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Home My WebLink About2004-11-09 CC Packet CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-27 Council Chambers, 216 North Fourth Street November 9, 2004 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Canvass of Election Results STAFF REPORTS 1.Police Chief 3. City Clerk Discussion on purchase of vehicle 2.Fire Chief 4. Director of Admin. 5. Community Dev. Director 7. City Attorney 6. City Engineer/PWD 8. Finance Director 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of October 19 regular meeting minutes (available Tuesday) and executive session minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. CONSENT AGENDA* 1. Resolution 2004-221, directing payment of bills 2. Resolution 2004-222, approval of agreement with SafeAssure consultants, inc. for OSHA and safety consultation 3. Request to purchase laptop - Fire Department 4. Request to purchase two computers - Fire Department and Recreation Center 5. Approval of banner installation - Valley Chamber Chorale - November 15 through December 5 6. Resolution 2004-223, approving maintenance agreement for extended warranties for 2004 squad cars 7. Resolution 2004-224, approving agreement with Johnson Radio Communications - Fire 8. Resolution 2004-225, approving agreement with Jay Brothers for the Territorial Prison Wall PUBLIC HEARINGS 1. Case No. ZAM/04-03. This is the date and time for a public hearing to consider a request from James H. Gilbert, representing Mikden of Stillwater, for a Zoning Map Amendment changing the zoning of Lots 1-7, Blk 1 Matt Hooley Addition (2001 Washington Avenue) from BP-I, Business Park Industrial to BP-C, Business Park Commercial. Notices were mailed to affected property OWr:1ers and published in the Stillwater Gazette on October 29,2004. 2. Case No. Vl04-88. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Jack Buxell for a modification to a variance request to the height regulations (54 feet, 11 inches previously approved, 59 feet 6 inches requested) for the construction of a 68 unit condominium (59 units previously approved) with an underground parking garage located at 501 North Main Street (The Lofts of Stillwater) in the CBD, Central Business District. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29, 2004 3. Case No. SUP/04-18. This is the date and time for a public hearing to consider a request from David Evans, III, for a special use permit to redevelop and reconfigure an existing marina at 2009 Lake Street in the RB, Two Family Residential District, Bluffland/Shoreland District and Flood Plain District (DNR review required). Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29, 2004. (Resolution) 4. Case No. Vl04-17. This is the date and time for a public hearing to consider a request from David Evans, III, for a variance to the Bluffland/Shoreland setback regulations (40 feet required, 0 feet requested) for the construction of an addition (residence, service garage, restrooms and marina common area) to an existing residence located at 2009 Lake Street in the RB, Two Family Residential District, Bluffland/Shoreland District and Flood Plain District (DNR review required). Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29, 2004. (Resolution) 5. Case No. SV/04-85. This is the date and time for a public hearing to consider a request from John and Katherine Schoenecker for a street vacation for a portion of North First (from the south edge of Willow Street to a point 150 feet south) located near 301 E Willow Street in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29, 2004. (Resolution) UNFINISHED BUSINESS 1. Possible first reading of ordinance amending the sign ordinance (available Tuesday). 2. Adoption of resolution for adjustments to the North Hill Assessment Roll (Resolution) NEW BUSINESS PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 if- -~ CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-26 October 19, 2004 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Fire Chief Glaser Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the October 5, 2004 regular and recess meeting and October 13, 2004 special meeting minutes. All in favor. OPEN FORUM There were no public comments STAFF REPORTS Community Development Director Russell provided an update on the removal of the railroad tracks in the downtown. He stated that a resolution and possible ownership of the tracks may happen in the next couple of weeks and then staff will contract the removal of the tracks and restore the bed for parking in the north end of time. He also stated that the removal could possibly be done yet this year and that 80-100 additional parking stalls will be created from the removal of the tracks. Public Works Director Eckles made an announcement for the Friends of Stillwater Parks that they would be holding a Buckthorn Identification/Removal in the City Hall parking lot on October 31 from 10-11 a.m. City Administrator Hansen recommended that Council adopt findings for the new St. Croix River Crossing for the 2004 Supplemental Draft Environmental Impact and asked the Public Works Director to prepare a resolution. Councilmember Milbrandt and Kriesel felt that the "Do Nothing" is very detrimental to the community because of the cut through traffic in the neighborhoods. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-218, resolution establishing the City of Stillwater findings concerning the ~ \ City Council Meeting - 04-26 October 19, 2004 2004 Supplemental Draft Environmental Impact Statement for the St. Croix. River Crossing Project. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt the Consent Agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None . Resolution 2004-214, directing payment of bills Resolution 2004-215, approving 2005 Health Insurance Premiums and City Contribution Resolution 2004-216, approving 2005 Dental Insurance Premiums and City Contribution Resolution 2004-217, possible approval of Agreement with Karen L. Richtman, d/b/a Service on a Shoestring, for Source Reduction Program for Schools Soecial Event Reouest - Carriaoe Rides - Becklin's Trainino Stables Mayor Kimble moved this item from New Business. Community Development Director Russell reviewed the special event request from Becklin's Training Stables to provide carriage rides in the downtown. He stated that the applicant would like to provide this service anytime in November and December 2004 and Friday, Saturday and Sundays from May through SeptembeL He stated that the Park Board, Heritage Preservation Commission and Downtown Parking Commission have reviewed the request. He stated that the Parks Board felt the use of Sam Bloomer Way would not impact Lowell Park and they did not want any sales or staging activity within Lowell Park. He continued, saying that the Downtown Parking Commission suggested a location in the South Main Parking lot that would not impact parking spaces and that any trucks or trailers should be parked in the Riverview Parking lot. The commission felt that a fee should be paid, however that the fee could be waived the first year to see if the activity is economic. He recommended that the route be coordinated with the Police Chief as he feels that the carriage should not intersect Chestnut Street at an uncontrolled intersection (River Parking Lot, Water Street or Second Street). Councilmember Rheinberger spoke in favor of the request. Councilmember Kriesel asked what the hours of operation would be. Ms. Robin Scholl stated that it would probably be between 10:00 a.m. - 9:00 p.m. and the horse would be trailered over night. Councilmeniber Junker clarified that the staging area would be in the South Main Parking lot. Page 2 of? ,. "1 City Council Meeting - 04-26 October 19, 2004 Council member Milbrandt spoke in favor of the request and that it is adjustable to be worked out with the Community Development Director and the Police Chief. Police Chief Dauffenbach explained the route in case of high water. He raised concerns if the operation does not use controlled intersections and when the water is not high the route should always be under the bridge. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the special event subject to conditions that the Carriage Ridge customer pickup/drop off area shall be in the South Main Parking lot; the ride route shall be coordinated with the Police Chief, Becklin Training Stables shall pay $1,000 per year for theuse of the City parking spaces (waived for the first year), any trucks or trailers shall be parked in the Riverview Parking Lbt (corner of 3rd Street and Olive - by the Washington County Historic Courthouse), the owner shall pick up after the horses; the Parks Board, Downtown Parking Commission and City Council in the fall of 2005 will review the request to see how the activity does and if any changes in operation are needed,shall review the operations, operations for November and December 2004 are any day in November and December 2004 and operations for May through September would be on Fridays, Saturdays and Sundays. All in favor. PUBLIC HEARINGS Case No. SUPNI04-81. This is the dav and time for the oublic hearina to consider an aooeal, of the Plannina Commission's decision qn a reauest from Levern Stefan. orooertvowner. and Four Star Develooment. aoolicant for a Soecial Use Permit for a temoorarv sales trailer causina a variance to oarkina reaulations fqr hardware store located at the corner of Mulberrv and Main (225 North Main Street. Stillwater Mills on Main) in the CBD. Central Business District Community Development Director Russellreviewed the appeal to the Planning Commission's decision for a Special Use Permit for a temporary sales trailer causing a variance to parking regulations for the hardware store located at the corner of Mulberry and Main. He stated that the commission had concerns with parking impact and that previous conditions of approval for the site regarding parking and landscaping have not been met. He stated that the applicant for the trailer, Four Star Land Developmenthas submitted a letter stating that they would landscape the boulevard as the previous Planning or HPC design, they would submit an escrow of 125% of the estimated cost of the landscaping which would be finished after the removal of the trailer and that the trailer would be removed by May 31, 2005. He stated that the Planning Commission voted to deny 6-2. He also stated that the trailer would be used while Sammie's is being moved. Councilmember Milbrandt asked when Sammie's would be moved and out of service. Mr. Dave May stated that it should be moved to a temporary location by the .end of the week. He stated that it is hopeful that Sammie's will be ready to go in the spring. Councilmember Milbrandt asked if the development company would still have an office . located at the Chamber in conjunction with the trailer. Page 3 of 7 ..... \ City Council Meeting - 04-26 October 19, 2004 Mr. May stated that the office and trailer would have different uses. He stated that the building at the Chamber would be more for product demonstration and the trailer would be used for a "meet and greet" function. Mayor Kimble opened the public hearing. There were no public comments Mayor Kimble closed the public hearing. Council member Rheinberger spoke in favor of the temporary use for the sales trailer, it will allow close proximity from the sales office to the property. He stated that the request is temporary and during a slow period so it should not impact parking. Councilmember Kriesel stated that he would like to see the landscape escrow be presented prior to the sales trailer being put in place, that the landscaping be installed after the sales trailer is moved, and that the City share use of signage. Use of the parking shall be installed after the trailer is moved to comply with the original agreement. Council member Milbrandt stated that this is a unique situation because the conditions really are to the person of the property and not the sales trailer applicant. He suggested that the trailer be put on the public parking lot and thatthe City collect the rent for the trailer. Council member Junker stated that he expressed concern at the Planning Commission meeting of putting a sales trailer on the City owned lot that is supposed to be used on weekends when there is a sales office on Main Street. He