The URL can be used to link to this page

Home My WebLink About2005-10-18 CC Packet .EGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. - 05-20 Council Chambers, 216 North Fourth Street October 18, 2005 ~ 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of October 4, 2005 regular and PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Stillwater Toastmasters. STAFF REPORTS 1. Police Chief 2. Fire Chief a. Update on Hurricane Assistance b. Update of Fire Prevention Week 3. City Clerk 4. Director of Admin are not a part of or may give direction OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on s the meeting agenda. The Council may take action or reply at the time to staff regarding investigation of the concerns expressed. 5. 6. 7. City Attorney 8. Finance Director 9. City Administrator ~ONSENT AGENDA* . 1. Resolution 2005-224 directing payment 0 2. Possible approval to purchase 5-6 new 3. Resolution 2005-225, approval of S sure 4. Resolution 2005-226, approving Harbor Bar, 517 N. Owens Stre 5. Resolution 2005-227, resoluti ' Project (Project 2005-02, L.I. ..3 located at 1123 South FifthSr 6. Resolution 2005-228, res City" Program for Downtown onsultants, Inc. for OSHA and safety consultation emises Permit for Gambling for Climb, Inc at the MN diag the assessment roll for the 2005 Street Improvement oving the water service assessment on the properly horizing the submittal of application for The Governor's "Fit PUBLIC HEARINGS 1. This is the date and ti or a hearing to consider the increase in fees for liquor licenses. Notice was published in thei~!iU..ater Gazette on September 16, 2005 and mailed to affected liquor license holders. (Resglution) 2. This is the q~le a.rid til11..e for a public hearing to consider a new On-Sale Liquor License for C & G Sukopp, LLG.; uraski located at 1491 Stillwater Boulevard, Stillwater, MN, applicant Gary SukoPPi:j:NOt.ice ubljshed in the Stillwater Gazette on September 29,2005. (Resolution) 3. This ig~t~.~n time for a public hearing to consider a new On-Sale Liquor License for BT Doyles's Rib JLLG,BT Doyles Rib Joint at 423 South Main Street, Stillwater, MN, applicant Timothy & Barbara Dgyle. Notice was published in the Stillwater Gazette on September 30,2005. (Resolution) UNFINISHED BUSINESS 1. Possible second reading of ordinance adopting Park Dedication Policy . 2. Possible approval of Findings of Fact for the application of Jeff & Heather Swanson, Case No. SUB/05- 41. (Resolution) 3. Possible approval of Findings of Fact for the application of Scott Junker, Case No. V/05-54 (Resolution) 4. Possible approval of Findings of Fact for the application of Richard & Leah Peterson, Case No. SUB/05-55 (Resolution) 5. City Policy on Riverview Drive Sewer Service r NEW BUSINESS 1. Community Conservationist Award 2. Millbrook request for workshop 3. Possible appointment to the Planning Commission (Resolution) . PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONSIREQUESTS * All items listed under the consent agenda are considered to be routin enacted by one motion. There will be no separate discussion on s citizen so requests, in which event, the items will be removed fr separately. Council and will be nless a Council Member or agenda and considered COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT -adjournment to Executive Session to discuss labor relatio . . 2 eEGULAR MEETING CITY OF STILLWATER CITY COUNCIL MEETING NO. - 05-20 Council Chambers, 216 North Fourth Street October 18, 2005 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Possible approval of October 4,2005 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Stillwater Toastmasters. 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 or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. STAFF REPORTS 1. Police Chief 2. Fire Chie a. Update on Hurricane Assistance b. Update of Fire Prevention Week 3, City Clerk 4. Director of Admin 5. Community Dev, Director 6. City Engineer/F>WD 7. City Attorney 8. Finance Director 9. City Administrator CONSENT AGENDA* . 1. Resolution 2005-224 directing paymentqf bills 2. Possible approval to purchase 5-6 new benctles forDowntown 3. Resolution 2005-225, approval of SafeAssure Cqnsultants, Inc. for OSHA and safety consultation PUBLIC HEARINGS 1. This is the date and time for a public heariqg to consider the increase in fees for liquor licenses. Notice was published in the Stillwater Gazette on<September 16, 2005 and mailed to affected liquor license holders. (Resolution) 2. This is the date and time fora public hearing to consider a new On-Sale Liquor License for C & G Sukopp, LLC., DBA: Muraski located at 1491 Stillwater Boulevard, Stillwater, MN, applicant Gary Sukopp. Notice was published iflthe Stillwater Gazette on September 29,2005. (Resolution) 3. This is the date and time for a public hearing to consider a new On-Sale Liquor License for BT Doyles's Rib Joint, LLC, BT Doyles Rib Joint at 423 South Main Street, Stillwater, MN, applicant Timothy & Barbara Doyle. Notice was published in the Stillwater Gazette on September 30,2005. (Resolution) UNFINISHED BUSINESS 1. Possible second reading of ordinance adopting Park Dedication Policy 2. Possible approval of Findings of Fact for the application of Jeff & Heather Swanson, Case No. SUB/05- 41. (Resolution) 3. Possible approval of Findings of Fact for the application of Scott Junker, Case No. V/05-54 (Resolution) 4. Possible approval of Findings of Fact for the application of Richard & Leah Peterson, Case No. SUB/05-55 (Resolution) 5. City Policy on Riverview Drive Sewer Service eEW BUSINESS 1. Community Conservationist Award 2. Millbrook request for workshop PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) . ADJOURNMENT -adjournment to Executive Session to discuss labor relations issues * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . . 2 ~ . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-19 October 4, 2005 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Police Chief Dauffenbach Public Works Director Eckles City Clerk Ward OTHER BUSINESS Librarv Proiect Uodate Bill Hickey, president of the Library Board of Trustees, was present to provide an update on the library project. The bid for the soil retention work has been accepted and work should begin within a week, he said. Interior excavation also is scheduled to begin within the week, he said. Footings will start about Nov. 1, with pre-cast to come in on top of that. Interior demolition is pretty much done. A Foundation Permit Application will be applied for; sample panels of final finished materials will be erected soon. Two bid packages have been approved - soil retention came in at $522,000.00, about $30,000.00 more than budgeted, while the pre-cast package came in at $797,848.00, about $43,000.00 under budget. Bidding has been competitive, he said. Councilmember Harycki asked about the permit process and asked whether a full building permit had been obtained. Mr. Hickey responded that, with the assistance of the Building Department, permits are being secured in packages, like the bids. Councilmember Milbrandt asked whether the final permit would be subject to review, for example by the HPC, Public Works Director Eckles said staff will do a building permit review, that permit also goes to the State for review; the State review is the big unknown, he said. Mr. Hickey said the incremental permit approach speeds up the process. Councilmember Junker asked that the silt screening be checked on Third Street; Mr. Hickey said he would check on that. STAFF REPORTS Fire Chief Glaser informed the Council that the department received a call from the State Emergency Operations Center requesting that two firefighters be dispatched to Cameron Parish, LA, under the Intergovernmental Agreement that the City signed about City Council Meeting No. 05-19 October 4, 2005 , two weeks ago. The two firefighters left on Monday, as part of Task Force 1. Only . personnel was requested; they will be deployed until Oct. 18. Tim Bell and John Nobles volunteered for the duty, Chief Glaser also informed the Council that the Stillwater Firefighters Association has received a Homeland Security grant in the amount of $27,311 for firefighter health and wellness for physicals and exercise equipment. Wal- Mart awarded a $600 grant for fire prevention activities. Fire Prevention Week is Oct. 9- 15, he reminded the Council; many activities are planned for the week, including the annual open house on Saturday, Oct. 15. Community Development Director Russell reported that a field trip for the Planning Commission and Park Board was planned for Saturday, Oct. 8, at Liberty West to review a proposed development area in the Phase 4 annexation area. A skateboard demonstration is planned for the afternoon of Oct. 8 at the skateboard park from 2 to 8 p.m. A buckthorn removal project is scheduled for Oct. 22; Friends of Parks is coordinating the removal project, he said. Mr. Russell also informed the Council that the infill design committee has met on several occasions; a draft of proposed guidelines should be completed in October so a public meeting could be scheduled in November. The guidelines likely will be ready to go to the Council in December or January. Public Works Director Eckles updated the Council on current projects. Schulenburg Park play equipment has been ordered and should be installed within the next six weeks. The sanitary sewer repair on Second Street has been completed; the remaining restoration work should be completed within the next two weeks, he said. The Fourth . Street ravine project is about 50 percent completed. Deer Path has been completed. Concrete rehab work on Pine and Myrtle is under way and progressing rapidly, he said. Also work on Boutwell Road is under way and will continue for the next four to six weeks. Council member Harycki asked that the final Schulenburg Park plan be distributed to neighbors as was promised at an earlier neighborhood meeting. There were several questions about plans for 2006 street projects. City Attorney Magnuson updated the Council on the park dedication policy ordinance scheduled for possible adoption at the 7 p.m. meeting. He said US Homes had an issue with some of the language in the proposed ordinance. The ordinance removed language that referred to wetlands as part of parkland dedication to be consistent with other City regulations. In addition, the language requiring residential developers to pay $500 per residential unit for trails with no credit if the developer built and developed trails in kind were not changed, he said. The matter of the amount of park/trail dedication that can be required is regulated not only by local requirements, but also by State law and constitutional issues relating to takings. Staff felt this section should be changed because it might be taking too much, he said. Suggested language provides for the $500 fee per residential unit for trails, but provides for a credit for the actual cost of in-kind trail improvements actually built and dedicated by the subdivider; cost includes the cost of the land dedicated for trails and the cost of construction. Council member Junker asked if sidewalks were considered trails in this policy. City Attorney Magnuson responded that sidewalks do not count as trails. Councilmember . Milbrandt asked about the possibility of the credit exceeding the $500 per dwelling unit. Mr. Russell explained that if trails aren't provided, then the $500 per unit is required. Councilmember Milbrandt expressed a concern that the language would provide Page 2 of 12 ., City Council Meeting No. 05-19 October 4, 2005 . developers with a mechanism to reduce the amount of parkland dedication. It was noted the proposed language pertains only to trail dedication. Councilmember Harycki asked about the responsibility for determining the cost for in-kind trails; he suggested the language be tweaked somewhat. Council member Polehna asked whether standards had been adopted regarding trail construction; Mr. Russell responded in the affirmative. It was suggested that adoption of the ordinance be tabled until the final language is formalized. Mr. Magnuson said that would be an acceptable course of action. Mayor Kimble recessed the meeting at 5:15 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble . Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Director of Administration Knauss Fire Chief Glaser Police Chief Dauffenbach Public Words Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion bv Council member Junker. seconded bv Councilmember Milbrandt. to aoorove the Seotember 20.2005 reqular meetinq minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kimble invited residents to attend the skateboard demonstration scheduled for 2- 8 p.m. on Oct. 8 at the City's new skateboard park. He also informed residents of the buckthorn removal project scheduled for Oct. 22; those interested in helping should meet at Hope House at 11 a.m. Fire Chief Glaser reminded the public of Fire Prevention Week and highlighted activities that are planned, including the Oct. 15 open house at the Fire Department. OPEN FORUM Jack Doerr, Oak Park Heights Council and chair of the League of Minnesota Cities' annual conference planning committee, urged the Council to attend the December conference and reviewed some of the conference topics and speakers. . Rick Hill provided some feedback on the citywide garage sale and thanked the Council for allowing the event to occur. He also thanked Oak Park Heights for additional barricades as well as corporate sponsors. The sale resulted in $12,246 in support of the Page 3 of 12 City Council Meeting No. 05-19 October 4, 2005 ~ Hurricane Katrina victims. Mayor Kimble expressed thanks to Mr. Hill for spearheading. the effort; Mayor Kimble also noted that two of Stillwater's firefighters have been deployed to Louisiana to assist hurricane victims. CONSENT AGENDA Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the consent agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-213, directing payment of bills Resolution 2005-214, approving Health and Dental Insurance Premiums and City Contributions for 2006 Resolution 2005-215, approval of the network security assessment Possible approval to purchase and install a play structure in Benson Park Possible approval of temporary liquor license - St. Michael's - October 16, 2005 Possible approval of modifications to the Fire Department Roof PUBLIC HEARINGS This is the date and time for a oubli<: h~arin9 tc> G9nsider the proposed assessment for Fire Cleanuo Service (L1 368) at 324 Wilkins Street. Notice was mailed to the affected propertv . owner and published in the Stillwater Gazette on September 14. 2005. City Administrator Hansen said the proposed assessment is for the fire cleanup at this address. Total cost of the necessary cleanup was $5,104.25. The proposal is for a five- year assessment at a 5.25 percent interest. Mayor Kimble opened the hearing; no comments were received, and the hearing was closed. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt, to adopt Resolution 2005-216, Resolution Adopting Assessment for Fire Clean Up Service LI 368. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None This is the date and time for a public hearina to consider the consent of the issuance of Revenue Bonds bv the Colorado Health facilities Authoritv on behalf of the Evanaelical . - . . Lutheran Good Samaritan Societv. Notice w?~ published in the Stillwater Gazette 01} September 16. 2005. City Administrator Hansen explained the City is simply the host community. There is a requirement the host City holds the public hearing and approves the issuance of the . bonds. The bonds are not issued in the name of the City and there is no obligation on the part of the City. Page 4 of 12 City Council Meeting No. 05-19 October 4, 2005 . Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Council member Polehna, to adopt Resolution 2005-217, Resolution Consenting to the Issuance of Revenue Bonds by the Colorado Health Facilities Authority on Behalf of the Evangelical Lutheran Good Samaritan Society. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Case No. SUBNI05-41. This is the date and time for a oublic hearina to consider a request from Jeff and Heather Swanson for a reauest 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 reaulations (7.500 square feet reauired) in the RB. Duolex Residential District at 203 St Croix Avenue. Community Development Director Russell reviewed the request. He noted the Planning Commission felt the 7,500 square-foot lot standard should be maintained and denied the request on a 5-1 vote. Mayor Kimble opened the public hearing. . Jeff and Heather Swanson, property owners, appeared. Mr. Swanson noted the property was originally platted to be 15,000 square feet and when surveyed came in 18 feet short. He explained the intent is to build a new home, which they would occupy, on the new lot as the existing home does not meet the needs of their growing family. He said they have contracted local architect Dale Mulfinger to design a home that will fit with the character of the neighborhood; rough designs were included in the agenda packet. John Shinn, 202 Ridge Lane Drive, spoke against the request. Quality of life, he said, is maintained by adhering to standards and regulations. Andrew Jenks, 1209 Second St., opposed the variance request. Variances should be granted only for very clear and defensible reasons that benefit the community or address severe hardship. There is no hardship here, he said. There also is no community benefit; it will increase the density of the neighborhood, not a benefit. The hearing was closed. . Council member Junker said he had checked the County's web page and found 7 properties within a block of the area in question and seven homes ranged from 7,120 square feet to 7,310, He said he would like to see the lot split so one lot is in compliance at 7,500 and the other is 7,482, with no other variances allowed. Mayor Kimble pointed out that every existing house in the neighborhood is likely short of the required 7,500 square feet. Council member Harycki expressed a concern about where to draw the line; he also suggested some of the properties Mr. Junker found were houses built before the minimum lot sizes were adopted and were grandfathered in, Councilmember Harycki Page 5 of 12 City Council Meeting No. 05-19 October 4,2005 said he was concerned about eroding the standard lot size. Mayor Kimble suggested . approving the platted amount of 15,000 square feet; he pointed out the previous applicant would have been allowed to subdivide the platted property without a survey but had a survey done in the spirit of cooperation. Council member Milbrandt agreed with concerns but said it didn't make practical sense to deny the request to build a home that will fit into the character of the neighborhood over a discrepancy that amounts to the size of a lawn chair. Councilmember Polehna spoke in favor of supporting the Planning Commission's position. Councilmember Milbrandt moved to approve the subdivision. City Attorney Magnuson suggested adding a condition for design review. Mr. Milbrandt accepted that condition as an amendment to his motion. Councilmember Junker seconded the motion but asked that the motion be to approve the subdivision with one lot of 7,500 and one non- conforming. City Attorney Magnuson agreed that would be the best approach. Councilmember Milbrandt amended his motion to approve the subdivision of one lot of 7,500 square feet and one non-conforming with the condition that the new structure goes through the appropriate design review process. A straw vote was taken on the approval and the City Attorney was directed to prepared findings of fact for approval by the Council at the next meeting. Ayes: Councilmembers Junker, Milbrandt and Mayor Kimble Nays: Councilmembers Harycki and Polehna Case No. SUBNI05-54. This is the date and time for a Dublic hearina to consider a reauest from Scott Junker for a subdivision of a 22.500 sauare foot lot into two lots; Lot A - 10.000 sauare feet with an existina residence and Lot B - 3.700 sauare feet develoDable with a - " variance to the develoDable lot area (10.000 sauare feet reauired) for the construction of a residence with shared drivewav access from North Fifth Street located at 1913 North Fifth Street in the RA. Sinale Familv Residential District. . Community Development Director Russell reviewed the staff reports. The variance issue is that of the developable amount of lot B; a second issue, he said, is access to the second lot. He reviewed maps and proposed driveway access. Mayor Kimble opened the public hearing. Yale Norwick spoke in favor of the project. He noted the new lot is 12,500, more than the minimum required. He noted only a small portion of the new house would be constructed in the sloped area; he also noted slope issues can be mitigated. He also suggested that it is not the applicant's responsibility to provide green space for neighbors. He spoke of the advantage for adding to the tax base and an asset to the community. He further noted that slopes are a statutory reason for considering hardship. Brad Wheeler, 1902 N. Fourth St., spoke against the project, calling for the City to abide by the lot size minimum and slope setbacks, pointing to the potential for a number of . similar requests in the adjacent neighborhood. Page 6 of 12 City Council Meeting No. 05-19 October 4, 2005 . Claude Clavette, 1912 N. Fifth St., called for the City to abide by the current ordinance and not try to pack in a lot of houses. James Purcell, 2001 Hazel Court, questioned the hardship involved. He spoke of the setback requirements from sloped areas and asked why this request was even being considered, He also noted the lot size is less than 40 percent of the minimum requirement. Terry Scully, 1901 N. Fourth St., expressed his objection to cramming multiple houses into lots that are inconsistent with the existing neighborhood and that are significantly less than the statutory minimum. With the recent completion of the North Hill infrastructure project, he also