM CASE NO. SUB/OS-55 Planning Commission Date: September 12, 2005 Project Location: 7160 Mid Oaks Avenue Comprehensive Plan District: Lakeshore Residential Zoning District: LR Applicants Name: Richard and Leah Peterson Type of Application: Subdivision Project Description: Request to subdivide a 67,830 square foot (Net) Lot 2, Blk 1 Cochrane's Long Lake Addition, 7160 Mid Oaks Avenue into two lots of 46,972 and 20,858 square feet each. Discussion: This site was zoned Lakeshore Residential last year. The zoning requires 20,000 square feet per lots. The proposal meets the lot size requirements. A wetland (1,547 square feet) has been delineated on Parcel "A". Required setbacks for Parcel "A" are 85 feet from Long Lake ordinary high watermark (891.4') and 50 feet from wetland. The building location will have to be moved to meet the required setbacks. The site plan shows a shared driveway for both lots off of Mid Oaks to reduce the impact on the woodland and to Mid Oaks driveways. Recommendation: Approval Conditions of Approval: 1. A grading, drainage erosion control plan shall be approved by the City Engineer and erosion control measures installed before site grading. 2. Trees in proximity to grading areas shall be protected as required by City Forester. 3. An easement shall be prepared and recorded with subdivision recording providing for a shared driveway access to Lots A and B with shared maintenance (this easement shall be reviewed and approved by the City Attorney). 4. The new residence shall connect to city sanitary sewer and water services in Mid Oaks. 5. Required development impact and park dedication fees shall be paid before plat recording. Attachments: Application and plans. CPC Action on 9/12/05: +6-0 Approval PLANNING ADMINISTRATION APPLICATION FORM Ca$eNo: ${)Blos~ Pate Filed: (fldfR/ ~C Fee Paid: $17M Receipt No.: J2./')~q , . COMMUNITY DEVELOPMENT DEPARTMENT aTY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED SpeciallConditional Use Permit Variance X Resubdivision Sub divi sion* Comprehensive Plan Amendment* 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., photns, s;.,,~..,hes, etc.) submitted with application becomes the property of the City of StIHwater. Sixteen (16) copies of supporting material Is required. If application is sub11itt.ed to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete appheatlon or supporting 1~"Crial will delay the application process. PROPERTY IDENTIFICATION Address of Project 7 I G 0 01, P C) A- /-o!,S A- tI 6 Assessor's Parcel No. S (9. 0.5 c:>. ~ o. 43. 0 003 (GEO CcxIe) Zoning District L R Description of Project S, i>Vt P L r::- L.or R ~.s () 13 D / tJ IS 1,0 ':--1 . "I hereby state the foregoing statements and all data, Info",IGJon and evidence submitted herewith in all respects, to the best of 1TP/ knOlNledge and belief, to be true and correct. I further certify I will COfTfJ/Y with the permit If it Is granted and used." Rlo.HAt<-.J> It. Pr7T'E:R..>f)J{ Property Owner L (3 ~ rl .5, f1J ~ r E" 11< ..J' t> N Representative S' {;; c.... F Mailing Address 71' 0 m (0 OAKS A.v C Mailing Address .S '7 ~ c Oty - State.. Zip37" (.. L. (.,V A 7' ~ fi- 111 N ~--_r'o <62 City - State" Zip Telephone No. 'S / - L/ '3 '1- :(' I C 'il Telephone No. . I SlgnatJJre 12-1 tI ' 12/;>-- =-.. S41nature U~ II f2 ~- --- U~~ / (Signature is required) I re ~ to tt 1Z I I SITE AND PROJECT DESCRIPTION 5Yf s 7'"' 1" b Lot Size (dimensions) ?fXJ xyo 0 'f.. gv 0 t' Total Building floor area 3'/1)"00 square feet Land Area f I 5"', 9 S 7 s ~ .r:=:1. Existing ::5; % 0 0 square feet Height of Buildings: Stories Feet Proposed /VcfPecr1Jf?.D square feet Principal ::L+vJA4<"Vr 3'0 Paved ImperviousArea~O() squarefeet:L Accessory No. of off-street parking spaces 4 t- ~ (~, 6 Jr-/l.A.~ C . . . . Richard & Leah Peterson 7160 Mid Oaks Avenue Stillwater MN 55082 August 26, 2005 Planning Commission City of Stillwater 216 North 4th Street Stillwater MN 55082 Re: Application for Resubdivision 7160 Mid Oaks Avenue Members of the Planning Commission: We are applying for approval of a resubdivision of our residential property to create an additional lot about one-half acre in size for the future construction of a new residence. We have not made final decisions for a new residence and are not applying for any approvals for a with respect to a new residence at this time. The proposed pad shown on the survey is for general information to show the possible location and size of a new residence. We plan to sell the existing residence on the remainder of the property. We believe that an additional lot and residence will not adversely impact this large lot neighborhood because of the lot size, distances between the properties, the terrain, and the wooded nature of the lots. We plan to retain most of the large trees, and we propose using a shared driveway easement for the new lot in order to preserve the existing large trees shielding the building site from the road. Thank you for your consideration. Sin rel~ YO;r /JJ . Peterso~ ~ .w"~' ~ .roT,' . ~').",\J #' STREET I<ERIM. PHOTO .".'" "'O"?,c Iy LONG LAKE ~ MINN ONR DlV OF WA TERS PROTECTED WATERS AREA 82-21 P " \-, ~ '" " .,m . ". . . '. , ."... .~... , <t'. oJ )NR DW OF WA fERS oUTtaTe . Location Map T32NI I DINJ R22W R21 W R20W Vicinity Map o 262 Scale in Feet 1111sd"'wln\lIGlh""'sulloIilcompllil[foll andrnprodu<:Il<>f\ollalldl'KonJs...lho>y app.arlf\variouGW...hllllllollCllunlyomc... Th..1iraw\f\1I Gh01Jldb& U.9d lor r.r.....nCII ~....tJniy,Washl""lonCounlylsnol IMpOn~b\9IOfanylnaccu...cl&ll SoUl,",," W...hml/lon CQunly SUIW)'lIr'. om~. PM""~S5\1<l3(\.V61S P..n:...lo:Ia(ail...~m>/l,S400mformalion Cl,jrnontlhroU9h'J\ll'III'3Cl.2005 Mllpprlnl9dc AulI'JO.l 26. 200s \-); \)~.vJ \~ 9:,~ \ \ \ \ \ \ \ /< ; , ;-: ,~, ~;, z0N,E6 AP OWN.Elt~ 0"\'10&/ HElDI !limNs n~1O ~A"'E.W.. ,', '-, i ~ S . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (.. VICINITY MAP ~,..,.lS ~~:;};~ ~ 51 "i 36 \ CliY OF- STILL W A TtR, MINNE::301 A /< " I ,/ , ,,- .-LQCAl1PNOiO / '!i)(iCR mD " :lAI'fTAY3fI<:V.t::E //\ ~c:ruCllON ..-" \DRA~S ZONED ItA \ \ \ :;..,. \ ~~~ \ OAKS AilE... N. 290.00 360.00 S8S"Sg:SO-"E 'O'M'JEll: O~L4. "" on"",," 1i30MID OAltSAVLN. ,.;, / / / " " , I , . PROPOSED BUILDING PAD AREA. SU&/ECT TO CHANGE. /' ",~IO '> ~ Con o t)I .1/ ~ EXISTING LEGAL DESCRIPTION: Lot'Two {2}, BIocIl. Onl! m, COCHAANE'S LONe LAKE, i1;ccordlng to the plat therRof 011 file ~d of ",cord In the office of the Relllmar ofTltlu In and. forWuhlngton County'. ""nI'IfI5OQ. PARCEL A /:.' PROPOSED LEGAL DESCRWTlON : ~, ~ That pm of LotTwo l2}. Block. One (1), COCHAANE'S LONe; lAKt., ilCCOrtJj~ to the p~ a.ereof on file md of record In the offiCII! ofthll Regl5tmof Trtl.s In and forWashlnQtOn "'untV. MlnM$Ot&~:a:s.~: Beginning at the ho~rty<<lmll!r of ~d \,ot 2. mUlCt! on an auumed ~ ofSOuth 31 ~ 24 mInutes 15 seconds .EastaJong the eutertY line: of said lot211dlstv\c~of 12S.00 feet; thence South 73 degrees 27 mlnutll!~ 24 ~econds West a dbtarM:e of 134.44 f~t; thence South 54 deg~ ()4 minutes 35 SItCOMS Wutl.-dISOUl\c't of 1 39.1 S feet; tI1enceSouth 86 dttgl'M5 08 minUh'SO 56~West..d~of 644.84 flet to the most wa.tllrly comer of sald lot 2: t~ North 19 ~ 54 minutes; 00 $lConds East ~ong the northerly Une of said Lat 2 .. distance of 602.40 flet; thence North 54 degrees 04 mintnt!:S 35 ~nd$ East along the northerly lin!!. of Hid LDt 2 a dlst&nce of 280.00 feet tQ the PClfNTQF 8EGINNlNG. PARCEL B <t. PROPOSED LEGAL DESCRIPTION : That part of (.Qt 1:Wo (21, ilock. O~ {l}, COCHRANE'S LONe; l.AlIJ::, according to the plat thereof on file and of record In the office ofthe Registnr of TItles in ~ for Washington CGuntf, "'i~ desaibed ~ follOW$. COMMENCING at t!l" nortr.~tefly comer of laid Lot 2, thence on ill! assumed bunng of South 3J degrees 2:4 minutes 2S seconds Ecstalong the easterly line of said Lot Z ..distanCe of 125.00 feet to the POINT OF BEGINNING; thence 5(luth 73 degrus 21 minutls 24 seconds West I. disUlltl! of 134.44 ~ th~ SoIlth 54 ul!grus 04 mmlltes 3S sl!Conds West I. distance of 139.15 feet; thence South 86 deg~ 08 minutes 56 SliIconds West a dlstarla of 644.84 (ft.t to the most Westerly comer of sald LOt 2; thence South B7 degrees 08 mlrlutes 33 seconds East along the $Outher1y IIl1e of ~d lot 2 I. di.stl.nce.ot $5"4.\3 f~ ~South 36 dl'9rt1U 5(1 minUblS SO s""onds Eut I.long the $Outherty line of said Lot 2 a diJotance of 360,00 ~ thtuKe North 24 degrus 09 minutes 1tl s'tt.onlb Ent ~ong the eanerly line of $lIid Lol2 a distance of40.00 feet; thence northerly T 18.17 feet a.long the "imarly Un. of said lot 2 being lI. tllngfmIal eUNe conave to mewen /la.ving a ra.dlu.$ of 121.86 feet and.a. central an"le of 5"S degreu 33 tTllllutu 35 seconds; thena North:n degrt.es 24 minutes 2S uconds West al()ng the usterly line said \.ot 2 .a. dista/lcif of 71 .23 fei!t to dle POINT OF BECINNING. <s. PROPOSED DRIVEWAY EASEMENT An ..l.St!m..nt 30.00 fut in width for IngfOl!Ss, egrlUs and driveway purposu over and accross lot Two a), 8(0d<.. One. (t), COCHAANE'S I..ONG lAKE, ilC(Qrding to the plat thereof on fj)e;;md of rl!Cord in the offICe of !.he Registrar of TItles In and for Washington County. M\nMWl& thll!. centel1ine of ~ easement is ~bed as fo/Jows: Beginning at the nottheasterty comer of said llJt 2, thll!.JI.C" on an auumed Oe.lring of SolJlh 31 degrees 24 minutes 25 seconds East along the QSterly line of said L.ot 2 a dJsta.nce of 134.04 ~ tn tM!'OlNT OF 6Ec;\NN\NG of me eent.rlJ"1' to ~ descrfbed; thence South 42 degrees 20 minuteS 26 seconds West.a. dls~ of 28. J 3 feet; thl'nce _mrly 52.54 f~t a.long .a. tlulge"t11.1 CUIVI! CDnGJVe tQ ml! {lonh mving a radius of 36.52 fel!t and;l centrod angJI! of 82 degrees 25 minutes 47 seconds; tto.'-l;K. Hurttl S5 ~rte:> 13 minutes U seconds West a dlstance of 30.00 fee! and said line theA! terminating.. (. DEVELOPMENT DATA: TOTAL AREA LOT 2 "'115,957 50. FT. ~!AJ.. ~~~?~ _P!,-_RCEL_ ~ _= ,~ij,?2~"5Q. FT._ I "'-o....,~ N /-..1.: '\...0' \, "., -<...~ c:::. . c::> J=" S"'LL.VV.A.-rER OWNERS (..RICHARD & LEAH PffiRSON' 7160 MID OAKS A.VE. No SIUWATER, MN 55082 PHONE: 651-439-5108 (.. COUNTY: VV-"'St-f I NCTC>N c::= <:::Jl1..J......... .. SEAl: (.,. lHfSTA-TE Of"INNfSOrA DOEStK1T ""11''''''''''- (.CERTIFICATlON: lhotrebyCltrtlfyrharthlJJQn_~ byrn~orund..rmydlr.easupel'\'WPrl,~ tholllarn:a.dl.iIVUr:ense1UN1~ under tt.1aw$ otfu... $(&leD( IoIINNESOT"- ~~ Datti.t:lL..lbutml!SIWi~Ho: 25718 Dil.tt:Z-Z\---05 <c- REVISIONS: "'IT """"" 2-21-<l$ OIUGlNAL WRVfY 8-2S-(lS Il.EVt'SeD ^ PROJECT LOCATION: 'v' 7-.Eie> MID OA.KS AVE.N. P.LD.#3003020430003 (.. ~ 511"""'00 ZOO E, o-~ut S\nIiet sti!hmel, MN 55082 Phone 651.275.8969 Fax 65t 275.8976 . . \ \ \ \ \ \ \ \\ \ \ \ \ \\ /I / \' ~ ---- I;, \ \ \ \ \ ......, r;-" OWNER: DAVID & HEIDI BURNS 719Q-MID O~AVE. N_ ZONED AP " '.' '-. '.' '.' '\ \"E: MOS' ~f;~E:1\..'1' COR~ Of .e01 ,~O" E N79 54 40---- ---- __---602. -- ~_ NOR1~R\.:-( uN€: \ ( of t-01 2 \) PARCEL A ZONED LR . ----554, f 3--.--- SB7.0B'35"E . /-' SYMBOLS: '-t-' MANHOLE CULVERT GAS METER FENCE CONCRffi DENOTES FOUND 1/2. IRON PIPE ~ TO rl-lE M051 -.:::r I.iIE:S1E:J21. Y CQRNE-12.....J Of LOr 2 ___ 644.84 --- ~ 586"OB'56"W ~ C) -.J CATCH BASIN' HYDRANT SIGN WATER VALVE UTllI'lY POLE LIGHT POlE TILE/ELEC BOX GAS VALVE OVERHEAD WIRES WELL / L_ (f' 'n ~ cr- CD '" " CD ~< ~ --; PARCEL B t, 290.00 360.00 < I). ZONED AP ~. / / / - , ( J... v y ) v '". I I I I I I / ! / / / I /;:- SURVEY NOTES: ~' THE ORIENTATION OF THIS BEARING SYSTEM IS BASED ON TIiE RECORDED PLAT OF CHOCHRANE'S LONG LAKE FIELDWORK WAS PEFORMED FEB. B'" 9, 2005 TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITIES DESprrr SNOW AND ICE CONDITIONS. SEWER INVERTS WERE TAKEN AS CLOSE TO THE BOTIOM OF THE STRUCTURE AS POSSIBLE THROUGH THE ICE AND SNOW BUILD UP. PIPE SIZES WERE TAKEN FROM C1'lY AS-BUILT PLANS WHERE EVER AVAIlABLE DUE TO THE DIFFICUL'lY SEEING THE INVERT SIZES. WETIAND DElINEATION PROVIDED BY THE OWNER. /.: BENCHMARKS: ~. .. ELEVATIONS BASED ON INFORMATION FROM THE em OF STILLWATER ENGINEERING DEPAAl'MENT. ~ PROPOSED BUILDING ELEVATIONS ~ ' MINIMUM LOWEST FLOOR ELEVAT10N -=- 89!i.S (. VICINITY MAP ~~V: - ----- .0.---" :::;11J'J -. > ~< i~ .H 0~ J I! ~/ fl / \ / / CIIY O~ SflLL WATeR, MINNfSOT A I L_ \ \ \ =~. \ ~~=l \ OAKS AVE. N. ~ ZONED RA ~ ~ CALL BEFORE YOU DIGI PROPOSED BUILDING PAD AREA. SUBJECT TO CHANGE. /0. EXISTING LEGAL DESCRIPTION: ~ .. Lot Two (2), Block One (1), COCHRANE'S lONG LAKE, according to the plat thereof on file and of record in the office of the Registrar of Titles. in and for Washington County, Minnesota. PARCEL A /0.. PROPOSED LEGAL DESCRIPTION: ~ .. That part of lot Two (2), Block One O}, COCHRANE'S LONG lAKE, according to the plat thereof on file a.nd of record in the office of the Registrar of Titles in and for Washington County, Minnesota described as follows: f ;I ! 1/ ~\ II 1\ j! 1 Beginning at the northeasterly comer of said Lot 2, thence on an assumed bearing of South 31 degrees 24 minutes 25 seconds East along the easterty line of said lot 2 a distance of 125.00 feet; thence South 73 degrees 27 minutes 24 seconds West a distance of 134.44 feet; thence South 54 degrees 04 minutes 35 seconds West a distance of 139.15 feet; thence South 86 degrees 08 minute!. 56 seconds We!.t a distance of 644.84 feet to the most westerly comer of said lot 2; thence North 79 degrees 54 minutes 00 seconds East along the northerly line of said Lot 2 a distance of 602.40 feet; thence North S4 degrees 04 minutes 35 seconds East along the northerly line of said Lot 2 a distance of 280.00 feet to the POINT OF BECINNING. ,/ ~ /111 [ ;/ ~ \(1 ~~'> C! 1'" I <w I '-. /. [:"3- 0 cJ ~ J;;~~Q , ;' I~~ !l' C> J OjolY It? . .> . ~ /~ !:i0~H~'!, __../ " -L / I _"_ '-'Z-- !f- \ /7 / (.fOUW 1/2" / '(;p';2 OPE-N. IRON _ \ y- __ / ~:iONLOr ( \ / (-, '_I \ / \ \ \ \ \ \ \ I I 1// 1/ y ! (I AQCH/f ~ I ~" OWNER' "\ / ;-::~. \\ I DUSTIN \ 7171 MID \. I OAKSAVE.N. \ ZONfD RA I flfi '\ I / ( " I / / I PARCEL B <0 PROPOSED.LEGAL DESCRIPTION: .. That part of Lot Two (2), Block One (1). COCHRANE'S lONG LAKE, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota described as follows: COMMENCING at the northeasterly corner of said Lot 2, thence on an assumed bearing of South 31 degrees 24 minutes 2S seconds East along the easterty line of said lot 2 a distance of 125.00 feet to the POINT OF BEGINNING; thence South 73 degrees 27 minutes 24 seconds West a distance of 134.44 feet; thence South 54 degrees 04 minutes 35 seconds West a distance of 139.15 feet; thence South 86 deg~s 08 minutes S6 seconds West a distance of 644.84 feet to the most westerly corner of said lot 2; thence SOuth 87 degrees DB minutes 33 seconds East along the southerly line of said lot 2 a distance of 554.13 feet; thence South 86 degrees 50 minutes SO seconds East along the southerly line of said Lot 2 a distance of 360.00 feet; thence North 24 degrees 09 minutes 10 seconds East along the easterly line of sa.id Lot 2 a distance of 40.00 feet; thence northerly 118.17 feet along the easterfy line of said lot 2 being a tangentiaJ curve concave to the west having a radius of 121.86 feet and a central angle of S5 degrees B minuteS 35 se<onds; thence Nonh 31 degrees 24 minutes 25 seconds West along the easterly line said lot 2 a distance of 71.23 feet to the POINT OF BEGINNING. <3. PROPOSED DRIVEWAY EASEMENT .. An easement 30.00 feet in width for ingress, egress and driveway purposes over and accross Lot Two (2). Block One (l), COCHRANE'S LONG lAKE, according to the plat tta:reof on file and of record in the offke of the Registrar of Titles in and for Washington County, Minnesota the centerline of said easement is described as follows; Beginning at the northeasterly corner of said Lot 2. thence on an assumed ~ring of South 31 degrees 24 minutes 25 seconds East along the easterly line of said Lot 2 a distance of 134.04 feet to the POINT Of BEGINNING of the centerline to b4! described; thence South 42 degrees 20 minuteS 26 seconds West a distance of 28.13 feet; thence westerlv 52.54 feet along a tangential curve concave to the north having a radius of 36.52 feet and a central angle of 82 degrees 25 minutes 47 "........J..; thenc:e ~orth 55 degrees 13 minutes 48 seconds West a di ee and saia line minating.. I . 