felt that it was unfortunate that the City has to use this to get the conditions met that are over a year old that should have been met by the hardware store. He felt that taking more parking away from this area would affect the current businesses in the area. Councilmember Milbrandt agreed with Councilmember Junker in that the trailer could be construed as a construction trailer and could deter people from going to the north end of town and affecting those businesses. Mayor Kimble asked the applicant if they would be interested in moving the trailer. Mr. May stated that if the trailer is moved from the corner he would not be able to do anything with signs on the corner and that could impact the visibility of the sales office. Mayor Kimble stated that the plan would allow the original agreement conditions to be made because of financial issues of Mainstream Development. Councilmember Milbrandt felt that the original agreement should not be used on this applicant because Mainstream Development has not met its obligations. After considerable discussion there was a motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approval the Special Use Permit with the conditions of the landscape, the boulevard as proposed by the previous Planning or HPC design, the escrow in Page 4 of 7 " City Council Meeting - 04-26 October 19, 2004 the amount of 125% of the estimated cost of landscaping as determined by the City will be held in escrow until the landscaping is finished next summer after the removal of the trailer and such escrow is payable to the City prior to the placement of the trailer, the trailer will be removed from the site before Friday, May 20, 2005, signage providing for shared use of the Hardware store parking lot as approved by the Community Development Director shall be installed on May 20,' 2005 when the temporary sales trailer is removed. Ayes: Councilmembers Kriesel, Rheinberger and Mayor Kimble Nays: Councilmembers Milbrandt and Junker UNFINISHED BUSINESS Discussion on real estate sianaae (tabled from Auaust 17. 2004 meetina) City Administrator Hansen reviewed the memo from Planner Fitzgerald. He stated that the real estate signage was stable atthe August 17 meeting and that the memo includes staff concerns as well as information from Councilmember Milbrandt. CoiJncilmember Milbrandt proposed that real estate' open house' signs advertising a particular home that is open for inspection by the public, have a limited number of hours that they may be placed on city right-of-way. The signs could be placed on the right-of- way a % hour before the open house, removed the same day immediately after the open house. A maximum of (4) four six square foot signs in residential district within a (4) four-block radius of the house for sale. The proposal does not include directional real estate signs or signs placed on right-of-ways by sales offices that are open eight hours a day. He stated that it has been done for many years and that instead of having an ordinance that is not enforced have an ordinance that outlines what can be done. He stated that these signs are not cheap and in talking to realtors they do remove these signs after the open house. Mayor Kimble agreed with Councilmember Milbrandt that the City has a reasonable ordinance, one it does not enforce. Council member Rheinberger felt that the ordinance should be the existing ordinance, no changes. He felt that the proposed change would recognize the reality and would insure further expansion under the term-implied exception. He stated that the current ordinance provides a chilling effect on use, by implying putting up signs at their own risk, therefore he concurs with the staff recommendation. Council member Kriesel stated that he is concerned that there are different standards between garage sales and real estate signs. He stated that right-of-ways are not to be used to place signs, it is for public use. Councilmember Junker stated that if garage sale signs are not allowed in the right-of- way he doesn't feel that real estate signs should be in the right-of-way and felt he could , not vote in favor for this. Mayor Kimble stated that open house signs direct people to the open houses and that there are many people from Stillwater that may not know where a particular address is and this would provide direction to those homes for sale. Page 5 of 7 '. City Council Meeting - 04-26 .. October 19, 2004 City Attorney Magnuson recommended that Council direct staff to prepare a draft ordinance changing the sign ordinance for a first reading at the next meeting. Motion by Council member Milbrandt, seconded by Council member Junker directing staff to prepare a draft ordinance changing the sign ordinance which would incorporate that real estate 'open house' signs advertising a particular home that is open for inspection by the public, have a limited number of hours that they may be placed on city right-of-way. The signs could be placed on the right-of-way % hour before the open house removed the same day immediately after the open house. A maximum of (4) four six square foot signs in residential district within a (4) four-block radius of the house for sale. The proposal does not include directional real estate signs or signs placed on right-of-ways by sales offices that are open eight hours a day. Ayes: Councilmembers Milbrandt, Junker and Mayor Kimble Nays: Council members Rheinberger and Kriesel Possible aooroval of resoluti(>n apprr,>vinQ FinQinm. of Fact. Conclusions and Order as it relates to Terra Sorinas. LLC. for a Final PUD ~9o.r(>v~1 ~nd a vElriance to heiaht (54 feet reauested. 50 feet allowed) for Buildina NO.5 of Terra $prinas Develooment containina 36 residential units located at 650 North Main Street in the CBD. Central Business District. Motion by Council member Junker, seconded by Council member Kriesel to adopt Resolution 2004-219, adopting Findings of Fact, Conclusions and Order as it relates to Terra Springs, LLC. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Possible aooroval of orooosal for the ~rchit~<;tural ~tudv of the Staoles and Mav's Addition Community Development Director Russell stated that RFP for the architectural survey was sent to 10 State approved historians and that one proposal was received. He stated that the Heritage Preservation Commission recommends the proposal received . from Carmen T schofen. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2004-220, approving proposal from Carmen Tschofen for the architectural survey for the Staples and Mays Addition. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Milbrandt reminded the audience of the Annual Fish Fry put on by the Fire Department on Friday, October 22 from 5-7 p.m. at the VFW. Council member Kriesel thanked engineering staff for the Curve Crest handicap access. Page 6 of 7 i City Council Meeting - 04-26 October 19, 2004 Public Works Director Eckles stated that the Deer Path project would be completed in approximately two weeks. ADJOURNMENT to Executive Session to discuss possible litigation. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 8:43 p.m. All in favor. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2004-214, directing payment of bills Resolution 2004-215, approving 2005 Health Insurance Premiums and City Contribution Resolution 2004-216, approving 2005 Dental Insurance Premiums and City Contribution Resolution 2004-217, possible approval of Agreement with Karen L. Richtman, d/b/a Service Resolution 2004-218, resolution establishing the City of Stillwater findings concerning the 2004 Supplemental Draft Environmental Impact Statement for the St. Croix River Crossing Project Resolution 2004-219, adopting Findings of Fact, Conclusions and Order as it relates to Terra Springs, LLC. Resolution 2004-220, approving proposal from Carmen Tschofen for the architectural survey for the Staples and Mays Addition Page 7 of 7 .~ ;; LIST OF BILLS EXHIBIT" An TO RESOLUTION #2004-221 Ace Rental Action Rental Arch Wireless Arcon Construction Aspen Mills AT&T Wireless Bayport, City of Braun Pump & Controls Brine's Market Buberl, Larry C & T Hockey Cardinal Tracking Carquest Catco Century Power Equipment City of Mahtomedi Clark, Luann Coca Cola Comcast Cornerstone Land Surveying, Inc Cub Curt's Automotive Repair Cy's Uniforms Daleo DNR Drummond American Ecolab Pest Equipment Supply, Inc Erickson, Ron Express Photo First Line Folz,Freeman, Erickson, Inc. Franklin Covey Fred's Tire Galls Inc. Gipson, Gary Glaser, Stuart Grande Design, Inc. Gopher State One-Call Grafix Shoppe Grainger Greater Stillwater Chamber of Commerce Gruber, Matthew Hearth Education Foundation Hardware Equipment Rental Pager Service 4th Quarter 2004 Phase 2 & 3 North Hill Project Uniforms Cell Phones Auction Proceeds Repair Lift Station Pumps Election Judges Meals Animal Transport Pucks Ticket, Envelopes Equipment Repair Supplies Equipment Repair Supplies Edger Blade Joint Powers - Ice Arena PWKS Janitorial Concession Supplies Cable Munkelwitz Parcel Concession Supplies/SWFD Cake Battery Badge Vehicle Repair Supplies Logo Nut & Bolt Pest Control Maintenance Contract Moving Dollies (2) Processing Concession Supplies Professional Service South Main Parking Office Supplies Tire Repair Boots CDBG Contractor Reimbursement Reimburse MSFCA Conference Expense Grading Escrow Refund Billable Tickets September Fire Trailer Graphics Light Fixture Park Deposit Refund Grading Escrow Refund Handbooks Inspection 9.92 101.18 1,163.64 784,081.57 669.06 630.75 61.72 11,473.24 445.28 25.00 1,315.00 300.17 718.72 62.49 93.04 17,500.00 210.00 1,092.60 70.56 2,212.00 130.70 157.20 148.99 2.64 38.68 202.43 239.63 891.00 34.06 28.52 1,245.19 170.00 67.75 62.62 117.13 505.88 248.08 1,500.00 441.60 640.00 54.83 250.00 1,500.00 97.95 EXHIBIT" A" TO RESOLUTION #2004-221 Hennepin Technical Hewlett-Packard Express Services Hillyard Holiday Fleet Holst, Jeff Hydraulic Jack and Equipment Service Inc. Ikon Insight Integra Interstate All Battery Center ITL Patch Company, Inc, Jansens Cleaning Service Johnson Radio Communications Johnson,Ron Krakowski, Molly M. League of MN Cities Insurance Trust Legislative Associates, Inc. Legran Homes Lentz, John Lindeman, Gary Lockrem, Richard Magnuson, David Manchester Homes Matrix Menards Met Council MIDC Enterprises MN Commerce Department MN Dept of Admin, Intertechnologies MN Dept of Public Safety BCA MN Sun Publications MTI Distributing Napa Auto Parts Nardini Nextel Oak Park Heights, City of Office Depot PC Solutions Pinky's Sewer Service, Inc. Press Publications On Site Sanitation Orrin Thompson Homes Pioneer Rim and Wheel Co. Press Publications FFI Training Printers Chemicals for Cleaning Fuel Lowell Park Sinks & Faucets Equipment Repair Supplies Maintenance Contract Laserjet Printer Telephone Service Batteries Uniforms City & Library Boiler Maintenance Equipment Repair Supplies Shop Vac Hose and Filters CDBG Gra,nt Specialist Home Insurance Workers Comp October Legislative Services Grading Escrow Refund Reimburse CDBG Plumbing Estimate Mileage Reimbursement School Plan Reviews City Legal Expenses Grading Escrow Refund Phone Repair Maintenance Supplies SAC Charges Rain Train Sprinklers Notary Reappointments September Internet Usage Education Advertisement Recycle Covers & Belts Filters Fire Inspections Telecommunications Services Auction Proceeds Office Supplies Maintenance Contract Pumped Greeley Lift Advertisement Fire Captain Unit Rentals Grading Escrow Refund Radar Trailer Publication Page 2 ~ I \. 518.40 2,757.00 680.58 68.80. 