expressed concern that speculative development efforts will result in overbuilding and diminish the quality of the neighborhood. The resident of 1912 Fifth St. N. spoke against the project, saying she preferred things as they currently are. Dick Paukert, 303 W. Hazel, suggested the Council would be faced with many similar development requests if this is approved. . Mayor Kimble closed the public hearing. Mr. Russell explained the slope regulations and how they apply to subdivision requests. Mr. Russell also spoke of the reasons for the conservation regulations, which were adopted in the mid-1990s. Council member Junker noted there are many houses in the North Hill that are located on steep slopes. Councilmember Milbrandt suggested this request is a matter of compounding variances and exceptions and he said the exceptions were too great for him to accept. Councilmember Milbrandt also suggested approval would result in creating an artificial hardship. Councilmember Polehna said he had visited the site and thought the slope was way too steep. Motion by Council member Polehna, seconded by Council member Harycki to take a straw vote to deny the request and direct the Attorney to prepare findings of fact. Ayes: Councilmembers Harycki, Milbrandt and Polehna Nays: Mayor Kimble Abstention: Council member Junker Case No. SUB/OS-55. This is the date and time for a oublic hearinq to consider a request from Richard and Leah Peterson for a resubdivision of Lot 2. Blk1 Cochrane's Lonq Lake Addition into two lots Parcel A - 20.858 sauare feet (new lot) and Parcel B - 46.972 sauare feet (existinq house) located at 7160 Mid Oaks Avenue in the LR. Lakeshore Residential District. . Community Development Director Russell reviewed the request. He noted the proposed lot is conforming to the LR district. The Planning Commission recommended approval with no conditions as being consistent with the LR and Comprehensive Plan, he said. Mayor Kimble opened the public hearing. City Attorney Magnuson made part of the record a letter from Tim Kelly of the law firm representing Wesley and Deidre Kramer. Page 7 of 12 City Council Meeting No. 05-19 October 4, 2005 The letter requested that the City postpone its action for the full 120 days from the dat. of application, during which time they hope for a court ruling reversing the City's previous decision to rezone the property. City Attorney Magnuson said it was very unlikely for a suit challenging a rezoning to result in findings favorable to the plaintiff and also said there has been a no stay order preventing the City from taking action. City Attorney Magnuson said therefore it would be inappropriate for the City to suspend action. If an application is submitted that complies with all the City's regulations, there are no grounds for denying it, he said. Mayor Kimble opened the hearing. Oeidre Kramer, 7100 Mid Oaks, spoke against the proposal and enumerated seven reasons for objecting: inconsistency with previous planning and decision-making; neighborhood opposition; the legacy of the decision, e.g. property values; "fuzzy thinking" that changes the character of the neighborhood; protection from bad judgments; spot zoning. She noted that a year ago, they followed the process and opposed the zoning change. When they failed in that process, the lawsuit was initiated, She said the hearing regarding their suit is set for the first part of November. Richard Huelsmann, 12610 N. 62nd St., spoke of the history of the annexation process. He said the Kramers bought the property with the expectation that existing covenants would maintain the properties in Mid-Oaks in the current state. At the time of the annexation process there were many, many meetings during which township reSidents. were assured things would not change. It's unfortunate, he said, that former township residents have to continually appear regarding issues that they were told would not ever arise. The Petersons' proposal would substantially change the character of that neighborhood, he said. Richard Peterson, applicant, 7160 Mid Oaks, responded to several of the comments. He noted that five of the 12 lots of Mid Oaks have always been part of the City. He also noted that by statute zoning must be consistent with the City's Comprehensive Plan. And he noted that covenants, also by statute, expire after 30 years. The hearing was closed. City Attorney Magnuson updated the Council on the court action. The property is now zoned Lakeshore, 20,000 square feet lots. The subdivision request is consistent with the regulations. Courts have been very clear that if a plat is brought forward that complies with all regulations in every respect then the City's obligation is to approve it, City Attorney Magnuson concluded. Council member Harycki asked about "promises" made in the annexation process. City Attorney Magnuson said, in his opinion, the City has been diligent in attempting to honor promises. Motion by Councilmember Junker, seconded by Council member Polehna to take a straw vote for approval with conditions, and directing the City Attorney to prepare findings of fact for approval at the next meeting. Ayes: Councilmembers Junker, Polehna and Mayor Kimble Nays: Councilmembers Harycki and Milbrandt . Page 8 of 12 City Council Meeting No. 05-19 October 4, 2005 . UNFINISHED BUSINESS Possible second readinq of ordinance adoDtinq Park Dedication Policv Based on the discussion at the 4:30 p.m. meeting, Councilmember Milbrandt, seconded by Councilmember Junker, moved to table the second reading of the ordinance. All in favor. Council Dowers relatinq to Lonq Lake elevation . City Attorney Magnuson said this is a very complicated/technical matter. In essence, he said, the question of who controls the elevation involves two sets of laws. The DNR has the ultimate say over the elevation and does have the authority to change it. The DNR, he said, is bound only to listen to City input. The Corps of Engineers also has some jurisdiction, as well as Soil and Water Conservation District due to the potential impact on wetlands. During discussion it was noted that the City could ask the DNR to raise the level. Council member Milbrandt suggested that requesting any action by the DNR, without the support of Brown's Creed Watershed District, would be a waste of time and effort. Public Works Director Eckles said the previous process of setting the elevation involved discussions with all the agencies and settling on the current elevation/system. Mr. Eckles suggested that changing the elevation would be the same sort of process, one involving all the jurisdictional agencies and Brown's Creek has indicated it is not interested in pursuing any change for two years. There was a discussion of the requirement to provide flood protection, specifically to those on the east side of the lake. City Attorney Magnuson said if the water level is increased, the State would like an agency to either own the property around a water body or obtain flowage easements. There was a question as to whether the DNR or Watershed District would be liable for the lack of 1 OO-year flood protection. City Attorney Magnuson responded that would be the case if one of those agencies changed the elevation/system on their own. Council member Milbrandt asked about the discrepancy of the required setback from an ordinary high water mark of 891.4, while the top of the weir is 889.8. Mr. Eckles said there are many different definitions involved in establishing high water marks. City Attorney Magnuson suggested the essence of the issue is that the interest in protecting homes from flooding outweighs the desire to increase the recreational potential of the lake. Councilmember Polehna suggested a workshop with Brown's Creek Watershed District would be helpful; Council member Harycki suggested getting the DNR involved as well. City Administrator Hansen was asked to set up a workshop with Brown's Creek and DNR sometime in the near future. NEW BUSINESS Banner request - Simonet Furniture - Tom O'Brien The request is to utilize a 4x6 banner during sales events. Mr. O'Brien said the banner is used for eight sales a year. . Motion by Councilmember Harycki, seconded by Council member Milbrandt, to approve the request. All in favor. Page 9 of 12 City Council Meeting No. 05-19 October 4, 2005 Banner request - Kitchens of Stillwater - Jim Brandon . Jim Brandon was present. The request is to utilize a 3x4 banner during construction of the Lake Elmo Bank. Council member Milbrandt suggested working with Police Chief Dauffenbach to avert the potential for traffic interference. There was a question as to whether the sign would be on private property or County right-of-way. Motion by Council member Milbrandt, seconded by Council member Polehna to approve the placement of the banner on private property. All in favor. Possible aDDroval of Aareement with Waste Manaaement. Inc. for solid waste and recvclinq services and adoDtina resolution establishina a Monthlv Rate Schedule. Director of Administration Knauss highlighted the proposed contract. All services would remain as currently offered, she said, with the exception of recycling services. In the proposed contract, recycling would be single-sort recycling, with all materials placed in one cart. Due to the size of the new recycling containers, recyclables would be picked up every two weeks, rather than every week as is currently done. The proposed rates are a decrease of 50 cents per month per household on the taxable portion of the services. For residents absent from the City 90 days or more, the fee would be reduced from $5 a month to $0 a month. The contract, as proposed, is a five-year contract. With the change in recycling service, the contractor would provide the new containers. Rate. would be stable for the five-year period unless tipping fees increase or decrease 7.5 percent, then either party could ask to renegotiate the contract. The fuel reopener was removed from the contract, she explained. Councilmember Milbrandt pointed out that the "snowbird" fee will not be zero as there is a County fee that will still be collected. The new recycling service will begin in January 2006. Council members thanked Ms. Knauss for her work at negotiating a favorable contract. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-218, Approving Agreement with Waste Management, Inc. Ayes; Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible orderina of feasibilitv reDort for 2006 Street ImDrovement Proiect Public Works Director Eckles briefly reviewed the proposed street projects. The Forest Hills area is recommended for inclusion in the feasibility study. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-219, resolution ordering feasibility report for the 2006 Street Improvement Project (Project 2006-02). . Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Page 10 of 12 , . . . City Council Meeting No. 05-19 October 4,2005 2nd and Nelson storm sewer DroDosal Several proposals were received. The recommendation was to award the bid to Bonestroo at a cost not to exceed $8,600. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005-220, accepting proposal and entering into agreement with Bonestroo for the 2nd and Nelson Street Storm Sewer Analysis. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Review & Dossible aDDroval of Bonestroo ProDosal to Drovide assistance in DreDarina a Lake Manaqement Studv Public Works Director Eckles said the request is to use Rich Brass of Bonestroo, who helped the City with the McKusick Lake study, to assist City staff with the lake management study. Proposed cost for Mr. Brass' services is not to exceed $2,000. Councilmember Polehna said he thought it was premature to put a policy together before seeing what other lake communities do. Motion by Council member Junker, seconded by Council member Harycki, to adopt Resolution 2005-221, accepting the proposal and entering into agreement with Bonestroo for the assistance in preparation of a Lake Management Policy. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: Council member Polehna Discussion on Riverview Drive request for sewer service Public Works Director Eckles said staff has had discussions with several property owners who are concerned about what might happen if their septic systems fail and how much it might cost to hook-up to City services. He suggested a letter from City Attorney Magnuson outlining the legal aspects of the City and County requirements for septic systems to clarify the matter. The other question, he said, is whether to do feasibility study and who should pay for the study. It was suggested that before a feasibility study is ordered, discussions take place with the property owners. Mr. Eckles said staff had met with the residents in question and his sense is that the three homeowners are not real supportive of pursing any potential project. Council member Milbrandt, seconded by Councilmember Harycki, moved to direct City Attorney Magnuson to work with Mr. Eckles in developing a policy relative to these three parcels. All in favor. Page 11 of 12 City Council Meeting No. 05-19 October 4, 2005 , ADJOURNMENT . Motion by Councilmember Polehna, seconded by Council member Harycki, to adjourn at 9:40 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2005-213, directing payment of bills Resolution 2005-214, approving Health and Dental Insurance Premiums and City Contributions for 2006 Resolution 2005-215, approval of the network security assessment Resolution 2005-216, Resolution Adopting Assessment for Fire Clean Up Service LI 368 Resolution 2005-217, Resolution Consenting to the Issuance of Revenue Bonds by the Colorado Health Facilities Authority on Behalf of the Evangelical Lutheran Good Samaritan Society Resolution 2005-218, Approving Agreement with Waste Management, Inc. Resolution 2005-219, resolution ordering feasibility report for the 2006 Street Improvement Project (Project 2006-02). Resolution 2005-220, accepting proposal and entering into agreement with Bonestroo for the 2nd and Nelson Street Storm Sewer Analysis Resolution 2005-221, accepting the proposal and entering into agreement with Bonestroo for the assistance in preparation of a Lake Management Policy . . Page 12 of 12 . . . September 30, 2005 City of Stillwater SUBJECT: Request for Toastmasters International Proclamation Dear Mayor Kimble I am requesting that October 2005 be declared Toastmasters International month in the city of Stillwater, MN. Toastmasters International is celebrating its 81 st anniversary. Our organization was established in October of 1924, as a non-profit organization by Dr. Ralph. He believed that people need an organization where they can practice communication and leadership skills in a supportive environment. The vision of the organization is to empower people to achieve their full potential and realize their dreams. The program consists of manuals and education modules. Members help each other via constructive evaluations. Members help themselves via doing assignments at a pace that facilitates their learning level and style. It is an organization that fosters effective thinking, listening and speaking. The proclamation will be a tool to inspire both members and non-members to celebrate our annIversary. I am sending suggested wording for the proclamation. Respectfully, ,,;;7 / L:/ $,!U~~ Erik Hansen Stillwater Toastmasters President 7408 Upper 24th Street North Oakdale, MN 55128 651-777 -6018 651-247-7535 C[t~ ob g tiQQwatetr, uUi~~e~ota cp trocQa~atio~ \YHEREAS, the vision of the Toastmasters International organization is to empower people to achieve their full potential and realize their dreams; and \YHEREAS, since the Toastmasters organization began in 1924, more than three million men and women have benefited from its communication and leadership programs. Members of Toastmasters benefit from improved communications skills, better meeting facilitation skills, and leadership skills. Increased self-confidence is an added dividend; and WHEREAS, meetings include both prepared and extemporaneous speaking. Speeches are evaluated emphasizing positive immediate feedback and ideas for improvement, all within a supportive environment. Members receive educational manuals from Toastmasters International which offers guidelines for speeches; and WHEREAS, the mission of Toastmasters club is to provide a mutually supportive and positive learning environment in which every member has the opportunity to develop communication and leadership skills, which in turn foster self-confidence and personal growth; and . \YHEREAS, there is 1 Toastmaster club in the City of Stillwater, Minnesota. NOW, THEREFORE, I, JAY L. KIMBLE, by virtue of the authority vested in me, as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim the month of October, 2005 as TOASTMASTERS MONTH IN THE CITY OF STILLWATER and call upon all citizens of the City of Stillwater to join us in commending this observance and celebrating the 81 st anniversary of the Toastmasters International organization. JAa~o/! . "I, I .., J_~."i." l." ~I, I I i.I. .i.,,!,h! lU., ."oJ,1 L.~~ I" !<llujl oj 1.;,11, il,IIJ.1ld.,I,I.. 1I1Ii!l~, .".11.. .11'''11; #. LIST OF BILLS .HIBIT " A" TO RESOLUTION #2005.222 Action Rental Ancom Communications Ancom Technical Arcon Construction Co. Aspen Mills AT &T Bailey Construction BCA/Training & Development Board of Water Commissioner Brines Market Bryan Rock Buberl Black Dirt Carquest Catco Century Power Equipment Chamber of Commerce, Greater Stillwater City of Bayport Clarey's Safety Equipment Clark, Luann Coca Cola Enterprises Aurage Cards & Gifts ~ub Foods DAR.E. America Merchandise Dakota County Receiving Center Delta Dental Drummond American Corp Fuhr Trenching, Inc. Gopher State One Call Hedberg Aggregates HLB Taugtges Redpath, L TD IACP IKON Office Solutions Insight Interstate All Battery Center J.H. Larson Electric Jansen's Cleaning Service Kath Companies Knauss, Chantell Kremer Spring & Alignment Inc. Lockrem, Richard M. J. Raleigh Truck Magnuson Law Firm Anards ~et Council Env Services MIDC Enterprises Miller Excavating Concrete & Trailer Radios PM Check/Field Service Radio Repair North Hill Phase 2 & 3 Uniforms Telephone Catch Basins, Imprint Walk Skate Park, Chestnut Training/ J.Stender Hydrant Repair Cookies for Ribbon Cutting Skate Park Gravel Black Dirt Equipment Repair Supplies Fitting & Hose Carbo Repair Kit, Switch Park Deposit Refund Extra Officers for Lumber Jack Days Inspection of Extinguishers Cleaning At Public Works Soda For Concessions Fall Cards Russian Delegation, FD Pancake Breakfast Elementary Workbooks, Rulers, Bookmarks, Name Card July Transportation/Missed billing October Cobra Quick Peel Degreaser, Trust Me Swipes, Open & Shut Nolde Project/Teddy Bear Park September Tickets Gravel, Edging, Brick tongs Completion of Arbitrage Rebate Calc. Membership/ C.Peterson Toner Scanjet, USB Travel Elite Batteries 600V Class RK5 Fuse Maintenance Agreement Oil September Expenses Rear Spring Sti!!water Medica! Group, Lake Elmo Bank, A.ssoc. Eye Gravel Services through Oct 7th Equipment Repair Supplies Wastewater Service for November Equipment Repair Supplies Gravel 484.59 958.50 183.17 47,235.68 223.74 67.03 7,944.00 180.00 200.25 96.00 50.30 71.89 272.65 43.39 18.63 250.00 1,403.81 4.26 140.00 452.40 142.23 67.46 252.24 60.00 211.18 351.60 38,073.00 479.25 314.42 572.50 100.00 204.20 477.47 158.58 33.10 165.00 355.36 1 51 .06 1,003.97 ?S ~nn nn ---,....................... 321.31 11,224.83 97.18 95,113.57 33.40 73.62 EXHIBIT" A" TO RESOLUTION #2005-222 MN Chief of Police Assn. MN Dept. of Labor & Industry Napa Nardini Fire Equipment Office Depot Office Max OnSite Progressive Construction Inc. Pump & Meter Service R & R Specialties, Inc River Valley Printing Roettger Welding Russell, Steve Safe Assure Consultants Sensible Land Use Signal Pro Equipment Sprint PCS Stillwater Courier News Stillwater Gazette Stillwater Motor Company Streicher TA Schifsky & Son Tessman Seed Co Toll Gas & Welding Supply United Refrigeration, Inc Wal Mart Ward, Diane Watson Company Yocum Oil Co. ADDENDUM TO BILLS Ancom Communications Ancom Technical Appletree Institute Arch Wireless Aspen Mills Associated Bag DeMard, Scott G&K GCR Tire Greeder & Mondor Electric Horwath Construction Maximum Solutions Metrocall Miller Excavating, Inc. MN Dept. of Labor & Industry Registration/L. Dauffenbach Supplies Equipment Repair Supplies Inspection of Extinguishers Office Supplies Office Supplies Sanitation Weekly Service Pine & Myrtle Concrete Rehab Equipment Repair Supplies Repair Conditioner, Zamboni Report Tape Enclosed Envelope Supplies Skate Park Open House Supplies Annual Safety Consult Seminar Equipment Repair Supplies Cell Phone Courier Subscription Publications Equipment Repair Supplies Target Training Supplies Asphalt Plant Killer Welding Supplies Oil Film Develop Mileage Concession Supplies Diesel, UL Gas Used Portable Radios Field Service Labor to Repair Antenna and Radio Retiree/Cobra Health /Hospitallns 3rd Quarter Pagers Uniforms Poly Tubing Grading Escrow Refund Laundry Supply, Towels, Rugs, Uniforms Tires Service at City Hall Grading Escrow Refund Annual Service Pagers 2005 Street Improvement Supplies Page 2 " 55.0. 70.00 373.08 69.65 194.94 71.19 2,231.91 131,674.67 110.19 677.34 104.37 61.30 119.92 6,675.00 30.00 237.43 90.61 28.00 244.90 275.32 109.54 492.~ 363.1"'l' 348.73 1 01.60 6.13 41.72 165.26 3,595.32 1,317.14 1 08.17 29,331.00 1 ,205.51 124.50 66.69 1 ,500.00 3,006.07 1 ,469.70 395.00 1 ,500.00 625.. 43.2 77,235.57 40.00 #- EXHIBIT" A" TO RESOLUTION #2005-222 .apa Office Depot Owest Southwind Builders Stillwater Gazette State of MN Dept of Public Safety Washington County Recorder Waste Management Xcel Adopted by the City Council this 18th Day of October, 2005 . . Page 3 Car Parts Office Supplies Telephone Grading Escrow Refund Publication CJDN Connect Charge Recording of Tax Forfieted Properties Services Electricity & Natural Gas 277.75 196.74 813.90 1,500.00 31.60 270.00 230.00 79.06 15,726.94 TOTAL 521,329.52 . . . 