2: .'C'I -+ '-6/(' t-v-A .z. Or'fY J .L ' '-""'T C 't.!'.U II l.{""z , TOTAL AREA LOT 2 = 115,957 SQ. FT. TOTAL AREA OF PARCEL A ~ 46,02B 50. FT. TOTAL AREA PARCEL A ABOVE LONG LAKE O.H.L. ~ 22,405 5Q. FT. TOTAL AREA OF WETLAND PARCel A " 1,547 SQ. FT. TOTAL AREA OF PARCEL B =69,929 SQ. FT. TOTAL AREA PARCEL B ABOVE LONG LAKE O.H.L. = 46,972 50. FT. Gopher State One Call TWIN CITY AREA; 651-454-0002 TOll FREE; 1-800-252-1166 o 30 60 1r\...J ~ NORTII c:::: . -.-........... c::::> F S-rl LLVV...o..-rER. OWNERS <3 ' RICHARD & LEAH PETERSON 7160 MID OAKS AVE. N. SILLWATER, MN 55082 PHONE: 651-439-5108 ----' <3 COUNTY: \NA.SH I NC,ON c:::: c::::> LJ ........-.-........... /-,SEAL: '-t- THE STATE OF MINNESOTA DOES NOT REQUIRE A SEAL /.: CERTIFICATION: ~, I hereby certify that this plan was prepared by me, or under my direa supervision, and that I am a duly licensed Land Surwyor under the laws of the state of MINNESOTA. ........-, / W ~. --- Daniel L. Thurmes Regis ratiOn No; 25718 Date:!-=21-0S /-' REVISIONS: ~, DATE REVISION 2-21-05 ORIQNAlSURVEY 8-25-05 REVISED 9-10-05 REVISED <s: PROJECT LOCATION: "7 -. 60 MID OAKS AVE.N. P.I.D.#3003020430003 <3 5~ Suite #8100 200 E. Chestnut Street Stillwater, MN S5082 Phone 651.275.8969 Fax 651.275.8976 dft-csls@ mdeodusa .net s-=- -+ CORNERSTONE LAND SURVEYING. INC <3 FilE NAME 5URVZZ82 ZZoo;Ol2 PROJECT NO. MINOR LOT SUBDIVISION ......J . I I I -- ! I . / .''',' 1'1-",0 ,# STREET PHOrO .". ~o O'l'fy ! LONG LAKE ~ MINN DNR ow OF WA rEPS PROTECTED WATERS AREA 82-21 P " ."" ,\-, i.. ~"""" ~~o POND MINN ONR D/V OF WA fE, ,PROTECTED WETLANDARI '~"'J " .""" , ", , $"'" , .'"''' ,,' " it"''', )NR o/v OF WA rERS Location Map L ,o~'" Il , , ,<fl'" R21W R20W Rli)W n2N DIN R21W R1JW R20W Vicinity Map o 262 Scale in Feet " i!'''''' ~~s ~~.::g~~~~~r':'a:1 ~~~~~m~II~IiOl\ ~~~":~:~~~~~I~::I\~~~~~~f~I~~f~CBS ~uS:~~b~rt :::;~~~~~~";ac~:"IY is not ~:~:(~;~~~.~;7';"\m\) S\m9ynts Oll\ca ~~I~~~~ga~91u~~ ~~,4~i;fO""~Ik>n Mappnnl9d, Auq"sI26.2005 . . . 1 ~ " "\;\/ate'~ r ) . y ,~ @ ~ . .::;;;..-- ----=: ~ ~ -- -, THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING SUBDIVISION Notice is hereby given that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, October 4, 2005, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street, to consider a request from Richard and Leah Peterson for a resubdivision of Lot 2, Blk1 Cochrane's Long Lake Addition into two lots Parcel A - 22,405 square feet (new lot) and Parcel B - 46,972 square feet (existing house) located at 7160 Mid Oaks Avenue in the LR, Lakeshore Residential District. Case No. SUBj05- 55. All persons wishing to be heard with reference to this request will be heard at this meeting. Steve Russell Community Development Director Publish: September 23, 2005 CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . . . City of Stillwater Planning Commission September 12, 2005 Mr. Junker, seconded by Mr. Carlsen, moved approval as conditioned; motion passed unanimously. Case No. SUB/V/05-54 A subdivision of a 22,500 square foot lot into two lots (Lot A, 10,000 square feet with an existing residence; Lot B, 3,700 square feet developable with a variance to the developable lot area of 10,000 square feet required) for construction of a residence with shared driveway access from North Fifth Street at 1913 N. Fifth St. in the RA, Single Family Residential District. Scott Junker, applicant. Scott Junker and Yale Norwich were present. Mr. Norwich questioned the figuring of the amount of developable land for lot B. Mr. Russell explained that steep slopes do not count for the net developable land. Mr. Norwich said the slopes will be mitigated with retaining walls. He said the lot is nearly 13,00 square feet, a small portion of which will be occupies by the new house. He suggested the proposal would be an enhancement to the city. Mr. Gag opened the case to public comment. Brad Wheeler, 1902 N. Fourth St., said the slope was too steep and the proposed houses too close together. He suggested this was one more attempt to get two houses jammed in on the lot. Marilyn Meier, 405 W. Hazel, said she was also speaking on behalf of the Paukerts, 303 W. Hazel. She referred to the steep ravines in the area and the environmental sensitivity of the ravines. Part of the charm of the neighborhood is the aesthetics, which she said can be maintained as long as the Planning Commission and City Council are careful with the density and environmental sensitivity for the slopes. She said development needs to be carefully controlled. The hearing was closed and returned to the Commission. Commission Member David Junker said with proper landscaping the house would fit nicely with the neighborhood. He noted there was a slope issue with a property on North Broadway, which the Commission approved because the house was designed to accommodate the slope. Mr. Russell pointed out that the property on Broadway was a lot of record, not creating a new lot. Mr. Dahlquist said he looked at the property and saw no reason to vary from the ordinance. Mr. Turnquist agreed there was no hardship involved in granting the request. Mr. Peroceschi said he had no problem with the proposal. Mr. Dahlquist, seconded by Mr. Turnquist, moved to deny the subdivision and variance. Motion to deny passed 4-2, with David Junker and Mr. Peroceschi voting against denial. Case No. SUB/05-55 A resubdivision of Lot 2, Block 1 Cochrane's Long Lake Addition into two lots (Parcel A, a new lot, 22,405 square feet, and Parcel B with existing house of 46,972 square 4 . . . City of Stillwater Planning Commission September 12, 2005 feet) at 7160 Mid Oaks Ave. In the LR, Lakeshore Residential District. Richard and Leah Peterson, applicants. The Petersons were present. Mr. Peterson noted that a year ago, they requested a rezoning of their property to conform with the Comprehensive Plan, now they are asking for the subdivision. He said the subdivision will have little impact on the neighborhood or what is visible to adjourning properties. He said they had talked with all the adjacent neighbors, none of whom were opposed to their plan. Mr. Junker asked about the proposed shared driveway. Mrs. Peterson explained that is proposed to preserve a large oak tree and maintain screening from the road. Susan Dustin, 7171 Mid Oaks, spoke in favor of the request. She said the proposal would not have visual impact on the neighborhood, and there would be no big impact on traffic. Mr. Junker, seconded by Mr. Peroceschi, moved approval as conditioned. Mr. Carlsen asked about the condition regarding park dedication fee; Mr. Russell explained this is considered a subdivision and therefore subject to a park dedication fee. Motion to approve passed unanimously. Infill desi!ID review uodate There was a brief update on the infill design committee. Mr. Peroceschi said the committee is still in the discussion mode, Mr. Gag said the committee is debating whether this is an issue of public awarenessleducation or whether new infill housing plans should come before a body to be scrutinized prior to approval Mr. Junker, seconded by Mr. Turnquist, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary 5 ~ . . CITY OF STILL \V A TER ORDINANCE NO. AN ORDINANCE TO ESTABLISH PARK AND TRAIL DEDIC\ TION REQUIREMENTS The City Council of City of Stillwater does ordain: 1. AUTHORITY: The state of Minnesota has enacted Minnesota Statutes 462.358, subdivision 2(b) which gives authority to the Cities to require that a reasonable portion of any proposed subdivision be dedicated to the public, or preserved for public use as parks, playgrounds, trails or open space. The City of Stillwater has, by this ordinance, chosen to exercise this authority in establishing minimum requirements for meeting this public need. 2. PURPOSE: The City Council recognizes that preservation of land for park, playground, trails, and public open space purposes as it relates to the use and development of land is essential to maintaining a healthful, safe and desirable environment. The City must not only provide these necessary facilities for citizens of today, but also for the future needs of the City as described in the Comprehensive Plan. It is recognized by the City Council that the demand for park, playground, trails and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any area. Urban development means greater numbers of people and higher demands for park, playground, trails and public open space. 11 is the policy of Stillwater that the following guidelines for the dedication of land for park, playground and public open space purposes (or cash contributions in lieu of dedication) in . the subdividing and developing of land are appropriate. ~ 3. RESIDENTIAL PARK LAND DEDICATION: . The amount of land to be dedicated is based on the net developable land area of the proposed subdivision, proposed type of dwelling unit and density. The 2000 census data for households includes 2.8 persons per household. The formula for land dedication: The greater of 1) proposed units per acre or 2) zoned density. Dwelling Unit Density Land to be Dedicated 0-1.9 units per acre 10% 2.0 -3.5 units per acre 11% 3.6 -5.9 units per acre 12% 6-10 units per acre 13% 10+ units per acre Additional .5% for each unit over 10 . Commercial 7.5% of net land area 4. RESIDENTIAL TRAIL REQUIREMENTS: Residential subdivider shall pay a fee of $500 per residential dwelling unit for trails. This payment is required whether or not the subdivider is required to construct trails. 5. GUIDELINES FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES: A. Land proposed to be dedicated for public purposes must meet the needs of the City as described in the Stillwater Comprehensive Plan. B. Prior to dedication, the subdivider must deliver to the City Attorney, an abstract of title or registered property abstract evidencing good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The . conveyance documents must be in a form acceptable to the City Attorney. - 2 - . . . The required dedication or payment of fees-in-lieu of land dedication must be made before final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of c. construction debris or stockpiling of surplus soil on dedicated land is strictly forbidden without the prior written review by the Parks and Recreation Commission and approval of the Community Development Director. E. Grading and utility plans, which may effect or impact the proposed park dedication, must be reviewed and approved by the Community Development Director and Parks and Recreation Commission prior to dedication. F. To be eligible for park dedication credit, land dedication is to be located outside of drainways, flood plains or ponding areas after the site has been developed. Grades exceeding 12 percent or that are unsuitable for park development may be considered for partial dedication. Where subdividers and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, or ball fields, within the development for the benefit of those residing or working therein, and where, in the judgment of the Parks and Recreation Commission, the amenities significantly reduce the demands for public recreational facilities to serve the development, the Community Development Director may recommend to the Parks and Recreation Commission that the amount of land to be dedicated for park, playground and public open space (or cash contribution in lieu of dedication) be reduced by an amount not to exceed 50 percent of the amount calculated under paragraph 2 G. above. - 3 - H. The City, upon reVIew, may determine that the developer must create and . maintain some form of on-site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. 6. CASH PAYMENT IN LIEU OF DEDICATION, RESIDENTIAL: If, at the option of the City upon review and recommendation of the Parks and Recreation Commission, it is determined that a cash payment in lieu of land dedication shall be made, the cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The in lieu park fee shall be based on the following guidelines: Single Family Residentiall Commercial Condominium Lot $2,000 per unit Duplexes $1,500 per unit . Townhomes $1,500 per unit Multifamily $1,500 per unit 7. COMBINATION LAND AND CASH DEDICATION: The City may require the subdivider or developer to make a combination cash and land dedication pursuant to the following formula: A. The amount of land which could be required in accordance with Section 3 shall be calculated. B. From the total calculated in subparagraph (A) above, the actual amount of land the city determines to be needed to fulfill the purposes of this Subd. 6 shall be subtracted. . - 4 - f . c. The balance arrived at in subparagraph (B) above, shall be converted into a cash contribution in lieu of land dedication pursuant to a standard fOffilula established by the city, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development and the percentage of the total park dedication obligation represented by the said balance. 8. INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS: Subdividers and developers of commerciallindustrial land, including commercial/industrial portions of Planned Developments, shall be required at the time the site plan is approved and building pennits are issued to dedicate to the City for park, playground and public open space purposes, 7.5 percent of the net land area within the development as . determined by the City according to the guidelines set forth in Section 3 of this policy. 9. CASH PAYMENT IN LIEU OF DEDICATION, COMMERCIAL AND INDUSTRIAL: In those cases where the City does not require park or open space within a development, the City shall require payment of fees in lieu of land dedication in an amount equal to the net land area required in Section 3 above. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval as determined by the City. The City Council, upon review and recommendation of the Parks and Recreation Commission, may review and detennine by resolution an adjustment to the fee based upon the City's estimate of the average value of undeveloped commercial or industrial land in the City. 10. REQUIRED PLAN AND IMPROVEMENTS TO PARKS: The developer or subdivider is responsible for preparing a concept park plan or trail plan . based on the Parks, Open Space and Trails Plan as identified in the Comprehensive Plan as - 5 - , approved by the Parks Commission, and for making certain improvements to their developments . for parks, playgrounds and public open space purposes as follows: A. Provide finished grading, appropriate ground cover or sodding for playground, paved trails and perimeter landscaping. B. Establish park boundary comers for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property comers. C. Provide sufficient improved public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. 11. SAVING. In all other ways, the City Code will remain in full force and effect. 12. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law. . Adopted by the City Council of the City of Stillwater this day of ,2005 Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . - 6 - , . ; . . . MAGNUSON LA WFIRM LICENSED IN MINNESOTA AND WISCONSIN TilE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202 . STILLWATER, MN 55082 TELEPHONE: (65 I) 439-9464 . FAX: (65]) 439-564 I WWW.MAGNUSONLAWFIRI'vLCOM DAVID T. MAGNLSON 1\IARGARET M. MllRPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: September 29,2005 RE: Authority For Setting Water Level of Long Lake OPINION Even though the City constructed and owns the outlet structure at Long Lake, the City has no authority to change or alter the water level. While DNR has ultimate authority, Army Corps, Brown's Creek, Soil and Water and the Bureau of Water Resources have involvement and peripheral authority. I. DNR The Minnesota Department of Natural Resources has statutory authorjty to establish and control water levels in all public waters. (Lakes and wetlands of 2 Vz acres or more in municipalities are public waters.) I The statute allows the DNR to permit a new and different water level if all of the surrounding lands are in public ownership or if the municipality has a flowage easement; and if it J\1inn. Stat. s] 03G.005, Subd. ] 5 'j.. , is in the public interest to do so and causes minimum adverse environmental impacts.2 The . City's role in this state action is to make recommendations. The DNR is given authority to enforce its permits and regulations by injunction or by charging violators with a misdemeanor.3 In addition to this DNR water level establishment and control authority, three other government agencies have indirect interests: II. ARMY CORP OF ENGINEERS The Army Corps of Engineers must approve any work in any navigable water. A lake or small stream that can support a canoe is navigable. The Corps issued a permit for the channel construction between Long Lake and Jackson Wildlife Management Area under the Marine Protection and Sanctuary Act.4 The Corps has a duty to protect property from flooding and water levels that influence floods and, therefore, an interest in the review of any permit that influences water levels. . III. BRO\VN'S CREEK WATERSHED DISTRICT Work in any water, stream or wetland within the collateral District must be reviewed by the District for rate control and to insure hydraulic capacity is maintained and to prevent flooding.5 A permit for the shoreland alteration and building of the flood control structure was obtained from the Watershed District. Water levels influence floods and, therefore, this agency has an interest in any permit that will influence water levels. IV. \V ASHINGTON COUNTY BOARD OF SOIL AND WATER COMMISSIONERS Under the Wetland Conservation Act, the Board of Water Resources, through its local agency, the Washington County Soil and Water Conservation District reviews any work in Minn. Stat. S103GA07 (aHd) Minn. Stat. S103G.141 . River and Harbor's Act, 33 use 403, Sec. 10; elean Water Act; 33 use 1344, Sec. 404; Marine Protection and Sanctuary Act; 33 use, Sec. 103 BeWp Rule 2.0 2 j . wetlands to ensure that wetlands are not inundated or drained.6 A change in water levels could inundate or drain wetlands and give a basin for this agency's involvement. TRANSFER OF AUTHORITY ISSUE The statute creating watershed districts gives districts the authority to construct, operate and maintain storm water systems in other jurisdictions.7 Their obligation is mandatory to assume ownership of anv county drainage system, but they are not permitted to build, construct, maintain or own drainage systems within municipalities without the concurrence of the municipalitv.8 The City would, no doubt, establish its concurrence in any transfer of jurisdiction by some sort of written agreement between the City and Brown's Creek. PERMIT ISSUE The DNR permit for the project establishes the exact permitted lake elevation. It allows . "culverts set at elevation 888.0' on lake side and 887.3' on north side of road, and install a concrete weir, top elevation of 889.8' with V-notch at 888.9'; all in accordance with plans received January 9, 2004.,,9 The Brown's Creek permit is just as specific: "a 14 foot long weir at 889.8'; a 1.75' wide V-notch with IE (invert elevation) of 888.9. 10 DTM/nm . Milill. Stat. S 103e 7 Miml. Stat. SI03D.201, Sub. 2 8 Miml. Stat. S103D.621 9 Amended Permit #1976-6047, Long Lake (82-21 P) May 24,2004. 10 Bro\vn's ereek W.S.D. Permit No. 04-13, May 11, 2004. 3 . Memo To: Mayor and City Council From: Diane F. Ward, City Clerk Date: 9/30/2005 Su~ect: BannerReque~ Attached is a banner request from Simonet Furniture. Normally, a request includes specific dates for the banner display however, Mr. Tom O'Brien is concerned about advertising the specific dates to his competition and asks that permission be made on the basis that the banners would be displayed covering three weekends or a little over two weeks approximately eight times per year. Mr. O'Brien will be at the meeting to answer any questions, Council may have. . . ibqp~t FURNITURE · FLOORING APPLIANCES SINCE 1864 . FURNITURE AND CARPET COMPANY September 28, 2005 Stillwater City Council Attention: Diane Ward 216 N 4th St Stillwater, MN. 55082 Dear City Council, It has recently been brought to my attention that Simonet Furniture has been in violation of Stillwater's sign ordinance. During the year, Simonets promotes various product lines. We generally run a sale that covers three weekends or a little over two weeks. We have found that the banner draws a significant response from drive by traffic. In light of the economy, we do not want to miss any opportunities. . Simonets requests council approval to hang the banner during our sales. Sincerely, Tom O'Brien President . 2159 CURVE CREST BOULEVARD . STilLWATER, MN 55082 TELEPHONE (651) 439-2110 . FAX (651) 439-2112 OCT-04-2005 11:30 AM BRANDON 651 436 7471 P.Ol . . . ( tNeedaNewKITCHEN.com ) ~ ~ 1933 South Gf1Nlley Sh..t StIIMter. MN 55082 PhoM: fia1-27J.0700 FIX: e.51,vS-OeOO '" CT 58~West J6lh street Sl Loull Pa~, MN 5~ 16 Pho.,.: 85242e-4UO FIX: ~2~3eO October 4, 2005 To: StilJv..Qlor City Council (Attention Diane Ward) From: Jim Brandon (Owner) * Kitchens of Stillwater Re: Request for temporary sign during construction of Lake Elmo Bank Problem: All businesses in Greeley Square have vacated except for The Elks and Kitchens of Stillwater. These 2 will remain open for business during demolition and construction, and after completion of the new Lake Elmo Bank building. Kitchens of Stillwater has seen a dramatic decrease in walk-in traffic due to the misconception that All businesses in that building are either moving or going out of business. We are very concerned that, due to the lengthy construction process, we will not be able to maintain a steady cash flow. Therefore, we are asking that you allow us to put up a banner in the boulevard area. Temporary Sign Proposal: Type: Size: Location: Time frame: Vinyl Banner 3' high x 4 ' wide in the boulevard (on stakes) from now until June 2006 or whenever construction is complete Note: we believe the boulevard is the best place for the sign placement. We are anticipating lots of large machinery in the parking lot for demolition and construction and placement elsewhere would most likely go unnoticed and be blocked by the heavy equipment. LOCATI Or~ : 651 436 7471 RX TIME 10/04 '05 11 :28 . V~emo DATE: September 30, 2005 TO: FROM: Mayor and City Council Chantell Knauss ~rJj Director of Administration RE: Solid Waste and Recycling Contract At the September 6, 2005 meeting, City Council directed staff to meet and negotiate a possible renewal for garbage and recycling services with its current hauler, Waste Management, Inc. Attached for your consideration is the proposed Agreement reached through these negotiations. The major points of interest between the current contract and the renewal are: . 1. All current services, with the exception of recycling, will remain the same. 2. Recycling service and collection will change to "single-sort". Single-sort recycling allows residents to place ALL recyclable materials (aluminum, tin, glass, paper, newspaper, cardboard) into one wheeled recycling cart. The cart is similar to a residents garbage cart. Single-sort recycling is proposed to begin early January 2006. The contractor will provide wheeled recycling carts to all residential households and also educate residents on the single-sort start up time line and process. Because recycling carts can hold more volume than the current recycling bins, recycling will be picked up once every 2 weeks with single-sort instead of every week as currently with 2-sort service. Recycling collection will continue to be on the residents' regular collection day. 3 The rates are proposed as a $0.50/month/household decrease across the board for all garbage container sizes on the taxable service portion of services. With the additional savings in taxes, this will result in an out of pocket savings of approximately $0.75/month/household The new rates are shown on the attached proposed resolution. 4. The "snowbird" rate for those residents that are absent from the City for more than 90 days will drop from $5/month to $O/month. 5. The proposed rates would remain the same for the entire 5-year contract term, January 1, 2006 - December 31, 2010 with the exception of a tipping fee re-opener. The Contractor requests a 5-year commitment to justify the capital costs of providing recycling carts for single-sort service. In the event that tipping fees increase or decrease 7.5% or more per ton, either party has the option of requesting a re- negotiation of the rates. 6 The fuel re-opener was removed. . Recommendation Staff recommends the City Council approve the Solid Waste and Recycling Service Agreement with Waste Management and adopt the proposed Resolution Establishing A Monthly Rate Schedule For The Collection Of Solid Waste And Recycling, effective January 1. 2006 - December 31. 2010 RESOLUTION NO. 2005- ESTABLISHING A MONTHLY RATE SCHEDllLE FOR TilE COLLECTION Of' SOLID \VASTE AND RECYCLING EFFECTIVE JANUARY 1,2006 - DECEIVIBER 31, 2010 . Senior Tvpe of Service Accounts 30 Ciallon 60 Gallon 90 Gallon Collcction/Disposal $5.07 $7.66 $9.56 $11.53 Y 3reJ Waste $1.59 $l.59 $ 1.59 $ 1.59 Recycling $2.54 $2.54 $ 2.54 $ 2.54 Appliances $ .42 $ .42 $ .42 $ .42 Billing $ .21 $ .21 $ .21 $ .2 1 Total Amount $9.83 $ 1 2.42 $14.32 $16.29 Multiple dwelling units containing ninety (90) or more units which are rented exclusively to persons whose head of household is sixty-two (62) years of age or older shall be charged a special rate. A separate rate js appropriate for these dwelling units in view of the accessibility of each unit, the amount of household waste they generate and the number of units in each building and the use of a compactor at the site. . a. For normal "household waste" and for regular pick-up, a monthly charge of two hundred dollars ($200.00) plus applicable taxes for surcharge. This charge would be for a weekly pick-up of two (2), two (2) yard containers. b. For recycling services, a monthly charge of twenty dollars ($20.00) per month plus taxes and surcharges. This charge would be for weekly pick-up of a ninety (90) gallon container. Residcnts who \ivill be continuously absent from the City for more than 90 days shall be entitled to a reduced rate of $0.00 per month e1uring the period of their absence. Adopted this 4th day of October 2005. Jay L. Kimblc, lvlayor Dianc F. \\'anl. Cit" Clerk . ~ ^~.. 'water . ~.I~~ ~ ----c;;;-. ..... _~\J THE :,RTHP,^CE Of MINH"OlA ~ SOLID WASTE and RECYCLING SERVICE AGREElVIENT BET\VEEN the CITY OF STILLWATER and \V ASTE MANAGElVIENT OF MN, INC. . January 1, 2006 - December 31, 2010 . ~ AGREEJVIENT . nlJs AGREEMENT, made this 41h day of October 2005, by and between Waste Management, Inc., "Contractor," and the City of Stillwater, a municipal corporation of the County of Washington, State of Minnesota, "City;" The tenns of the Agreement shall be as follows: I. Residential Removal The Contractor shall provide for the removal of garbage, rubbish, solid waste and recycling from all residential dwellings in the City. A residential dwelling shall include apartment dwellings, including apartment dwellings in the central business district, condominium and townhouse buildings, Bed and Breakt~1st operations and businesses operating out of a residence. Single-family residences shall constitute one unit and each unit of multiple dwellings will constitute one unit. 2. Definitions "Adjusted Accounts" Units where not more than two people reside within a household and that the head of household is 62 years of age or older or is retired by reason of pennanent disability, regardless or age. "Appliances" A device or instrument, especially an electrical device, designed to perform a specific function for household use, for example: washer, dryer, water heater, toaster, microwave, water heater, etc. . "Bulk Waste" Items that are larger in size and are not required to be placed in refuse bags, for example: furniture, doors, windows, mattresses, etc. "Normal Household Waste" Food waste; non-recyclable paper, plastics, metal beverage/food containers and glass; packing material for household items; and other mixed municipal waste typically generated by the normal household, except that which is defined as "yard waste" and which must be placed in the contractor provided 30, 60, or 90 gallon containers or refuse bags. "Yard Waste" Bagged yard waste, tree branches and bundled brush not exceeding four (4') feet in length or forty (40) pounds per bundle. "Excess Household Waste" Nonual household waste that exceeds the capacity of the resident's container and is subject to a special fce for pick up. . S\dld \\;1"t(' ;lIld Ft'cycling COJ1tr;hJ I;J111Llr\- I :;:'(Hlh I:kn:m!'lT _~ I ~!Jl(l P;l:-_~l' ~ (lll ~ , . "Curb" or "Curbside" That area of the private property immediately adjacent to the side of the roadway that is maintained as roadway. "Recycling" Those items, including, but not limited to: newspaper, office paper, aluminum, tin and steel cans, glass and plastic containers, cardboard, boxboard and any other materials that are considered recyclable. "Single-sort Recycling" Those items, listed under "Recycling" that may be placed on the curb by the resident and collected by the Contractor in a recycling cart, without being sorted. The items listed in each definition shall be considered examples of the type of solid waste or recycling within each category. All other items or phrases used in this Agreement shall have the meaning given to the terms in the Solid Waste Management Plan as approved by City Council Resolution No. 91-239, dated December 4, 1991. 