1,936.70 84.91 461.20 985.13 779.49 114.62 198.63 250.00 62.88 53.22 10,075.00 605.09 3,833.33 3,000.00 49.00 131.25 3,480.00 .9,248.58 3,000.00 465.00 636.29 22,720.50 2,115.30 200.00 140.83 240.00 45.60 1,028.07 83.60 297.11 229.14 448.38 621.78 48.00 675.00 132.00 1,115.01 3,000.00 86.52 128.00 .' . . EXHIBIT" An TO RESOLUTION #2004-221 Quill R & R Specialties of Wis., Inc. Roettger Welding, Inc. Rottlund Company Inc. School District # 834 Shilts, Cindy Shred - it Sprint Stillwater Ford Stillwater Gazette Stillwater Gazette Classified Streichers Sysco T A Schifsky & Sons, Inc. Territorial Springs TruGreen Limited Partnership United Rentals Valley Trophy Vande Kamp Auctioneering Vermeer Sales & Service Walmart Washington County Washington County Registrar Waste Management Watson Forsberg Co. Wells Fargo Yocum Oil Zarnoth Brush Works Inc. Zell Plumbing MANUAL BILLS OCTOBER Adamic, Joel G. & Debra J. Appraisal Services Stillwater Hermes, James H. Huntsman, James R. Huntsman, Zenith Annette M.T.G.F. REAA Stillwater Fire Relief Assoc. Washington County Court Administration Xcel Page 3 Office Supplies Nets, Net Pads & Kick Plate for Dashers Straighten Light Pole Grading Escrow Refund Auction Proceeds Meals & Parking Reimbursement Shredding Cell Phones Vehicle Maintenance Subscriptions, Publications Advertisement Patrol Officer Badges Concession Supplies Asphalt TIF Note #2 Second Draw Weed Control for Parks Equipment Rental Name Tags & Door Sign Auctionering Fee Roller Assembly & Bolt Assy. Supplies Renewal Food License Recording Fees Garbage Waivers Grading Escrow Refund Paying Agent Fees Fuel Leaf Rakes Bathroom Repair Materials Boutwell Land Purchase Appraisal Service Huntsman Appraisal Service Huntsman Principal, Interest and Appraisal Fee Principal, Interest and Appraisal Fee Chemical Application Training & License Appraisal Service Huntsman 2004 State Fire Aid Filing Fee Kilbourne Electricity, Gas 33.97 577 .23 155.00 10,500.00 454.11 138.82 75.60 53.22 5,062.23 381.53 58.00 797.27 352.98 285.16 900.00 3,228.02 599.04 121.94 2,538.53 427.98 278.92 455.00 477.00 301.99 5,000.00 375.00 10,224.35 291.81 261.00 76,071.27 609.00 615.36 37,665.27 37,665.27 100.00 615.36 164,408.00 245.00 13,723.35 EXHIBIT" A" TO RESOLUTION #2004-221 ADDENDUM TO BILLS Board of Water Commissioners Bruchu, Ron Dragonfly Gardens Greeder Electric Hoffman, Sheree Imagineering Johnson, Kirk Linner Electric Moore, Sue Qwest St. Paul DNR Warehouse St. Croix Events Sandy's Office Coffee Service Stillwater Gazette Telemetry Process Controls Xcel Adopted by the City Council this 9th Day of November, 2004 WAC & Replace Hydrant CDBG Sewer Install Creekside Circle Plantings Lake Street & Greeley St Lift Stations Salt Stacker MIS Consultant CDBG Sewer Install Ballast Replacement PWKS Facility Postage Reimbursement Telephone MN Future Resources Fund Fireworks - Bayport Foundation Street/Parks Coffee Supplies Fire Captain Ad Lily Lake Lift Station Emergency Svs Electricity Page 4 TOTAL '. \. 13,059.83 2,550.00 994.23 3,513.00 600.00 857.60 3,400.00 758.11 13.65 486.56 6.10 5,000.00 88.50 72.50 549.00 117.85 1,316,031.27 Ylemo DATE: November 9,2004 TO: Mayor and City Council Chantell Knauss ~tl4-) Director of Admimstration FROM: RE: Safety Committee Recommendation on SafeAssure Consultants, Inc. Contract Back2round The Safety Committee reviewed the proposed renewal contract at their regularly scheduled meeting today. They voted unanimously to recommend to the City Council to approve the 2004 - 2005 contract with SafeAssure Consultants, Inc. Recommendation Staff recommends the City Council adopt the attached Resolution approving the Renewal Contract for safety consultant services with SafeAssure Consultants, Inc. for 2004 - 2005. . CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-27 Council Chambers, 216 North Fourth Street November 9, 2004 REGULAR MEETING RECESSED MEETING 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Canvass of Election Results STAFF REPORTS 1.Police Chief 3. City Clerk Discussion on purchase of vehicle 2.Fire Chief 4. Director of Admin. 5. Community Dev. Director 7. City Attorney 1. Resolution 2004-221, 2. Resolution 2004-222, safety consultation 3. Request to purchase laptop - Fire Department 4. Request to purchase two computers - Fire Department and Recreation Center 5. Approval of banner installation - Valley Chamber Chorale - November 15 through December 5 6. Resolution 2004-223, approving maintenance agreement for extended warranties for 2004 squad cars / 7. Resolution 2004-224, approving agreement with Johnson Radio Communications - Fire 8. Resolution 2004-225, approving agreement with Jay Brothers for the Territorial Prison Wall 8. Finance Director 9. City Administrator CALL TO ORDER ROLL CALL . APPROVAL OF MINUTES executive session minutes lar meeting minutes (available Tuesday) and PETITIONS, INDIVIDUALS, DELEGA OPEN FORUM The Open Forum is a portion part of the meeting agenda. may give direction to staff reg i eeting to address Council on subjects which are not a may take action or reply at the time of the statement or stigation of the concerns expressed. CONSENT AGENDA* cting payment of bills roval of agreement with SafeAssure consultants, inc. for OSHA and . PUBLIC HEARINGS 1. Case No. ZAM/04-03. This is the date and time for a public hearing to consider a request from James H. Gilbert, representing Mikden of Stillwater, for a Zoning Map Amendment changing the zoning of Lots 1-7, Blk 1 Matt Hooley Addition (2001 Washington Avenue) from BP-I, Business Park Industrial to BP-C, Business Park Commercial. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29, 2004. 2. Case No. V/04-88. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Jack Buxell for a modification to a variance request to the height regulations (54 feet, 11 inches previously approved, 59 feet 6 inches . requested) for the construction of a 68 unit condominium (59 units previously approved) with an . underground parking garage located at 501 North Main Street (The Lofts of Stillwater) in the CBD, Central Business District. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29,2004 3. Case No. SUP/04-18. This is the date and time for a public hearing to consider a request from David Evans, III, for a special use permit to redevelop and reconfigure an existing marina at 2009 Lake Street in the RB, Two Family Residential District, Bluffland/Shoreland District and Flood Plain District (DNR review required). Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29, 2004. (Resolution) 4. Case No. V/04-17. This is the date and time for a public hearing to consider a request from David Evans, III. for a variance to the Bluffland/Shoreland setback regulations (40 feet required, 0 feet requested) for the construction of an addition (residence, service garage, restrooms and marina common area) to an existing residence located at 2009 Lake Street in the RB, Two Family Residential District, Bluffland/Shoreland District and Flood Plain District (DNR review required). Notices were mailed to affected property owners and published in the Stillwater Gazette on October 29,2004. (Resolution) 5. Case No. SVl04-85. This is the date and time for a pu and Katherine Schoenecker for a street vacation f Willow Street to a point 150 feet south) located Residential District. Notices were mailed to aff Gazette on October 29,2004. (Resolution) UNFINISHED BUSINESS 1. Possible first reading of ordina 2. Adoption of resolution for adj to consider a request from John f North First (from the south edge of low Street in the RA, Single Family y owners and published in the Stillwater g the sign ordinance (available Tuesday). e North Hill Assessment Roll (Resolution) . NEW BUSINESS PETITIONS, INDIVIDUALS, DE COMMUNICA TIONS/REQUESTS COUNCIL REQUEST ITEM STAFF REPORTS (continue COMMENDATIONS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. . 2 . . . State of Minnesota ) County of Washington ) City of Stillwater ) .~..: '.\1tTr: .LeA r e)~ _.Y'_', -to ~ . ::;::;..-- -=::;; ~ ~ T H E-;; R T H P LAC E 0 F M INN E SOT A J CERTIFICATION We, the undersigned Members of the City Council of the City of Stillwater, Washington County, Minnesota, do hereby certify that in the General Election held in the City of Stillwater on November 2, 2004, that the total votes cast for the following named persons with the number of votes set opposite their respective names for the Councilmember - Ward 2, and Council member - Ward 3 are as follows: Councilmember - Ward 2 KEN HARYCKI 1292 JOHN RHEINBERGER 847 Write-in Votes 6 Councilmember - Ward 3 WALLY MILBRANDT ROBERT LIBERTY Write-in Votes Dated:November 9,2004 1469 737 6 Mayor Council member Councilmember Councilmember Councilmember CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 ~ I . Memorandum To: Mayor Kimble and City Council Members cc: Larry Hansen, City Administrator From: Larry Dauffenbach, Police Chief Date: 11/512004 Re: Capitol Outlay 2005 (Squad car request) This year we expanded the fleet of police cars by keeping one of the old cars. Last week this car broke down now needs a new engine. The car is not worth the expense of a new engine. It bas high tnileage, is the oldest in the fleet, and it was due to be replaced in May of 2005 with the purchase of the new cars next year. . In the 2005 budget there is $93,000 for 3 new police cars. We normally order the new cars during the first councilmeeting in January with a delivery in April (90 to 120 days). However right now we are short.C3r$. We would like to order one of the cars now for delivery in February. When I priced the vehic:lesoutin July for budget purposes, I priced out 3 new Ford Crown Victoria squad cars. I would al$Olike to change one of these vehicles to a Ford Expedition 4x4 Sport Utility Vehicle. This vehicle \V()U}d be assigned to the Sergc.aOO, and would be used as an incident command vehicle. The vehicle woUld carry a lot of equipment that is currently stored at the office. The 4x4 capability would assist tlSdllring snowstorms. (The CSO vehicles are 4x4 and used now but there are only 2 of them). The break down of costs is listed below. Exnedition Ford Crown Vic #1 Ford Crown Vic #2 $26,873 $21,175 $21,175 State Bid Price $2905 $3155 $1555 Equipment needed $375 $375 $375 Graphics $5000 $5000 $5000 Maintaince ac,.'.....~ent In house In house In house Change over $35,153 $29,705 $28,105 Total cost $92,963 Rec ",~."...,,,end "'YP'U' 131 1 NUV-04-Z0D4 JD:44AItI FROM-ELK RIVER FORO FINANe: Hc:-Z74-3337 ]tK luw'l "THE LI\ST OF lHE LITTLE GUysn FORD. DODGE. JEEP /?2/!l/;;glll\71Y '0 /oJ W . p.o. BOX 304. 'lie n;,..r. AfN =53;;0 7&3.441,2300' J ,BOO." J '230' . FAX: ;~3'271.33J9 n",... ",.,iq'tJJUl(l9lJrS.rcl1l ~~;'S-l~lIler Na:~~G: g~if~~ Dale: //-y?.e s-/' Y6E1r Mal\(~ .~~I t:nclln8 Trallsmission W&5~.dJ .t _~~~:: 5:-c(- tfr ~d2t~ heel E;ase I b To Axle Color Tires I '. !ll{ 5,..-:?~;2-/~? . (/"?;i,!J' ~.' /?, t)5 ~~~~ ~yc/.sfn--~ ~<fiq; /~r; ~ , ~~_~_'X'-.:6 ~/;r ~~43r/."'" '.- .ee:,- ~ '* Ad- ._~&~~O/~ ~~.~~ ~L& G''' dr/<' ;--~ ~hX. s;-~ ~-.;(~ /.. " S-y~ / lO~ {~~~ (,. . ~~.;:) ( 2eo. ) f).t d CJcfiij-t j-337 P.D03/DD3 H31 ~ , . ;;;2?;;:; - 3;7cJ, - . ~~ . . ~~,,?!.~4~ !82-~ 17 z, -s;" .-- - - 4J~1 g7;) Relall Price: Less Fleel Discounl: Nel Price: .' Ray McA1UlUr " NOU-04-2004 11:38 +763 274 3337 78% P.03 ... I . . . m'd %86 9~~961S~9L 'SUPERIOR FORD FLEET & GOVERNMENT SALES 9700 56Tti AVE NO PLYMOuTH, MN 55442 Bill Stuart 763-519-6349 Carol Hendrickson 763-519-6351 Wanda Mahaffey 763-519.6373 Fax To:9frEF L~It'f AT: .$"J..L Wtl.1".P1- I MN CONTRACT # 432130 MUreN I, Ac.../J-' jJl) 2005 CROWN VIC POLICE INTERCEPTOR POLICE INTERCEPTOR PACKAGE 4.6L va ENGINE I AOD TRANSMISSION / 3.27 RATIO POWER LOCKS, WINDOWS, HEATED MIRRORS BUCKET SEAT FRONT - CLOTH FRONT & REAR SPEED CONTROL J TILT ST~ERING WHEEL AIR CONDITIONING I AMFM STEREO RADIO MAP LIGHT J 5" ROUND HEADER LIGHT REAR WINDOW DEFROSTER I ENGINE BLOCK HEATER ABS BRAKES. r LIMITED SLIP REAR AXLE RADIO NOISE SUPPRESSION / CARPET WI FLOOR MATS FR DOOR MOLDINGS IN TRUNK $~ 19469.00 TAX & LICENSE NOT INCLUDED IMPORTANT - TO RECEIVE THIS GOV'T PRICING YOU MUST HAVE A FORD REET I [)it WE FAX CONFIRMATION OF ORDERS RECEIVED - CALL US IF YOU DO NOT RECEIVE FAX CONARMATlON OF YOUR ORDER PAYMENT IS DUE UPON DELIVERY OF FACH VEHICLE ISSUE SEPARATE PO'S FOR EACH VEHICLE IF NECESSARY TOTAL OF OPTIONS FROM PAGE 2 TOTAL FOR EACH VEHICLE EXT POWERTRAIN WARRANTY 3YRJOR/75.000 MILES ... ADO $ 975 EXT POWERTRAIN WARRANTY 3YR10R/100,OOO MILES.... ADD $ 1485 "'$50 OED-EXPIRES YRJMI -WHICHEVER COMES FIRST TOTAL FOR EACH VEHICLE x # OF UNITS = THANK YOU, PLEASE CALL IF ANY QUESTIONS. AIU~~ SUP~ro'( FORb~ INC. Tr'::I "':]!::"lloo!1.-J ,~~,~ n~n~ ~nT~~~nc 1~:~1 ~00c-10-nON FAA # OF PAGES 1" c~hendr2@dealeremail.com Fax 763-519-6336 Dote / I - 1- 0 '-f PH Ir--<I - .BS/-'I9t>c, Fax oS;.... 3.:S {- '-/ Cft..fo EXTERIOR: TM LIGHT GREY oU MEO BR.OWN JL OK TORADOR RED- DV LlGHTTUNDRA- OX DARK PEARL BLIJE'" LK DARK BLUE LM ROYAL BLUE L.N L.IGtiT BLUE MM ULTRA BLUE C2 GOLD ASH'" LS L T ICE BLUE T~VER GREY ~ BLAG~ WHIT r YG MED TITANIUM JP SILVER BIRCH" AQ ARIZONA BEIGE.