10/14/2005 10:05 5514539274 CL I rl1B THEATRE PAGE 03 Minnesota Lawful Gambling LG215 Lease for Lawful GambJinq Activity O~ani~oon (1/mU NlB IN ('~ . ..... - - . ---r-liC~~bo ~ 6'sfi5-34~ 7~ Name of I~sed premises St;eel9ddrE'fS.... City - '.' ~ State Zip Daytim~ phone Hl-tfl~ I. I3ffK. _cstJ ~_~~~ ~7~ ~[}J)dJ)!irl,ti MN 9Zf?~~'~ '{3tL 3;;.~t ~~~~~sl fl~l~i(7)7i!J):lM~S~ : C5viL1J~ i mV;;Of~~sr~tf$!1r~~? Name of lessor (if same as legal: Business/street address ~ City State I Zip . Daytime pnOTlt! vwner, write ri'S. AME") . '"'iTV 1/)1' )r2I;[c? b5/~'f36-- i l3J) 9:rfTfn I '0, VI110Df:~) j?j) I~ LUiJ/t1v-c- r' fI-/ VY!-' I [3?-~ Check all activities that will be conducted: I _Pull-tabs JL:Pull-tabs with dispensing device _ T1pboards _P<lddlewheel _paddewheel with tableVsingo _Bar bingo 8/05 Page 1 of 1 Pull-tab, Tlpboard, and Paddlewheel Rent (No It 3se required far raffles.) Booth operation - s<;Iles of gambling equipment by an employee Bar operation - sales of gambling equipment within <;I leased (or volunteer) of 11 licensed organizatlon within a separate enclosure premises by an emplo' ee of the lessor from a common area where that is distinct from i3reas where food and beverages are sold. food and beverages ar ~ also sold. r - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - -.., Doe:> your orvanizBtlon OR I>ny other organi;zation con IUVBmbllng from a booth operation at this location? Y@!!; No l... - - - - - - _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __.J If you answered yes to the question above, reflt limits are If you answered no t } the question above, rent limits are based on the foHowing combinations of operatiofl: based on the following' ombinations of operation: - Boolil operation - Bar operation - Sooth operation and pulH:ab dispensing device - Bar operatlofl with P JII-tab dispensing device - BOOth operation and bar oper<ltion Pull-tab dispensing ( evice only - Booth operation, bar operation, and pull-tab dispensing device The maximum !'Bnt allowed may not exceed $1.750 In total per month for all organizations at this premises. The maximum rent lllowed may not exceed $2,500 in total per month for all or )anlzations atthis premises. Complete one option: Option A: 0 to 10% of the gross prof1ts per month. Percentage to be paid % Complete one optioll: Option A: 0 to 20% 0 . the gross profits per month. Percentage to be paid % Option B: When gross profits are $4,000 Or less per month, $0 to Option B: When gros profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid .$ to $200 per month mal be paid. Amount to be paid $ Option C: $0 to $400 per month may be paid on the first $4,000 of gross profit. Amount to be paid $ . Plus 0% to 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % Option C: $0 to $200 ler month may be Qai~. on the first $1,000 of gross profits. Amou It to be paid $ ...;;.--00 . Plus 0% to 20% of the gross profit; may be paid per month on gross profits over $1,000. Percenta}e to be paid .,~ % Bingo Rent Option P: 0 to 10% of the gross profits per month from all lawful gamblltlg activities held during bingo occasions, excluding bar bingo. Percentage to be paid % E :ar Bingo Rent Option :: No rent may be paid for bingo conducted in a bar. Option E: A rate based on a cost per square foot nOt to exceed 110% of a comparable cost per square foot for leased sp<lce, as approved by the director of the Gambling Control Board. No rent may be poid for bar bingo. Rate to be paid .$ per square foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rare and all applicab!e COSts to be paid by the organIzation to the lessor. ,-- - -.- -- --- ---, For any ne\ ,bingo activity not previously I included In I Premises PelmitAppllcation, I I attach a se larate sheet of paper listinq the I , days and hl.urs that blngo will be conducted, J L____________.J Amended Lease Only If this is an amended lease showing Changes occurring during the term of the c: Irrent premises permit, both parbes that signed the lease must initial and date all changes. Changes must be submit ;ed to the Gambling Control Board at least 1.0 days prior to the change. Wrlre In the date that the changes yo, II be effec:rive I I LeSSor Date Organization Date LOCATION:6514539274 10/1.::1 !05 11:12 R>< TI ME 10/14/2005 10:05 5514539274 Minnesota Lawful Gambling License Renewal Application Continued CLIMB THEATRE PAGE 05 , Boord U'" Only Premises permit requirements: 1. An annual premises permit fFee of $150, 2. A separate resolution of approval including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is reql.lired. Auth 10 02002-015 Current license term Site Harbor Bar 517 N Owens St, Stillwater, MN 1._.This site is located in the 55082 city . l:.-j Check l:l1is box if this site has bl2l2n discontinued or will not be renl2wed. 3/1/2004 - 2/28/21106 township witt in the county of Washington Organization owns this site ~".~__ Is bingo conducted by organization? Y / N -----If yes, the attad ed list of the days and beginning/ending hours of your blr go occasions must be updated and returned. Gambling account # 022875 Vermillion State Bank 107 Main St E, Vermillion, MN 55085 Chief Executive Officer's Acknowledgemen1 and Oath I have read this application and all information submitted to the Soard. All information is true, accurate and complete. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. I understand that faiJJre to provide required Information or providing false or nisleading information may result in denial or revocation (1~~~!5~~ ________- ~~ ~7'O~~J1h~ef~er T v . The Information requested on this form (and any attachments) will be used by the Gambling Control B lard (Board) to determine your qualifications to be Involved In lawful gambling activities In Minnesota, and to assist the Board in conducting a back~'ound investigotion of you. You have the right to refuse to supply the Information requested; however, if you refuse to supply this information, ':1e Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the Information requested, the Board will be able to process your application. Your name and address will be publiC information when received by the Board. All the other informati~l that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information tha . you have provided to the Board in the process of applying for your license will become public except for your Social Security number, which r ,mains private. If the Board does not issue you a license, all Information you have provided in the process of applying for a license remains prlvatl , with the exception of your name and address which will remain public. Private data about you are available only to the following: Soard members, staff of the Board whose \'ork assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney Genera I the Minnesota Commissioners of Admlnistiation, Finance, and Revenue; the t~1lnnesota Legislative Auditor} national and international ga nbllng regulatory agencies; anyone pursuant to court order; other Individuals and agencies that are specifically authorized by state or fedE'allaw to have access to the information; Individuals and agenCies for which law or legal order authorizes a new use or sharing of information afer this Notice was given; and anyone with your written consent. Climb rnc License renewal due by 12/30/2005 LOCATION:6514539274 . R:~ TI ME 10/14 '05 11:12 . . . RESOLUTION 2005-226 APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR CLIMB, INC AT THE HARBOR BAR, 517 N. OWENS STREET, STILLWATER, MN WHEREAS, Climb, Inc. has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at the Harbor Bar, 517 N. Owens Street, Stillwater, MN WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license located at Harbor Bar, 517 N. Owens Street, Stillwater, MN as requested by Climb, Inc. The City Clerk is directed to attach a copy of this Resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 18th day of October, 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Assistant City Engineer DATE: October] 7,2005 SUBJECT: 2005 Street Improvement Project (Project 2005-02, L.I. 365) DISCUSSION: An error was made when preparing the assessment roll for the 2005 Street Improvement Project. A water assessment of$1449.05 was inadvertently charged to the property owner at 1123 South Fifth Street. RECOMIVIENDA TION It is recommended that the water service assessment of$1449.05 be removed from the assessment ro112005 Street Improvement Project for the property owner at 1123 South Fifth Street. ACTION REQUIRED If Council concurs with the recommendation they should pass RESOLUTION 2005-227, RESOLUTION AMENDING THE ASSESSMENT ROLL FOR THE 2005 STREET IMPROVEMENT PROJECT (PROJECT 2005-02, L.I. 365) REMOVING THE WATER SERVICE ASSESSMENT ON THE PROPERTY LOCATED AT 1123 SOUTH FIFTH STREET RESOLUTION 2005-227 RESOLUTION AMENDING THE ASSESSMENT ROLL FOR THE 2005 STREET IMPROVEMENT PROJECT (PROJECT 2005-02, L.I. 365) REMOVING THE WATER SERVICE ASSESSMENT ON THE PROPERTY LOCATED AT 1123 SOUTH FIFTH STREET . 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 2005 Street Improvement Project for the following properties; and. W. Olive St. between S. Owens St. and S. William St., S. 5th St. between W. Orleans St. and W. Churchill St., W. Hancock between S. Holcombe St. and S. 3rd St, W. Marsh St. between S. 6th St. and S. 3rd St., Deerpath and Deerpath Court. WHEREAS, a public hearing was held on September 20, 2005 regarding said assessments; and WHEREAS, the Stillwater City Council adopted Resolution 2005-209, adopting the assessments for the 2005 Street Improvement Project; and WHEREAS, the assessment roll contained a water assessment that was inadvertently charged to the property located at 1123 South Fifth Street, GEO Code 3303020130048. . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. That the assessment for water in the amount of $1449.05 for GEO Code - 3303020130048, 1123 South Fifth Street is hereby removed. 2. The clerk shall notify the City Finance Department and Washington County of the removal of said water assessment from the assessment roll. Adopted by the Stillwater City Council this 18th day of October, 2005. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk e " . MEMORANDUM To: Mayor and City Council From: Sue Fitzgerald, City Planner _:~.( Date: October 18, 2005 Resolution and approval to apply for Stillwater to be one ofthe designated cities of The Governor's "Fit City" Program. . Attached is the criteria to be designated a "Fit City". This program is relatively new. The City of Stillwater meets most of the criteria to be designated a "Fit City". The purpose of the Governor's Fit City Program is to recognize Minnesota cities that are committed to creating and maintaining a city environment supportive of active living. Each city that is designated will receive a recognition plaque to be displayed within the city. In addition, information on each Governor's Fit City will be posted on the Minnesota Department of Health Web site. Subject: . Govenv)r's Fit City Program Governor's Fit City Program .. Horne .. Purpose .. Criter.ia .. Appiicatlon_process Physical Activity .. Horne Page 1 of3 " . Governor's Fit City Program Any [vJinnesota city can apply to be designated as a Governor's Fit City. A city in Minnesota that supports and encourages its residents to be more physically active may be designated as a Governor's Fit City. Each city that is designated as a Governor's Fit City will receive a recognition plaque to be displayed within the city. In addition, information on each Governor's Fit City will be posted on the Minnesota Department of Health Web site. Purpose The purpose of the Governor's Fit City Program is to recognize . iv1innesota cities that are committed to creating and maintaining a city environment supportive of active living. A Minnesota city making this commitment is providing opportunities for physical activity to people who live, work and play within the city. These opportunities allow people to make the choice to be more physically active. Physical activity improves nearly every aspect of a person's health. Therefore, the Governor's Fit City Program will contribute to improving the health of people in Minnesota. Criteria A city must meet two required criteria (Criteria 1 and 2) and at least five of the eight optional criteria (Criteria 3-10). Required criteria: . City must adopt a resolution affirming activity-friendly commitments by city leaders and elected officials .. City agrees to advertise and display "Fit City" designation Optional criteria - must meet at feast five of these eight criteria: . City has a worksite wellness (active living) policy for city employees .- .. City demonstrates capacity to measure and report measurable .- change in physical activity awareness and activity in order to http: !\\\\\\ .health .state.mn. us/fitcity/index .cfm ?fuseaction= Default Vi cw 10/14/2005 . . . Govem0r's Fit City Program Page 2 of3 maintain Fit City designation . City maintains and develops walkability capacity and locations that are easily accessed by residents, workers, and visitors . City commits to maintain and develop recreation areas, parks, playgrounds, and playfields . City commits to maintain or develop at least one indoor facility-public or private-available for cold season activity, that is open and accessible to all ages . City partners with community-wide organizations dedicated to specific or general activities which support physical activity . City promotes or sponsors at least one event or activity as part of the city's annual commitment to fitness ., City commits to building community awareness about locations, services, and organizations dedicated to fitness/physical activity fVlQre_ intormatioo~_nc:ril~rig Application process For those interested in applying, it is recommended to first print a copy of the application and review the criteria with appropriate city stakeholders. When it has been determined that the city would like to apply to the Governor's Fit City Program, a person with an official position for the city (Mayor, City Manager, City Administrator, City Council Member, City Clerk/City Treasurer) may complete the application. Completing the application will take about 30 minutes, providing the following items are in place: ., Criteria 1 (required criteria) - have an electronic copy of the city resolution or a direct Web link to the actual resolution ., Criteria 4 (optional criteria) - have an electronic copy of the city annual report or news release, or a direct link to the results on the city Web site ., Criteria 10 (optional criteria) - have an electronic copy of the city directory or map, or a direct link to the information on the city Web site Fit~ity Online)\PRlication If you are unable to complete and submit the online form, contact us at via e-mail atgctivelL\llng(illheil1th.:;tat~.mn.us or call 651-281- 9830. For more information, please send questions via e-mail to aj:tiv~Uvin9-\Cilhei3l(h,stat~.mn.us and put "Fit City" in the subject line, or call 651-281- 9830. I'1[)H HOrvlE I ABQ_UIU;; I LIBRAR)' I NQBTHSTAR http'\\ww.hca]th.state.mn.us/fitcitylinc1ex .cfm ?fuseaction=Defau]t View 10/14/2005 , LIST OF BILLS WHIBIT " A" TO RESOLUTION #2005-222 3D Specialties Inc. Action Rental Ancom Communications Ancom Technical Arcon Construction Co. Aspen Mills AT & T Bailey Construction BCNTraining & Development Board of Water Commissioner Brines Market Bryan Rock Buberl Black Dirt Carquest Catco Century Power Equipment Chamber of Commerce, Greater Stillwater City of Bayport Clarey's Safety Equipment Clark, Luann .ca Cola Enterprises ourage Cards & Gifts Cub Foods DAR.E. America Merchandise Dakota County Receiving Center Delta Dental Drummond American Corp Fuhr Trenching, Inc. Gopher State One Call Hedberg Aggregates HLB Taugtges Redpath, L TD IACP IKON Office Solutions Insight Interstate All Battery Center J.H. Larson Electric Jansen's Cleaning Service Kath Companies Knauss, Chantell Kremer Spring & Alignment Inc. Lockrem, Richard M. J. Raleigh Truck egnuson Law Firm Concrete & Trailer Radios PM Check/Field Service Radio Repair North Hill Phase 2 & 3 Uniforms Telephone Catch Basins, Imprint Walk Skate Park, Chestnut Training/ J.Stender Hydrant Repair Cookies for Ribbon Cutting Skate Park Gravel Black Dirt Equipment Repair Supplies Fitting & Hose Carbo Repair Kit, Switch Park Deposit Refund Extra Officers for Lumber Jack Days Inspection of Extinguishers Cleaning At Public Works Soda For Concessions Fall Cards Russian Delegation, FD Pancake Breakfast Elementary Workbooks, Rulers, Bookmarks, Name Card July Transportation/Missed billing October Cobra Quick Peel Degreaser, Trust Me Swipes, Open & Shut Nolde Project/Teddy Bear Park September Tickets Gravel, Edging, Brick tongs Completion of Arbitrage Rebate Calc. Membership/ C.Peterson Toner Scanjet, USB Travel Elite Batteries 600V Class RK5 Fuse Maintenance Agreement Oil September Expenses Rear Spring Stillwater Medical Group, Lake Elmo Bank, Assoc. Eye Gravel Services through Oct 7th 484.59 958.50 183.17 47,235.68 223.74 67.03 7,944.00 180.00 200.25 96.00 50.30 71.89 272.65 43.39 18.63 250.00 1,403.81 4.26 140.00 452.40 142.23 67.46 252.24 60.00 211.18 351.60 38,073.00 479.25 314.42 572.50 100.00 204.20 477.47 158.58 33.10 165.00 355.36 136.34 1,003.97 25,300.00 321.31 11,224.83 EXHIBIT" A" TO RESOLUTION #2005-222 Menards Met Council Env Services MIDC Enterprises Miller Excavating MN Chief of Police Assn. MN Dept. of Labor & Industry Napa Nardini Fire Equipment Office Depot Office Max OnSite Progressive Construction Inc. Pump & Meter Service R & R Specialties, Inc River Valley Printing Roettger Welding Russel!, Steve Safe Assure Consultants Sensible Land Use Signal Pro Equipment Sprint PCS Stillwater Courier News Stillwater Gazette Stillwater Motor Company Streicher T.A. Schifsky & Son Tessman Seed Co Toll Gas & Welding Supply United Refrigeration, Inc Wal Mart Ward, Diane Watson Company Yocum Oil Co. Page 2 Equipment Repair Supplies Wastewater Service for November Equipment Repair Supplies Gravel Registration/L. Dauffenbach Supplies Equipment Repair Supplies Inspection of Extinguishers Office Supplies Office Supplies Sanitation Weekly Service Pine & Myrtle Concrete Rehab Equipment Repair Supplies Repair Conditioner, Zamboni Report Tape Enclosed Envelope Supplies Skate Park Open House Supplies Annual Safety Consult Seminar Equipment Repair Supplies Cell Phone Courier Subscription Publications Equipment Repair Supplies Target Training Supplies Asphalt Plant Killer Welding Supplies Oil Film Develop Mileage Concession Supplies Diesel, UL Gas ~ 97.1. 95,113.57 33.40 73.62 55.00 70.00 373.08 69.65 194.94 71.19 2,231.91 131,674.67 110.19 677.34 104.37 61.30 119.92 6,675.00 30.00 235.40 90.61 28.cA 244.9P 275.32 109.54 492.90 363.12 348.73 101.60 6.13 41.72 165.26 3,595.32 e . . . STAFF REQUEST ITEM Department: Public Works Date: 10/13/05 DESCRIPTION OF REQUEST (Briefly outline what the request is) Possible approval to purchase 5-6 benches for Downtown FINANCIAL IMPACT Budgeted for in C/O Improvements - Cost approximately $5,100 ADDITIONAL INFORMATION: 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: ~ /' ~~ ___ Tim Thomsen, PuOiTc Works Superintendenr.- Date: October 13, 2005 . . . YIemo DATE: October 14, 2005 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: SafeAssure Consultants, Inc. Contract Backl!round For the past 6 years, the City has contracted with SafeAssure Consultants, Inc. for OSHA and safety consultation services. A copy of the proposed Agreement for 2005-2006 is attached. The contract price is $6,675.00. This represents a 0% increase since the 2003 contract price. Beginning with contract year 2003-2004, SafeAssure provided MSDS services from DAMARCO Solutions, LLC as part of their contract at no additional cost. They continue to partner with DAMARCO to provide these services. The Safety Committee has reviewed the proposed renewal contract at their meeting on October 11, 2005 and unanimously voted to recommend approval of the renewal contract. Recommendation Staff recommends the City Council approve the 2005-2006 safety consultation contract with SafeAssure Consultants in the amount of $6,675. CITrOF STILLWATER ~m~~~~~L/~~~rm~~~ . lIMe, OCTOBER rs \ .lJ.: fi:oI -....- (_J (_J (_J (_J . . . 1 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Stillwater are listed below: A.'V.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-place Accident & Injury program that promotes safe & healthful working conditions". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writin~ and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies ". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section ". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating infonnation concerning hazards and appropriate protective measures to employees may include, but is not limited to, provision for: development & maintaining a written hazard communication program for the work-place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment............ " 2 . CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter pennit spaces, the employer shall develop and implement a written pennit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate qa. minimize employee exposure. . GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(l) of the act, which states: Each employer shall furnish to each of {their} employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical hann to {their} employees. " LOGGING OPERATIONS 1910.266 (i)(1) The employer shall provide training for each employee, including supervisors, at no cost to the employee. . 1 . . . 3 OPERATION OF MOBILE EARTH-IVIOVING EQUIP1\1ENT. Training programs shall be developed and instructed by competent individuals who have knowledge, training, experience, and the demonstrated ability to identify existing and predictable hazards related to the subject matter. EXCAVATIONS/TRENCHING 1926.651 (k)(l) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application. " Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.1790)(3) Periodic inspection. Complete inspections of the crane shall be peiformed at intervals as generally defined in paragraph (j) (1) (ii) (b) of this section, depending upon its activity.. ................ ... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of l'11SD 's, AfSD hazards and controls used to address !vlSD hazards. " , 4 . In the interest of Quality Safety Management, it is recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platfonns, Man-lifts, and Vehicle-Mounted Work Platfonns Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) . . t . . . 5 All training on the programs written by SafeAssure Consultants, Inc. and services provided by DAMARCO Solutions, LLC (option one), will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Stillwater to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Stillwater are for the sole and express use by The City of Stillwater and its employees and not to be shared, copied, or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a contract year, will be made at no additional cost to The City of Stillwater All written programs/services that are produced by SafeAssure Consultants, Inc. are guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse the City of Stillwater should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. \ 6 . AOOE~OrYI SAFETY PROGRAM RECOMMENDATIONS The City of Stillwater Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) · maintain site specific program · documented training of all personnel · accident investigation · simulated OSHA inspection · safety committee advisor Employee Right to KnowlHazard Communication · maintain site specific program · documented training of all personnel (general and specific training) · various labeling requirements · assist in maintaining MSDS . Lock Out/Tag Out (Control of Hazardous Energy) · maintain site specific program · documented training of all personnel Emergency Action Plan · maintain site specific program · documented training of all personnel Respiratory Protection · maintain site specific program · documented training of all personnel · required fit tests . . 7 Bloodborne Pathogens · maintain site specific program · documented training of all personnel Cranes-Chains-Slings · maintain site specific program · documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) · maintain site specific program · documented training of all personnel · decibel testing and documentation . Personal Protective Equipment · maintain site specific program · documented training of all personnel Confined Space · maintain site specific program · documented training of all personal Trenching & Excavation (competent person training in second year) · maintain site specific program · documented training of all personnel Earth Moving Equipment/Motor VehicJes . maintain site specific program · documented training of all personnel . Ergonomics · maintain/write site specific program · documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements 8 . General Safety Requirements · maintain site specific program · documented training of all personnel MisceHaneous · Workplace Hazard Assessment · training manual maintenance · safety manual maintenance · documented decibel tesing · documented air quality readings · documented foot-candle readings · OSHA recordkeeping · General Duty Clause · assistance during an actual OSHA inspection · general safety recommendations · "ALERT" data base · unlimited consulting services . . . 9 In consideration of this signed monetary agreement/contract, for the period of twelve months from the signing date, SafeAssure Consultants, Inc. will act as a consultant to, and/or perform the function of "Safety Manager" for The City of Stillwater. SafeAssure Consultants, Inc. will provide unlimited consulting services, conduct classroom-training sessions ("see Tentative Training Schedule"), write and/or maintain mandatory OSHA programs. ANNUAL TOTAL $6,675.00 The City of Stillwater Date The City of Stillwater Date . - ~ ~~ ~-- ~S- Saf ssu-r~ .,--- nts Date ~~ t-=. F- 9-3tJ-tJ!J SafeAssure Consultants Date (SEAL) This contract is for the period of October 2005 thru Septemember 2006. . " Safety Wise We Specialize" MAGNUSON LAw FIRM . LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . STILLWATER, MN 55082 TELEPHONE: (651)439-9464 . FAX: (651)439-5641 DTMAGNUSON@MAGNUSONLAWFIRM.COM DA VID T. MAGNUSON MARGARET M. MURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 17, 2005 RE: Complaint of Bernie Nadeau Bernie Nadeau of 913 5th Avenue South, and his neighbor, Vern Anderson, of 909 5th Avenue South, did not file a Notice of Objection to the recent assessments for the street project, . but have complained separately to the Water Department, to Councilman Junker and to myself about the assessment they bear for water service. To begin with, both Nadeau and Anderson have owned their property for many years, and in 1981 needed an emergency repair to a broken water system. Under the policy of the Water Department at that time, they were allowed to replace their galvanized service with one shared copper service in order to keep the costs of installation down. This was commonly done by the Water Department at that time. The policy of the Water Department has changed, however, and when the opportunity arises, they now routinely replace shared services so that each party has their own service. That was done in this case, and the Water Department recognizes this as a benefit to both properties. By way of fairness, the assessment roll split the cost of one water service between Anderson and . Nadeau. Each were assessed $724.53, which was one half of one water service. According to our Engineers and Jim McKnight, the $1500 unit cost of a water service . was very low. Jim McKnight estimates that if a stand alone water service were repaired, the costs would be between $2,000 and $3,000, and it was only the large quantity of these services that kept the price low on this project It is for the Council to decide whether they would like to entertain further proceedings with regard to these water assessments. While it appears that the proper procedures were followed and that the assessment is fair, the Council is always free to make an adjustment of the assessment roll prior to its certification to the County Auditor. Let me know if you need more on this. Respectfully, David T. Magnuson Stillwater City Attorney . /nm . 2 ~ ~ . ~tl ~1tlater ~~U~. l'V'I-'liiil'llliO"jIj~' ~~. ~_.,'~ T H E~I'~:~"~~A C E OF M INN E SOT A ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, October 18, 2005, to consider Liquor License Fees. Diane Ward City Clerk . Published in Stillwater Gazette on Friday, September 16, 2005 . CITY H,b,LL: 2.: 6 NORTH FOURTH STiLLWATER: MINNESOTA 55082 PHONE: 651-430-8800 License Current Fee 1 % Increase 2% Increase 3% Increase 4% Increase 5% Increase On-sale $2,750.00 $27.50 $55.00 $82.50 $110.00 $137.50 On-sale - Club $425.00 $4.25 $8.50 $12.75 $17.00 $21.25 set by State set by State set by State set by State set by State On-sale - Sunday $200.00 Statue Statue Statue Statue Statue set by State set by State set by State set by State set by State Off - sale $200.00 Statue Statue Statue Statue Statue On-sale Wine II $300.00 I $3.00 $6.00 $9.00 $12.00 $15.00 On-sale Wine w/Stronq Beer II $455.00 II $4.55 $9.10 $13.65 $18.20 $22.75 On-sale 3.2% Malt Liquor II $155.00 II $1.55 $3.10 $4.65 $6.20 $7.75 Off-sale 3.2% Malt Liquor II $55.00 II $0.55 $1.10 $1.65 $2.20 $2.75 License Current Fee 6% Increase 7% Increase 8% Increase 9% Increase 10% Increase On-sale $2,750.00 $165.00 $192.50 $220.00 $247.50 $275.00 On-sale - Club $425.00 $25.50 $29.75 $34.00 $38.25 $42.50 set by State set by State set by State set by State set by State On-sale - Sunday $200.00 Statue Statue Statue Statue Statue set by State set by State set by State set by State set by State Off - sale $200.00 Statue Statue Statue Statue Statue On-sale Wine $300.00 $18.00 $21.00 $24.00 $27.00 $30.00 On-sale Wine w/Stronq Beer $455.00 $27.30 $31.85 $36.40 $40.95 $45.50 On-sale 3.2% Malt Liquor $155.00 $9.30 $10.85 $12.40 $13.95 $15.50 Off-sale 3.2% Malt Liquor $55.00 $3.30 $3.85 $4.40 $4.95 $5.50 . . . 0/ ,. f . <Sf 8 ~ J ,~ w,r;er r- ,) : _ '. -'- j,II"llliljl~~11l1 ' , - ~ ---..:: ~"I..i".;_- ~111"I"'.Jl""~ ~"',.."...- ':~'"...~, THE BIRTHPLACE OF MINNESOTA J September 15, 2005 To: Liquor License Holders From: Diane F. Ward City Clerk Subject: Liquor License Fees for 2006 Dear Sir or Madam: At their September 6, 2005 meeting the Stillwater City Council called for a public hearing on October 18, 2005 (see attached notice of hearing) to consider the increase in liquor license fees not to exceed ten percent (10%). The current fees and the increase to 10% would be as follows: , Proposed 2006 Fee License Current Fee 10% Increase with 10% increase I IOn-sale $2,750.00 $275.00 $3,025.00 IOn-sale - Club $425.00 $42.50 $467.50 IOn-sale - Sunday $200.00 set by State Statue $200.00 I Off - sale $200.00 set bv State Statue $200;00 IOn-sale Wine $300.00 $30.00 $330.00 On-sale Wine w/Strong Beer $455.00 $45.50 $500.50 IOn-sale 3.2% Malt Liquor $155.00 $15.50 I I $170.50 I Off-sale 3.2% Malt Liquor $55.00 $5.50 I I $60.50 If you have any questions, please contact me at 651-430-8802. . Sincerely, k~t-e .:J ~~/ 0<-. Diane F. Ward City Clerk CITY G NORTH FOURTH STilLWATER, MINNESOTA 55082 PHONE: 651-430-8800 RESOLUTION NO. 2000-176 . APPROVING LIQUOR LICENSE FEES WHEREAS, the City Council has deemed it necessary to raise the liquor fees for the City; and WHEREAS, Stillwater City Code, Chapter 43, allows for the increase of fees by the City Council by resolution; and WHEREAS, the City Council has reviewed the proposed fees. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater approve the following liquor fees: LIQUORIWINE LICENSE FEES License Type 2001-2002 2003-2004 2005 Intoxicating Liquor - On-sale $2,550 $2,650 $2,750 Intoxicating Liquor - Club 375 400 425 Intoxicating Liquor - Sunday 200 200 200 . Wine - on-sale 250 275 300 3.2% Malt Liquor - on-sale 125 140 155 3.2% Malt Liquor - off sale 55 55 55 Intoxicating Liquor - off.-sale 200 200 200 Investigation fee: New on-sale intoxicating liquor, 275 275 300 only .. Adopted by the City Council this 6th day of June, 2000. 1)r~ST: I) / "\ A/_t~ 0'. (_LUA~ Diane F. Ward, City Clerk //~/g~ tyr?~r ~ . J~J!~ /c??~ -IhF!w blOOzY ~ c93DO jCh tht/.1a/~ r i . . . Vlemorandull. To: From: Date: Mayor and City Council Diane Ward, City Clerk 10/11/2005 Subject: NEW ON-SALE LIQUOR LICENSE FOR C & G SUKOPP, LLC, DBA: MURASKI LOCATED AT 1491 STILLWATER BOULEVARD As required, a public hearing must be held for the issuance of new liquor licenses. A liquor license application has been received for an On-Sale Liquor License from C & G Sukopp, LLC, DBA: Muraski located at 1491 Stillwater Boulevard. Muraski presently has a Wine with Strong Beer license so this would be considered a new license, an upgrade from their Wine & Strong Beer license. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new On-Sale liquor license they should pass a motion to adopt Resolution No. 2005- APPROVING AN ON-SALE LIQUOR LICENSE FOR C & G SUKOPP, LLC. DBA: MURASKI APPROVING AN ON-SALE LIQUOR LICENSE FOR T APPROVING AN ON- SALE LIQUOR LICENSE FOR C & G SUKOPP, LLC., DBA: MURASKI WHEREAS, an application has been received for a new on-sale liquor license for C & G Sukopp, LLC., DBA: Muraski located at 1491 Stillwater Boulevard; and WHEREAS, a public hearing on the new liquor license was held on October 18, 2005; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new On-Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 18th day of October, 2005 Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk '" ~ . . . I , . . . :water NOTICE OF PUBLIC HEARING NEW ON SALE LIQUOR LICENSE Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, October 18, 2005, to consider a new On Sale liquor license for C & G Sukopp, LLC., DBA: Muraski located at 1491 Stillwater Boulevard, Stillwater, MN, applicant Gary Sukopp. Diane Ward City Clerk Published in Stillwater Gazette on Thursday, September 29,2005 CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 ~ ,/ . . . .Ve llorandum To: Mayor and City Council Diane Ward, City Clerk 10/12/2005 From: Date: Subject: TRANSFER OF ON-SALE & SUNDAY FROM PEPITO'S DE STILLWATER TO BT DOYLE'S RIB JOINT The applicant has submitted an application for the transfer of the Pepita's license to BT Doyle's Rib Joint. As required, a public hearing must be held for the issuance of new and transfer of liquor licenses. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: Conduct the public hearing and should Council desire to approve the transfer of the On-Sale and Sunday liquor license they should pass a motion to adopt Resolution No. 2005- APPROVING TRANSFER OF OWNERSHIP OF THE ON-SALE & SUNDAY LIQUOR LICENSE TO BT DOYLE'S RIB JOINT, LLC, DBA: BT DOYLE'S RIB JOINT. ~ '" . APPROVING TRANSFER OF OWNERSHIP OF THE ON-SALE & SUNDAY LIQUOR LICENSE TO BT DOYLE'S RIB JOINT, LLC, DBA: BT DOYLE'S RIB JOINT. WHEREAS, request for transfer of ownership of the On-sale & Sunday Liquor License from Pepita's de Stillwater to BT Doyle's Rib Joint, LLC, DBA: BT Doyle's Rib Joint has been requested; and NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of Wine with Strong Beer liquor license conditioned upon filing all required documentation, approval by Police, Fire, Inspection Departments, and Minnesota Liquor Control. Adopted by Council this 18th day of October, 2005. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . .' . . . I" ~~.. 'water , - .:::::--- -=:::;; ~ ~ -\ --- .~ THE BIRTHPLACE OF MINNESOTA J NOTICE OF PUBLIC HEARING TRANSFER OF ON SALE AND SUNDAY LIQUOR LICENSE Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, October 18, 2005, to consider the transfer of an On Sale and Sunday liquor license from Pepitos of Stillwater, DBA: Pepitos to BT Doyles Rib Joint, LLC, DBA: BT Doyles Rib Joint located at 423 South Main Street, Stillwater. Applicant: Timothy and Barbara Doyle. Diane Ward City Clerk Published in Stillwater Gazette on Wednesday, October 5, 2005 Posted: Friday, September 30,2005 CITY HALL: 216 NORTH FOURTH ST!LLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ~ . MAGNUSON LA ,V FIRM . LICENSED IN MINNESOTA AND WISCONSIN TilE DESCII OFFICE BUILDfNG 333 1\:ORTH 1\1.\[:\ STREET. SUITE #202 . STILLWATER, MN 55082 TELEPHO:\E (651)439-9464 . FAX: (651)439-5641 DTMAG:\l.SON@MAGNUSONLAWFIRM.COM DA VID T. J\IAGi\l'SON MARGARET M. MURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 14,2005 RE: Park Dedication Ordinance Until recently, the standards for park dedication could be set forth in a resolution and until recently the statutes permitted a specific percentage of land area that could be extracted . from residential developments for park purposes. Because land has become increasingly more valuable, park dedication requirements have come under increasing scrutiny. The influence of several United States Supreme Court cases is revealed in the Minnesota Statutes that regulate dedication. The requirement that the City show an essential nexus between the dedication and the purpose sought to be achieved by the dedication, and that the dedication bear a rough proportionality to the need created by the proposed development, is almost word for word law that has been set down by the United States Supreme Court. A further requirement that cities be accountable is set forth in the statutory requirement that our regulations must be set forth in an ordinance, not in the more casual format of a resolution. You will notice that the proposed ordinance references certain pages from the Comprehensive Plan as a basis for our dedication requirements. In order that the Council be . fully aware of this background, I enclose with this memorandum copies of the pages of the Comprehensive Plan that are referenced by the Ordinance. ~ . You will note that this draft, prepared for the second reading, was amended based on a . Council direction given at the last meeting that if a Developer dedicates and builds trails, a cash payment will not also be required. The Ordinance, however, carries forward a requirement that was contained in our old policy that the land dedicated for trail is not counted in the percentage of land that must be dedicated for parks. It is this provision that so offends U.S. Homes. In conclusion, while all of this information is helpful, it is the City Council who must ultimately detennine the amount of land that must be preserved or dedicated. This is because the statutes are not specific with regard to the amount of land. The state statute provides, "The regulations may require that a reasonable Dortion of any proposed subdivision be dedicated." This is a Legislative decision and the City Council is the legislature of our City. Respectfully, David T. Magnuson Stillwater City Attorney . Inm Enclosure . 2 ~ I . CITY OF STILL\VATER ORDINANCE NO. AN ORDINANCE TO ESTABLISH PARK AND TRAIL DEDICATION 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. The basis for calculating the amount of land needed to be dedicated or preserved for the purposes set forth in this Ordnance; the essential connection between the dedication required by . this Ordinance and the purpose sought to be achieved: and tbe basis for calculating the .. \ proportional share of each development based on the burden to the City created by the increase . in population that will be generated by each development is as set forth in this Ordinance. In further explanation of the basis described in this paragraph, this Ordinance adopted by reference pages 8-1 through 8--6 of the Comprehensive Plan of the City, and the maps and drawings associated with those pages as if fully set forth in this Ordinance verbatim. It 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 ofland are appropriate. 3. RESIDENTIAL PARK LAND DEDICATION: Residential Park land as envisioned by this Ordinance is that land suitable for active park use, such as playgrounds and ball fields, or suitable for active play areas for small children. It is imperative, therefore, that the land be reasonably flat and in one contiguous parcel rather than . small scattered parcels. The amount of land to be dedicated is based on the proposed residential density using the net developable land area. The formula for land dedication: The greater of 1) proposed units per acre or 2) zoned density. Dwelling Unit Densitv 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 . - 2 - , J . . . Commercial 7.5% of net developable land area 4. RESIDENTIAL TRAIL REQUIREMENTS: In addition to the requirements of Section 3, the subdivider must dedicate and improve trails and trailways that are depicted for the property on the City's most current Comprehensive Trail Plan, or if not depicted on the Comprehensive Trail Plan, have the potential for connection to the Comprehensive Trail System. If trail dedication and construction is not feasible in the opinion of the City, the subdivider may pay a fee of $500.00 per unit in lieu of dedication and construction. The basis for requmng the dedication and improvement of trails m addition to the dedication of land for active parks is threefold. First, trails are normally 8 feet in width and therefore more than one mile of trial would need to be dedicated to equal one are of land. Further, trials are often dedicated and constructed within set back or yard space; or within natural areas or conservation easements; or land that is otherwise unbuildable, because of various restrictions. Second, trails are increasingly important as a means of transportation that is an alternative to the automobile. In this way, a trail is merely a street for pedestrians, and just as it IS permissible to require a developer to dedicate and construct streets for automobiles, it IS reasonable that a developer be required to dedicate and construct streets for people transportation, on foot or bicycle. Third, the trails within any development allow connection to the City net trail system. In this way, the residents of any new development increase the burden on the remainder of the City trail system. It is only reasonable therefore that any development provide trail access for the remainder of the City, since the remainder of the City will be burdened by the development. " - .) - '\ , 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. Plior 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. C. 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 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. G. 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 . - 4 - ,.. I . . . 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 above. H. The City, upon reVIew, may determine that the developer must create and maintain some fonn of private 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 Residential! Commercial Condominium Lot $2,000 per unit Duplexes $1,500 per unit Townhomes $1,500 per unit Multifamily $1,500 per unit - 5 - 't , 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 fommla: A. The amount ofland 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 detemlines to be needed to fulfill the purposes of this Subd. 6 shall be subtracted. 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 fommla 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 commercial/industrial land, including commercial/industrial portions of Planned Developments, shall be required at the time the site plan is approved and building permits 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 dedication within a development, the City shall require payment of fees in lieu ofland dedication in an amount equal . - 6 - . 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 pem1it approval as determined by the City. The City Council, upon reVIew and recommendation of the Parks and Recreation Commission, may review and determine 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 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. . - 7 - Adopted by the City Council of the City of Stillwater this day of 2005 Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk .. I Ci'~yo.