3. Billing The Contractor shall be responsible for billing and collecting charges from all units, which shall include apartment dwellings, including apartment dwellings in the central business district, condominium and townhouse buildings, Bed and Breakfast operations and businesses operating out of a residence. The Contractor shall be compensated for the billing responsibility per unit as established by resolution of the City Council. . The Contractor shall invoice the City on a quarterly basis for any Recycling Subsidy, if applicable. Certification of Unpaid Bills The City will certify to Washington County, on an annual basis, all delinquent refuse and recycling charges. These amounts will be payable with the owners property taxes. The Contractor shall certify all delinquent charge in each year to the City by August 15th, together with verification of addresses and a summary of collection efforts, in order that the City can provide the notice to each owner needed to effectuate this certification to the County Auditor in a timely manner. The City will reimburse the hauler when it receives payment from the County, in the following year from certification according to the following schedule: I st Payment - 40% of certification amount, as adjusted, paid 45 days after receipt of I st half of tax settlement. . 2nd Payment - 40% of certification amount, as adjusted, paid 45 days after receipt of t"l half of tax settlement. Sn!ld \\~l"lC ~1Jld Rl'C:\']I1l!..:' ("(\lll!:I,-'! l:lllLLlr\ J ~fl(H) [)I...',-'\..'lllhd.~ I jl! P;t ~ ','; ,\ I I -, ~ Final Payment ~ 20(1'0 of certification amount, as adjusted, paid 45 days after receipt of final tax settlement. . The Contractor shall provide the City with the list to be certified in a fonnat (electronic, paper, or otherwise) that is most acceptable to the City. 4. Disposition of Materials The responsibility of all waste and recyclable materials collected shall be that of the Contractor from the time of pick-up. Thereafter, ownership remains with the Contractor until the Contractor has properly disposed of or marketed the materials. The Contractor shall dispose of solid waste and recycling as it deems advisable, but in compliance with all City, County, State and Federal laws and rules. The Contractor shall, upon the request of the City, advise the City in writing of the place and method of disposal and of any changes in the place or method. Consumer Electronics The Contractor shall provide curbside pick-up, a minimum of one time each month, of certain consumer electronics that contain lead, such as, but not limited to, televisions and computer monitors. The Contractor shall provide a roll-off container and staff at the City's Annual Household Hazardous Waste Day. Residents must present identification with a valid City of Stillwater residential address to be allowed to drop-off certain consumer electronics at the City's Annual Household Hazardous Waste Day. . Residents will be allowed to have picked up curbside or drop-off at the City's Annual Household Hazardous Waste Day a reasonable number of certain consumer electronics that would normally accumulate in a household within a period of one year without any additional charge. After that reasonable number has been met, the Contractor shall charge the resident directly for the service. 5. Weekly PickuD and Dailv Service Hours The Contractor shall make a curbside pickup at all residential units in the City at least once each week during the term of this Agreement. All solid waste from each dwelling, including yard waste, bulk waste, and other material shall be collected on the same day. Single-sort recycling shall be picked up a minimum of once every two (2) weeks on the same day as solid waste and other materials are collected. Daily service hours shall be between the hours of 6:00 a.m. and 10:00 p.m. No collection service shall take place outside of these hours. After the Contractor has picked up the solid waste and recycling from a residence, the Contractor shall return all containers to a point at least eight (W) feet from the curb. . Si)!il! \\":l"lC ~lnd ~~(',-'\\.' Jill,!.:' Cpnll;kl J;llllLlr\ I ::'()Iih rh.\.'I.'mhI.T .1,1 ~!Ij(J P:l.~'l.' -l \'1' 1 -., . 6. Physicallmoaimlent Due to Aue or Disability ~-- - The Contractor shall make arrangements with aged or physically impaired residents to accommodate collection and retum of their wastc and recycling containers, instead of requiring them to make their containcrs available at curbside for pickup. 7. Ouantity Limits The pick-up of both nomlal household waste, yard wastc and rccycling shall be unlimitcd in quantity. Howcvcr, the tec f()r collection of normal household waste shall be as provided in the Rate Schedule as adopt cd and amended by resolution of the City Council. Applianccs and bulk waste shall be in a reasonable quantity as would bc gcnerated by a typical household unit. 8. Exclusions The Contractor shall not be obligated to collcct: rocks, sod, ccment, dirt, stumps or logs in excess of five inches (5") in diameter. 9. Volume Bascd System The Contractor shall fumish and deliver containers for nonmll household waste in 30, 60 and 90 gallon sizes to residcnts. Residents shall be allowed to choose the number and size of the container for their residence and will bc billed according to the Rate Schedule as cstablished by resolution of the City Council. If the Contractor chooses to supply containers that arc slightly larger than the sizes listcd above, it shall be considercd in compliance with this provision. . Multi-family residences of three (3) or morc units, bed and breakfasts, and businesses operated out of a residence shall be entitled to choose thc containcr size of their choice at the normal rate, or in lieu of containers, a dumpstcr of similar capacity. If a dumpster is providcd in lieu of a container, the rate charged for the dumpster shall be at the 90 gallon rate per unit except that for multi- dwelling units containing 50 or more units which are rented exclusively to persons whose head of household is 62 years of age or older, the rate shall be as per unit as listed under "Senior Accounts" in the Rate Schedule as adopted and amended by the City Council. ln the event a residcnce desires collection of waste in excess of the container size it has selectcd, the Contractor shall pick up the excess waste and bill the rcsident directly on the resident's quarterly invoicc in the amount of$] .50 for each additional 30-gallon bag of excess household waste. The Contractor is rcquired to pick up unlimited quantities of yard waste and recycling at no additional chargc. . The Contractor shall not be obligated to change containcr size at intervals ofless than two (2) billing quarters and upon less than thirty (30) days noticc. Snlid \\-;t"lc' ~1J1d Rt':\_'Yl-ling C(\nlr~h-I J,l1llJ;\J~, I )!ll)!, Dl'l'\.:mhL'J _~ I ~{J11) P;\!!l'.'::; \.1- 1..:' The rate for collection per month shall be as stated on the Rate Schedule as adopted and amended by resolution of the City Council. . Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $0.00 per month during the period of their absence. 10. Tipping Fees. ln the event that tipping fees increase or decrease by 7.5% or more per ton in any given l2-month period, either party may request a rate adjustment by contacting the other party. Any rate adjustments shall be negotiated between the parties. A maximum of one (I) adjustment per I 2-month period is allowed. The tipping fee at the commencement of this contract is $34.00 per ton. II. Recvcling The pick up of recycling shall be unlimited in quantity. The Contractor shall provide for "single-sort" recycling. The Contractor shall provide a minimum of one (I) wheeled cart for the collection of "single-sort" recycling per residential unit. Residents shall be allowed to choose the number and size of the recycling cart for their residence. Multi-family residences of three (3) or more units, bed and breakfasts, and businesses operated out of a residence shall be entitled to choose the recycling cart size of their choice at the nonnal rate. Single-sort recycling shall be picked up a minimum of once every two (2) weeks on the same collection day of the week as a residents normal household waste and yard waste. . The Contractor shall be responsible for infonning residents of the "single-sort" recycling program and the process and schedule of changing from two-sort to "single-sort" recycling. The Contractor shall provide residents with a schedule of recycling pick-up on an annual basis. Recycling Subsidy The Recycling Subsidy shall be negotiated between the Contractor and the City on an annual basis. The Recycling Subsidy will be determined by the amount of the grant money the City receives from the Washington County Municipal Curbside Recycling and Waste Reduction Grant. 12. Clean Uo Days The Contractor shall provide a competitive bid for the provision of labor and collection equipment to conduct "Clean Up Days" for the collection of norma] household waste and yard waste if requested to do so by the City. The Contractor shall also provide, at the City's request. the labor and equipment to conduct a "Clean Up Day" for rocks, dirt, cement and sod only, on one Saturday each Fall and one Saturday each Spring, without additional charge to the City or to the residents of the City. . Si)lid \\'~I'1l' ;lIld R(,',-':,'II!1~' (\'11ILh'l J;l!llU\': I ~1j(I(i [kl..l..'1'nh:l ..~l _~1111,\ P:l,!...'I..' (, .,,1' I') . ] 3. Data Retention The Contractor shall compile and retain solid waste data and rcport this data to the City, whcn requested. In addition, the Contractor shall furnish the City copies of solid waste reports that arc submitted to Washington County, when requested~ Failure of the Contractor to furnish this data within 20 business days of it bcing clue shall entitle the City to \vithhold any payments due the Contractor until the data is received. The Contractor shall compile and retain recycling material data and report this data to the City quarterly. The required data shall include, but not be limited to: original truck scale tickets and/or market receipts, when delivered, showing the name of the contractor and the market, the date of delivery to market and the net weight and type of material. The Contractor must also provide to the City any pertinent information or data required by Washington County including data pertaining to household participation rates. . 14. Cooperation The Contractor agrees to meet and cooperate with City staff and the City Council when requested by the City and to study and evaluate the waste collection system in order that the goals of the Solid Waste Management Plan of the City be realized, and if necessary, based upon regulatory changes and technological advances, be modified. Further, the Contractor agrees to cooperate in the development and distribution of educational material to help improvc solid waste generation and disposal attitudes and habits. 15. Complaints The Contractor shall establish and maintain an office ttJr accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except holidays and as specified in the contract. Address and telephone number of the office and any changes shall be given to the City in writing. Whenever the City or a resident notifics the Contractor of a location that has not rcceived scheduled service, the Contractor is required to serve thc location no later than the following working day from the time of the complaint. A record of all complaints and action taken thercon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. 16. Dispute Resolution The Contractor shall in good faith attempt to settle any dispute arising with residents. In the event the parties cannot resolve a dispute, the matter shall be submitted to City staff . Solid \\";I"1c' ;Uh! '~t'c:c)in.L' CP)ilr:ll" J:1JlU:W. 1 .:'1 II !t) Ikl'(')llhl'] .-:'1 ,=Ii I (i P:t ~_'~' (\! I = In the event that a displltc cannot be resolved between the Contractor and City staff~ the mattcr shall be submitted to the City Council. A decision of the City Council is final. . 17. The City \vill act as overseer for recycling publicity and public education. The Contractor shall assist in the recycling publicity and public education at the request of the City. 18. In addition to residential service, the Contractor shall pick up without additional charge, such trash and recycling as is the responsibility of the City, or which is accumulated by the City, or for the City, such as strcet cans and park barrels. This includes trash from all City-owned facilities and the annual Lumberjack Days celcbration. ln the event of a natural disaster within the City, the Contractor shall make dumpsters available as necessary for thc cleanup at a price to be negotiated at the time the service is rendered. 19. Equipment The Contractor shall provide adequate cquipment for the collection of garbage and rubbish and recycling. The equipment shall be of a design and construction specifically manufactured for garbage and rubbish hauling. Upon request from the City, Contractor shall provide a written description of the vehicles and equipment to be used within the City, and the Contractor shall make such vehicles and equipment available for inspection from time to time as the City may require. . All vehicles shall be painted and marked uniformly and shall have the hauler's name prominently displayed in letters of contrasting color, at least three (3) inches high, on each side of the vehicle. The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition, shall thoroughly disinfect each vehicle at least once a week unless the same has not been used since the last disinfection thereof, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. 20. Other Laws The Contractor shall comply with all City, County, State and Federal laws and rules, relating to solid waste collection and disposal. 21. Schedules The Contractor shall furnish the City a written schedule of the area in which pick- ups will be made each day of the week and the Contractor shall adhere to this schedule unless pem1itted otherwise by this contract. However, the Contractor shall be excused from this schedule because severe weather makes it impossible. This shall not, howewr. relicve thc Contractor from the pick-up, which shall be madc as soon as wcather pemlits. . \uiilt \\~bh> ;md R\'\.'