- TV MIDNIGHT GREY. ~rE~IOR: OK GRAY) GRAY TAN $ $ $ 19,469.00 1~1rp1 $ Q'7 ~ 09 I) I .Af 5" o~ /-- ,L . $ TOTAL MANUALS $ TAX & LICENSE NOT INCLunFD. accal: TCCa} 7C"hT h~~7/T~/TT c0'd %86 9[[96 TS[9" 1. POWER DRIVER SEAT 21A 2. SIDE AIR BAGS 59M ~. LH SPOTLIGHT 51A 4. VINYL REAR SEAT IW-Df( GREY IC-LT GREY IH-TAN 5. AM/FM STEREO CASSETTE 58H 6. TRUNK ORGANIZER W/K8./LAR FRONT LINER 14T 7. RUBBER FLOOR (IN LIEU OF CARPET & FLR MATS) 12l:J 8. DELETE RADIO 588 9. DELETE ENGINE BLOCK HEATER 41H v10. MULTIPLE UNITS KEYED ALIKE KEY cODr:l214 X. ORDER,CODE 11. 3.55 REAR AXLE RATIO 730A 12. ADD RH SPOTLIGHT 51Y 13. CLOTH SPLIT BENCH SEAT PW-DKGRAY PC.LTGRAY PH.TAN ~. ADDITIONAL ROOF REINr:ORCEMENT 185 15. FULL WHEEL COVERS (in lieu of center hub caps) 642 .-16. DELETE 5M ROUND HEADER LIGHT 54M Vf7. COURTESY LIGHTS DISABLED 478 18. SILICONE HOSES W/AIRCRAFT CLAMPS 177 v19. TRUNK RELEASE ON DRIVERS DOQR (IGNITION POWERED) 6tH 20. DELI:: I J:: SPEED CONTROl:.. 525 71 DELETE RADIO NOISE SUPPRESSION 53M ~ POWER ADJUSTABLE BRAKE & GAS PEDALS 59C \/23. LOCKS -DRIVER & FR PASS CONTROL ONLY 157 V24. WINUUWS-DRIVER & FR PASS CONTROL ONLY 948 /25. TWO TONE PAINT - ACCENT ON ROOF & 4 DOORS 26. TWO TONE PAINT - ACCFNT ON ROO~HOOD.TRUNK 27. TWO TONE PAINT - ACCENT ON ROOF & FR DOORS 28. BASE POUCE PREP PKG - 65A (NA WITH 66F PD8) 29. POLlCE PREP PKG - COMPLETE - 6ap (NA WITH 66F PDB) 30. VISI8IU1Y PKG - 65W. &68P (REO sap PKG) INCLUDES 6ap 31. VISIBILITY BASE PKG .... 65N (REa 66/\ INCLUDED -NA W/S8p OR 66F) 32. READY FOR THE ROAD WIRING PKG 65U (LATE AVA/LABIUTY) 33. AUTOMATIC FIRE SUPPRESSION SYSTEM 60S (LATE AVAILABILITY 34. FRONT POWER DISTRIBUTION BOX (PDB) 66F 35. GRILL LAMP, SIREN & SPEAKER WIRING 172 V36. LAMP PRE WIRE PKG 476 37. ROOF WIRING, HOLE IN ROOF 187 38, ROOF WIRING. NO HOLE IN ROOF 189 39. RADIO, 2 WAY PRE WIRE (FRSPKRS INOP FORAM/FM) 946 40. LOCKING GAS CAP 54G 41. DELIVERY .50 per mile one way $.50.x 42. LAMINATED SECURITY SIDE GLASS 68G 43. PLASTIC TRIM RINGS (AFTFRMARKET - NOT INSTALLED) 44 . TRACTION CONTROL 553 v4( FRONT DOOR MOLDINGS INSTALLED BY FACTORY 96e 46. DEALER INSTALLED FORD Kt::MOTE ENTRY WI2 KEYFOBS 47. DEALER INSTALLED FORD AM/FM WI CASSt I I E & SINGLE CD mile~ ; TOTAL OF ALL OPTIONS ADDED TO ORDER............ ......... ......... 11:' : \71 \700c - T0-liON .., 327 258 163 56 159 .163 (108) . (86) (30) 43 138 129 77 69 30 o 17 275 o (194) (82) 103 o 22' 387 387 .. 387 598 1716 2572 2185 APPROX 3600 APPROX 2225 82 o 39 168 73 39 9 952 953 955 254 50 202 o 265 492 $ '" 110 3 ~ . . ~():;. .. o .J.:J 0 ~ (!J .0 t..."Z- 0,.9 ':? ~ 1 ",_<J . _ -:tcr Dr 2.;.1:) o~ o - '1J i ~ " SERVICE MANUAL $ 80 ELECTRICAL MANUAL $ 65 l::MISSIONS MANUAL ~9{i . PARTS MANUAL $125 . 7~ ~~H~ I~~IJ n~nJ ~nT~~~nc Q~~QCTC~QJ 7C~hT h~~7JT~/TT Exoedition Sad #5208. Sad #5204 (flat-tool LED/Strobe Lightbar 1600 LED/Strobe Lightbar 1600 LED Grill Lights 375 LED Grill Lights 375 LED Grill Lights 375 LED Mirror Lights 275 LED Mirror Lights 275 LED Mirror Lights 275 LED Rear Lights 200 LED Rear Lights 200 LED Rear Lights 200 Push bumper 200 Front Corner Strobes 100 Front Corner Strobes 100 Cage 450 Opticom 1000 Rear Strobes 100 Wig Wag Flasher 55 Push bumper 200 Push bumper 200 Cage (2) 900 Cage 450 Wig Wag Flasher 55 Wig Wag Flasher 55 Rear Strobes 100 4805 3355 1555 9715 Exoedition* Sad #5208** Sad #5204 tflat-too\ LED Grill Lights 375 LED/Strobe Lightbar 1600 LED Grill Lights 375 LED Mirror Lights 275 LED Grill Lights 375 LED Mirror Lights 275 Front Corner Strobes 100 LED Mirror Lights 275 LED Rear Lights 200 Opticom 1000 LED Rear Lights 200 Push bumper 200 Pushbumper 200 Pushbumper 200 Cage 450 Cage (2) 900 Cage 450 Wig Wag Flasher 55 Wig Wag Flasher 55 Wig Wag Flasher 55 2905 3155 1555 7615 *Uses old lightbar from Sqd. #1210. Has no lights in rear window or strobes in the reverse lights. Need to purchase a Opticom system (Sqd #1210 currently does not have one). **Is possible to lower by another $1600 if old lightbar is used from Sqd #1203 (note that this lightbar is damaged, and the two other old lightbars will be used on the Expedition and CSO Sqd #3208. I would recommend getting a new lightbar for the changeover rather than waiting for it to stop working after installation). Strobe power supply can be taken from Sqd #3204 to power front corner & rear strobes. " . . . "'. ~. ~- ~'- 1f..;~J=T~ (__ t~~~ '\ Invoice 3240 Mike Collins Drive Eagan, MN 55121 651-683-9665 Main 651-683-9740 Fax 5/25/2004 35728 Stillwater Police Department Accounts Payable 216 North 4th Street Stillwater, MN 55082 Stillwater Police Department Att: Chief Larry Dauffenbach 216 North 4th Street Stillwater, MN 55082 Net 30 6/24/2004 SHA THERE 2004 Crown Vics 2 Custom Squad Marking Kits for Black & White 2004 Crown Vics Unit Numbers 4214 & 4215. 300.00 600.00 2 Applications There. Application 5-21-04 at 1:30 75.00 1.00 crcy/vJ OJt!l-- tAJlZ\D G~~'~ ~r~ ~ , 60-d!1) Subtotal $750.00 Thank you for your business. Sales Tax (6.5%) Check us out on the web at www.grafixshoppe.com Total .0 $7~ Payments/Credits $o.Q~ ..--- . Balance Due ~50.00/ \... --~.- ... . LIST OF BILLS EXHIBIT n An TO RESOLUTION #2004-221 . Ace Rental Action Rental Arch Wireless Arcon Construction Aspen Mills AT&T Wireless Bayport, City of Braun Pump & Controls Brine's Market Buberl, Larry C & T Hockey Cardinal Tracking Carquest Catco Century Power Equipment City of Mahtomedi Clark, Luann Coca Cola Com cast Cornerstone Land Surveying, Inc Cub Curt's Automotive Repair Cy's Uniforms Dalco DNR Drummond American Ecolab Pest Equipment Supply, Inc Erickson, Ron Express Photo First Line Folz,Freeman, Erickson, Inc. Franklin Covey Fred's Tire Galls Inc. Gipson, Gary Glaser, Stuart Grande Design, Inc. Gopher State One-Call Grafix Shoppe Grainger Greater Stillwater Chamber of Commerce Gruber, Matthew Hearth Education Foundation . Hardware Equipment Rental Pager Service 4th Quarter 2004 Phase 2 & 3 North Hill Project Uniforms Cell Phones Auction Proceeds Repair Lift Station Pumps Election Judges Meals Animal Transport Pucks Ticket, Envelopes Equipment Repair Supplies Equipment Repair SLJpplies Edger Blade Joint Powers - Ice Arena PWKS Janitorial Concession Supplies Cable Munkelwitz Parcel Concession Supplies/SWFD Cake Battery Badge Vehicle Repair Supplies Logo Nut & Bolt Pest Control Maintenance Contract Moving Dollies (2) Processing Concession Supplies Professional Service South Main Parking Office Supplies Tire Repair Boots CDBG Contractor Reimbursement Reimburse MSFCA Conference Expense Grading Escrow Refund Billable Tickets September Fire Trailer Graphics Light Fixture Park Deposit Refund Grading Escrow Refund Handbooks Inspection 9.92 101.18 1,163.64 784,081.57 669.06 630.75 61.72 11,473.24 445.28 25.00 1,315.00 300.17 718.72 62.49 93.04 17,500.00 210.00 1,092.60 70.56 2,212.00 130.70 157.20 148.99 2.64 38.68 202.43 239.63 891.00 34.06 28.52 1,245.19 170.00 67.75 62.62 117.13 505.88 248.08 1,500.00 441 .60 640.00 54.83 250.00 1,500.00 97.95 EXHIBIT" An TO RESOLUTION #2004-221 Hennepin Technical Hewlett-Packard Express Services Hillyard Holiday Fleet Holst, Jeff Hydraulic Jack and Equipment Service Inc. Ikon Insight Integra Interstate All Battery Center ITL Patch Company, Inc. Jansens Cleaning Service Johnson Radio Communications Johnson, Ron Krakowski, Molly M. League of MN Cities Insurance Trust Legislative Associates, Inc. Legran Homes Lentz, John Lindeman, Gary Lockrem, Richard Magnuson, David Manchester Homes Matrix Menards Met Council MIDC Enterprises MN Commerce Department MN Dept of Admin, Intertechnologies MN Dept of Public Safety BCA MN Sun Publications MTI Distributing Napa Auto Parts Nardini Nextel Oak Park Heights, City of Office Depot PC Solutions Pinky's Sewer Service, Inc. Press Publications On Site Sanitation Orrin Thompson Homes Pioneer Rim and Wheel Co, Press Publications Page 2 FFI Training Printers Chemicals for Cleaning Fuel Lowell Park Sinks & Faucets Equipment Repair Supplies Maintenance Contract Laserjet Printer Telephone Service Batteries Uniforms City & Library Boiler Maintenance Equipment Repair Supplies Shop Vac Hose and Filters CDBG Grant Specialist Home Insurance Workers Comp October Legislative Services Grading Escrow Refund Reimburse CDBG Plumbing Estimate Mileage Reimbursement School Plan Reviews City Legal Expenses Grading Escrow Refund Phone Repair Maintenance Supplies SAC Charges Rain Train Sprinklers Notary Reappointments September Internet Usage Education Advertisement Recycle Covers & Belts Filters Fire . Inspections Telecommunications Services Auction Proceeds Office Supplies Maintenance Contract Pumped Greeley Lift Advertisement Fire Captain Unit Rentals Grading Escrow Refund Radar Trailer Publication { . 518.40 2,757,00 680.58 68.80 1,936.70 84.91 461.20 985.13 779.49 114.62 198.63 250.00 62.88 53.22 10,075.00 605.09 3,833.33 3,000.00 49.00 131.25 3,480.00 9,248,58 3,000.00 465,00 636.29 22,720.50 2,115.30 200.00 140.83 240.00 45.60 1,028.07 83.60 297.11 229.14 448,38 621.78 48.00 675.00 132.00 1,115.01 3,000,00 86.52 128.00 . . EXHIBIT" A" TO RESOLUTION #2004-221 . . Quill R & R Specialties of Wis., Inc. Roettger Welding, Inc. Rottlund Company Inc. School District # 834 Shilts, Cindy Shred - it Sprint Stillwater Ford Stillwater Gazette Stillwater Gazette Classified Streichers Sysco T A Schifsky & Sons, Inc. Territorial Springs TruGreen Limited Partnership United Rentals Valley Trophy Vande Kamp Auctioneering Vermeer Sales & Service Walmart Washington County Washington County Registrar Waste Management Watson Forsberg Co. Wells Fargo Yocum Oil Zarnoth Brush Works Inc. Zell Plumbing MANUAL BILLS OCTOBER Adamic, Joel G. & Debra J. Appraisal Services Stillwater Hermes, James H. Huntsman, James R. Huntsman, Zenith Annette M.T.G.F, REAA Stillwater Fire Relief Assoc. Washington County Court Administration Xcel . Page 3 Office Supplies Nets, Net Pads & Kick Plate for Dashers Straighten Light Pole Grading Escrow Refund Auction Proceeds Meals & Parking Reimbursement Shredding Cell Phones Vehicle Maintenance Subscriptions, Publications Advertisement Patrol Officer Badges Concession Supplies Asphalt TIF Note #2 Second Draw Weed Control for Parks Equipment Rental Name Tags & Door Sign Auctionering Fee Roller Assembly & Bolt Assy. Supplies Renewal Food License Recording Fees Garbage Waivers Grading Escrow Refund Paying Agent Fees Fuel Leaf Rakes Bathroom Repair Materials Boutwell Land Purchase Appraisal Service Huntsman Appraisal Service Huntsman Principal, Interest and Appraisal Fee Principal, Interest and Appraisal Fee Chemical Application Training & License Appraisal Service Huntsman 2004 State Fire Aid Filing Fee Kilbourne Electricity, Gas 33.97 57723 155.00 10,500.00 454.11 138.81 75.60 53.22 5,062.23 381.53 58.00 797.27 352.98 285.16 900.00 3,228.02 599.04 121.94 2,538.53 427.98 278.92 455.00 477.00 301.99 5,000.00 375.00 10,224.35 291.81 261.00 76,071.27 609.00 615.36 37,665.27 37,665.27 100.00 615.36 164,408.00 245.00 13,723.35 EXHIBIT n An TO RESOLUTION #2004-221 Page 4 . ADDENDUM TO BILLS Adopted by the City Council this 9th Day of November, 2004 . . . . . Ylemo DATE: November 5, 2004 TO: Mayor and City Council Chantell Knaussdf~ Director of Administration FROM: RE: SafeAssure Consultants, Inc. Contract Back1!round For the past 5 years, the City has contracted with SafeAssure Consultants, Inc. for OSHA and safety consultation services. A copy of the proposed Agreement for 2004-2005 is attached. The contract price is $6,675.00. This represents a 0% increase from the 2003-2004 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 will review the proposed renewal contract at their next regularly scheduled meeting on November 9, 2004. Recommendation The Safety Committee's recommendation will be provided in the Agenda Update on November 9. RESOLUTION 2004-222 . APPROVAL OF AGREEMENT WITH SAFEASSURE CONSULTANTS, INC. NOW THEREFORE, BE IT RESOLVED that the Agreement between the City of Stillwater and SafeAssure Consultants, Inc., for OSHA and safety consultation, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 9th day of November 2004. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . ) J~~~oVIE~' October 19, 2004 Ms. Chantell I<nauss, Director of Admin. City of StillWater 216 North Fourth Street StillwaterMN 55082 ".-.. ::'::.-:::::::.":.'<':.:>.::<.>'.:-'--:.: ':"'::':.." .::.: ::'..--.:',.' -;::/:>_>-;::.:{!_'.:;::.:.:.:).;;r;c'>::. .....,..:..:.....::,..... .-:' .. .... ." ..... :).::....... .... .-. .-.:.:<".