~ Sti water Com-)re lensive ::> an . Parks, Riverfront and Trails December 12, 1995 Goal 2: Enhance and expand existing recreational facilities for Stillwater residents based on the recreational needs of the community and its neighborhoods. The Stillwater park system is characteristic of the city due to its early development and history. The initial parks plan was adopted as part of the first city plan in 1918 with the idea that well planned cities incorporate parks and green space for the benefit of its citizens. In recent years, the demand for recreational facilities and trails has increased. This is due in part to the need for "playfields" for organized activities such as soccer, football and baseball. These are community-wide needs which should be provided by the development of a community park system. Neighborhood parks are intended to provide recreational opportunities for the residents in the .immediate residential area. These parks are important elements of the city's open space system and add to the identity of Stillwater's neighborhoods. Trails are increasingly in demand due to the popularity of walking, jogging, skiing, biking and rollerblading. With growth pressures for urban development, the need for preservation of open space areas and ravines have been identified as a key issue by the community. Stillwater is fortunate to own a majority of the St. Croix riverfront. These lands should be maintained and enhanced for the benefit of the citizens of Stillwater and visitors to the St. Croix Valley. Goal 1: Provide a variety of parks and other leisure, recreational and cultural opportunities that are area accessible, affordable, safe, physically attractive and uncrowded for all Stillwater .residents. Goal 3: Provide both passive and active recreational opportunities for Stillwater residents. Goal 4: Provide safe and accessible parks and recreational facilities. Goal 5: Work with other local governments, the school district and Washington County to develop a St. Croix Valley recreation and facilities plan. Stillwater's parks are a key component of the city's open space system and give identity to the. various neighborhoods and the community. Parks can be differentiated from one another through variety of plantings, unique play structure, art/sculpture arrangement of sitting and picnic areas and types of organized play areas. An architectural theme and uniform signs or symbols can be used to tie parks together. Community parks serve a significant portion of the city by providing facilities and recreation activities beyond those supplied by neighborhood parks. These parks need to be planned for large-group activities. Parking, restroom facilities and picnic areas are key elements in the development of community parks. The future of the old athletic field and the Jaycee Ballfield will present a critical opportunity to add needed park space in fully developed neighborhoods. The city should obtain these sites from the school district if they become available and should prepare a plan for the park with neighborhood residents. Existing neighborhood and community parks are shown on the parks map. 8-1 Objectives, Policies and Programs Parks Standards Objectives: Bring the amount of Stillwater's park land into compliance with the city's adopted minimum standards (community park land at 3 acres per 1,000 population and neighborhood park land at 7 acres per 1,000 population). Provide a balance of recreation opportunities, including facilities to serve the varied interest of the population. Designate adequate park sites for the future development of the city. Upgrade existing parks. Provide for an annual evaluation, maintenance and replacement of recreational facilities. Policy 1: The city shall require all new development to dedicate land or pay a park fee according to the park dedication policy. Policy 2: The city shall obtain and develop new public parks at a rate consistent with new residential development. Policy 3: The city shall develop community parks consistent with growth of the city's population. Policy 4: As a standard the city shall strive to provide park facilities within one -quarter mile or less of residents living within the residential areas of Stillwater without intrusion of major physical barriers. Policy 5: The city will provide recreation activity sites to respond to the needs of a diverse population. These needs include ravine systems, trailways for pedestrians, joggers and bicyclists and non-traditional types of recreation such as habitat restoration projects, community gardens and rollerblading. Policy 6: The development of private sector recreation facilities in the appropriate locations shall be encouraged. Policy 7: Joint local government development of community recreation facilities shall be encouraged. Policy 8: The city shall consider the needs of the elderly and handicapped when planning new or redesigning existing parks. Program (1) As a part of the neighborhood planning process inventory residential park needs and accommodate neighborhood park locations.. Program (2) The city shall study and pursue various means of funding the acquisition, operation and maintenance of park, open space trail, and recreation facilities. BASIC GUIDELTNTS FOR COMMUNITY PARK Myr,KLOPME Population: A minimum of three 'acres of community parks per 1,000 population' ��: mi Location:. Oil an arterial. (Comnluniity Pa"rk wa traffic generators -and it is city policy to discourage through traffic in neighborhoods.) Design: Provide parking Oki -site... Include bikeways that connect to t6`:i" bil.e►vav system. a.• C,'ollnect to the city's open space nctwnrk. ". Promote -safety through lighting and ;desig ;# t rualces all parts of the park- ubscivable4a 6—,- r r of :i patrol c:zr.' Some paths'slibuId be; de' i use -:of - patrol .car as well as far: bie. pedestrians. - Use: Address recreation heeds as d6or i through a lieriodic park:�user survey; eiily=ra id analysis or through.a joilit powers. effort w fli ether CoIll"lunitles. A. Program (3) Complete the River Front Park Master Plan which includes the Aiple Property and Kolliner Park. Program (4) Locate a community park facility in the Business Park area. Program (5) Acquire and develop land west of Long Lake in the URTPA area for community park purposes. Insure pul assess and views of the lake and provide pedestrian paths along the Long Lake and Brown's Creek. 8-2 " I Program (6) Coordinate city park development with school planning to support joint use of facilities. . Efficient Use of Facilities Objectives: Maximize opportunities for the joint use of public land and facilities such as schools, detention ponds and area under the jurisdiction of other public agencies that have land available for possible recreation purposes. Maximize the extended use of existing public facilities for year-round and evening use. Policy 9: The city shall work with the school districts in identifying and evaluating the potential for park acquisition of school sites which might become surplus school lands. Because of the open space already associated with school sites, they are ideal sources of additional park land. A priority for the reuse of surplus school sites and existing athletic fields should be for park or recreation purposes. . Program (7) Consider cooperative efforts with the school district, public utilities and the city in order to develop parks, retain open space areas and recreation facilities and provide programs. The city will benefit by identifying recreation areas that are owned by school district or other public entities and seek permission to use those lands for recreation programs or facilities. Program (8) Develop a list of available public park facilities. Periodically update and distribute this list to community groups. Program (9) Work with the school district to establish the joint use of land for park purposes at Washington School. Program (10) Develop and implement a program for year- around use of some recreation facilities. Program (11) Explore methods to implement the URTPA park and trail system with Stillwater Township and Washington County. . Park Location and Design Objectives: Locate new neighborhood parks in areas not necessarily adjacent to schools in order to better distribute urban open space and to enhance neighborhood identity. This is especially applicable in the South Hill and Oak Glen planning areas. Design park and recreation facilities to serve the recreation and social needs of residents of all ages, economic situations and physical abilities. Design parks to enhance neighborhood identity and character as well as to serve recreation functions. Policy 10: Residential developments adjacent to parks or open spaces should be encouraged to provide direct access to and common open space contiguous with such areas. Policy 11: In considering the location and redevelopment of parks, the city shall select sites based on maximum accessibility, proper topography and visibility (for the safety of park users). Policy 12: The city shalf promote private open space and recreation facilities in large-scale residential developments in order to meet a portion of the open space and recreation needs that will be generated by the development. Policy 13: In the design and maintenance of parks, consideration should be given to impacts on wildlife. In particular, it should be recognized that native plant species may be best suited for providing wildlife cover and food sources and that herbicides, pesticides and fungicides may be damaging to native plants and wildlife. Program (12) Establish a volunteer program to help maintain and enhance neighborhood parks. Add landscaping, sculptures and seating. Val}' the landscaping, improvements and construction materials used in different parks to help establish park and neighborhood identity. Program (13) Use the development planning review process to provide private open space and recreation facilities. Program (14) Use subdivision regulations and the development review process to locate parks in central secure portions of subdivisions and to promote the safety of park users in the design of parks. 8-3 BASIC GUIDELINES FOR NEIGHBORHOOD 194AN S row' Population: A minimum of seven acres of neighborhood parks per 1,000 population. Location: Located near the center of neighborhoods or near a distinctive natural feature such as a hill or waterway. A`maximum service area radius of one -quarter mile. Not on arterial streets. Use bikeways and pedestrian pathways to provide access to the parks from all adjacent residential areas_ identify sites for parks at the outset of a given 56bdi►iision process rather than accepting a 1bsidual piece of land. Design; Differentiate neighborhood parks from each oth+rr through variety in plantings, ay structures, use of sculpture, arrangementcif sitting areas, use of water, variation of terrain and facilities provided.. Use neighborhood park location and design to .create neighborhood identity in new areas. Promote safety of park users. Address srecreation needs of the neighborhood ` determined through specific neighborhood 2Y park planning Program (15) Establish a regular patrol of parks to provide for the safety of park users. Program (16) Create a park logo and a consistent design for park signs and furniture. Program (17) Develop neighborhood park plans based on the following priority list developed by the Park and Recreation Board. These plans will reflect the neighborhood input into the planning process. Park Improvement Priorities N_eiahborhood Parks Staples Field Schulenburg Park Sunrise Park Pioneer Park Triangle Park Meadowlark Park Washington Park Ramsey/Grove Park Northland Park Community Parks Lily Lake Northland Park Program (18) Develop the plans and specifications for Lowell Park improvement as part of the implementation of the Lowell Park Plan. Program (19) Implement the Lily Lake Master Plan. Program (20) Schedule and budget park improvements through the Capital Improvement Program. Trails and Pathways The city is working with the metropolitan council, Washington County and private developers to establish a trail system in and adjacent to the City of Stillwater. The network will be part of the open space system connecting residential areas, neighboring communities such as Oak Park Heights, Bayport and Stillwater Township and provide access to the state trial system. The trails map shows proposed trailway locations. Objectives: Designate an extensive network of trails and pathway corridors. Preserve and provide visual access through trail location quality to landscapes. Provide alternative means to reach city part, county parks, regional parks, state parks anu other community destinations Preserve and enhance public -owned ravines Maximize the city's recreation opportunities. Policy 14: Bikeways, hiking trails, equestrian trials, rest areas and picnicking accommodations should be provided within designated trail corridors, wherever feasible. Policy 15: The city should control land development along designated trails and pathway corridors in order to provide sufficient right of way and to ensure that adjacent new development does not detract from the scenic and aesthetic qualities of the corridor. Policy 16: When new development occurs adjacent to a designated trail and pathway corridor, the city should require the development to install and maintain the trails. Policy 17: The design, construction and management of trails and pathways should be carefully planned and executed in order to minimize environmental disturbance. Policy 18: Public improvements within designated trails and pathways corridors should be designed to provide safe and secure routes for trials, including grade separation between roadways and trials whenever feasible. Policy 19: The city should promote cooperative interagency planning of pathways, bikeways and equestrian trails. Policy 20: Encourage the incorporation of trails and pathways into corridors used for public and utility purposes. Program (21) Implement the trails and pathways corridors plan. A'�fir'a is a i i d Pathways Corridors Plan should include: All routes that will contribute to the open space and pathways system. The -design of bridges and other public improvements to provide safe`.and secure routes for trails, including grade separation of roadways and trails whenever feasible. Timing and .funding for trail and pathways improvements. Standard for construction to minimize environmental disturbance. A delineation of the relationships among the city, the county, public utilities and private developers who are building adjacent to the corridors network. Stillwater Riverfront In 1992, Stillwater prepared a master plan for the renovation of Lowell Park. This plan also included a preliminary study of other city owned riverfront properties including Kolliner Park and the Aiple properties. Objectives: Develop a park system along Stillwater's riverfront for the enjoyment of Stillwater residents and visitors. Preserve, enhance and restore Lowell Park based on its setting, recreational uses and historic integrity as contained in the adopted Lowell Park Plan. Preserve the natural environment of the AiK properties and Kolliner Park while providing recreational opportunities as a part of the city's riverfront park system. The existing Stillwater/Houlton lift bridge will provide vehicular and pedestrian access to Kolliner Park. This is an important connection in the park system and should be saved. Policy 21: The city should develop a trail system to connect the Aiple property to downtown Stillwater and Kolliner Park. Policy 22: The land north of downtown along the St. Croix River should be acquired for park purposes. Policy 23: The city -owned Aiple property and Kolliner Park shall be preserved for park and river open space purposes. Program (22) Prepare detailed park plans for the riverfront properties based on the concept plans developed as part of the Lowell Park Plan before they become available for use (1992). Program(23) Renovate and expand Lowell Park (in phas_., as financing is available) according to the Lowell Park Plan. 8-5 .44 i ~ wa ~er COMPREHENSIVE PLAN MAP - i - - - - - .. - - - .. - .. -! SOUTH ~i}-\" - - ~i - .. i \ (<(:) i~1;'=1! '. ~ ~>, ..' .. L\il~l ~ ~~!~~-- I "'-~"'"'- I ~. i . ~ I ~ ! (-Jr ~?~'\J> I \,,- ~/\ ~"-'i'~'" (? '" .. · .- ~ll'4;J';;,r ~ I ~ I,", ~.'D · -, i~-' 1 I /"'?'fL' '\ ~ ic~ ) -o~J? · ! ./ ~ L --i~L 'iT.) ~ -""-.-/ ( \ \. "l~!~? \~1.;<,,:, · ~ ~ V~) i Vlat[,.......,."",."... I ~ """"""",., i ~dmtH 1 . .i <> <J VIr - ~ ~ ~o) ~.., ,..t;. P I 5 . ~.. "I( j '~V....~ / \ fj 'l/rl. l'tl J '"' d ..f \,' 0/~i . t " i /} .y..} ~N j =--' r j) i ! \)\-,f t , . , (\\ I r · 1" = 2500' I , I \ .... 11/9/95 I .. L_, . " ;:) " I A- I I . ....-.-. sw005BAA - JH -1995, Insight Mapping &. DemognphlCll, Ine. NEIGHBORHOOD PARK SERVICE AREAS _ PARK . 1/4 MILE DIA. ]!wa(er - ~~eighborhood & Community Parks - . -;] II o SWlllOAAA . JH -1995, Insight Mapping &: Demographics, Ine. City of Stillwater Community ~lopment Department. LEGEND: II Neighborhood Parks II Community Parks o Water . 1\' City Limits 1\' Expansion Area Limits 1 . ~ 4 ~ . .~ wa'_~er ). .. - COMPREHENSIVE PLAN MAP - . ~-Y} ._."\~ / 0, ,,-Yq / /'p( t-... 0 } -... \/~ I \, 1/ /;{>,! .;) // if! - p' {/ t /j' ." ! /; .1 I) I} N fr.. 11 " j, \) ~,r '1 I. ~ \~\, ~ r; 1'" = 2500' ~<> \ ~. 11/9/95 sw005BAA - JH -1995, Insight Mappmg &: Demographics, Inc. BIKEWAYS - PATHWAYS ... STATE TRAIL ...' COUNTY TRAIL 111111111 CITY STAIRWAY ----, CITYPATffiVAYIBIKEWAY ...... CITY PATHWAYS ~ LINEAR PARKWAY . ProgrCim (2'4) Develop plans and specifications for Lowell f Park. Program (25) Maintain the StillwaterlHoulton Bridg>e as a . link and pathway connection to Kol/iner Park and other Yerway park areas. ./ - -- ._~ . PEDESTRIAN PATHWAYS PROVIDE PEDESTRIAN ROUTES CONNECTING ALL HOUSING UNITS TO NEIGHBORHOOD CENTERS. NEIGHBORHOOD CENTERS TO ADJACENT NEIGHBORHOOD CENTERS, AND EYENTUALL Y TO THE COMMERCIAL CORE (DOWNTOWN). PROVIDE PATIiWAYS WITH ADEQUATE SIGNAGE. LANDSCAPING. AND MAINTENANCE PROGRAMS. ROUTES THROUGH PARKING LOTS OR AT TIiE REAR OF RESIDENTIAL DEVELOPMENTS SHOULD BE AVOIDED. 8-6 ~ I . . . STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF \V ASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Jeff and Heather Swanson Case No. SUB/V/05-41 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on October 4, 2005 at the Council Chambers in City Hall on the Application of Jeff and Heather Swanson ("Applicants") for approval of a variance from the lot size requirements of the zoning regulations of the Stillwater City Code. At the Hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the Applicants, the Staff report and minutes of the Planning Commission, maps of the property in question, testimony of adjacent neighbors and other members of the neighborhood and the Planning file prepared by City Staff for the Application, which included: (a) Plat of survey showing the property location, boundaries, and dimensions; and (b) A drawing showing the location of existing and proposed structure including height and setback dimensions; and ( c) A sketch of the front elevation of the proposed home. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. The prope11y described as Lot 6, Block 7, Carli & Schulenberg's Addition, has been historically shown on City maps and County maps as having a description of 100 feet by 150 feet or, 15,000 square feet. 7,500 square feet is required for a single family lot size in the District 2. A recent survey revealed that the lot is actually 149.94 feet by 99.22 feet or 14,982 square feet in area and, if the lot were to be divided in equal parts, 2 variances would be needed, one for each lot of7,491 square feet. The proposed single family home (the "Structure") is proposed to be located on a lot that has an area of6,447.5 sq. ft. and 7,500 sq. ft. is required. 3. One single family home (the "Structure") is located on the lot. 4. The property was a separate parcel and was held in the name of the Applicants' .. , . predecessor in title for many years and in recent memory, has been used as yard space for the . home. 5. That it is a hardship that the parcel is within 18 square feet of being of a size that would allow subdivision into 2 lots without a variance. 6. That evidence was presented by the Applicants that a hardship exists with regard to the subject parcel as required by the City Code or Minn. Stat 9462.357, subd. 6(2). 7. That the hardship exists, and it is a hardship not created by the Applicants. 8. The proposed development is compatible with adjacent property. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the variance to the lot size requirement will not constitute a special privilege to the Applicants. - 2 - . ..to I , . . . 3. A vanance to the lot size regulations as requested in the Application, IS In harmony with the neighborhood and will not decrease property values in the area. 4. That based upon the findings, the proposed variances to the Zoning Ordinance will not be a detriment to adjacent property, will not frustrate the purpose of the Zoning Ordinance, and violates the spirit of the guide of the Comprehensive Plan. ORDER IT IS HEREBY ORDERED 1. The variance to the lot size is granted for one parcel of 7,482 square feet so that the remainder of the lot will be conforming. 2. That the variance is granted subject to the condition that the applicant must apply for and obtain a City Design Review Permit. 