\l"lill; (1',1l1Lll" 1;IIlU~lr~, I .~II(II-. l)l>'''"'!llI"'\lT~1 ~I)I{I F:L'l" ,J I'" . 22. Cham'.c in Collection Schedule The Contractor may request a change in the schedule by requesting the change in writing to the City at least thirty (30) days trom the proposed date of the requested change. A change shall be effected only upon authorization from the City and upon publication at least once in a newspaper of general circulation in the City during the week bdc)fe the change. The Contractor shall not be required to make regular collection on New Years Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day or Christmas Day: provided, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Administrator. It shall be the Contractor's responsibility to notify residents of any changes in the collection schedule as a result of the holidays. 23. Employees The Contractor agrees to pay all necessary Federal Social Security taxes and all State and Federal taxes required by law, and at its own expense will cover all employees with Workers' Compensation lnsurance as provided by law. . 24. 25. . Contractor further agrees to comply with all laws of the State of Minnesota and the United States regarding the employment of persons. lnsurance Contractor shall also carry Automobile Liability lnsurance, Public Liability Insurance and Property Damage lnsurance, all with Combined Single Limits of one million dollars, $2,000,000 and shall deliver a Certificate of lnsurance regarding the required policies to the City that names the City as an Additional Insured "as their interests may appear." lndemnification The Contractor agrees to indemnify and hold hannless the City, its agents, officers and employees trom any and all claims, causes of action, liabilities, losses, damages, costs, expenses including reasonable attorney's fees, suites, demands and judgments of any nature, because of bodily injury to, or death of, any person or persons, because of the negli gence of the Contractor their agents, employees or subcontractors and arising under this contract, and also any claims: a.) arising under the Minnesota Environmental Response and Liability Act ("MERLA") enacted in 1983; b.) its federal counterpart, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act ("SARA") of 1986 (together knO\v as "CERCLA"); c.) any administrative rule or statute of Minnesota or any other State; d.) any common law theory of any other State or the United States; or e.) claims based upon the clean-up of abandoned or existing sites contaminated or allegedly contaminated with hazardous substances, jf any claims described in (a) through (e) are based upon solid waste. transported from the City by the Contractor. -lid \\;I-':\l' ~llld Rt.'i..'\l'lin<~ C(lnlr:kl l~lll\Lll\ 1 _~IHH\ l)l"~'l'Jl1hl'l~ I ell Ii) P:l~'" \) \>1 ].~ 26. Bond Contractor shall furnish a perfonnance bond as required by law in the amount of two thousand five hundred dollars, $2,500 which will be delivered to the City to secure the faithful performance of this contract. However, in the event the Contractor proposes to assign or transfer this contract, the City reserves the right to increase this amount as a condition of approval of any assignment or transfer. 27. Tennination by City The City may at any time, ternlinate the contract for a breach of the ternlS by the Contractor or for unsatisfactory perfonnance. All terms and conditions of the contract are considered material, and t~lilure to perform any of the tenns or conditions shall be considered a breach. Should the Contractor fail to perform any term or condition, the City shall have the right to terminate the contract after 30 days written notice to the Contractor of the violation within that time. The City shall not be limited to an action for damages for breach. Failure to exercise the option to tenninate the contract for a breach shall not be deemed a waiver of the right to tenninate for future violations or for future unsatisfactory perfonnance. 28. 24-Hour Service If the Contractor shall fail to make a garbage pick-up at any residence, it shall do so within twenty-four (24) hours after notification from the City or resident of the address where the pick-up was not made. The Contractor shall also respond promptly upon request by the City to clean up any spills or loose solid waste that results from its operations. 29. Reasonable ReQulations The City reserves the right to make additional reasonable regulations regarding the perfonnance of the Contractor after consultation with the Contractor. 30. Curbside Rules and Regulations The City agrees to enact and to continue in effect reasonable regulations obligating its citizens to make the solid waste reasonably accessible to the Contractor on the day of collection. In addition, the City agrees to include in the Solid Waste Ordinance of the City to require at least the following regulations, rules and consumer requirements: a. That residential solid waste service is mandatory and collectable only by the authorized Contractor; b. That the consumer shall be responsible for the damage or loss of a container caused by their negligence and shall be liable to the Contractor tor this damage, except that reasonable wear is expected: c. That no mixing of household waste, yard waste, hazardous waste or other solid waste is pernlitted; d. That no container be unreasonably compacted by stuffing or otherwise: Sp!id \\';l:'h: :md Rl'\.':'L'llIlg CpntLhl J:lIlU;ln I ~(llfh Dl'\.'('lllJ>('1 ."1 ~~(Il() P:l.~ll' 1 i) l)f I ~ . . . , I . 31. . 32. . e. That a 30-gallon bag of waste not excecd 30 pounds, and a bag of yard waste not cxceed 40 pounds; f. After collection by the Contractor. containers shall be returned by the Contractor to a point at least cight (in teet from curbside. Transfer or Salc of Contract Thc Contractor will not make any total or partial sale, assignment, conveyance, lease, or transfer of this Agreement or any part thcrcof or an interest therein, without the prior writtcn approval of the City, which approval will not be unreasonably withheld. Thc City shall be entitled to require, as conditions of any such approval that: Any proposed transfercc shall have the qualifications and financial rcsponsibility, as dctcnnined by the City, necessary and adequate to fulfill the obligations undertakcn in this Agreement by Contractor: and The transfer docs not crcate an antitrust problem in the local refuse hauling industry that is contrary to the intcrest of the residents of Stillwatcr; and Any proposed transferee, by instrument in writing satisfactory to the City f(x itself and their successors and assigns, has expressly assumed all of the obligations of the Contractor under this agreement and agreed to be subject to all the conditions and restrictions to which the Contractor is subject. It is the intent of this section, together with other provisions of this agreemcnt, that to the fullest extent pennitted by law and equity no transfer oC or changc with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of any rights or remedies provided for in this agreement. There shall bc submittcd to the City for review all instruments and other legal documents involved in affecting the transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transfcree shall submit to the City for review all bonds, insurance policies and any and all other documents required by this agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. Guarantv of Nondiscrimination The Contractor agrees that during the life of the contract, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry or sex and will include a similar provision in all subcontracts entered into for the pcrformance thercof. Thc contract may be cancclled or tcnninated by the City and all money duc or to bl'comc due may be f()Tfcited f()r a sccond or subsequent ~(J]ld \\-;I'-.ll' ;l1ld I<'C('~.l:IIIl~'_ ('\11111;\(1 .1;IIl\\,\\\ \ ~\ 1\ III Dl'l.l>IlJ!'l'l~ 1 ~11111 f);t ~',' I 1 1\ j I:' violation of the terms or conditions of this paragraph. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes Subsection 181.59. 33. This agreement shall be in full force and effect from January 1,2006 through December 3 L 20] O. 34. Renewal Tenns Nothing in this contract shall be construed to require an extension of this contract. Upon expiration of the contract, the City shall have the right, at its election, to extend the contract; invite additional contract applications or proposals or terminate the contract without further action. IN W1TNESS WHEREOF, We have hereunto set our hands the day and year first written above. Waste Management ofMN, lnc. City of Stillwater Jay L. Kimble, Mayor Diane F. Ward, City Clerk Splid \\';",tc ;Hld Fl'C:-l'lilJ~ C(lJlILh.'t .I;mU;lr: I ~(lllh D\..''-l'11l1"ltT _~I .2()jll P;)Yl' I ~~ I \f I-~ .. \ . . . -4' , . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Assistant City Engineer September 28, 2005 ~ DATE: RE: Feasibility Study for 2006 Street Improvement Project Project No. 2006-02 DISCUSSION Engineering staff would like to proceed with the 2006 Street Improvement Project beginning with the feasibility study. It is proposed that the Forest Hills Addition be considered for next years street improyement project. The study area would include the streets in the Forest Hills Additions, and West Orleans from Fourth Street to Everett Street. See attached map for the area of the study. This area was looked at back in 2000, but Council denied the project. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, water main, sidewalk, sanitary, storm sewer and street lighting improvements for Forest Hills Additions including Orleans Street from Fourth Street to Everett Street. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2005- ,RESOLUTION ORDERING PREPARATION OF REPORT FOR 2006 STREET IMPROVEMENTS (Project 2006-02). RESOLUTION ORDERING FEASIBILITY REPORT FOR THE 2006 STREET IMPROVEMENT PROJECT (PROJECT 2006-02) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improyement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 4th day of October 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk ... , . . . : '~ .J... If! I! CI) .>.. /J; " 1112 1451 01 817 815 1635 1404 11-1629 812 15 5 SHELTON DRIVE 1900 1900 ~ 1901 1902 1903 .1906 191o--fil ..; 1905 ,1912 'J913 1916 '.1920 ~ g 1915__1922 1~23m~ '.9..30~ 0,.112.5.-- ,.1. ..93.2 .'.1GJ;1.94. 6 1949 i93Q~942.m. 1956 : C;<}:; ... ,. 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MEMORANDUM TO: Mayor and City Council Klayton Eckles, Director of Public Works V DATE: September 29, 2005 FROM: SUBJECT: SRF Proposal to Study 2nd and Nelson Stonn Sewer Problem DISCUSSION Attached is a copy of a proposal from SRF to complete a storm water analysis of the 2nd and Nelson Street problem. SRF is proposing an amount not to exceed $11,700.00. The Bonestroo proposal had a not to exceed figure of $8,600.00. RECOMMENDA TION . Staff recommends that Council accept the Bonestroo proposal and ask staffto complete the investigation of the problem site. ACTION REQUIRED Council should pass a motion adopting a resolution ACCEPTING THE PROPOSAL AND ENTERING INTO AGREEMENT WITH BONESTROO FOR THE 2nd AND NELSON STREET STORM SEWER ANALYSIS. . ACCEPTING PROPOSAL AND ENTERING INTO AGREEMENT WITH BONESTROO FOR THE 2nd AND NELSON STREET STORM SEWER ANALYSIS \VHEREAS, a proposal for the of 2nd and Nelson Street storm water analysis has been received; and \VHEREAS, the proposal was presented to Council, NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Bonestroo, Rosene, Anderlik and Associates, Inc. in the name of the City of Stillwater for the analysis of 2nd and Nelson Street storm water. Adopted by the City Council this 3rd day of October 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk '.? \ . . . . {llema .J{lJ Bonestroo -=- Rosene "'I\lI Anderllk r 1 \J 1 AssoCi' Engineer} [,. Af(hj!~ Project Name: 2nd and Nelson Streets Hydraulic Analysis Client: City of Stillwater To: Klayton Eckles File No: 510-05-000 From: Bob Barth Date: September 15, 2005 Re: Proposal for Engineering Study The following is our understanding, work plan, and cost for a hydraulic analysis of Stillwater's storm sewer system in the vicinity of 2nd and Nelson Streets. Understanding During periods of intense rainfall, city staff has observed significant surcharging in the pipe that runs down 2nd Street and turns east on Nelson Street to the River. It is also evident during these times of significant surcharge _hat pavement damage is occurring on 2nd Street, between Nelson Street and Nelson Alley, and on Nelson AilE" east of 2nd Street. Visual evidence suggests that pressurization of the roadway subgrade is causing the damage. It would appear that the damage to pavement is directly linked to the pressurization of the pipe. The purpose of the project would be to determine the extent of this pipe pressurization and alternatives for reducing it. The project would also entail inspection of the pipes and manholes in the intersection to determine the points where stormwater is entering street subgrade. Alternatives for reducing pressurization and/or sealing the storm system will be explored and planning level cost estimates will be formulated. Work Plan Our workplan is organized into the following tasks: · Data Collection · Hydraulic Model Creation · Investigation of Improvement Scenarios · Preparation of Memo Report A brief description of each task follows. . Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com SI Paul Office: Milwaukee Office: Rochester Office: Willmar Office: 51 Cloud Office: Grayslake Office Memo f~f BoneSlro' ~ Rosene "t\1'I A.'k , '11' Ie Engmeers ,teon Data Collection City staff will provide as-built storm sewer plans and other plans as needed for the project. Bonestroo staff (with confined space certification), accompanied by City staff, will visually inspect manholes and pipe in the 2nd and Nelson Streets intersection. Manholes will be charted for voids and cracks, storm sewer will be lamped to determine whether gaps exist in pipe joints Bonestroo staff will also conduct a windshield survey of the pipe drainage area to confirm catch-basin styles Hydraulic Model Creation An XP-SWMM Hydraulic model will be created for the project. The extent of the model will, at a minimum, include storm sewer upstream of the 2nd and Nelson intersection as far south as Willard Street and as far west as 4th Street Downstream of the intersection, the pipe will be modeled to the River. We will simulate different rainfall events and calibrate the model so it reasonably matches staff observations regarding frequency and level of surcharge .nvestigate Improvement Scenarios . Various improvement options will be investigated, some will be discarded. Viable options will have detailed presentations in the memo report Up to 3 viable options will be presented with cost estimates. Prepare Memo Report Bonestroo will prepare a memo style report to include the following sections: · Background · Methods and Assumptions · Modeling Results · Discussion of Options · Recommended Options and Cost Estimates 'Ale ':l~C' I/!""'lA th":'lot to,...hn;""""'! ...............n~...........J;,....,......... ,~,;II h..