<:- that the scheduled calendar and topics in the contract are what you requested with Chad. This schedule can also be changed or best scheduling and needs. appreciate your business and working with you and or concerns about our services or the enclosed contract or anyone at SafeAssure. Ene!. C:File . OCT 2 0 2004 lI' -, PO Box 281 · Willmar, MN 56201 · (Ph.) 320-231-3803 · (Fax) 320-231-1405 E-mail: SafeAssure@willmar.com . Web: www.safeassure.com SafeAssure Consultants Inc. 513 5th St. SW PO Box 281 Willmar, MN 56201 BILL TO City of Stillwater Attn: Chantell Knauss Director of Administration 216 North Fourth Stree Stillwater MN 55082 QUANTITY DESCRIPTION Safety Training, Annual Thank you!! Work Safely! P.O. NO. DATE 10119/2004 TERMS Due on receipt RATE 6,675.00 Total Invoice I NVO;C'4t- PROJECT AMOUNT 6,675.00 . . $6,675.00 OCTOBER 21,2004 9:30 AM and 1 :00 PM (2 Hrs, 15 Mins) NOV. 18, 2004 1 :00 PM (1 Hr, 15 Mins) JANUARY 12, 2005 1:00 PM (1 Hr, 15 Mins) JANUARY 11, 2005 7:00 PM (evening class) (2 Hrs, 15 Mins) . City of Stillwater & Stillwater Water Board 2004-2005 Training Schedule . EMPLOYEE RIGHT TO KNOW ALL EMPLOYEES . EMERGENCY ACTION PLAN . LIFTING . BLOODBORNEPATHOGENS City Hall Training Room . ELECTRICAL SAFETY PUBLIC WORKS WATER BOARD BLDG MAINT. Public Works Facility . METH LAB AWARENESS and IDENTIFICATION PUBLIC WORKS WATER BOARD Public Works Facility . EMPLOYEE RIGHT TO KNOW . EMERGENCY ACTION PLAN . BLOODBORNEPATHOGENS ALL EMPLOYEES (not attending 10/27 session) City Hall Training Room 2004 - 2005 Safety Training Schedule Page 1 of2 . . . . . FEBRUARY 2, 2005 . L.O.T.O. PUBLIC WORKS 1 :00 PM WATER BOARD Public Works Facility BLDG MAINT. (2 Hrs, 30 Mins) REC CENTER MARCH 9' 2005 . TRENCHING/EXCAVATING PUBLIC WORKS 1 :00 PM WATER BOARD Public Works Facility BLDG INSPECT. (2 Hrs, 30 Mins) APRIL 13, 2005 . CONFINED SPACE PUBLIC WORKS 1 :00 PM (Review) WATER BOARD BLDG MAINT (1 Hr, 30 Mins) Public Works Facility MAY 11,2005 . CHAINSA W SAFETY PUBLIC WORKS 1 :00 PM . PERSONAL PROTECTIVE EQUIP. WATER BOARD (inc. HEARING PROTECTION) BLDG MAINT. (2 Hrs) Public Works Facility 2004 - 2005 Safety Training Schedule Page 2 of2 . CITY OF STILLWATER a /~ \ !i'. f' ......" ~%' 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.W.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 writinf? 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 information 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 permit spaces, the employer shall develop and implement a written permit space program.. .. .... RESPIRA TORY 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 or . minimize employee exposure. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an a.S.H.A. Standard may be covered under section 5(a)(1) 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 harm 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. . All training on the programs written by safeAs~ure Consultants, Inc. and services provided b. 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 trainin2 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. Thes. 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. . . . . 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 Vehicles · 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 MiscelIan eon s · Workplace Hazard Assessment · DAMARCO Solutions, LLC, MSDS program & data base (Option one only) · 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 and provide a complete MSDS management service in conjunction with DAMARCO, Solutions LLC (if you choose option one (1)). OPTION ONE (1) ANNUAL TOTAL WITH DAMARCO MSDS SERVICE $6,675.00 The City of Stillwater Date The City of Stillwater Date SafeAssure Consultants Date SafeAssure Consultants Date (SEAL) This contract is for the period of October 2004 thru Septemember 2005. " Safety Wise We Specialize" . STAFF REQUEST ITEM Department: MIS I Date: 11/05/04 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request approval to purchase a ruggized laptop for the Fire Dept. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the laptop will be $3658.28 plus tax and shipping. Money for this purchase was allocated in the 04 capital outlay budget. ADDITIONAL INFORMATION ATTACHED Yes X No . ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holmau ~~ Date: 11/05/04 . " . Rose Holman From: Sent: To: Subject: Brian Louderback [blouderb@lnsightcom] Friday, October 29, 20049:28 AM . Rose Holman Customer qudtation-0021451521 . INSIGHT 6820 South Harl Avenue TEMPE AZ 85283 Tel. ( 800) INSIGHT QUOTE CONFIRMATI()N Quotation Ntlmber 21451521 Est. Ship Date: Customer No.: Sales Rep: /Q\:lotation Date ,10/28/2004 10/28/2004 411715 BRIAN LOUDERBACK Company City Of Stillwater 216 N 4th Stree~ STILLWATER MN 55082 US Tel, 6124302298 Fax 16124308804 . SHIP-TO ADDRESS Company City Of Stillwater 216 N 4th Street STILLWATER MN 55082 US City Of Stillwater, Thank you for contacting Insight and allowing opportunity to assist you with your needs. We appreciate being considered as the source for your computer product requirements. We deliver according to the following terms and conditions: Terms of payment: 30 Days Ship Via UNITED PARCEL SERVICE ! Ground Terms of delivery: DFI Material Description ."Qty Price Ext. Price CF-73NCQTSKM CF-VEB731U PA1555-655 CF 73PM/1700C 512MB" 60GB-1 1 TB 73 PORT REPLICATmr 1 LIND AUTO ADAPTER FOR TB73 1 3,125.00 229.00 81.00 3,125.00 229.00. . 81. 00 Subtotal Sales Tax 3,435.00 223.28 . 1 $ %6 B.. 2J6 . STAFF REQUEST ITEM Department: MIS I Date: 11/05/04 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request approval for the purchase of two computers, one for the Fire Chief and one for the Recreation Center. This is part of the annual replacement plan. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Total cost of the computers will be $2,686.32 plus tax. Money has been allocated for this purchase in the 2004 capital outlay budget. ADDITIONAL INFORMATION ATTACHED Yes X No . ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman ~ Date: 11/5/04 . Minnesota State Store - Contract # 425038 /92-00151 WSCA: Current E-quote Page 1 of 3 Buy Online or Call 1-888-694.1402 SA~ innesota State Store - Contract '# 425038 I 92-00151 WSCA Systems Software & Peripherals Custom Links I Contact ~ E-Quotes~ My Cart Dell recommends Microsoft@ Windows@ XP Professional Help BACK TO: Premier Home> My Cart Your current E"'quote Number E005226243 Detail Help with E-quotes (Click Here) View Options: r View Order Summary {.' View Order Details Total Price*: $2,686.32 Description 1 Dell Dimension 3000 Series Intel@ Pentium@ 4 Processor wI HT Technology (3GHz, 800 FSB) ~ Reconfigure II Remove Quantity 12 Unit Price $1,343.16 Item Total $2,686.32 ~ Update Hard Drive: Friday, November 05,20048:08:54 AM CST 84 RC956882 Intel@ Pentium@4 Processor wI HT Technology (3GHz, 800 FSB) WL308B. [221-6493] Microsoft@ Windows@ XP Professional wpxp. [420-4838] [420.4927] [463.2282) r 313-7222]! 412-0688] [412.0721 ] 512MB Dual Channel DDR SDRAM at 400MHz 512M4. [311-4259] Dell Quietkey@ Keyboard QK - r 310-15821 17 in E173FP Flat Panel Display E173FP . r 320-3945] Integrated Intel@ Extreme Graphics 2 IV - r 320.2870 1 40GB Ultra ATA/100 7200RPM Hard Drive 40 . r 340-9049 1 Date: Catalog Number: Dell Dimension 3000 Series: Operating System: I Memory: Keyboard: Monitors: Video Card: . . . 11/512004 httn'//c.Mt cid1.c.om/rc.ommlhasket.asn Minn. State Store - Contract # 425038/92-00151 WSCA: curre.quote pa. of 3 Floppy Drives and Additional Storage Devices: Mouse: Network Interface: Modem: Document Management: CD or DVD Drive: Sound Card: Speakers: Productivity Software: Security Software: Digital Music: Digital Photography: Limited Warranty, Services and Support Options: Optional Support Services: Internet Access Services: Dell Media Experience: l> add item to your E-quote ~- E~quote E005226243 Details nttrd/r::lrt np,l1 rnm/rrnmm/h::!sket::!sn 3.5 in Floppy Drive FD - [ 340-8860 ] Dell Optical USB Mouse OM - [310-4037] Integrated 10/100 Ethernet IN - [430-0412] No Modem Requested N - [313-36071 Adobe@ Acrobat@ Reader 6.0 AAREAD - r 412-07051. Dual Drives: 48x CD-ROM Drive + 48x CD-RW Drive CDCDR - r 313-2856] Integrated Audio IS - r 313-2758 ] Dell AS500 PA 14W Flat Panel Stereo Speakers for E153,E173,E193 Flat Panels I\S500P A - r 313-2201 1 No Microsoft Office MSONO - r 412-1397) No Virus Protection Requested NOAV - [461-8389 ] Dell Jukebox - easy-to-use music player and CD burning software MMBASE - [412-0691 ] Dell Picture Studio, Paint Shop Pro Trial, Photo Album Starter Edition DPS - [412-0521 ] 3 Year Limited Warranty plus 3 Year NBD On-Site Service U30S - [950-7950] [950-7952 ] Gold Technical Support, Dimension, 3 Year GTS3WL - r 960-0478 1 r 461-37491 No ISP requested NISP -l412-0670 ] r 412-01481 Dell Media Experience ™ DMX - r 412-0660 ] Total Price* $2,686.32 11/5/2004 . . . 4. 5. 6. 7. 1. 2. 3, j . . ~ j .' w~-,~ :er r )._ ~ ~..~ T H ~I RI H P LAC E 0 F M INN E S OT A . ~ *MnDOT APPROVAL REQUIRED FOR MAIN STREET LOCATIONS DATES TO BE DISPLAYED: Nn\J. IS--Dec. .D,J't)OY COMPANY INSTALLING BANNER: FtL T~b' ~ Address FOR OFFICE LJ$EONLY [J . City .. .... D MnDOT ..........[)ate: .. . - ..... Date:" Phone ", -" , -,.. - --- .. .", - -. '" - . -. ..__ _.. _._". '.... d. .__ __. . ..ln$tallefVefifiCCitibnDate: BANNER REQUIREMENTSATT ACHED CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA55082 PHONE: 612-439-6121 . Memorandum To: Mayor Kimble and City Council Members cc: Larry Hansen From: Police Chief Larry Dauffenbach Date: 11/5/2004 Re: Maintenance Agreement Crown Victoria Squad Cars The maintenance agreement for the 2004 Crown Victoria squad cars has not yet been purchased. I would like to purchase the maintenance agreement. The maintenance agreement would be a prepaid maintenance plan. This would cover any other repairs not covered under the extended warranty. . I have budgeted $5,000 per vehicle for the extended warranty. We have two vehicles that need the contracts. The service would be performed at Stillwater Ford. 1 RESOLUTION 2004-223 . APPROVAL OF MAINTENANCE AGREEMENT WITH STILLWATER FORD NOW THEREFORE, BE IT RESOLVED that the Agreement between the City of Stillwater and Stillwater Ford, for maintenance of the 2004 police squad cars as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 9th day of November 2004. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . GUARANTEED MAINTENANCE AGREEMENT . THIS AGREEMENT is made as of the _ day of , 2004, between the City of Stillwater, Washington County, Minnesota, ("City") and Stillwater Ford, Inc., an authorized Ford dealer located in Oak Park Heights, Minnesota ("Ford"). 1. The purpose of this Agreement is to establish guaranteed maintenance for police cars with VIN # that have been purchased by the City from Ford, which will extend the useful life of these police cars and provide for their efficient use, which will ultimately increase trade-in value. 2. For each police car, the City will deposit with Ford the sum of Five Thousand and nolI 00 dollars ($5,000.00) for a total of $10,000.00, which must be kept as a credit to the City's account by Ford and expended only as set forth in this Agreement (the "Fund"). 3. Each Fund will be used for any scheduled maintenance and repairs that are not covered by the warranty. Amounts may be drawn from the Fund only at the direction of the Police Chief of the City or his designee and at the option of the Police Chief or designee and for no other purpose. 4. Neither Fund may be drawn upon or used by Ford for any other purpose and not for any maintenance or other work performed on the police car except by written authority of the Police Chief or his designee. . 5. Sums remaining in the Funds when a police car is either traded in or sold will be returned by Ford to the City. In view of the administrative expense of handling the Funds, the sums remaining will be returned without interest. THIS AGREEMENT MADE this day of ,2004. CITY OF STILLWATER By Jay L. Kimble, Mayor Attest: Diane F. Ward, Clerk STILLWATER FORD, INC. . By Its . STAFF REQUEST ITEM Department: Fire Date: October 27, 2004 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval to renew annual public safety radio maintenance contract with Johnson Radio Communications Co. The fire department has utilized Johnson Radio for several years to maintain and repair the department's public safety mobile and portable radios as needed. Johnson has been a very dependable and reliable contractor and has kept the department's radios in good working condition. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) . The department plans for and budgets for this maintenance contract annually. The 2005 agreement is $140.30 per month, $1,683.60 per year. ADDITIONAL INFORMATION ATTACHED Yes x No Original Copy of the Maintenance Contract Agreement 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: Stuart W. Glaser, Chief ? Date: October 27, 2004 RESOLUTION 2004-224 . APPROVAL OF MAINTENANCE AGREEMENT WITH JOHNSON RADIO COMMUNICATIONS NOW THEREFORE, BE IT RESOLVED that the Agreement between the City of Stillwater and Johnson Radio Communications, for maintenance of the Fire Department radios as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement. Adopted by Council this 9th day of November 2004. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . . - Name: Address: City, State, Zip MAINTENANCE Johnson Radio Communications Co. CONTRACT 660 Transfer Road. St. Paul. Minnesota 55114. (651) 645-6471 - FACTORY AUTHORIZED SERVICE AND SALES - A G R E EM E NT r Customer Stillwater Fire Department 216 N. 4th Street Stillwater, Minnesota 55082 Contact Name: Telephone: Kim Kallestad 651-351-4951 Stuart Glaser 651-351-4970 ITEM QTY. DESCRIPTION . 3 2 1 1 1 1 1 Spectra Mobiles Motorola System 900 Mobiles Syntor Mobile Engine 6107 Mobile GE Mobile Remote I Back Radio Spectra Mobile wI Base, Speaker Mic, & Power Supply Vehicle 6112/ MSC 2000 . . - *MSR 2000 BaselWater Tower CPI Remote tied to paging, encoder & MSR2000 Base Mobile - Vehicle 6111 Fire truck - AAM 25KKC91ANI 103T AG9041 CDM750 Vehicle 6118 Portable Radios Date: October 19, 2004 Maintenance Period: December 1, 2004 - November 30, 2005 ------- ----------- . ---- - -- -- Payment Schedule: Annual Payment - 5% Discount Fax # 651-351-4967 LOCATION PLACE OF SERVICE MONTHLY FEES RATE/MO. TOTAL Customer Customer Site $7.30 $21.90 Customer Customer Site $7.30 $14.60 Customer Customer Site $7.30 $7.30 Customer Customer Site $7.30 $7.30 Customer Customer Site $7.30 $7.30 Customer Customer Site $3.00 $3.00 Customer Customer Site $15.00 $15.00 Included Included Customer Customer Site $7.30 $7.30 Customer Customer Site $35.00 $35.00 Customer Customer Site $7,00 $7.00 Customer Customer Site $7.30 $7.30 Customer Customer Site $7.30 I $7.30 Customer JRCC Time &1 Materials TOTAL I $140.30 *Rate 1 Plan *MSR2000 Base covered 24x7 in emergency situations, all other equipment is covered 8x5. *SA Customers receive Priority Service. *Trip charge is included. *Monday - Friday hourly rate is $80.00 per hour for Special Projects. 1 1 1 1 1 Johnson Radio Communications Co. ey: Date: Customer By: Date: JOHNSON RADIO COMMUNICATIONS COMPANY HARDWARE SUPPORT AGREEMENT * When signed on the reverse side, this Agreement shall be in effect as described below: GENERAL PROVISIONS . SCHEDULE MAINTENANCE: Includes the labor and parts necessary to inspect, clean, maintain and repair equipment at the service center listed on the reverse side of this Agreement, according to the coverage selected (See Rate 1 or Rate 2). RATE 1: This rate reflects coverage limited to internal components of the chassis and control head (if applicable) only. Service for all supporting accessories (Le" vehicle battery, power supply, wiring to radio, antenna parts, microphone, speaker) will be at regular rates (Time & Material). RATE 2: This rate reflects coverage to all chassis, control head, and accessories supporting the operation of the 2-way radio, Power to the radio must be free from noise interference and supply proper radio power levels, FIELD SERVICE: Is included in maintenance agreement. T & M calls will be charged a trip fee. UNLIMITED NUMBER OF SERVICE CALLS: During the Contract period, all parts and labor are included as described under Rate 1 or Rate 2 in the yearly charge. When requested, service will be furnished during normal business hours of 7:30am - 4:30pm, Monday through Friday (Except on National Holidays). 24-hour on-call service is available with charges over and above the Contract rate. Service provided under this Agreement shall not include labor, parts or expenses necessary to repair damage caused bY. acts of God, strikes, fire, water, accident, misuse, or service by unauthorized personnel. Johnson Radio Communications Co., will not be liable for any failure or delay in performance due in whole of part to any cause beyond JRCC's control. JRCC shall not be liable for loss or profit or other economic loss, indirect, special, consequential or other similar damages arising out of any breach of this Agreement or obligations under this Agreement. Invoices will be rendered and payment is to be made in advance on an Service will be performed if your account is 30 days past due. basis at the current rates. No This Agreement will renew itself automatically each year at the rates in effect at the time of renewal and will continue on an annual basis unless cancelled by either party by 30 day written notice. Units added to the existing Contract Agreement will be pro-rated to maintain annual renewal of all covered units. Customer will pay, or reimburse, JRCC for all state and local taxes imposed on Customer or JRCC as a result of this Agreement. This Agreement may be assigned only with the prior written consent of JRCC. This Agreement is governed by the Laws of the State of Minnesota. FCC records and requirements are the responsibility of the licensee. This Agreement includes an annual preventive maintenance check of system to ensure maximum uptime per customer request. Agreement is contingent upon verification of quantities, serial numbers and units in good working condition. SA Customer will receive a 5% discount on battery and accessory items. . Customer will receive a 5% discount for annual billing. . Memorandmn To: Mayor and City Council From: Klayton Eckles, Director of Public Works ~ { November 5, 2004 Date: Subject: Territorial Prison Wall Repair and Restoration Project, (project 2003-08) Attached for Council review and approval is the contract for the repair and restoration of the Territorial Prison Wall. . . AWARDING CONTRACT FOR TERRITORIAL PRISON WALL REPAIR & RESTORATION (Project 2003-08) WHEREAS, pursuant to an emergency requirement for the Territorial Prison Wall a contractor has been selected to perform the work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jay Bros,Inc. of Forest Lake, Minnesota in the name of the City of Stillwater for the Territorial Prison Wall Repair and Restoration therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 9th day of November 2004. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk . . . . . . OC.j-5-3 CONTRACT THIS AGREEMENT, made the day of , 2004 between the CITY OF STILLWATER, a Home Rule City of the Third Class, Washington County, Minnesota ("City"), and JAY BROS, INC., a Minnesota corporation, 9218 Lake Drive, Forest Lake, Minnesota 55025 ("Contractor") . Section One. Services to be Provided. Contractor will provide all labor and materials for repair and restoration of the perimeter wall at the former Territorial Prison site, Stillwater, Washington County, Minnesota, according to the specifications prepared by the Stillwater City Engineer attached as Exhibit "A." Section Two. Place of Work. The services will be rendered at the wall which is located upon Outlot B, Terra Springs, according to the plat thereof on file and of record, Washington County, Minnesota. Section Three. Term and Termination. The term of this contract will commence on October 15, 2004, and will continue until the work is completed. Either party may terminate this Contract at any time without cause. Section Four. ComDensation. The City will pay Contractor on a time and materials basis according to the schedule attached as Exhibit "B." Itemized and verified invoices must be submitted. Payment will be made within thirty (30) days of delivery of an invoice. Section Five. Oualified Personnel. Contractor promises that only qualified persons and subcontractors may be assigned to perform the work. Section Six. RelationshiD Between Parties. The Contractor is not an employee of the City and is not entitled to any benefits provided to employees. Section Seven. Work Standards. Contractor will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted construction practices and will maintain all licenses required for the work under State law. Section Eight. Indemnitv. The Contractor will be responsible for any damages resulting from negligent Contractor's services performed under this Contract and will defend, indemnify and hold the City harmless for these damages. Contractor will not be liable for failure to provide or delays in providing services. The City agrees to defend, indemnify and hold harmless the Contractor from any liability, loss, damages or costs that are the fault of the City. Section Nine. Insurance. Contractor agrees that in order to protect itself and the City under the indemnity provisions set forth above, it will at all times during the term of this Contract, keep in force policies of insurance as indicated in this Contract. The Contractor will not commence work until a Certificate of Insurance covering all of the insurance required by these specifications is approved and a Notice to Proceed is issued by the City Engineer. All insurance must name the City of Stillwater as an additional insured as their interests may appear. . The insurance protection will have the following limits: A. Comprehensive Contractor's General Liability: 1. Bodily Injury (including completed operations and products liability): $1,000,000 $1,000,000 Each Occurrence Annual Aggregate 2. Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable: $1,000,000 3. Personal Injury, with employment exclusion deleted: $1,000,000 4. Excess Liability: . $1,000,000 General Aggregate B. Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 $1,000,000 Each Person Each Occurrence 2. Property Damage: $1,000,000 Each Occurrence c. Worker's Compensation coverage. Statutory limits. D. A Payment and Performance Bond in the amount of $50,000.00 that will remain in effect for one (l)'year beyond the date of completion of the work. . - 2 - . . . Section Ten. Terms to be Exclusive. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. Section Eleven. Waiver or Modification Ineffective Unless In Writin~. No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by both parties to this Agreement. Section Twelve. No Asshmment Without Consent. Contractor will not assign this Contract, nor any of the rights and duties hereunder, without the prior written consent of the City. Section Thirteen. Written Notice. All communications regarding this Agreement should be sent to the parties at the addresses set forth above unless notified to the contrary. Section Fourteen. Governin1! Law. This Agreement is governed by the laws of the State of Minnesota. Dated: .2004 CITY OF STILLWATER Jay L. Kimble, Mayor ATTEST Diane F. Ward, Clerk Dated: if) "-1 R.- C!J 'I , 2004 CONTRACTOR: JAY BROS, INC., a Minnesota corporation .!JIII .1..1 f?'1 ~j( . Jar ~ ly J,)rcd .. C!u /V} JA Y BROS., INC. GENERAL CONTRACTORS P.o. Box 700.9218 Lake Drive NE Forest Lake, MN 55025 By: ,AU?:j'-I, Its: L!. 70 Office: (651) 464-6400 Fax (651) 464-1704 Cell (651) 248-1703 Mark R. Jay CFO cflfIsiI' j"'rh~........@..,~........t ~J.I. I _l - 3 - STATE OF MINNESOTA ) ) ss. ) COUNTY OF WASHINGTON On this day of , 2004, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILL WATER, a Home Rule City of the Third Class, Washington County, Minnesota. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The for~.aoing instrument was acknowledged before me this J)1 day of October, 2004, by ,f11 c:.r J.L I( J.c;..j , the C!..- ft7 , duly authorized agent for JAY BRaS, INC., a Minnesota 60rporation, Contractor. . .... l!I' .... RONALD G. ORFEI Notory PubliC State of Minnesota My commission Expires Januory 31. 