3. That the existing garage on the property be removed before a Certificate of Occupancy is issued for the new dwelling house. Adopted by unanimous vote ofthe City Council this 18th day of October, 2005. CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, Clerk - 3 - '\. \ " . APPROVAL OF RESOLUTION ADOPTING FINDINGS OF FACTS, CONCLUSION AND ORDER RELATED TO THE APPROVAL OF 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 (CASE NO. SUBNI05-41) WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order justifying decision on to the 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; and WHEREAS, the City Council has given full consideration to all the evidence presented and due consideration, resolves as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding justifying decision on the approval 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, are accepted and adopted. . Adopted by Council this 18th day of October 2005. Jay L. Kimble, Mayor Attest: - - Diane F. Ward, City Clerk . #' / . . . STATE OF l\lINNESOT A CITY OF STILLWATER COUNTY OF \V ASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Scott Junker Case No. SUB/V/05-54 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on October 4, 2005 at the Council Chambers in City Hall on the Application of Scott Junker ("Applicant") for approval of a minor subdivision and variance from the lot size requirements ofthe zoning regulations ofthe Stillwater City Code. At the Hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the Applicants, the Staff report and minutes of the Planning Commission, maps of the property in question, and the Planning file prepared by City Staff for the Application, which included: (a) Plat of survey showing the property location, boundaries, and dimensions; and (b) A sketch of the location of the proposed homes. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. The Applicant has a legal interest in the lot. 2. It is proposed that the lot (the "Lot") be split into two lots, 10,000 square feet (Lot A) and 12,500 square feet (Lot B) (10,000 sq. ft. of developable area is required for each lot). ~ \, The property consists of a 22,500 square foot lot. However, 9,000 square feet of Lot B exceeds . the slope restrictions of 24%, leaving approximately 3,500 square feet of buildable area. 3. That no evidence was presented by the Applicant that a hardship exists with regard to the subject parcel as required by the City Code or Minn. Stat. 9462.357, subd. 6 (2). 4. That if a hardship exists at all, it is a hardship created by the Applicant who proposes to use a parcel in a manner prohibited by the Ordnance and who acquired an interest in the property knowing of the restrictions on slope development. 5. Use of the entire parcel for yard space for the existing home on Lot A lS reasonable use. 6. The proposed development is not compatible with adjacent property. 7. That the Applicant's subdivision of the parcel into two lots is not a reasonable use of the property. . CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the variance to the lot size requirement will constitute a special privilege to the Applicant. 3. A variance to the lot size regulations as requested in the Application, is not in harmony with the neighborhood. 4. That based upon the findings, the proposed variances to the Zoning Ordinance will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance, and violates the spirit of the guide of the Comprehensive Plan. . - 2 - -<' . . . ORDER IT IS HEREBY ORDERED 1. The minor subdivision and variance to the lot size is hereby denied. Adopted by unanimous vote of the City Council this 18th day of October, 2005. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk " - .:l - ~ . APPROVAL OF RESOLUTION ADOPTING FINDINGS OF FACTS, CONCLUSION AND ORDER RELATED TO THE DENIAL 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. SUBNI05-54) WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order justifying decision on 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.; and . WHEREAS, the City Council has given full consideration to all the evidence presented and due consideration, resolves as follows: 1, That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding justifying decision on the denial 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., are accepted and adopted. Adopted by Council this 18th day of October 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . ~ . . . STATE OF MINNESOTA CITY OF STILL\VATER COUNTY OF \V ASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Richard and Leah Peterson Case No. SUB/V/05~55 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on October 4, 2005 at the Council Chambers in City Hall on the Application of Richard and Leah Peterson ("Applicants") for approval of a minor subdivision pursuant to the subdivision regulations of the Stillwater City Code. At the Hearing, the City Council considered the report of Steve Russell, the City Community Development Director, testimony and exhibits submitted by the Applicants, the Staff report and minutes of the Planning Commission, maps of the property in question, testimony of adjacent neighbors and other members of the neighborhood and the Planning file prepared by City Staff for the Application, which included: (a) Plat of survey showing the property location, boundaries, and dimensions; and (b) A drawing showing the location of existing and proposed structure including height and setback dimensions; and ( c) A sketch of the front elevation of the proposed home. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: ~ FINDINGS OF FACT . 1. The property described as Lot 2, Block 1, Cochrane's Long Lake Addition, is a parcel containing 67,830 square feet. The property is zoned Lakeshore Residential (LR) and 20,000 square feet is required for a single family lot size in the District 2. The proposal is to create 2 lots, both of which meet the lot area requirements and all setback restrictions of the Zoning District. One proposed lot is 20,858 square feet and one lot is 46,972 square feet. 3. The proposed subdivision is pennitted in the Zoning District and is compliant with City regulations. 4. That no variances are needed to accommodate the proposed subdivision. CONCLUSION OF LA \V 1. That this matter was properly before the City Council pursuant to the procedure . set forth in the City Code. 2. That the subdivision is permitted by the zoning and subdivision regulations of the City. ORDER IT IS HEREBY ORDERED 1. The Subdivision, as proposed, is approved subject to the following conditions: (a) A grading, drainage erosion control plan must be prepared by the applicant and approved by the City Engineer. Erosion control measures must be installed before site grading; (b) Forester; Trees in proximity to grading areas must be protected as required by City (c) An easement must be created and recorded with the subdivision providing for a shared driveway access to Lots A and B with shared maintenance (this easement . must be reviewed and approved by the City Attorney before recording). - 2 - ~ . . . (d) The new residence must connect to City sanitary se\ver and water services in adjacent Mid Oaks Avenue; and ( e) Required development impact and park dedication fees must be paid before plat recording, or before deeds creating the subdivision are recorded. Adopted by unanimous vote of the City Council this 18th day of October, 2005. CITY OF STILL\VATER Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk " - .) - APPROVAL OF RESOLUTION ADOPTING FINDINGS OF FACTS, CONCLUSION AND ORDER RELATED TO THE APPROVAL OF A RESUBDIVISION OF LOT 2, BLK1 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 (CASE NO. SUBNI05-55) WHEREAS, based upon direction given by the City Council, the City Attorney has drafted Findings of Fact, Conclusions of Law and Order justifying decision on 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; and WHEREAS, the City Council has given full consideration to all the evidence presented and due consideration, resolves as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding justifying decision on the approval 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., are accepted and adopted. Adopted by Council this 18th day of October 2005. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk ~ . . . 10/13/05 15:03 MRGNUSON LRW FIRM ~ 4308809 NO.465 [;102 . M4.GNUSON LAW FlR1\1 LICENSED!N MTNNESOT A ,A.ND WISCONSIN THE DESCI-! OrFICE DUlL DING 333 NORnr M.p. I!' STREET' SUITe #202 . PO Box 438 . STIUWATEft MN 550B2 TWoPHO'-;E: (65\) 439.9464 . F....": (65\)439-5641 DAVID T. MAG:'\VS01\' MARGARET M. MURPHY 1VIEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 13, 2005 RE: RequesT for City Policy on Riverviel,v Drive Sewer Service . At the last meeting the City Council directed that staff work on a suggested policy for communication to residents along Riverview Drive that currently have septic systems in an area that has not been feasible to serve with municipal sewer. First, City policy regarding hookups only deal with a mandatory hookup when sewer service is available in an adjacent street. 111ere is currently no policy, either established by ordinance or resolution, that deals with a required connection to the City sewer when a septic system fails and municipal sewer is unavailable, It would seem that a three pmt analysis is necessary. First of all, if we assume that it would be preferable to have connections to the sanitary sewer system rather than a septic system the accessibility of connection is a threshold determination, Next, we must ask, is the project feasible? To aid in this analysis, it would be helpful to reference the lill1guage of Chapter 429 of Minnesota Statutes dealing with local improvements, This Statute provides that before an . improvement can be ordered the Council "shall secure from the City Engineer or some other competent person of its O"\\TI selection a report advising it in a preliminary 'xay as to whether the . ,--~ ~ , ,-.- T , ":: ~ - 1121/13/05 16:03 ,'18C;,'JUSmJ LPGJ FIRM -0- 4308,9[39 ~jO. 465 D0:: proposed improvement is necessarv. cost effective and feasible" During the North HilI Project, . Klayton's staff determined that it would not be feasible to provide service to the Riverview Drive Area for the reasons explained in his Memorandum of September 29th. Once feasibility is determined, the next factor in the analysis should be whether the septic systems can be replaced either with a new modern system or through the use of a mouIld system at a lesser cost than sanitary sewer. If less costly improvement or reconstruction of drain fields or a mound system would be safe and sanitary for the property oVlller and the City, allowing the reconstruction of a new drain field might make sense, but as an exception or variance from the overriding policy that hook-up to sanitary sewer is preferable. A further consideration for the Council: A formal feasibility study at this time would be advisory and perhaps expensive to prepare. Klayton's analysis, made during the North Hill ProjecT, should suffice for now, as long as circumstances remain the same. Perhaps, however, . the City should now pursue the obtaining of an easement that was the deciding factor for not providing sewer during the North Hill Project construction. Perhaps the acquisition of this easement, when an emergency is not present, might make a project feasible in the future when an emergency would require that it be done at great expense to the City that goes far beyond the assessable increase in market value of each home. Respectfully submitted, ~ ~ David T. Magnuson DTJ\.1Jjmo . 2 Ii l <(" . . . MEMORANDUM TO: Mayor and City Council Klayton Eckles, Director of Public Works \C f' DATE: October 14,2005 FROM: SUBJECT: Community Conservationist Award DISCUSSION The City of Stillwater was recently nominated for the Minnesota Association of Soil and Water Conservation Districts/Minnesota Pollution Control Agency annual Community Conservationist award. Our local Washington Conservation District nominated us for this award. The attached letter from MASWCD indicates that the City of Stillwater is this year's winner! The award recognizes our efforts to implement conservation practices throughout our community. Projects such as the Mckusick Ravine and Trout Stream Mitigation Project as well as our erosion control efforts, and water quality improvements in the industrial park all contributed to our obtaining the award. The city will formally receive the award on December 5th at the annual convention ofMASWCD held at The Bloomington Sheraton. There will be an award luncheon at 11 :30. I will plan on attending, and can make arrangements for any Council members that might wish to attend as well. ~ OFFlCE!{S c..\I.{PL 11Hz!; L01\1 )If 1 1),,\ .:'~::' (-;1\1:(: 1$ ll(jF:R LEY\:'..: Hl:C" SUI",' SI, FeIUI. \1'\' ,,_~~ 'I) I h_~ ; Dll{ECTOK" '\rc,) ) ;\rl':l_ MAI\l: SCil-\ki 1-1\\\"$ ;\tc'rrI,_ \J\! P!Wl1O;;> '\rl':1 \\JLLl\\l \.\\:\lU\ .\ r,'~ ,~ ~l"'n II UTU, Cl.\i\k. L1~CilH:LK 2(,\,')~ i\\'~' Cllll1frc'\. ~ti\"(){)]l) \;:. -'i"', '\rC:1 (1 (;RFC ROJCER 221 in Ikll1:1~C' Rn:HJ Sleepy L:,~'. \11'\ 1)0/) It)4-'''i~6 ..\rCI7 I,ALPIIIlRITER 1\1< .', rkn, .'=' L1KCCil;._ \1:'\ ."."ilql (h," Il'4_~-::(<;i 1 ;\n.\\ S 1U\1 SCHUL? r():.:~,~ Cl1liill\ Ri}:ill 2.' SehcK:\. ~\'1:\ ."(d!7 12 I\I\IEDIATE P,-\ST PRESHH::\T SCOI T HOESI STAFF Sill-II \ \ \ \.''\l. 1 ~ MA WeD . m'J'--' ~-'~r;';':!I: :~ _.~ti.!!.;;:I.-~"'"' ,~ ~. c "_ w. ~'- _ -,~~",.......~GL.! l\Iinnesota Assodation of Soil and \Vater Conservation Districts 790 Cbcbm! AH'IlUf South. Suite 20 I. St. Pau!. I\1N S5116 6S 1-690-9028 WW\v.1l13swcd.org October 7,2005 Klayton Eckles, City Engineer City of Stillwater 216 N. 4th Street Stillwater, MN 55082 651-430-8831 Dear Mr. Eckles; On behalf of the Minnesota Association of Soil and Water Conservation Districts (MASWCD), I would like to congratulate you for being selected as this year's recipient of the MASWCDIMPCA Community Conservationist Award. The MASWCD and Minnesota Pollution Control Agency (MPCA) recognize your outstanding accomplishments with implementing conservation practices in your community. The Washington Conservation District nominated you for this award. . We would like to present this award to you at the MASWCD Annual Convention. The presentation will be held during our Awards Luncheon, Monday, December 5, 2005 starting at 11 ;45 a.m. This will take place at the Sheraton Bloomington Hotel, 7800 Nonnandale Boulevard, Bloomington MN 55439 (952-835-7800). You will receive two complementary luncheon tickets, which will be available at the registration desk on the second floor. Enclosed is an agenda highlighting c.onvention activities. You are welcome to attend any of the sessions. If you have any questions or are unable to attend, please feel free to contact our office at (651) 690-9028. Congratulations again, and best of luck with your continued efforts with promoting conservation in Minnesota. Sincerely, ~1/~ Sheila Vanney Assistant Director Enclosure (convention program) . cc: Don Jakes, Minnesota Pollution Control Agency Jay Riggs, Washington Conservation District r . . . CONSERVING AMERICA'S HEARTLAND-- CHANGING ROLES IN CHANGING TIMES 1VIASWCD 69'h ANNUAL MEETING AND 15th ANNUAL TRADE SHOW DECEMBER 4-6, 2005 SHERATON BLOOMINGTON HOTEL - MINNEAPOLIS SOUTH, BLOOMINGTON, MINNESOTA SUNDA Y, DECEMBER 4,2005 5:00 -7:00 p.m. 7:00 p.m Registration Open Reception · Join MASWCD President Carol Berg and other MASWCD Board Members for a welcome reception. MONDA Y, DECEMBER 5, 2005 6:30 a.m. - 8: I 5 a.m. 7:00 a.m. 8 :25 a.m. -- 10: 15 a.m. Carol Berg 9:00 a.m. - 4:00 p.m 9:]5 a.m. - 10:]5 a.m. Ron Schara 8:00 a.m. - 5:00 p.m. 9:00 a.m. - 4:45 p.m 10: 15 a.m. - 10:45 a.m. ] 0:45 a.m. - ] I :30 a.m. I ] :45 a.m. - 1:45 p.m. Hospitality Room - Poolside - Open to all convention attendees Registration Opens Opening Ceremony and Business Meeting - Monday business meeting wil1 have reports & introduction of business only - al1 voting wi11 take place during the Tuesday business meeting · Presiding: Carol Berg, MASWCD President · President's Report, Carol Berg, MASWCD President · Introduction ofMASWCD Committee Chairs · Introduction ofMASWCD Resolutions, Loyal Fisher, MASWCD Vice President · Introduction of New Business, Loyal Fisher, MASWCD Vice President · Finance Committee Report, Greg Roiger, MASWCD Secretary/Treasurer Press Room Open to all convention attendees Keynote Address - Ron Schara Ron Schara's soft spoken but direct delivery, and appealing on-camera image, have made him a popular resource as an all-purpose, outdoor/naturalist commentator for many Minnesota radio and television stations. This includes his own program, Minnesota Bound, which airs weekends on KARE 11 TV/NBC. Ron's national program, Backroads with Ron & Raven, airs on The Outdoor Life Network and has consistently been one of the highest rated shows on the outdoor block. He also host's The Outdoor Beat on ESPN 2. Whether writing a newspaper story, or preparing for radio or television programs, Ron prides himself in letting tbe story happen through those who live it and simply allow himself to be the guide to discovery. Hear about Ron's passion for Conserving America's Heartland, his observations on how times have changed the way we use and value our natural surroundings, and how soil and water resource managers can change their management techniques to meet these challenges. Trade Show Open Silent Auction Open in the Trade Show Area Refreshment Break in the Trade Show Area Panel Discussion: Moving Forward with Addressing Minnesota's Clean 'Vater Legacy & Nonpoint Source Pollution A broad coalition of partners, including MASWCD, produced a consensus policy framework that defines the scope for Minnesota's clean water effort to address the federal Clean Water Act requirements. The proposal outlines strategies for testing, studying and restoring Minnesota's polluted waters and protecting clean water. Policy recommendations include encouraging local leadership in implementation and accountability with state level coordination. You will hear from legislators and policy leaders on the next steps needed to protect our water resources. Awards Luncheon . ~ . . ~1innesota DNR Division of\Vaters i\.ppreciation l\\vard MASWCD/DNR Outstanding Forest Steward Award MASWCD/MPCA Outstanding Community Conservationist Award Outstanding District Employee Award, sponsored by the Board of Water & Soil Resources MASWCD Media, Environmental Education, & Outstanding Supervisor Awards . . . lYIAGNUSON LA \V FrRl\l LrCENSED 1:\ MINNESOTA AND WISCONSIN TilE DESCH OFFICE BUILDfNG 333 NORTH MAIN STREET. SUITE #202 . STILLWATER, MN 55082 TELEPHO!\iE: (651) 439-9464 . FAX: (65 I) 439-5641 DTI\lAGNUSON@MAGNUSONLAWFIRM.COM DA VID T. IVIAGNUSON IVIARGARET 1VI. IVIURPHY MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 14, 2005 RE: Millbrook Park Dedication Dispute Millbrook argues that the City's park dedication requirements are excessive, since we do not consider the acreage of public trails as counting toward the dedication of park land. Millbrook argues that our park dedication requirements are 10.8 acres and they are actually dedicating 13 acres, including 7.2 acres of parkland and 6 acres of trails. Staff has reviewed the claim that 6 acres of trails are dedicated in the proposed plat. The engineers measured 15,150 lineal feet of trails, however, this includes not only the public trails proposed for this site, but private trails as well. If we assume all of the trails are public, however, and if we assume an 8 foot right-of-way, there is actually 2.7 acres of trail. More importantly, the maps of Millbrook show why trails should not be included in the gross area required to be dedicated for parks. Most, if not all, of the public trail is within the setback areas for the lake and from Brown's Creek, low areas that are needed for wetland buffering or ponds, land that is already restricted by regulation and cannot be used for buildings. 1 f the Council would advise the developers that the areas devoted to trails are not computed in the area required to be dedicated for active park purposes in the Millbrook Development, the matter should be concluded. The developers could then either begin a submittal process following the City requirements, or weigh other options. Respectfuil y, M~\;\~ David T. Magnuson Stillwater City Attorney Inm eMEMO To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director il-- October 12, 2005 Request by US Homes, developer of Millbrook Project (Palmer Property) for Workshop to Discuss the City's Park Dedication Requirements This item was tentatively scheduled for public hearing on the development concept plan for this meeting but because of the challenge to the park dedication ordinance, presented to the City Council for consideration of the developer's request for a workshop. For the past year, the City Engineer and myself have worked with representatives from US Homes on plans for the Palmer Property. So far, a development concept has been prepared and reviewed at public hearings by the Planning Commission (5-31-05) and Park and Recreation Commission (6-27-05). These bodies recommended the development concept with conditions (see attached minutes). One condition states that 10% of the development site be set aside as City park land. The current plan show a 7.2 acre park, 6.6% of development site. ~ince the Planning Commission and Park and Recreation Commission public hearings, staff has tried to work with the developer to modify plans to meet the 10% dedication requirement. This effort has resulted in study of various park alternatives and the attached letter questioning the City's park dedication requirements and application of the requirements to the Millbrook Project. At this point, the developer is requesting a Council Workshop to discuss and clarify the City's park dedication requirement for the Millbrook Project (see attached letter). The developer's request is not typical of the way staff tries to work with developers in formulating project plans consistent with City development regulations and engineering standards. When the developer was before the Parks and Recreation Commission, they indicated they would come back to the Commission with alternative park plans to meet the City's park dedication requirements. This has not been done. The developer has in fact decided to challenge the regulations. The issue before the Council is to set a workshop on park dedication requirements as it relates to the Millbrook Project or confirm the City's park dedication requirement and direct the developer to modify concept development plans accordingly. .nce the park dedication requirement issue is resolved the Millbrook concept development plans can return to the Council for a public hearing and project decision. Attachment: Letter from Christopher Hood, Attorney for US Homes 10-10-05. . . FLAHERTY & HOOD Professional Association October 10, 2005 Steve Russell, Community Development Director City of Stillwater 216 N. 4th St. Stillwater, MN 55082-4807 VIA MESSENGER Re: Millbrook Development Dear Mr. Russell: . Please find enclosed the latest concept plan for the Millbrook Development. We believe this plan is comprehensive and meets the City's requirements as contained in applicable City ordinances. We look forward to the presentation of this plan to the City Council on October 18, 2005. Prior to the City Council meeting on Oct. 18, we request that the city review the plan for completeness and provide U.S. Home with a written recommendation, which will also be submitted to the City Council on the 18th, that the plan as proposed is acceptable to staff and meets the City's requirements, including all of the land dedication requirements contained in the City's Park and Trail Policy, both existing and as proposed. Thank you for putting together your detailed list of park improvements for recent developments within Stillwater showing that park, trail and other improvements have routinely been approved in other developments within the community and counted for land dedication purposes in meeting the requirements contained in the City's Park and Trail Policy. As noted in your comments, various credits have been given for Private Amenities, Improvements to Public Lands, Trails, Sidewalks, Natural Open spaces, and wetlands. This issue, as you know, has been the source of much dispute, and we are happy that the City now recognizes that trails along with other amenities including park land have been counted in the past for purposes of calculating the amount of acreage necessary to meet the City's land dedication requirements. We believe that your comments finally put this issue to rest, and we are pleased that City staff is in agreement with us on this issue so that the Millbrook concept can now move forward. . 