-.. ~,.............J..........J ".-._ __.....:-_._,..........-..1.:._...-. r.+ .-.-.r.....,-. Ar..J-,,-,;!,........J ;,.-....=-_....J.-.!:~.-. _~~. .!~___-l ~....... \.....0......................,'-' \.Ii......\, l......,.......illll\..."di GifJtJeiiUi0e~ Vviii uc ilceUeU i0i tJit;~C;JIlCliiVII VI IIIUIe; UClCllleU ItIUUt:lIll~ le~Ull::::' dllU, possibly. hydraulic grade line plots. We also anticipate up to 3 figures for the report. Bonestroo. Rosene. Anderlik and Associates, Inc. 51. Palll Office: Office Milwaukee Office: Rochester Office: Willmar Office: www.bonestr__ St. Cloud Office: Grayslake . fi m ~ ~ 1"1 , ,c '<- StrC_JO::-'~ E, [" ,1:-t P.'::I, l'-'C. L , !.'t I . flJemo I '/li Bonestro. ~ Rosene ~ An,A-~llk [ .V, Ae Eng'IH"l"<. !. We have not included time for meetings or presentations If the City desires these services we would be pleased to provide them on an hourly basis. For the work plan items above we propose an hourly-not-to- exceed cost of $8,600. This proposed cost allows for up to $200 in reimbursable expenses If you have any questions regarding this proposal please contact Bob Barth at 651-604-4740 or via email at rbarth@bonestroo.com. cc Sherri Buss, Bonestroo and Associates . e Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroC' 'm 51. Paul Office: Office: Milwaukee Office: Rochester Office: Willmar Office: 51. Cloud Office: Grayslake 2335 VojE:~,t f-i'fJh,';a') 1 S i VJest r,'1eqly::,n Road ! i 2 Street NE 5th :3"1'21 Street S E::)st E3el,'~,~!(~;c:' .-: Il .>---l,_"c,r r;, ' ~ :!) ;.' - ~:.1 1 ~ CONSULTING GROUP, I N c. · Ci\ d · Structural · Il:\ironmcntal · .1 raffic · Architecture · of . September 27,2005 Proposal No. P05491 Mr. Klayton Eckles, P.E., City Engineer CITY OF STILLWATER City Hall 216 North 4th Street Stillwater, MN 55082 Dear Mr. Eckles: SUBJECT: PROPOSAL FOR HYDRAULlC ANALYS1S OF THE 2ND STREET/NELSON STREET STORM SEWER SYSTEM Weare very pleased to submit this proposal to complete a hydraulic analysis and concept design of solutions for the 2nd Street/Nelson Street storm sewer system. As evidenced by the pavement surface, water traveling north in the storm sewer system on Nelson Street appears to be exiting the pipe system and traveling within the pavement subgrade. In addition, the surcharging in the storm sewer appears to also affect the storm sewer system serving the parking lot on the west side of . Nelson Street. This area would be included in the modeling and the potential solution would address this issue as well. The team will be led by David Filipiak, P.E., who will be the Principal-in-Charge and Troy Erickson, P.E., who will perfonn the computations and concept analysis. Troy has his Master's Degree in Hydraulics, as well as many years of experience and is well suited to the task. Walter Eshenaur, P.E., will provide oversight as well, given his understanding of the specific physical constraints of the area learned while working on the Teddy Bear Park project. Project Understanding/Scope of Services Based on our discussions with Shawn on a site visit yesterday and our understanding of the site, we propose to perform the following tasks. 1. Data Collection/Review a. Collect and review available data, including as-built drawings, eXIstmg utility information, drainage area maps, and GIS available data. Based on discussions with city staff, we anticipate that staff will provide most of this data, including any field surveying required. b. Perfonn an in-depth field visit to observe and supplement data review. e One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 + Fax (763) 475-2429 + httj)://\'/'vvw.srfconsulting.com III Djllil! Ojif!(iI'lllllll1. Emphncr ,. Klayton Eckles, P.E. - 2 - September 27,2005 . 2. Hvdraulic Analvsis/Concent Development a. Evaluate the hydrologic and hydraulic conditions of the site to identify velocities and volumes of storn1water runoff associated with the system. This will likely be completed using the XP-SWMM stormwater model. b. Using the model results, identify up to five concept solutions for consideration. c. Refinc the design of up to three concepts for comparison in attaining the overall goals, constructability and construction cost. 3. Technical Mcmorandum/Meetings a. Meet with you and your staff to discuss the concepts and narrow the list to up to three for further refinement. b. Prepare and present a draft and final technical memorandum and findings to staff. The technical memorandum will include concept sketches of up to three alternatives, pros and cons of each, and approximate construction cost. Basis of Payment . We propose to be reimbursed for our services on an hourly basis for actual time expended. Other direct project expenses, such as printing, supplies, reproduction, application fees, etc., we propose to be reimbursed at cost, and mileage be reimbursed at the current allowable IRS rate for business miles. Invoices will be submitted on a monthly basis for work performed during the previous month, with payment duc within 30 days. Based on our understanding of the work requested, the total cost of our services as defined in the scope is estimated at $11,700, as broken down per task in the following table. Task 1.0 2.0 3.0 Description Data Collection/Review Cost Estimate TOTAL $ 1,300 $ 5,900 $ 4,300 $11,500 $ 200 $11,700 Hydraulic Analysis/Concept Development T cchnical Memorandum/Meetings Subtotal Direct Expenses (mileage, printing, etc.) It is understood that if the scope or the extent of work is adjusted at any time, the project cost will . be adjusted accordingly, upon your approval. Klayton Eckles, P.E. '"l - J - September 27, 2005 Notice to Proceed A signed copy of this proposal or a separate letter of authorization returned to this office will serve as notice to proceed. We will begin the work immediately thereupon by performing a field visit and discussing the data with you. We anticipate completion of the technical memorandum by the end of the year. We sincerely appreciate your consideration and hope that we may look forward to working with you on this project. Please feel free to contact us if you have any questions or additional infonnation regarding the subject is required. Sincerely, APPROVED SRF CONSULTING GROUP, INC. ( signature) Name Walter Eshenaur, P.E. Senior Associate Title Date David W. Filipiak, P.E. Principal WE/D WF /j al Attachment This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of th is proposal. FS-MPLS.DA TA .DA TA :Markeling.Proposals:2005:P0549 J 2nd SINelson Hydra.doc . . e .~ , . . . MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works KE September 29,2005 DATE: SUBJECT: Review and Possible approval of Bonestroo Proposal to Provide Assistance in Preparing a Lake Management Policy. DISCUSSION At the last Council meeting, City Council considered alternatives for dealing with McKusick Lake weeds. As result, the City Council ordered staff to prepare a citywide policy to address requests for weed management and control of aquatic biological problems that occur in various water bodies. Staff has reviewed Council's direction and determined that much of the work can be completed in-house. However, for efficiency purposes it makes sense to use some of the expertise of Rich Brasch of Bonestroo who has worked on various similar projects in other community. Therefore, staff requested Bonestroo to provide a proposal (see attached) to provide some assistance. Bonestroo is proposing to provide assistance on an hourly basis not to exceed $2,000. RECOMMENDATION Staff recommends that Council accept the attached proposal. ACTION REOUIRED Council should pass a motion adopting a resolution ACCEPTING THE PROPOSAL AND ENTER INTO AGREEMENT WITH BONESTROO FOR THE ASSISTANCE IN PREPARATION OF A LAKE MANAGEMENT POLICY ~ , ACCEPTING THE PROPOSAL AND ENTER INTO AGREEMENT WITH BONESTROO FOR THE ASSISTANCE IN PREPARATION OF A LAKE MANAGEMENT POLICY . WHEREAS, a proposal for the of assistance to City staff in development of a policy regarding weed/algae control on City water bodies has been received; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Bonestroo, Rosene, Anderlik and Associates, Inc. in the name of the City of Stillwater for the assistance in preparation of a lake management policy. Adopted by the City Council this 3rd day of October 2005. Jay L. Kimble, Mayor . Attest: Diane F. Ward, City Clerk . I' . September 27,2005 Mr. Klayton Eckles, Director Department of Public Works City of Stillwater 216 North 4th Street Stillwater, MN 55082 Re: Supplemental service for water quality assistance to City Dear Klayton: As we discussed today, I have prepared the following as a supplemental task arising from the work on McKusick Lake. Supplemental Task 1: Provide assistance to City staff in development of policy regarding weed/algae control on City water bodies. . This task involves providing background information and technical information to City staff that will enable them to write a draft policy on the above referenced subject. This assistance could include some or all of the following: · Conducting informal surveys of other communities to determine their policies/approaches for handling these issues. · Preparation of short summaries of findings. · Discussions with City staff to evaluate the advantages and disadvantages of different approaches. · Providing information to help assure compliance of the policy with existing regulations and policies of state permitting and management agencies. · Providing technical guidance to help assure that the draft policy does not promote practices which compromise the desirable biological, chemical, or physical integrity of the system. Estimated Cost: Up to $2000, to be billed on a time and materials basis I think this reflects what we discussed. Please call me at (651) 604-4783 if you have any questions. Sincerely, BONESTROO, ROSENE, ANDERLlK AND ASSOCIATES, INC. Rich Brasch, Senior Scientist . cc. Sherri A. Buss, RLA, Bonestroo ~ . . . MEMORANDUM TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works v DATE: September 29,2005 SUBJECT: Riverview Drive Request for Feasibility Report on Sewer Service DISCUSSION Attached are two letters from three residents on Riverview Drive. The residents have two issues. First, they are wondering what the cost and implications would be for installing sanitary sewer main in the vicinity oftheir properties so they can connect up to the sanitary sewer. Second, they are asking the City for a determination on whether or not they would be required to connect up to the sewer even if its not ayailable if and when their septic systems fail. Originally the North Hill project contemplated including Riverview Drive within the scope of the project, but in the design process we ran into a number of issues. One issue being the need to tunnel the sanitary main from Broadway Street to Riverview Drive. The second issue, which put the kibosh on the project, was the fact that a key resident was unwilling to grant the City an easement to do the work. These factors coupled with the fact that many of the homeowners in the area already had sewer via individual lift pumps made the project less imperative and impractical. The homeowners that are requesting the information currently have functioning septic systems. If their septic systems were to fail, they could reconstruct new drainage fields or construct mound systems. So, there is not an imperative need for City sanitary sewer at this time. The first issue at hand is should the City complete a feasibility report to examine the cost, options and implications for providing sanitary service to these 3 lots. The City Council could order this report to be done at its discretion. Staff is not recommending that a feasibility report be done at this time. In cases where the City Council does not deem a feasibility report of high importance, cities sometimes complete feasibility reports for neighborhoods or individual residents subject to those parties compensating the City for the cost of completing feasibility reports. Therefore this option exists for the City Council as well. Regarding the second question posed by the residents, what are the regulations or requirements pertaining to a septic system that might fail in the future or future city requirements concerning possible required connection to the sanitary sewer system, the City Council may wish to direct the City Attorney to write a letter in response concerning city policy and current regulations. RECOMMENDATION Staffs recommends that Council review the request for preparation of a feasibility report and determine whether such a feasibility report is appropriate and how it should be paid for. Staff also recommends that City Council direct staff to provide a written response concerning the question of required connection to sanitary sewer. ,. S[? /2 3 2005 . September 21, 2005 Mayor Kimble and City Council City of Stillwater Mr. Mayor, Councilman Hryicki, Junker, Milbrandt, and Polena: Subject: Request for Residential Property Septic System Legal Clarification Reference: 1410, 1412 Riverview Drive, and 1421 North First Street, North Hill Residents The referenced properties were not included in the North Hill Sewer Project and until such time as we are accorded the option or requirement of connection to city sewer service, it is respectfully requested that a written interpretation be provided as to the right of . the referenced property owners to repair and/or replace our septic ~ systems or sell our homes without the requirement of connection to city sewer system. .It Thank you for your consideration. Yours truly, Ann Kraemer ohn 1410 Rivervie ve ~~ ~ Ruth Beardsley 1412 Riverview Drive r3--~ ~.L{t^-~/~.--/ Chris Windmiller Ned Whidmiller 1421 North First Street ~. OL., ) lJ?k~ . ,+ . . . September 21, 2005 SEp 2 3 2005 Mayor Kimble and City Council City of .Stillwater Mr. Mayor and Councilmen Hryicki, Junker, Milbrandt, and Polena: Subject: Petition Request for Feasability Study Reference: North Hill Sewer Project As the owners of three adjacent North Hill residential properties (1410 and 1412 Riverview Drive and 1421 North First Street) not included in the North Hill Sewer Project, we respectfully ask that a feasability study and associated assessment cost analysis be undertaken to allow us the option or requirement to be connected to city sewer under the terms accorded other North Hill residents. It is our understand that we were excluded from the project because of the perceived and potentially excessive assessment costs that we and the city would otherwise have to bear. Thank. you for you consideration. Yours truly, J Ann Kraemer 1410 Rivervie ~ Ruth Beardsley 1412 Rive{.:'ew Dri e r2JJ ~. Chris Windmiller ed Windmiller ~ ~..~ ( ~ . . . FYI FOODS September 30. 