2005 , ~-Mt'Ih~ I / Notary Pu6lic () -4- . . . . .i~ General Contractors JA Y BROS., INC. ~xh,'b;'f // i3 : \ TIME & MATERIAL RATES June 2004 Principal $150.00 Ihr Project Manager $ 75.00 Ihr Foreman $ 68.00 Ihr Carpenter, Labor, Cement Finisher, Equipment Operator, Truck Driver, Welder, Tower Climber $ 58.00 Ihr Certified Water Tower Welder $ 96.00 Ihr Shop Welder $ 55.00 Ihr Shopl Field Mechanic $ 55.00 Ihr Office Staff $ 40.00 Ihr . Grove Crane- 293' Boom, 120 Ton $ 90.00 Ihr Boom Truck- 140' Boom, 25 Ton $ 72.00 Ihr Boom Truck- 70; Boom, 16 Ton $ 48.00 Ihr Truck Tractor wI Highboy or Lowboy $ 42.00 Ihr Dump Truck- Tri-Axle $ 39.00 Ihr Dump Truck- Tandem $ 36.00 Ihr Dump Truck- Single Axle $ 30.00 Ihr Dump Truck- One Ton $ 20.00 Ihr *Foreman's Truck $ 18.00 Ihr Pick-Up Truck $ 10.00 Ihr One Ton Flat Bed $ 15.00 Ihr **CA T 330 Backhoe $ 90.00 Ihr **CA T 322 Backhoe $ 72,00 Ihr **CAT 315 Backhoe $ 60.00 Ihr **CA T 416 Rubber Tired Hoe $ 42.00 Ihr **CAT 315 wI Frost Bucket.5 Yard $ 66.00 Ihr **CA T 416 wi Breaker $ 60.00 Ihr ~ **CA T 416 wI Powerhead $ 50.00 Ihr **CA T D5C Dozer $ 84.00 Ihr . **CA T D4H Dozer $ 60.00 Ihr (J(-(J P.O. Box 700 . 9218 Lake Drive N.E. . Forest Lake, MN 55025 .. (651) 464-6400 · Fax: (651) 464-1704 An Affirmative Action, Equai Opportunity Employer. **CA T 140G Blade $ 45.00 Ihr . **CA T 14 Blade $ 36.00 Ihr **CA T 950 Loader $ 54.00 Ihr ~CA T 938 Loader $ 54.00 Ihr **CA T 936 Loader $ 54.00 Ihr CAT 246Skidsteer $ 35.00 Ihr CAT 257 Skid steer $ 45.00 Ihr Bobcat 900 Series $ 45.00 Ihr Bobcat 800 Series $ 35.00 Ihr Bobcat 700 Series $ 30.00 Ihr Bobcat Breaker $ 15.00 Ihr Bobcat SWeeper $ 15.00 Ihr Bobcat Auger- 9", 16",24" $ 15.00 Ihr Powerhead Attachment $ 20.00 Ihr Light Plant $180.00 Iday (Includes 3 lights on 30, mast) Air Compressor $120.00 I day (Includes 100' air hose & normal air tools) Stud Welder $120.00 I day . (Studs billed separately) Welder $120.00 I day (Includes 50' ground & 50' stinger, welding rod billed by the pound) Dynapac Compactor 48" $ 36.00 Ihr CAT Roller $ 42.00 I hr 750# Plate Compactor $168,00 Iday 230# Plate Compactor $ 90.00 Iday Jumping Jack Compactor $ 78.00 Iday 4" Centrifugal Pump $100.00 Iday (Includes 20' suction hose & 50' discharge hose) 3" Diaphragm Pump $ 78.00 I day (Includes 20' suction hose & 50' discharge hose) 2" Submersible Pump $ 84.00 I day (110 volt, 1.5 HP, includes 50' discharge hose) Magnetic Drill $ 72.00 I day ~~ (Bits extra) t?& . . . . Cutting Torches (Includes cart, gauges, 50; hose, cutting torch, gases billed separately) $ 60.00 1 day Core Drill (Bit wear is charged @ $~ X depth of hole) ;( d)f) $ 60.00 1 day CLARIFICA nONS: 1) * Includes miscellaneous hand tools, miscellaneous electric tools, portable generator, cut off saw. 2) - Requires lowboy for transport- $100.00/ hour charges port to port. 3) Equipment is un-operated. 4) Delivery is charged port to port. 5) Daily rates are based on 8 hours per day. 6) Labor: Overtime is charged after 8 hours per day. Saturday rates are 1.5% standard rate. Sundays and holidays are at double the standard rate. 7) We also Have numerous support equipment not listed above. 8) A total of 20% is added to the total materials. Subcontractors are charged a 15% fee, and rental equipment is charged a 15% fee. 9) Our pricing reflects a work week of 5 days at 8 hours per day. If overtime or weekend work is required to get sites completed according to your milestones, we will expect reimbursements as outlined in our Time & Material Rates. 10) We reserve the right to modify our pricing as required to meet specific site conditions. 11) Per Diem- $75.00 per day per man. These labor rates do not reflect prevailing wages. /tJ-l~ f~ .. f . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director fl/ November 3, 2004 Zoning Map Amendment Changing Zoning Designation of Approximately 10 Acres of Land from Business Park - Industrial, BP-I to Business Park Commercial BP-C. Case No. ZAM/04-03 Background. The Planning Commission reviewed the zoning amendment request at their meeting of October 11, 2004 and recommended approval as consistent with the City' Comprehensive Plan. Recommendation: Approval of Zoning Map Amendment (ordinance pt reading). . Attachment: Staff report and minutes. . .. \ Memo To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director October 7, 2004 Zoning Map Amendment Changing Zoning Designation of Approximately 10 Acres of Land from Business Park - Industrial, BP- I to Business Park Commercial BP-C. Case No. ZAMj04-03 Background. The Comprehensive Plan designates the site Business Park Commercial. A few years ago the site was rezoned Business Park Commercial to Business Park Industrial to accommodate the current use. The request for the BP-C designation is consistent with the Comprehensive Plan. Recommendation: Approval of Zoning Map Amendment changing the designation from Business Park Industrial to Commercial. Findings. The rezoning is consistent with the Comprehensive Plan. Attachment: Application CPC Action on 10/11/04: +6-0 approval ~ " . . ..!; . - , . . . City of Stillwater Platming Commission October 11, 2004 Mr. Ranun called the height issue "a .moying target" and suggested perhaps tabling the request .until building cross-:.sections are provided. Mr. D.ahlquist said he would like to see addit~on:al information about parking and storm water drainage. . .. . Mr. Teske moved approval as conditioned, with the additional condition that the structure not exceed 731 feet as measured from the Lake Street elevation. Mr. Middleton seconded the motion. There was a question as to the base height. 706' feet is the base. Mr. Teske asked to amend his motion to reflect that 731' is the height to the peak of the structure. Mr. Middleton agreed to that amendment. Amended motion passed 5-1, with Mr. Dahlquist voting no. Regarding the marina approval, it was noted that all existing docks would be removed and replaced by one new dock. Mr. Russell noted the applicant is getting approval of a master plan, which the marina never had before. Mr. Middleton noted the proposal cleans up the area and moved approval as conditioned. Mr. Teske seconded the motion; motion passed unanimously. ~ase No. ZAMl04-03 A Zoning Map Amendment changing the zoning of Lots 1-7, Block 1 Matt Hooley Addition (2001 Washington Ave.) from BP-I, Business Park Industrial, to BP-C, Business Park Commercial. James H. Gilbert, representing Mikden of Stillwater, applicant. . Mr. Gilbert, general counsel for Mikden, noted the parcel in question was originally zoned BP-C . . but was changed to BP~I to accommodate use of the building, the one-time Cub Foods Store at 2001 Washington Avenue, for use by the Andersen Corp. Andersen's lease is expiring, he said, and the company will be vacating the building. Mr. Gilbert said Mikden has a potential agreement with Herberger's to occupy the building and is requesting the zoning be changed back to BP-C. Mr. Middleton moved to recommend the zoning change. Mr. Teske seconded the motion; motion passed unanimously. Case No. V/04-88 A modification to a variance request to the height regulations (50' allowed, 60' 8" requested, 4 stories allowed, 5 stories requested) for construction of a 68-unit condominium with underground parking garage at 501 N. Main St., The Lofts of Stillwater, in the CBD, Central Business District. Jack Buxel~, applicant. Mr. Buxell was present. Also present for this discussion was Howard Lieberman, chair of the city's Heritage Preservation Commission. .,~ . J;:ti'/ ; Mr. Buxell discussed design revisions that were made following concerns expressed af the September Planning Commission meeting. The comers of the building have been opened up, as shown in the original designs, and the proposed colors are more like those in the original design sketches. He provided color samples. 4 O~ G'-~A-_. " PLANNING ADMINISTRATION APPLICA liON FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER . 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision Subdivision. Comprehensive Plan Amendment. x Zoning Amendment. Planning Unit Development · Certificate of Cor:npliance The fees for requested action are attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting matenalls . required. If application is submitted to the City Council, twelve (12) copies of supporting material Is required. A site plan is required with applications. Any Incomplete application or supporting material will delay the application process. PROPERTY IDENTIFICATION . 32-030-20-34-0008 an~ Address of Project 2001 Washington Avenue . Assessor's Parcel No. ~?~OlO-?0-4l-0008 ~ . . (GEO Code) 0013 Zoning District BP-I Description of Project Mikden of Stillwater . "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit If it Is granted and used. " Property Owner Mikden of Stillwater, LLC Representative James H. Gilbert Mailing Address 410 Hayward Avenue North Mailing Address 10159 Wayzata Blvd., #250 City - State - Zip_ Oakdale. MN 55128 Telephone No. ct51/714-0030, Slgnature~L~ (Signature is required) Lot Size (dimensions) x Land Area 456 ~ 209 Sq. ft. Height of Buildings: Stories Principal ? Accessory Feet 40 City - State - Zip Minnetonka. MN 55305 Telephone No. . 9521960-4,290,{11L ^_() Signature ~ \\. ><1~ ~nature is required), ,.~_ SITE AND PROJECT DESCRIPTION Total Building floor area 95,362 square feet Existing 95,362 square feet Proposed square feet Paved Impervious Area square feet No. of off-street parking spaces 613 . .. " . . . JAMES H. GILBERT LAW GROUP P.L.L.C. 10159 WAYZATA BOULEVARD SUITE 250 MINNETONKA, MINNESOTA 55305 TELEPHONE (952) 960-4201 General Number (952)960-4200 Facsimile (952) 960-4210 ihl!ilbert{@'lawl!ilbert.com September 24, 2004 Planning Commission City of Stillwater 216 North Fourth Stillwater, MN 55082 Re: 2001 Washington Avenue, Stillwater, MN Lots 1-7 inclusive, Block 1 Matt Hooley Addition, Washington County Tax ID Nos.32-030-20-34-0008; and 32-030-20-43-0008 through 0013, inclusive Rezoning Request: BP-C - Business Park Commercial District Dear Sir or Madam: I represent Mikden of Stillwater, LLC, the owners of the above-referenced property. Mikden of Stillwater, LLC, has a letter of intent with Herberger's to lease the existing building at this property for a new retail store. Herberger's would renovate and improve the property to meet its retailing needs. This property is zoned Business Park Industrial, BP-I (light industrial and office uses) and has been occupied by Andersen Corporation. This site was originally zoned by the City in 1985 as Business Park Commercial District (BP-C) and was occupied by Cub Foods for a number., of years. In 1996 it was rezoned for Andersen Corporation to its current zoning of . BP-I. My client requests that this property be rezoned back to its original use, under current zoning as BP-C. We believe that locating a Herberger's retail store at this location will be a benefit to the neighborhood and the City, providing Planning Commission City of Stillwater September 24,2004 Page 2 quality merchandise at a convenient and easy to access location, with little, if any, . impact on the surrounding neighborhood. .. Attaching hereto is sixteen (16) copies of the Application, City parcel base map, site plan and a check in the amount of $2,500 for consideration at the Planning Commissions October 11, 2004 meeting. Your consideration is this matter is greatly appreciated. Sincerely, JAMES H. GILBERT LAW GROUP, PLLC J~=l~eW Enclosures cc: Michael J. Givens .. " . . .. . , " . / ffj '-..l I I I . ".. . . J 2020 ...... I f I . I ! 11931-1901 I · i I ;,.. I ! ; i r ' ....' "t".. I i . . / 2000 I ...... '1" . . . I ,. m'. ._..~.- ! i -..... ..... .... . .'...-....-.-1 . . 1900 I r 1S76 1126 i I DRIVE ! I 1 I 46 . . ...... . , . ." fl(. -z. f) " , ~ ~ . 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Steve Russell, Community Development Director I""" November 5, 2004 Appeal of Planning Commission's Denial of Modification of Variance for Height Regulations, 54 feet 11 inches and 59 Units Previously Approved, 59 feet 6 inches and 68 units Currently Requested at 501 South Main Street in the CBD Zoning District. Case No. V/04-88. Background. This request was heard by the Planning Commission at their meeting of October 11, 2004. There was some discussion of the height shown on the plans of the original 2002 Planning Commission/Council approval. The applicant indicated the height of the original approval was approximately 59 feet, 6 inches rather than the 54 feet 11 inches approval. Other considerations that make this site unique is its location next to the flood plain of the St. Croix River and the need to raise the site elevations to protect against flooding. The regulatory flood elevation is 693.5. The first floor of the structure is 697.5 As was mentioned in the initial review of the development, the Downtown Plan contains specific guidelines for this special site #3. One of the site development guidelines indicate a height of as high as 6 stories for a residential building. The Planning Commission expressed concern for downtown building heights higher than the 4 stories, 50 foot downtown height limit. The commission denied the requested modification by a 5-1 vote. Since the Planning Commission meeting, the applicant has worked with the Heritage Preservation Commission on an acceptable building design. Attached to this report are plans for a 54 foot, 11 inch building and a 59 foot, 6 inch building. Both are acceptable to the Heritage Preservation Commission..