525 Park Street + Suite 470 + St. Paul, MN 55103 + (651) 225-8840 + Fax (651) 225-9088 . f . We believe had we had this information when we started the design of this project, it would have avoided a lot of misunderstanding, and we would likely be building homes today at Millbrook. The enclosed Millbrook proposal contains the largest new neighborhood park in the City, miles of trails, miles of sidewalks and acres and acres of preserved natural open space and wetlands. This is a fantastic development plan for the City and the result of the hard work that you and others in the City in working with u.s. Home have been able to achieve. The proposed acreage for parks and trails alone (excluding open space and wetlands) far exceeds anything Stillwater has ever reviewed and approved and exceeds the land dedication requirements in the City's Park and Trail Policy. Regarding context, the amenities contained in this proposal are appropriately preserved or located and the housing sets sensitively within them. . The enclosed plan does not specially address the Parks Board and Plmming Commission recommendations, because those recommendations were based on a prior misunderstanding of the law governing applicable land dedication requirements that can be imposed through the City's Park and Trail Policy upon the Millbrook Development. We are sure that the enclosed proposal meets the intent of these prior approvals and does not present a material difference from what was previously approved. To the contrary, the enclosed proposal clearly meets the City's ordinances and is consistent with the fair and objective application of such ordinances, as indicated in your comments, to other developments throughout the City. Also, given your memo and comments regarding other developments in the City, the enclosed plan adheres to the park and trail requirements applied to these other developments and state law, and as a result, we do not show additional parklands beyond those recommended in the enclosed plan. If the City wants to discuss changes to the plan, an option is to deemphasize trails and natural areas by eliminating public access to natural areas through trails and that land could then be put back into parks thereby continuing to meet the City's stated land dedication requirements. Another area that we would like clarified is the trail along the South side of South Twin Lakes. This trail appears to not have been formally adopted and added to the comprehensive plan. We think this trail has some significant environmental problems, which U.S. Home believes to be problematic. If the City feels this is an important trail link, we will provide an easement, but the trail will need to be constructed by someone other than US Home given the steep slopes. We concur with the designers of the current comprehensive plan, if we are environmentally responsible, this trail is not needed particularly with all the other trails in the area and the many options to get from point to point. In the event that City staff is not in agreement with this letter, our conclusions regarding land dedication contained in the enclosed plan, or has other issues as alluded to above about substituting certain dedicated land of one type for dedicated land of another type, we . 2 '" I . request that U.S. Home and City staff and legal counsel meet this week prior to the City Council meeting on the 18th to work out any remaining minor or technical issues. We also request that the City provide us with a written agreement that the Millbrook plan, as proposed, now meets all of the requirements contained in the City's Park and Trail Policy, both existing and as proposed to be amended. If there are any differences that cannot be worked out this week, U.S. Home requests that we be placed on the 4:30 p.m. work session agenda for October 18th for purposes of discussing the enclosed Millbrook proposal and the City's proposed Park and Trail Policy. Should you have any questions or require additional information, please contact me at 651- 225-8840 or Jay Liberacki at (952) 249-3022. Thank you for your consideration. Very truly yours, FLAHERTY & HOOD, P.A. ~~ Christopher M. Hood, Attorney for US Home CMHlsw . cc: Jay Liberacki, Division Vice President US Home Phil Carlson, Dahlgren, Shardlow & Uban Larry Hansen, City Administrator, City of Stillwater David T. Magnuson, CIty Attorney, City of Stillwater . 3 . e Development Summary Heritage SF (60', 7,500 sl+) 71 lots Glendalough SF (75', 10,000 sl+) 101 lots Metropolitan ASF (4s, 5s, 6s) 96 units Total 268 units '5.~ 1...... -)J"'~ _>-t<..€: ) III .') I :1 I \ / / . \ )..-_l~T-.( / , " :--.~~)~' ;; r-c '_4:\.~'+;- ~ ~j ~ I Ie')" ~.- t1 ,.' I .,..,. t1tc.I';',,~ . Millbrook . ~ - _~ - _~n - - .l .Sti wC3ter. \AitltlesotC3 S, - 'PE .3f'\,I\: ';; . .~- Concept Plan =l~ ~{~ DAt-ILGRE:" SI L-\RDLO\\' .\'\'D. L'I1\,\, ~ NORTH 1 0-1 0-05 . Highway 96 100' ROW Rood C 60' ROW Access Drive G 2..l't Access Drive F 2..l' Rood D 60' ROW Gazebo / Existing Grode 'i'_ . -.... -L---.J~.....l ____r _ TrOll -~ HOA Open Space Infiltration Basin 11/1;' Pond Public Pork / Open Space Attached Single Family Neighborhood /' Brown's Creek Open Space e 600' Nearest Home .' Section Locations "p;' f---~ _=>.-:.:' c~:,:,: {. \ I (.: .~~:;~/c-_ -:.-::;. .....~ '0. .- NOTE: Vertical scale of section line is exaggerated to show differences in elevation. 'f' "6" ....., ~..:-_) '""'--' ." .' }--2:-' -~"~' ~:~ . \1\1::6 f S'--:e ~ec-:ion A- ~ root< '. -::: - 5ti' - -- :i .: . I... ......:.:".. .- ..~ _ . --,. -..:" -. ORRIN THOMPSON. J), \I " eRr\: 'il-l \/{f)1 U\\' .\.\;D ( 'llX, water) ,\i itltlesota May 31. 2005 .. .....~ l':: -:' ~ . ~ . City of Stillwater Planning Commission Millbrook Special Meeting May 31,2005 Present: Robert Gag, chair Mike Dahlquist, David Junker, Dave Middleton, Paul Teske and Jerry Turnquist Others: Community Development Director Steve Russell Absent: Gregg Carlsen, David Peroceschi and Darwin Wald Mr. Gag called the meeting to order at 7 p.m. Mr. Russell gave a brief introduction. He noted this is a concept plan, not as specific as the Planned Unit Development, which will be developed later in the process. He said the latest plan meets setback requirements from Brown's Creek and South Twin Lake, provides a trail system, provides infiltration system as required by the DNR and Brown's Creek Watershed District, and the overall density of the development is consistent with the Comprehensive Plan. . Jay Liberacki, Orrin ThompsonlUS Homes, spoke of the large amount of open space, amenity areas and access to natural areas afforded by the plan. He suggested that public access is important but residents also deserve a degree of privacy. He noted the plan provides for a 7.4-acre park and trail/sidewalk system and asked that consideration be given to the public amenities also afforded by the plan. Phil Carlson, also representing the developer, reviewed the plan and pointed out this is a concept plan, not the final PUD. The major change from the last presentation is the replacement of townhomes with single family homes in certain areas. The plan now calls for 71 small single family, 102 traditional single family and 96 townhomes. The plan provides for a 7.4-acre public park, which amounts to 7 percent of the site area. Other green/open space amounts to 32.9 percent of the site. There is another 20 acres in ponds, filtration areas, slopes so that in all 50 percent of the site is in open space of some type, he said. Mr. Carlson said the developer continues to prefer not to have a public trail around South Twin Lake. He said the grade separation makes it difficult to do so. If the Commission requires the trail, he said the developer would like to place the trail at the toe ofthe slope, below the backyards of homeowners. . Regarding the previously raised concern about parking around the townhomes, he said the plan provides for 180 spaces in total. He said the plan is above City requirements for the townhome parking and provides one-half on-street parking space per unit. The intent is to development in three phases over a period of three years, with some type of all three housing types in each phase, he said. . Mr. Carlson then went through the nine conditions outlined in Mr. Russell's memo. No.1 regarding the trail along South Twin Lake - Mr. Carlson reiterated the developer would prefer not to have the trail, but if required would like to place the trail at the toe of the slope. No. 2 regarding the park plan referred to the Parks Board - Mr. Carlson said the developer would meet that condition. No.3 regarding street plan and traffic circle/medials - Mr. Carlson said the developer would meet that condition. No.4 regarding Fire Department concern and review by traffic engineer - Mr. Carlson said the developer believes streets have been engineered to meet City standards and that condition is acceptable. No.5 regarding a landscape plan along Brown's Creek and South Twin Lake - Mr. Carlson said the developer would be willing to work with staff on that. No.6 regarding housing designs - Mr. Carlson said there are three basic types of housing styles. No.7 regarding site grading - Mr. Carlson said the developer would meet that condition. No.8 regarding phasing and traffic impact - Mr. Carlson said phases 1 and 2 would work off Highway 96 only, with phase 3 working off Neal Avenue. No.9 regarding master trail plan - Mr. Carlson again said the developer would be willing to work with staff. Mr. Carlson reiterated that what they are seeking is concept plan approval. Once the developer comes back with a POD, specific details will be provided for approval. . Roger Tomten, the City's design consultant, made several suggestions regarding the trail system at the east end of the site, noting that connectivity of the trail system is important. He also suggested changing the housing styles at the east end of the site to provide more housing mix. And he made a suggestion regarding the orientation of one of the townhouse units. He also pointed out that having all walkouts eliminates the ability to utilize garage-recessed designs. Mr. Liberacki expressed his dismay at receiving Mr. Tomten's comments at this point in the process. Mr. Gag opened the meeting to public comment. Lorraine Costa, 12120 N. Dellwood Road, asked whether the public park would have a paved lot and whether it would be lighted. She also expressed a concern about traffic and access off Highway 96. Debby Roth, 12120 N. Dellwood Road, expressed a concern about maintaining the integrity of Brown's Creek. Ruth Bruns, 8790 Neal Ave. N., questioned having a public path around South Twin Lake and spoke of existing problems with trash. . 2 . David Stone, 12850 McKusick Road, spoke of the trail at the east end of the site and said current property owners don't want the trail abutting their property either. He said there was a concern about run-off given the slopes in the area, and said the existing property owners would like to be buffered from any trail. He also questioned what appears to be a future road indicated at the east end of the site. Ed Otis, 12070 8ih St. Circle N., spoke of traffic concerns, increasing the traffic on Highway 96 and the safety ,of a trail along Highway 96, and he suggested that when Neal Avenue is opened to traffic in phase 3, there will be a "massive traffic problem." He also expressed a concern about emergency access until Neal is opened. He also spoke of the trail crossing Brown's Creek, which he said will open it to access :from other developments. Marilyn Cummings, 10164 Norell Avenue, noted the trail by Brown's Creek will be in a very environmentally sensitive area and she suggested the use of an alternate paving material, not asphalt, to protect the Creek. Art Palmer, former owner of the Millbrook property, noted the site truly is a "gateway" to Stillwater. He said he is thrilled with the plan overall and chose to sell the property to US Homes, knowing US Homes would take the development all the way through the process. He did have a concern about the trail along South Twin Lake, calling it a "horrible mistake." He also expressed a concern about the trail crossing Brown's Creek. . The development team was given a chance to respond to comments. Regarding the concern about the future road, Mr. Liberacki noted there is a separate parcel abutting the Millbrook site that is under contract with Carlson Construction. Planning for a future road to provide access to that parcel just makes good planning sense, he said. He also suggested that the proposed trail crossing Brown's Creek is proposed merely to make the trail more interesting to users. Regarding concerns about the use of the public park, Mr. Carlson noted that will be a decision of the City, not the developer - the park will be given to the City. Regarding traffic on Highway 96, Mr. Carlson noted that MnDOT controls that road; he also noted their traffic studies indicate ADTs less than estimated in the City's Boutwell traffic study. Regarding concerns about protecting Brown's Creek from run-off, Mr. Carlson noted that the plans have to comply with the City's AUAR regulations, as well as Brown's Creek Watershed District and the DNR requirements. Regarding the comment about trash along Neal/South Twin Lake, Mr. Carlson suggested that situation will likely get better as development occurs and there are more homeowners who care and watch what happens. Mr. Gag closed the public comment portion of the meeting and returned discussion to the table. . Mr. Junker spoke in favor of a trail along South Twin Lake, saying the City needs to maximize available public amenities. He spoke in favor of the developer meeting the 10- 3 acre park dedication requirement and said he was still a bit "leery" about the parking . around the townhomes. But, he said, overall he was in favor of the concepts, noting the developer had been working hard in the process of give and take. Mr. Gag agreed the plans have come along way from the first to now the third proposal. He agreed with Mr. Junker's comments regarding the lO-acre park and suggested it might be helpful to have some better graphics depicting the buffer proposed for views looking across South Twin Lake and Brown's Creek. Mr. Dahlquist said his original vision was a bit different than what is proposed. But, he said he thought the plan was workable and noted the Commission will have an opportunity to fine-tune details as the PUD comes in. He said reducing the density was the biggest issue for him. Mr. Teske agreed that while he still has some concerns, they are a bit less strong. He too noted that the conditions of approval provide flexibility to fine-tune the details. And he expressed his appreciation for the developers' efforts at compromise. Mr. Middleton agreed with comments regarding the 10-acre park. He also spoke in favor of the public trail around South Twin Lake, but stated he did not think the trail crossing Brown's Creek was a good idea. There was some discussion as to whether to change or add to the nine conditions of approval as suggested in Mr. Russell's memo. It was the consensus of members that the conditions provide the Commission with enough flexibility to expand upon in the future. Mr. Junker did suggest changing the language of condition of approval No.2 to specify the alternative of a 7.4/10-acre park be submitted to the Parks Board for review and approval. Members agreed with that suggestion. . Mr. Junker moved approval of the revised Millbrook concept plans as submitted May 26, 2005, along with the staff report and nine conditions of approval, with the change in the language of condition of approval No.2 providing the alternative of a 7.4/1O-acre park. Mr. Turnquist seconded the motion. Motion passed unanimously. Motion by Mr. Dahlquist, seconded by Mr. Turnquist, to adjourn at 9:10 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary . 4 . City of Stillwater Parks and Recreation Board June 27, 2005 Present: Linda Amrein, chair David Brandt, Paul Donna, Rob McGarry, Wally Milbrandt and Cathy Sewilo Others: Community Development Director Steve Russell Absent: Sandy Snellman Ms. Amrein called the meeting to order at 7 p.m. AODfoval of minutes: Ms. Amrein pointed out a typographical error on page 2 of the minutes of May 23,2005. Mr. Milbrandt, seconded by Mr. Brandt, moved approval of the May 23 minutes as corrected; motion passed unanimously. Review of Millbrook development nark dedication reauirements/Dfooosal: Jay Liberacki, US Homes, and Phil Carlson, DSU consulting firm, were present representing the Millbrook developer. . Mr. Russell gave a brief update on the status of the development proposal. In May, the Planning Commission approved the development concept with a number of conditions. One of the conditions would require a public trail along the south side of South Twin Lake. The Planning Commission also conditioned that the issue of the required park dedication - 10 percent required, 7.4 acre proposed - be referred to the Parks Board for review/approval. Mr. Russell noted the plans still must go before the Joint Board and City Council. The Park Board's action is to make recommendations to the City Council, he said. He also noted that once concept approval has been received, the developer will fine- tune the details in the Planned Unit Development. Final plans will come back before the Board for review and approval, he said. Phil Carlson reviewed the site and the concept plan, including the location of the 7.7 -acre public park located at the northwest comer of the site adjacent to Highway 96, the location of the public trail along Brown's Creek, the internal trail system, and other private amenities. The thrust of his presentation, as in his memo to the Board, was the developer's position that the proposed plans meet or exceed City requirements for park dedication. In addition to the 7.7-acre public park, the plans include 6.3 acres in public trail corridors, as well as 26.6 acres in private open space. Wetlands, ponds and slopes amount to another 27.5 acres in open space. . Regarding the public trail along the south side of South Twin Lake, Mr. Carlson said the developer would prefer not to provide that, but if that is a requirement, because of the topography of the area, the trail will have to be a "deer path," not an 8' bituminous trail. Mr. Russell stated he, along with Mr. Liberacki and the City's consultant, Sherri Buss, had walked the area. Mr. Russell stated that while an 8' trail wouldn't be possible, it would be possible to engineer a natural trail along that portion of the lake, and he said he . didn't think such a trail would have a great impact on neighboring property owners or those existing private property owners on the east side of the lake. Mr. Carlson and Mr. Liberacki both spoke of the developer's position that credit should be given for the public trail dedication and the way the plans take advantage of the many natural amenities provided by the site. Mr. Russell pointed out that trail dedication is in addition to park dedication requirements. Mr. Russell stated according to the City's policy, sidewalks are required, trail dedication is required, and park dedication is required. Mr. Liberacki spoke of a number of private facilities such as several gazebos, dock and a possible small tot lot adjacent to South Twin Lake that he felt the developer should be given credit for providing. Mr. McGarry suggested that if those facilities were open to the public, the developer would be able to satisfy the 10 percent dedication requirements. Ms. Amrein spoke in favor of abiding by the 10 percent park dedication requirement, noting that once the land is gone, the City can never get it back. Mr. Milbrandt noted the Park Board and Planning Commission have been consistent in adhering to the 10 percent dedication policy and noted this is the last large residential development in the annexation area; he also spoke in favor of requiring the public trail along the south side of South Twin Lake. Mr. McGarry agreed that the Park Board has always tried to get as close to the 10 percent dedication as possible, excluding any trail dedication. Mr. Donna also supported adhering to the 10 percent policy, noting that private areas cannot be counted toward the 10 percent. Mr. Brandt said he would like more information about the size of the possible tot lot for consideration in the overall dedication. . There was a brief discussion about the provision of parking for the public park. Mr. Carlson and Mr. Liberacki highlighted the available on-street parking in the area. Mr. Liberacki urged the City to try on-street parking first, rather than paving any portion of the 7.7 acres. Mr. Milbrandt noted the public park will likely be a high impact park, not a neighborhood park, and suggested that prospective buyers be made aware of that. Mr. Milbrandt moved to recommend that the City seek dedication of the full 10 percent (10.9 acres) in public parkland and require a public trail along the south side of South Twin Lake that meets staff and the City's environmentalist's approval. Mr. Liberacki asked if the Park Board would support an increase in density in order to support meeting the dedication requirement. Mr. Milbrandt pointed out that is an issue not within the Park Board's purview. Mr. McGarry seconded the motion; motion passed unanimously. After the vote, members responded to a question about whether the additional required acreage needs to be all in one location or might be three separate sites. It was the . consensus that one additional site would be preferable; members also noted that the site . must be usable and accessible to the public. Several members also suggested a location in the southeast portion of the site would be desirable. Other items: I) There was an informational memo in the agenda packet regarding the Legends Homeowner Association contribution to completion of a trail around Legends Park. 2) Included in the agenda packet was a letter from Stillwater Township Planner Richard Thompson and resolution passed by the Town Board asking that the City and Department of Natural Resources take action to limit the surface use of South Twin Lake is non-motorized watercraft. Mr. Russell noted that the lake currently is in the Township and the City can't take any action until the property is annexed. He noted that in public meetings regarding the Palmer property (Millbrook) plans, residents supported limiting use to non-motorized craft. Mr. Milbrandt suggested acknowledging receipt of the letter and recommending the Council support the Town's position. Mr. Brandt moved to direct staff to craft a letter acknowledging receipt of Mr. Thompson's letter and the Town's resolution and the Park Board's conceptual agreement with the limited water surface use of South Twin Lake. Ms. Amrein seconded the motion; motion passed unanimously. . 