2005 Stillwater tvlayor Jay Kimble and City Council 216 North Fourth Street Stillwater. MN 55082 I\1r. Mayor and City Council: On behalf of Cub Foods, a longtime sponsor of Lumberjack Days, I would like to submit input for your consideration regarding potential changes to Lumberjack Days in 2006. Our interest at Cub Foods is in seeing Lumberjack Days continue to grow as a successful family event for the Stillwater community and beyond. We feel the following ideas may be helpful: r Fireworks on Sunday Night: We support returning fireworks to its traditional Sunday night time slot. From our perspective, Sunday night provides a convenient time for families to enjoy fireworks and represents a fitting finale to the festival. ? Utilize the South End of Lowell Park: We urge you to consider designating the south end of Lowell Park as a non-alcohol, family activity center. It would provide a natural separation of music and other activities, while fully utilizing Stillwater's riverfront. )r New l\Iusic Format: We believe the performers chosen for Lumberjack Days have the greatest impact on the demographic attending the festival. Moving to a more contemporary genre (e.g.. Cities 97) would likely allow Lumberjack Days to grow in popularity-particularly among families-without risking an unruly crowd. )r Lumberjack Days Hours: \Ve support extending Lumberjack Days' hours of opcration. It is very likely that the separation of family activities and music-along with a music format change-would ensure a family-friendly event that does not necessitate an early close. Finally. I want to thank you for reviewing the proposals in this letter. We at Cub Foods greatly appreciate being a part of the Stillwater community and this special event. We look forward to a successfu i LUll1berjac k Days in 2006. Sincerely /1 l 1/) /f~~ I ~.f/ ( l {I- Chris Murphy Director of Public Relations and Consumer Affairs Cub Foods 651-779--1--1-22 cc: Lumberj<lCk Day, /\chisory Committee .. \ . Protecting, maintaining and improving the health of allll.1iwlesotallS October 3, 2005 Stillwater City Council c/o Ms. Diane Ward, Clerk Stillwater City Hall 216 North F ou rth Street Stillwater, Minnesota 55082 Dear Counc;i Members: SUBJECT: Haloacetic Acids (HAA5) and Trihalomethane (THM) Results, Stillwater, Washington County, PWS/D 1820024 Enclosed are the most current HAA5 and THM analysis conducted on water samples collected from your public drinking water supply. HAA5s and THMs are regulated contaminants formed in treated waters by the disinfection process. By rule (Minnesota Rules, Chapter 4720), community water supplies that add a disinfectant as part of the drinking water treatment process, are required to monitor HAA5s and THMs. . The Minnesota Department of Health (MDH) has analyzed water samples for HAA5s and THMs for the previous quarter(s). The sample results are within acceptable limits. The results are tabulated below: Sampling Site: Distribution System Contaminant: Haloacetic Acids MCL Violation Criteria: Annual Average must exceed 60.4 {.Jg/I Date Collected 08/02/2005 Results 1.10 Units {.Jg/I Sample# 200520873 Contaminant: Total Trihalomethanes MCL Violation Criteria: Annual Average must exceed 80.4 (.Jg/I Date Collected 08/02/2005 Results 7.90 Units fl9/1 Sample# 200520873 A sampling kit will be sent to you prior to your next scheduled sampling date. It is required that you . collect HAA5 and THM samples and submit them to the MDH Laboratory for analysis. The results wil be reported to you as soon as they become available. General Information: (65]) 20] -5000 R TDD/TYV: (65]) 20] - 5~9'7 !W Minnesota Relav Sen'ice: (800) 62~-3529 www.health.state.mn.us For directions to any of the M D H locations. call ((,51) 20 I - 5000 E An e(lual opportunity employer I .tillwater City Council WSID 1820024 -2- October 3, 2005 This report should be placed in your records and a copy maintained on or near the water supply premises and available for public inspection for not less than ten (10) years. If you have any questions, please contact Pauline Wuoti at 651/201-4674. Sincerely, Richard D. Clark, P.E. Supervisor of Community Public Water Supply Unit Environmental Health Division P.O. Box 64975 St. Paul, Minnesota 55164-0975 RDC:PAW Enclosure cc: Water Superintendent Chad M. Kolstad, MDH St. Paul District Office . . \ Minnesota Department Of Health - Environmental Laboratory . Final Report - Client Copy - Report Of Analytical Results Program: HC Program Name: COMM WATER SUPPLIES (SAN.) Date Received: Date Generated: Request Page: 02-AUG-2005 l2-AUG-2005 1 of 1 Samples: 200520873 - 200520873 Date Reported: 12-AUG-2005 PWS No 1820024 Site ID 1820024 Facility Name STILLWATER City STILLWATER rnll pO't' nt' _ roll 'T'imR 02-AUG-2005 Cp_LLJ:D Co_llec_toL_Na.rr", - JIM TIBBETTS Orig Samp Field Blank Type B QTR Field Res P04 Res Trip Blank Isample No: 200520873 I Receiving Corrunents: Field No LocID DOl Sampling Point DISTRIBUTION SYSTEM 3325 BOUTWELL RD PBU ****************************** SAMPLE RESULTS ****************************** Unit: ORGANIC CHEMISTRY Reviewed By MJK on 12-AUG-05 . Result Rept Level Units Note: positive Organic Results are indicated by BOLD. Analysis Date 411 Haloacetic Acids, ICR Dibromoacetic Acid " Dichloroacetic Acid \-' _ Monobromoacetic Acid Monochloroacetic Acid Trichloroacetic Acid 09-AUG-05 f\G: Chlorodibromomethane Chloroform 0.6 0.5 ug/L < 1.5 1.5 ugIL < 1.0 1.0 ug/L < 1.5 1.5 ug/L 0.5 0.5 ug/L 04-AUG-05 2.1 0.2 ug/L 1.1 0.5 ug/L 2.4 0.5 ug/L 2.3 0.1 ug/L 464 THMs in Water Bromodichlorornethane Bromoform . Group 250297 Sample Page 1 of 1 . September 22, 2005 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Doriott, Supervisors Sheila-Marie Untiedt, Linda Countryman, Jim Hiniker and David Johnson. Also, Treasurer Gloria Sell, Attorney Soren Mattick, Engineer Paul Pearson and Planner Dick Thompson. 1. AGENDA - M/S/P Johnson/Hiniker moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Hiniker moved to approve the 9/8/05 Stillwater town board meeting minutes as written. (4 ayes) 3. TREASURER- a. Claims and checks #17409 through #17424 were reviewed and approved. b. A summary of escrow balances due was presented. The planner has started . to send out letters requesting money owed. 4. ATTORNEY- a. Cluster Develooment Moratorium - This matter will be on the next agenda for discussion. 7:25 p.m. Linda Countryman arrived. b. Seasons Pass Burning Permit - Steve Nelson will discuss this type of permit at the next meeting. c. Loe Monuments - The attorney will send out a strongly worded letter yet again for removal of the monuments. 5. PLANNER- a. Bluffs On St. Croix Subdivision - MjSjP JohnsonjHiniker moved to approve Bluffs on St. Croix Subdivision preliminary plat contingent upon the attached recommendations. (5 ayes) 10:08 p.m. Sheila-Marie Untiedt departed. . b. Victory Pass Subdivision - M/SjP JohnsonjHiniker moved to approve Victory Pass Subdivision preliminary plat contingent upon the attached recommendations. (4 ayes) Stillwater Town Board Meeting - 9/22/05 Page Two . 6. ENGINEER- a. Road Contract Bid. - M/S/P Hiniker/Doriott moved that a 2 year road contract be awarded to Raleighs for their bid amount of $193,115.00. (4 ayes) Mike Raleigh will have someone stripe the town hall parking lot. Mike Raleigh will check with John Raleigh about where the additional speed signs are for Arcola Trail. Brad Peterson's driveway needs a culvert and Ron Johnson's culvert needs to be unplugged. M/S/P johnson/Countryman moved up to an additional $500.00 to have the stubble removed from the new Arcola Ditch Trail. (4 ayes) b. Paving estimates for the area adjoining the already paved part of Arcola Trail to 50 feet past the entrance of Bluffs on St. Croix will be forthcoming. c. The engineer will prepare technical specifications for construction of infiltration basins. d. An estimate of the construction costs for extending 116th Street North to Quail Avenue will be forthcoming. (Victory Pass) e. Washington Countv Caoital Imorovement Plan 2006-2010 - The only improvement in Stillwater Township is part of Highway 15. 7. CLERK- a. M/S/P Countryman/Johnson moved to approve Judy Josephson and Christin. Tubbs as election judges for the November School Board Election. (4 ayes) b. M/S/P Johnson/Hiniker moved to approve the purchase of an additional microphone. (4 ayes) 8. ADJOURNMENT - Meeting adjourned at 11 :50 p.m. Clerk Chairperson Approved . 09/22/2005 05:85 SEP-30-2005 09~27 5514394705 TKDA 651 292 0083 PAGE 0& P.01/~H 1500 Pq;@f J;jffray PI[!" 4M Coonr S!~\ Slllnt Pf.!l, MN 55t01-\lW) MEMORANDUM (651) 29C-4400 (iK!1) 292~:l f!! www.lkda.com Proj. No..; Routfng: Bluffs on St. Croix Subdivision Stillwater Township, Minnesota 12385.000 From: nate: Pat Bantli. Clerk Soren Mattick Berry Farrington Rich,ard E. ThonlPSQI} Sep~ber23,2005 Reference: To~ Copies To; At its meeting on Septanbcr 22.2005, the Stillwater Town Board reviewed the BluffS on St. Croix Subdivision. The Board appn..IVed the preliminary plat for Bluffs on St. Croix subject to the conditions in the updated September 22,2005, memo from Richard Thompson with the fonowing changes and additions: 1. In No. 7 of the conditions (page 5), strike "storage of camper trailers and dirt bikes.." 2. That all septic tanks and other pans of the community sewer system are treated as one community wastewater treatment system, and thet 811 maintenance be accomplished together. preferably by the same contracted service. This to be reflected in tht'J COvena.f1ts or bylaws of the homeowners' association. . 3. That the Landsoape Plan show vegetation around the small utility building that will be constructed as pa.Tt ofrhe wastewater treatment system. 4. That the entrance monument be as natural as possible, preferably out of native limestone. 5. That 4" water pipe is satisfactory for use in the community water system. 6.. That the trail be moved inside the buffer area between the entrance road and the pLUperty to the north (PetersoJ\JRockwood) 7.. That the roa.d eul-de-aac$ be extended and built to within 10' of the property lin~. to the extent possible. The road to be extended and built to the property line. 1n addition, the Planner is to oheek the amOunt of open space provided in the development. . 09/22/2005 05:05 5514394705 PAGE' 07 , ~INEERS' ARCHITECTS. PLAM'.JERS 1500 Piper Jalfr~y piaJG 444 Cedar Street Saini Paul. MN 55101.2140 . TK.LlA (651) 292-4400 (651) ?92,0083 fax www lkda com MEMORANDUM To: Pat Bantl;, Clerk Reference: Victory Pass--draft conditions for approval Copies To: Soren Mattick Berry Farrington From: Date: ~~~hard E. Thompson September 23. 2005 Proj. No.: 13285 Routing: At its meeting on September 22, 2005, the Stillwater Town Board reviewed the Victory Pass Subdivision The Board approved the preliminary plat for Victory Pass subject to the following conditions: 1) That the applicallt show and build a 6-foot shoulder on the north side of 116th Street for walking_ 2) That the applicant work with the neighbors and planner to include at least a 50 foot buffer on the east . side of the subdivision and the landscape plan dated 9/20/05 3) That the applicant wiJJ pJace in escrow the amount of [bods to extend 116tlt Street from his property to the Hunter's Ridge Subdivision. When the landowner to the south subdivides, the developer (Insignia) to be reimbursed 50 percent of the cost of the land. 4) That the developer address the Township Engineer's comments to his satisfaction. S) That the applicant provide a copy of aU proposed restrictive covenants as part of Ule fmal plan approval. Covenants will address the protection of the trees in the buffer and will not allow outdoor, halogen pole lights. 6) That the applicant prepare a draft conservation ea.sement and identify the proposed holder of the easement before finaJ plat approval. 7) That the applicant provide payment of the review fee and escrow payment in the amount of $2,000 with the preliminary plat submittal. (the fees have been paid.) The applicant must understand that if Engineer. Planner or Attorney' 5 fees exceed the escrow amount, the plat wHl not be approved until all escrow fees over $2,000 are paid. . An EmplOye, OWl1ed CompJIIY PfOm()f/ng A/flff'11dIlVII AC/l()/l JnC1 fQliJJ OpportufIIly Page 1 of 4 f . Diane Ward From: info@artreachalliance.org Sent: Thursday, September 29,200510:50 AM To: ArtReach Alliance Calendar of Events Subject: ArtReach Alliance: October Art Events ArtReach Alliance: October Art Events TONIGHT! Cultivating Community Discussion September 29, 6-8pm Washington County Historic Courthouse, 101 W Pine St., Stillwater Join us for a community conversation as part of the "Cultivating Community" regional arts collaboration. ArtReach's event will begin with a community collaborative piece - and a discussion with C. Michael-jon Pease, Executive Director of the Cornucopia Arts Center in Lanesboro, MN. Each attendee will create a clay leaf for our community tree, and Mr. Pease will share his ideas on community building through the arts and how Lanesboro has been affected by the Cornucopia Art Center. OCTOBER . The Glass Menagerie - St. Croix Festival Theater September 29 - October 16 A classic drama by Tennessee Williams. Performances run Thu, Fri, and Sat nights at 7:30, Sundays at 2:00 with a special 2:00 performance the second Thursday of each run. Tickets are $20 each, with discounts for seniors, students, and groups of 10 or more. Reservations are highly recommended. Call the Festival Theatre Box Office at 888-887-6002 or visit WW\iVJ~stivaltheatre. org. Tamarack Gallery Fine Art Trunk Show September 30, lOam - 8pm October 1, lOam - 8pm October 2, noon - 5 pm 112 S Main St., Stillwater, 651-439-9393 This is an opportunity to see an incredible collection of fine art including acrylics, oils, and limited editions by nationally known artists. Mark Daehlin Through October Lakeview Hospital Art Gallery 917 W Church St., Stillwater, MN Lydia Weber ArtReach Alliance Featured Artist Through October ArtReach Alliance member artist Lydia Weber's work will be on display in the ArtReach Alliance office located in the Washington County Historic Courthouse, 101 W Pine St., Stillwater. Call 651.439.1465 for hours. . Fall Colors Fine Art & Jazz Fair 9/30/2005 Page 2 of 4 ~ October 1-2 Lowell Park, Stillwater Jazz Festival Schedule: 11:00 - 1:30 - Axis Mundi; 2:00 - 4:30 - Lethro & Wright. Art Gallery Walk along Main Street - Great Food Available. sponsored by the Greater Stillwater Chamber 439-4001. . White Bear Center for the Arts Iron Pour (and White Bear Lake Art Walk) Saturday, October 1, 4-9 pm Downtown White Bear Lake Join us for the first-ever iron pour located in the Banning Parking Lot behind Washington Square in White Bear Lake. Big Music in a small package! Music St. Croix Sunday, October 2 at 3 pm Trinity Lutheran Church, 115 N 4th St., Stillwater Bill Bastian, tenpr and narrator. Dancers from the Perpich center for the Arts. Songs of a Wayfarer by Gustv Mahler and L'Histoire du Sodat by Igor Stravinsky. Tickets at the door - $16 general, $8 seniors & students. Call 651-430-9198 The Galleries of The Phipps Center for the Arts October 7 - November 6 109 Locust Street, Hudson, WI Gallery One: Mary Perkins, Afton, Minn., photography; Galleries Two, Three, and the Overlook: Richard Abnet, pottery, and Edie Abnet, Stillwater, Minn., paintings. Reception: Friday, October 7, 6:30 - 8:30 p.m. Hours: Monday - Saturday, 9 a.m. - 4:30 p.m.; Sunday, noon - 4:30 p.m.; and . when events are scheduled in the theaters. No admission charge. 