3) Mr. Russell reported that the City Council had approved the skate park site and the expenditure of $30,000 for components. He said the City has applied for a $30,000 grant from the Margaret Rivers Foundation; he said he was unsure of the status of the grant request. Some work has been done at the site. 4) Mr. Russell informed the Board that the City Council had approved the plan for the Munkelwitz park. He said there is a potential for a $50,000 contribution from the Rotary Club to assist with improvements. He suggested that the Board should be thinking about potential improvements in conjunction with the upcoming budget process. 5) Ms. Amrein said Judy Gulden of Friends of Stillwater Parks had contacted her regarding the status of a proposal that the Board consider preparing a parks brochure/booklet. Mr. Milbrandt said the concept is good, but the way Ms. Gulden explained the idea, the project would be a time consuming and potentially costly one. Mr. Russell suggested that the Park Board could support the concept and send the project back to Friends of Parks, indicating that at this time the City does not have the staff time or funding to implement such a project. It was agreed that Ms. Amrein should convey that message to Ms. Gulden. . 6) Ms. Amrein also provided a letter from Ms. Gulden asking if the Board would be interested in supporting developing of a pilot program to restore native habitat to a portion of the McKusick (ravine) trail system. Mr. Milbrandt pointed out the City Council is supporting a buckthorn removal project scheduled for October. Mr. Milbrandt suggested telling Ms. Gulden to contact Mike Polehna regarding those . plans. 7) Mr. Russell handed out a request from a youngster asking to sell glow necklaces in Pioneer Park during the 4th of July fireworks. It was noted that the City does not allow the use of parks for private fund-raising, and that in the past such requests have been referred to David Eckberg. It was agreed to handle this request similarly. 8) Mr. Russell stated he and Administrator Larry Hansen had met with Tom Armstrong, who donated the parcel for the Teddy Bear Park. He said Mr. Armstrong is willing to install a kitchen and meeting area in two levels of the existing carriage house on the park site. 9) Mr. Russell said the Council has directed staff to work with MnDOT to relocate the Shoddy Mill buildings to the Aiple property. Mr. Russell said MnDOT will pay for the cost of moving the buildings; the City will have to pay for any renovation/improvements to the structures. Mr. Milbrandt noted the City is not obligated to accepting ownership of the structures unless all the necessary permitting agencies approve of the move. Mr. Russell said he would keep the Board informed as to the process. 10) It was agreed to have the annual park tour/picnic in conjunction with the August meeting. The July meeting will be at 7 p.m. July 25. Ms. Amrein indicated she would not be present at the July meeting. . Mr. Milbrandt, seconded by Mr. Brandt, moved to adjourn at 9: 1 0 p.m. Respectfully submitted, Sharon Baker Recording Secretary . . . . V1emorandum To: From: Date: Subject: Mayor and City Council Diane Ward, City Clerk 10/17/2005 Planning Commission Appointment Staff advertised for the Planning Commission vacancy left by Duke Wald and have received two applications from Suzanne Block (Ward 3) and Bradley Meinke (Ward 4). Also attached is the Planning Commission list for your reference ACTION REQUIRED: If Council wishes to appoint one of the applicants, Council should pass a motion adopting a resolution appointing the applicant to the Planning Commission to fill the expired term of Darwin "Duke" Wald, which expires on January 1, 2007. ~ W~-' :er . ) :::::;---- -:::::: ~ THE BIRTHPLACE OF MINNESOTA ~ PLANNING COMMISSION Members Date appointed Ward Term Expires Jerry Turnquist appt'd 1/7/03 W4 01-Jan-06 3502 Judd Trail David Middleton appt'd 1/4/00 W4 o 1-J an-06 211 Northland Ave. re-appt'd 1/7/03 David Peroceschi appt'd 8/01 WI 01-Jan-06 809 S. Sixth Ave. re-appt'd 117103 (First Full Term) Darwin G. Wald appt'd 9/91 W3 o 1-J an-07 1107 Meadowview Drive (replaced Judith Curtis) re-appt'd 12/3/91,95,98,01,04 (Fifth Term) . Paul Teske appt'd 1/16/01 W2 o 1-Jan-07 1812 N. Broadway re-appt'd 1/04 (Second Term) Robert Gag appt'd 1/18/00 WI 01-Jan-08 1340 S. First Street (replaced Thomas Weidner) re-appt'd 1/02, 04 (Second Full Term) Mike Dahlquist appt'd 9/16/03,04 W3 o 1-J an-08 1128 Creekside Circle (unexpired term of Hultman) Gregg Carlsen appt'd 12/21/04 W2 01-Jan-08 220 S. 4th Street David Junker (Council Rep.) appt'd 117103 WI 615 E. St. Louis Steve Russell, Community Development Director (staff asst.) The purpose of the Planning commission is to act as the City's planning agency. The Planning Commission is . organized per City Code 22.05. The Commission consists of nine members, one member is a Councilmember, all appointed by Council. Members serve three (3) year terms. Meeting date is second Monday of the month. Rev 1/05 CITY HALL: 216 NORTH FOURTH STILLWfnER, MINNESOTA 55082 PHONE: 651-430-8800 1 ~ . . . STILLWA TLR fU5L1C L15RARY 22) N. Fourth St., Stillwater MN 55082-1-806 651. 1-)9.1675 FAX 651.1-)9.0012 Board of Trustees Meeting Agenda Tuesday, October 11,2005,7:00 P.M. 1. Call to Order & Introductions 2. Adoption of the Agenda 3. Communications and Public Commentary 4. Consent Calendar A. Adoption of Minutes+ B. Payment of Bills C. Monthly Activity Report* D. Other Activity Reports+ E. Web Site Usage Report F. Director and Other Staff Reports+ G. Financial Report+ H Policy Review - No policy this month A+ I A 5. Building Expansion A. Progress Report 6. Fundraising Campaign A. Campaign Events B. Report of Other Progress to Date C. Board Fundraising Targets & Pledges I I I 7.2006 Holidays A+ 8.2006 - 2010 Capital Improvement Plan A* 9. Access to Electronic Databases D 10. Board Terms I 11. Other 12. Adjournment If you are unable to attend this meeting, please leave a message for Ann (ext. 17) before 5 P.M. on Monday, October 10, 2005. A=Action Item I=Information Item D=Discussion Item += Document in Packet *= Document to be Distributed at Meeting #=Document Previously Distributed t I, Agenda Item 4 a. . STILLWATER PUBLIC LIBRARY 223 N. FOURTH ST. STILLW A TER, MN 55082-4806 651439-1675 FAX 651 439-0012 Board of Trustees Meeting Minutes Tuesday, September 13, 2005 Present: Bill Fredell, Bill Hickey, Ruth Ranum, ML Rice, Julia Sandstrom, Brian Simonet, Andrea Tipple, Mary Weber Dick Huelsmann Lynne Bertalmio, Carolyn Blocher Absent Staff Present 1. Call to Order President Hickey called the meeting to order at 8:00 pm in the temporary library facility at Valley Ridge Mall, 1305 Frontage Road West 2. Adoption of the Agenda The agenda was adopted. Ranum/Fredell 3. Communications and Public Commentary A letter re: the O'Brien estate, a letter with design suggestions, and suggestions from the suggestion box were shared A discussion of the scheduled groundbreaking ceremony was held. 4. Consent Calendar The Consent Calendar was approved including $212,298.08 as total payment of bills. Construction costs made up $185,440 of that total. Sandstrom/Simonet . 5. Building Expansion A. Progress Report President Hickey reported that $505,991 was under contract and that several additional bids would be in by September 15th The lower level of the library has been "gutted" and the upper level was "stripped" Board members were encouraged to visit the building by contacting Tom Abel, the construction superintendent to make sure they come at a convenient time. Hickey will meet with the neighboring homeowner who has questions regarding the impact of the storm sewer work on his property once the design has been completed. 6 Fundraising Campaign A. Campaign Events A discussion of a potential sneak-preview gala and the need to recruit chairs for that event led to a discussion of the golf tournament The Sunrise Rotary is still holding the possibIlity of a New Years Eve party at the temporary location. A final decision will be made soon B. Report of Other Progress to Date The response to the public mailing campaign has slowed, but the public appeal was more successful than anticipated C Pursuing Board Fundraising TargEts Board members are reminded of their own pledges and to keep encouraging the contacts that have been identifIed The campaign is sti II open . 7. Release of Capital - 2005 part 4 A motion to request release of funds from the approved 2005 capital budget was approved RlceTipple I . . . 8. 2006 Budget The City Council has certified the 2006 levy to the County as they are required to do by September 15. Our total budget request is still included with the proviso that funds for additional personnel will not be released until we open in the expanded library. 9. Registration/Use Restrictions Discussion continued from the August meeting regarding a new Washington County Library (WCL) policy/procedure for restricting access to materials based on age. A motion to continue the current Stillwater Public Library registration and circulation policy was approved. Staff were directed to respect the WCL policy /procedure for WCL cardholders and to request that WCL staff refer any Stillwater resident requests back to the SPL Board rather than restrict their access. Weber/Sandstrom 10. Other President Hickey and Director Bertalmio reported on the City Council budget presentation. 11. Adjournment The meeting adjourned at 8:32 p.m. \ Stillwater City Council Mr. President: . It is with disgust that I write this letter to you. It is all about your third rate police department, any time you get an influx of 50,000 people into your little community I would think you could provide a much better parking program. I am sending with this letter a copy of what I sent to your police department along with a eheck in the amount of $10.00 to pay for the ticket I got this past Saturday. Sincerely; Basil L Johnson . Stillwater Police Department Dear Sirs; To say that I am perturbed is a understatement!!! How in the world can your department live with your selves? You are a disgrace to the po lice departments thru out the country!!!! You not only invite people into your community to shop and drop a ton of money but you do not allow us time enough for lunch and shopping (3 Hours). And those chinsey little 3 hour parking signs you have are a disgrace. I am also writing a letter to the city council about this. When you have an influx of 50,000 people and they must be crammed into this town where there are no public parking lots the people must park someplace!!! You prey on the innocent just to make more money for your low down department. We will not ever come back to Stillwater and we WILL give you nothing but bad reports !!! Its not about the $10.00 s ITS ABOUT THE TRICKERY. Basil L Johnson . I STILL WATER TOWNSHIP . October 13,2005 Stillwater Town Hall Regular Meeting: 7:00 P.M. Chair: Doriott A2:enda: Adopt Minutes: Approve Minutes: Regular Town Board Meeting September 22, 2005 Treasurer: 1. Report 2. Claims and Checks Attornev: 1. Planner: 1. Johnson Animal Units (Horses) Issue 2. Speed Limits - Quail Avenue North 3. Hanslik Boundary Adjustment 4. Cluster/Open Space Moratorium 5. Systems Statements - Metropolitan Council . 6. Policies and Procedures 7. Olson Major Subdivision - Otchipwe Prairie Subdivision Final Plat 8. Status Report - Victory Pass 9. Status Report - Bluffs on S1. Croix En2:ineer: 1. Arcola Trail Paving Cost Estimate 2. Infiltration Basin Specification PeoDle Portion: 8:00 PM - Chief of Police Report 1. Weber and Wagner - Horse Update Clerk: 1. Committees: 1. Old Business: 1. Update Buckthorn Meeting 2. Newsletter Discussion New Business: 1. Emergency Preparedness Adiourn: . 10/8/2005 Pat Bantli \ Diane Ward From: Sent: To: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, October 06. 2005 1:43 PM Linda Engh Washington County Board Agenda - October 11,2005 . Washington County Board of Commissioners 14949-62nd Street North Stillwater, MN 55082 Washington County Board Agenda October 11, 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 A relevant to an issue that is part of Washington County's responsibilities. The chair may also limit th~ 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 County Highway 18 Design Review Committee Award 5. 9:20 - Sheriff * Steve Pott, Sheriff Donation from Kris Lundquist for Mounted Patrol Unit 6. 9:25 - Public Health and Environment * Lowell Johnson, Director A. Watershed Management Organizations 1. WACo Watershed Management Organizations' Proposed Budgets and Priority Projects 2. Water Consortium Activities 3. Washington Conservation District's Program Services and 2006 Budget B. Unpaid Outstanding County Environmental Charges C. Minnesota Sustainable Building Guidelines for County Building Projects . 7. 10:45 - General Administration * Jim Schug, Administrator .' 8. 10:55 - 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 ~ecause of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 11 :05 - Executive (Closed Session) * County Attorney Department Update on Law Enforcement Center Lawsuit 11.11:25 * Adjourn 12. 11 :30 to 12:00 * Board Workshop with Administration Review of Draft 2005/2006 Work Plan ********************************************************* Meeting Notices October 11 - Mental Health Advisory Council 4:00 p.m. - Washington County Government Center October 12 - Met. Emergency Services Board 10:30 a.m. - 2099 University Avenue West * St. Paul October 12 * MELSA 12:00 p.m. - 1619 Dayton Avenue * St. Paul .ctober 12 * MICA 2:00 p.m. - 161 St. Anthony Ave. * St. Paul October 12 - Rush Line Task Force 3:30 p.m. - White Bear Lake City Hall October 13 - Community Services Advisory 7:30 a.m. - Washington County Government Center ******************************************************** Washington County Board of Commissioners Consent Calendar * October 11, 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 andlor separate action. The following items are presented for Board approval/adoption: Community Corrections A. Authorization for the Community Corrections Director to sell donated wood that is processed into firewood by the Sentence-to-SerJ;ce program at fair market rates. B. Authorization to accept a $3,000 donation from the Target Corporation toward the Washington .ounty School-based Chemical Health Initiative. Community Services C. Approval to submit the required Washington County Biennial Service Agreements for the 2 Minnesota Family Investment Program (MFIP) and the Children and Community Services Act (CCSA). These proposed service agreements will be effective from January 1, 2006 to December 31,2007. " Human Resources D. Approval to amend and reinstate the Flexible Benefits Plan effective January 1, 2006. . Library E. Approval to accept a donation from Target (Woodbury) of $2,000 to the Washington County Library for reading kits for new parents and newborns; and, approval to accept a donation from WalMart (Woodbury) of $1 ,000 to the Washington County Library for collection development. F. Approval of the Washington County Library holiday schedule for 2006. Public Health & Environment G. Authorization for the Board Chair and the County Administrator to sign agreements for administration of the MN Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program). H. Approval to establish 2006 fee schedules for hazardous waste generators, solid waste facilities, Individual Sewage Treatment Systems (ISTS), Food/Beverage/Lodging Program, public pools, manufactured home parkslrecreational camping areas/youth camps, and private well water testing. Transportation & Physical Dev. I. Approval to purchase property for inclusion into the Big Marine Park Reserve and authorization to sign a real estate purchase agreement with Loretta M. Melbostad. . J. Approval and execution of Cooperative Construction Agreement with the City of Woodbury for signal construction on C.S.A.H. 19 at Lake Road in Woodbury. K. Approval and execution of traffic signal maintenance agreement with the City of Woodbury for the signal located at C.S.A.H. 19 (Woodbury Drive) and Lake Road in Woodbury. L. Approval of final payment to Brauer and Associates Ltd. for the development of the St. Croix Valley Trail Master Plan in the amount of $4,250. M. Approval of a resolution to request funding from the Minnesota Department of Transportation (Mn/DOT) through the Municipal Agreement Program for a signalization project at C.S.A.H. 19 and 1-94 north ramps. N. Approval of final payment to Parkos construction in the amount of $2,380 for the Historic Courthouse window replacement project. Linda Engh Washington County Administration Phone: 651/430-6010 E-mail: linda.engh@co.washington.mn.us . 3 I Diane Ward .rom: ent: To: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, October 13, 2005 1:42 PM Linda Engh Washington County Board Agenda - October 18, 2005 Washington County Board of Commissioners 14949-62nd Street North Stillwater, MN 55082 Washington County Board Agenda October 18, 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 .umber of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10- Community Services * Dan Papin, Director Recognition: Family Child Care Providers, Center Caregiver, and School Age Caregiver 5. 9:30 - Assessment, Taxpayer Services, and Elections * Kevin Corbid, Director A. Election Administration Services Between Washington County Elections and School District 833, South Washington County Public Schools B. Election Administration Services Between Washington County Elections and the City of Woodbury C. Tax-forfeited Parcel 17.030.21.33.0005 Subdivision in the City of Dellwood 6. 9:45 - Public Health and Environment * Lowell Johnson, Director National Incident Management System (NIMS) 7. 9:55 - General Administration * Jim Schug, Administrator 8. 10:05 - 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 .ecause of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:15 - Adjourn '. ********************************************************* Meeting Notices . October 18 - HRA Board Meeting 3:30 p.m. - 1584 Hadley Avenue North - Oakdale October 18 - Historic Courthouse Advisory Council 7:30 p.m. - 101 West Pine Street * Stillwater October 19 - Workforce Investment Board 8:30 a.m. - 2150 Radio Drive * Woodbury October 19 - Plat Commission 9:30 a.m. - Washington County Government Center October 19 - Metro Transportation Advisory Board 2:00 p.m. - 230 East 5th St., Mears Park Centre*St. Paul October 24 * Library Board 6:30 p.m. * 8595 Central Park - Woodbury ********************************************************* Washington County Board of Commissioners Consent Calendar * October 18, 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 October 4, 2005, Board meeting minutes. Assessment, Taxpayer Services, and Elections B. Approval of resolution granting the National Park Service a temporary right-of-entry to five tax-forfeited parcels located along the St. Croix River in the area of New Scandia and May Townships. Human Resources C. Approval to ratify the 2005-2006 bargaining agreement with the Probation Officers and Supervisor's Association. Sheriff D. Approval to accept donations made by 3M and Thrivent Financial in recognition of employees, retirees, and members volunteer service. The donations would be used to purchase rain gear and other equipment for the Sheriffs Reserve. . 2 'inda Engh Washington County Administration Phone: 651 /430-6010 E-mail: linda.engh@co.washington.mn.us