715/386-2305 or www.ThePbJQQ_~.org. Anne Dimock Book Launch party Saturday Oct. 8, 7-9 pm Afton Historical Society, 3165 S. St. Croix Trail in Afton Anne Dimock, Afton Minnesota, announces the publication of her first book, Humble Pie - Musings on What Lies Beneath the Crust. Published by Andrews McMeel Publishing, the book is now available at local and online bookstores. Humble Pie is part memoir, part food writing, part social commentary, and 100% charming. Humble Pie is the first book that takes all the experiences of home made pies, the people who made them and the circumstances that created them, and puts them between two covers. It's no less than the philosophy and metaphysics of pie itself. All you need is the book and a fork. See Anne Dimock's website (www.aonedimock.com) for a list of local appearances. New Voices In The Valley Sunday, October 9th, 10 am - 5 pm. The Valley Bookseller in Stillwater is pleased to announce its third New Voices in the Valley event. This is a daylong opportunity for community readers to meet outstanding authors who are writing and publishing or self-publishing in our area. Selected through a juried process, writers will be available at The Valley Bookseller on Sunday, October 9, from 10 am to 5 pm. Area residents interested in the arts and especially in writing and publishing won't want to miss this. Music by Richard Hills Friday, October 14th at 8 p.m. The Phipps Center for the Arts 109 Locust Street, Hudson, WI At age 25, this award-winning English organist has performed throughout the British Isles, Europe, Australia, and the U.S., from Westminster Abbey to the Oakland Paramount Theatre. Tickets are . 9/30/2005 Page 3 of 4 . $19 for all adults and $12 for children and all students with a current ID. 715/386-2305 or VjW'!J .The Phi QP~ oIg. The Glass Menagerie - St. Croix Festival Theater Through October 16 A classic drama by Tennessee Williams. Performances run Thu, Fri, and Sat nights at 7:30, Sundays at 2:00 with a special 2:00 performance the second Thursday of each run. Tickets are $20 each, with discounts for seniors, students, and groups of 10 or more. Reservations are highly recommended. Call the Festival Theatre Box Office at 888-887-6002 or visit \/'{vvw. festivQ lthefj tL~. Qrg. "Robin Hood," by Tim Kelly October 21 - 30 Fridays at 7 p.m., Saturdays at 2 p.m. and 7 p.m., as well as Sundays at 2 p.m. The Phipps Center for the Arts, 109 Locust Street, Hudson, WI The outlaw of Sherwood Forest and his merry band must stop the marriage of the lovely Maid Marian to the wicked Prince John, defeat the corrupt Sheriff, and secure Nottingham for King Richard's return. Tickets are $8 for students 18 years and younger and $10 for all adults. 715/386- 8409 or wV\i\N-,IhePhipps...Qrg THE BROTHERS FRANTZICH Saturday, October 22nd Beautiful, uplifitng harmonies run in the family. www.brothersf.com. All concerts begin at 8:pm. Tickets range in price from $15 to $20 with discounts for seniors, students and groups of 10 or more. Reservations are highly recommended. Call the Festival Theatre Box Office at 888-887-6002 or visit V\iww.fe~livilit~eaJre._o[9. . Art in Central Park Saturday, October 22, 10 am - 5 pm Woodbury Central Park Sponsored by the Woodbury Artists Guild, the Woodbury Parks and Recreation Department, and the Woodbury Arts Connection. The Merchant of Venice - St. Croix Festival Theater October 27 - November 13 A classic comedy by William Shakespeare. Performances run Thu, Fri, and Sat nights at 7:30, Sundays at 2:00 with a special 2:00 performance the second Thursday of each run. Tickets are $20 each, with discounts for seniors, students, and groups of 10 or more. Reservations are highly recommended. Call the Festival Theatre Box Office at 888-887-6002 or visit VjW_Vj .f~~ti\!altheatrg.QIg. Artists Discussion: Making Photos Work Friday, October 28th, 7pm Montorosso Cafe, 200 E Chestnut St., Stillwater Join us for a lively and provocative discussion on how artists use photographs with their work. Why is it that some people can take photographic reference and make it exciting, while others only succeed in reproducing a photo? Are you a photographer? What advice can you lend? How do you frame / edit / print your work? Bring a piece of artwork and the corresponding photograph to share with the group. Free hors d'oeuvres will be served. Please RSVP by contacting ArtReach Alliance at 651.439.1465 orinfo_@ClrtreachQUlQm:_~,-QIg. . Andreas Haefliger, piano St. Croix Concert Series Friday, October 28th, 8 pm Trinity Lutheran Church, Stillwater 9/30/2005 Page 4 of 4 Perspectives on Beethoven. Individual Tickets: $12-$25. Season Tickets: Students $40/ Adults $65. To order a Season Brochure or tickets, call the Concert Series at 651-430-3528. . Oil Painting with Kami Polzin Rivertown Studio (above Johnny's T.V.) 242 N Main St, Stillwater Come learn the beauty of painting in oils. Beginners to advanced painters. Each artist will work at there own pace, with many critiques throughout the class. Classes begin the first Monday of each month from 10:00-1:00 and 6:00-9:00 and most students continue month to month. There is a class lecture once a month for the first hour of class. 651-439-0540. Paintings classes with Barb Pinc Studio 61art for all ages 216 E. 4th St. Hastings, MN Pastel, watercolor, oil painting, Beginner, intermediate, or advance classes, monday,s 9:00 -12:00 or wed. 11:00-2:00 all year (register any time). Techniques in Pastel: with Barb Pine: Mon evening 6:00-8:00 Nov 7-Dec 12 $95. Call for info 651-438-3488 or email: ~tudLQ9t(][t@bQtmQi1.(om or www.studioi>lClrt(cUhotnlflil.corl]. ********************************************** For a complete listing of local art related events visit the ArtReach Alliance website at \tV\iVJ^L,-(]rt rea c ha II i a n c~~ Q[g . The ArtReach Alliance Events is a monthly e-mail update distributed to help our members and subscribers stay informed on issues, events, and opportunities related to the arts in Stillwater and the greater St. Croix Valley. All subscribers' names and e-mail addresses are kept confidential. If you are an ArtReach Alliance member and would like to have your event(s) listed, email your information to iofQ@artreC\(D_Cllliancg..9-I9. If you are currently not a member, please consider joining at our website \,IY\yyv.artreClc:hallgince.o[g. If you would like to be removed from this mailing list please reply to this message with the subject line "Remove." . ********************************************** ArtReach Alliance Connecting the community and the arts Washington County Historic Courthouse 101 West Pine Street Stillwater, MN 55082 Phone: 651-439-1465 Fax: 651-439-1560 Email: info@artreachalliance.org Website :bJtp:/ LWW'.'\f.,ClItre~LdJalliance.QI9L . 9/30/2005 ~ , Diane Ward .rom: ent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us) Thursday, September 29, 2005 12:44 PM Pat Raddatz Washington County Board Agenda - 10/4/05 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda ***Please Note Change in Time*** October 4, 2005 * 10:00 a.m. 8:00 to 9:45 - Employee Recognition Reception Hosted by County Board *lake Elmo Inn, 3442 lake Elmo Ave. N. 1. 10:00 - Roll Call Pledge of Allegiance e. 10:00 - 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. 10: 1 0 - Consent Calendar 4. 10: 1 0 - Transportation and Physical Development * Don Theisen, Director Contract with Wold Architects and Engineers for 2025+ Campus Improvements 5. 10: 15 - General Administration * Jim Schug, County Administrator 6. 10:25 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee A:tivities, make comments on matters of interest and information, or raise questions to the staff. This ~ction is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. ~ 7. Board Correspondence , 8. 10:45 - Executive (Closed Session) * Human Resources Department . Negotiation Strategy for 2006 9. 11 :30 - Adjourn 10. 11 :40 to 12: 1 0 - 2006 Budget Hearings -Housing and Redevelopment Authority -Decision Points and Outstanding Issues 11. 12:10* 12:40 - Board Workshop with Assessment, Taxpayer Services and Elections Discuss Election Equipment Options *********************************************************************************** Meeting Notices October 4 - Finance Committee 1 :00 p.m., Washington County Government Center October 5 - Plat Commission 9:30 a.m., Washington County Government Center October 5 - Metro Emergency Services Board Executive Commission 10:30 a.m., 2099 University Avenue * St. Paul . October 6 - Metro Energy Task Force 1 :00 p.m., 125 Charles Avenue * St. Paul *********************************************************************************** Washington County Board of Commissioners Consent Calendar * October 4, 2005 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the September 27, 2005 Board meeting minutes. 8. Approval to designate the 2005 Association of Minnesota Counties delegate list as follows: Commissioners Hegberg, Pulkrabek, Kriesel, Peterson and Stafford; Jim Schug, County Administrator; Molly O'Rourke, Deputy Administrator; and Don Theisen, Director of Transportation . and Physical Development. Assessment, Taxpayer Services and Elections 2 c+ C. Approval of resolution, applications for the acquisition of tax forfeited lands for public use. .0. Approval to s~t the. Truth-in.-Taxation public hearing for 7:00 p.m. on Thursday, December 1,2005 nd to set a continuation heanng for Tuesday, December 20, 2005 if necessary. Financial Services E. Approval to revise Financial and Budget Policy #2501, Payment of County Obligation to include wording on verification of vendors for disbarment and/or suspension. Human Resources F. Approval to ratify the 2005-2007 bargaining agreement with the Teamsters Local 320 Commander/Jail Administrator Unit. Transportation and Physical Development G. Approval of partial release of easement for highway Easement No. 228191 in Book 256 of Deeds, Page 141. H. Approval of resolution adopting parking restrictions on CSAH 8 from approximately the west county line to approximately TH 61. I. Approval and execution of Metropolitan Council Grant Agreement No. SG-2005-085 in the amount of $154,124 for recreation and open space acquisition within the Big Marine Park Reserve. .. Approval of resolution, execution of cooperative agreement with the City of Cottage Grove for box culvert installation and roadway reconstruction and maintenance. K. Approval of grant from the Minnesota Department of Commerce in the amount of $9,200 for Historic Courthouse window reconstruction project. L. Approval of resolution, purchase property located at 6065 Panama Avenue North for the expansion of the Government Center parking lot. Pat Raddatz, Administrative Assistant Washington County Phone: (651)430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3 .., Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us) Thursday, September 22, 2005 11 :56 AM Pat Raddatz Washington County Board Agenda - 9/27/05 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda September 27,2005 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come . to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Transportation and Physical Development * Wayne Sandberg, Deputy Director Commissioner Award to Leonard Pratt 5. 9:20 - County Library * Patricia Conley, Director Supervision of Law Library Staff and Revised Law Librarian Job Description 6. 9:35 - General Administration * Jim Schug, Administrator 7. 9:45 - 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 .. I 9. 9:55 - Adjourn . O. 10:00 to 10:45 - Board Workshop with Public Health and Environment Discuss the Use of Sustainable Building Design Guidelines in County Building and Remodeling Projects *********************************************************************************** Meeting Notices September 26 - Library Board 6:30 p.m., 8595 Central Park * Woodbury September 27 - Planning Advisory Commission 7:00 p.m., Washington County Government Center September 28 - Metro Mosquito Executive Commission 9:00 a.m., 2099 University Avenue West * St. Paul September 28 - Regional Solid Waste Coordinating Board 10:30 a.m., 2099 University Avenue West * St. Paul September 29 - League of Local Governments 5:30 p.m., Prom Center - 484 Inwood Ave. N. * Oakdale .eptember 29 - Red Rock Corridor :30 p.m., 7516 80th Street S. * Cottage Grove *********************************************************************************** Washington County Board of Commissioners Consent Calendar * September 27,2005 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the September 20, 2005 Board meeting minutes. B. Approval to reappoint Connie Taillon, Stillwater, to the Brown's Creek Watershed District to a first full term expiring October 21,2008. C. Approval to appoint Gene Smallidge, Cottage Grove, to the Groundwater Advisory Committee as an Anr'lrulh Ir~1 Renrosontatl'''e to a f'lrct torm ovnirl'nf"1 Docombor '<1 2007 \~IV LVIl..A I'\. 1"-"1'-' vi LV IV....VIIII'-'^fJl II~ V vi' V V, I. Community Corrections ~. Approval to accept $43,320 in additional CaseloadlWorkload grant funding from the Department of Corrections for State of Minnesota Fiscal Year 2006-2007; and approval to hire a 1.0 FTE Probation Officer position with these funds. 2 "> " Community Services E. Information Only - Child Foster Care daily basic maintenance, initial clothing allowance and . difficulty of care (DOC) rate for 2006. F. Approval to submit the required Washington County Biennial Service Agreements for the Minnesota Family Investment Program (MFIP) and the Children and Community Services Act (CCSA) effective January 1,2006 to December 31,2007. Information Technology G. Approval to purchase hardware, installation, and configuration services from TSG Server and Storage in the amount of $36,067.86, for the two production iSeries servers. Library H. Approval to accept $5,980.84 from the Estate of Pearl B. Fisher to improve the Lakeland Branch Library facilities and to purchase materials for the Library. Sheriff I. Approval to accept grant award from the Edward Byrne Memorial Justice Assistance Grant in conjunction with the City of Oakdale and Washington County. Transportation and Physical Development . J. Approval to amend an agreement and restrictive covenant for land to be removed from the Cottage Grove Ravine Regional Park. K. Approval of resolution authorizing the Historic Courthouse to accept a grant from the Hugh J. Andersen Foundation for restoration/repairs. L. Approval of resolution authorizing space lease with SouthMetro Centers V, LLC for the Stillwater License Center in the Valley Ridge Plaza. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . 3