~ Recommendation: Decision on appeal. Attachment: Planning Commission staff report and minutes, 10-11-04. Letter of appeal, 10-15-04 and revised plans. II II Iii Ii II J~ ~. . .~~---~. '. ST. CRax RIVER ....:,",". .. 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I " , "'" " , I I I " ''"'''''._ .,' . _-....<in ....., . --'"""'. . .IRI'...,..'..!-,!.!,.II J11-J..l.,_.-.'~-' . . ,,:' -[;l ~ c& ii~~i ~;;o~~:1~~O;';;%- -:-';B ~~,'6 '~-:-~ '-.rl:J i'~~]j n J 0 .' . . i~~'Jp6DQ~D ~D;jsJ~'!'!ODf:~:f~~~~,~6o;oo': [J~~ rP:\[:doo:o~- . l: fJ'" , ,_ ._",.', " ,; ii' ," i'; E;;;;,'r'-:-...'c; -, ..)1.,,- .' . ....i'...,', ., i Iii';"; ,.-; nOT 'or-J....,. ~ "'.-i _.:. -=- ".'_. ..- ~. .... ., - . 1.:-......... .-.' .;:J In . ".' ;"';".-:J C - - . . '-.-) r \ \ J- . ,~ ',0 CI SllLLWA1'EK DOWN'l'OWNYLAN . . S;;:Cial Sites 1-6,9 lllllll....~ . Design Guidelines: ~. o The project landscape plan shall complement' the' new streetscape design for the North Main Street. . o Parking areas should. be screened from Main Street view by landscaping or other methods. o Downtown. Design Guidelines, Central Business District and Floodpla.in Development requi rements shall be met. o A pedestrian pathway connecting the' river walkway system with Main Street shall be provided. . o On-site parking shall be provided for staff and patrons at a rate of one space per employee at maximum shift and one space per 2.5 dinner places. Special Site 113 This site is just south of Site 112, sitting on the east side of Main Street overlooking the marina. The two-acre site is currently underutilized with commercial uses in a converted gas station. .tocated overlooking the marina and river, the property has good potential for residential use. Based on the demand for future office, retail and hotel sites, there is adequate land closer to Downtown that could provide those uses. Residential use on Site 113 would extend residential use below Pioneer Park across Main Street and provide clo- sure and definition to North Main Street commercial ac.ti- vity. Depending on design, the residential use could . frame a visual gateway for southbound vehicles along Main Street. Preferred Land Use: Multifamily Residential. Other uses: office, retail, commercial, hotel or pUblic parking. . , ~. 46 . . . Design Guidelines: '~ o The project landscape plans shall complement the new streetscape design for North Main Street. o Provide a landscaped pedestrian pathway along the south. property boundary connecting Main Street to river walk- way system. o Parking areas shall be screened from Main Street view. (f)O The height ofconmercial or office building, shall be. two to four levels and for residential, as high as six stories, depending on design and adequate parking. o Provide on-site parking according to use requirements. o The site shall not be subdivided into smaller parcels. o New development shall be consistent with Central. ~usiness District, Floodplain Regulations and Downtown. Design Guidelines. .Special Site #4, This site is situated between Main Street and Mulberry Point just south of Site #3. The new heav.lly landscaped Mulberry Boulevard runs along the south boundary of .the site. Existing buildings on the 2.a-acre parcel are in poor con- dition and should be demolished and the site cleared. As with Site #3, there is potential for residential development overlooking the mar~na and river. Other possible uses include hotel, office, mixed use, and public parking. Preferred Land Use: Multifamily, residential, hotel, office, mixed. use and public parking. ~I 47 . . . ",l i' I',. , ., , " . .', E0'd ltllOl ,I September 15, 2004 S4e Fitzgerald , City Planner City of Stillwater City Hall 216 N. 4tl1'Street Stillwater, MN 55082 " (l,u /0 - IS- -~ Y . " 'fZ- Re: The Lofts of Stillwater at 501 R Main Street Appeal of Planning Commission Decision Dear Sue, On behalf of Mark Saliterman and Lofts of Stillwater, Inc., we request that' the City Council consider overturning a decision by the Planning Commissio~ to deny our request for variances. This project was denied requested variances to the allowed height and number of floors. We are appealing this decision and would like to appear before the Council at their November 9,2004 meeting. . Atta~hed:. Planning Administration Application Form CC: Mark Saliterman c0'd c01.l.cSBc't9 ..~ ... 3~nlJ31IHJ~tl ll3xna f 9c:c't v00c-S't-1JO . > . ':'\'~"-. .,e height issue "a IDoviug larget" and suggested perhaps tabling the request ;-sectionsare prOvided.1I1:r. .Dahlquist said he Would like to See additional _ Jarking and stoDD Water drainage. . . . apProval as conditioned, With the additional condition that the structure not as measured from the Lake Street elevation. 1I1:r. Middleton seconded the as a question as to the base height. 706' feet is the base. 1I1:r. Teske asked to m to reflect that 731' is the height to the Peak of the structure. 1I1:r. Middleton nendment. Amended motion passed 5-1, With Mr. Dahlquist voting no. . art, genersl counsel for Mikden, noted the Parcel in question Was originally zoned BP-C changed to BP-I to accOlInnodate use of the building, the one-time Cub Foods Store at ashington Avenue, fnr Use by the Andersen COlp. Andersen's lease is eXpiring, he said, a company Will be vacating the building. 1I1:r. Gilbert said Mikden has a potential .lent With Herberger's to occupy the building and is requesting the zoning be changed back -C. .-.~ A Zoning Map Amendment changing the ZOning of Lots 1-7, Block I Matt Jdition (2001 Washington Ava.) from BP-I, BUSiness Park mdustrial, to BP-C, 'ark COlInnercial. James H. Gilbert, r"Presenting Mikden of Stillwater, applicant. marina approval, it Was noted that all existing docks would be removed and Je new dOCk.1I1:r. R.USsell noted the applicant is getting approval of a master plan, lTina never had before. Mr. Middleton noted the Proposal cleans Up the area and ,val as conditioned. Mr. Teske seCOnded the motion; motion passed lInanimously. Middleton mOVed to recOlInnend the zoniug change.1I1:r. Teske seconded the motion; motion jed unanimously. ~ No. V/04-~ A mOdification to a variance request to the height regulations (50' allowed, J' 8" requested, 4 stories allOWed, 5 stories requested) fur construction of a 68-unit JndoIninill1n With underground ParlOug garage at 501 N. Main St., The Lofts of Stillwater, in he CBD, Central BUSiness District. Jack Buxell, applicant. 1I1:r. Buxell was present. Also present for this discussion Was HOWard Lieberman, chair of the city's Heritage Presezvation COllllnission. ;;~ .:; 1I1:r. Buxell diSCUSSed design revisions that were made follOWing concerns expressed ai ..llie- September Planning COllllnission meeting. The comers of the building have been opened up, as shown in the original designs, and the proposed colors are more like those in the originaJ design sketches. He provided color samples. ~ P,,- . 4 . . . \ . .. City of Stillwater Planning Commission October 11,2004 .Mr. Gag asked if there had been any changes to the l;1eight ofthestructure. Mr. Buxell provided a comparison of the building as presented in September 2002 and October 2004; the comparison . listed.square footage; the number of units. and parking spaces; and height. Mr. Buxell said the figure of 54' 11" to the mid-point of the roof that was originally approved was due to a mistake on the applicant's part. The September 2002 plans proposed a 5-story structure that was 59'6" to the mid-point of the roof as defined by city ordinance, 66'6" high to the roof ridge. The proposed height remains 59'6" to the mid-point and 65'6" to the roof ridge. The height has never changed, he said. He also pointed out that this site is. designated in the city's Downtown Plan as having the potential for a residential structure of as high as six stories. Mr. Lieberman pointed out the design of the building seems to be evolving. He said the HPC objected to the stylistic changes as being too far removed from what the HPC conceptually approved. He also suggested that both the HPC and Planning Commission need to focus more on architectural drawings rather than design renderings to identify what will actually get built. Linda Amrein, 307 E. Laurel St., expressed a concern about the height of the structure and urged the Planning Commission to stick to the ordinance with respect to height restrictions. Mr. Ranum noted that height seems to bean issue with every project. Several members expressed a. concern about the impact of the structure from. the river elevation. Mr. Dahlquist. stated the river view is as important as the street view and said he would not support a height variance or a fifth floor. Mr. Peroceschi pointed out the Commission has already approved a 55' high structure. Mr. Ranum, seconded by Mr. Dahlquist, moved to deny the variance modification. Motion to deny passed 5-1, with Mr. Middleton voting against. Other items:. Mr. Russell briefly reviewed the proposed trail plan revisions and proposed trail improvements. Mr. Ranum, seconded by Mr. Teske, moved to recommend approval of the trail plan revisions and trail improvements as put forth by staff. Motion pass~ unanimously. Mr. Russell suggested scheduling a workshop to discuss and explain the city's height ordinance. The recording secretary left at 9:40 p.m. .~ ",9' ~ ~.:..' -. Respectfully submitted, Sharon Baker Recording Secretary 5 /f}cl (, q __ .. 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J,BUXELL .o\IICm11rn'lI[. L"fI) ......."'--, ---......-............ ....~-............~,..- -- --.----...- -.........-.,--. .......---..-. '- N ~ ':P ~ III Z 0\ ~ ~ ..- LO .. ~ I- ~ ~ I ~ u; ~ ~ W ~ I ~ ~l z 0 -I en :::::> ~ c: CO ~ C '€ V') Z ~ 0 S III ~ :> w -I W no.looftoolSoaho__ ~..:.t;;t'~-= ....-.. ......, """""""" --- ..,""""110....'" ,.. .:a~a:..uut ALT.B.t:Vil.TOtS ..ZUL _M ...... IIIRT ...... _M ...... fCUCllTat.. IU." ClIDEJIl$f'CIIIII ..u.... Cllllf;1lDPlllISl fS.O'... ,., IONT IltuL .., fOR """- EAl~::lTK B.tVA11ON$ fBJ AlT.' =:""MI.: -= DESICJIaD: I. Il&AYo':'I ",,-'ftI A5.11 fI . Memo To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director October 8, 2004 Public Hearing on Modification to 68-Unit, 5 Story, Lofts of Stillwater Development. Case No. SUPjVj04-88 Background. The Lofts of Stillwater project was initially approved by the Planning Commission on October 14, 2002 (minutes attached). Since that time, the project has changed in the following ways. . According to the attached chart, the height of the building has remained the same but the number of units in the modified project has increased from 59 to 68. In the original proposal, no residential units were located on the fifth floor. The revised plans show 4 units on the 5th floor. The original plan had 5,550 square feet of sth floor community room. The current 5th floor has 15,840 square feet of dwelling units and 6,024 square feet of storage floor space. Parking for the proposed use has increased from 132 spaces to 136 spaces to accommodate the additional units. For 68 condominiums, 136 . parking spaces are required. The height of the modified building is the same (59' 6") as the originally approved building as shown on the attached chart. On September 8th and October 4th, the Heritage Preservation Commission reviewed the design modifications to the building. The architect is working with the Heritage Preservation Commission to obtain revised design approval. The Heritage Preservation Commission is scheduled to again review final plan at their November 1 regular meeting. . The architect has made design changes since the last Planning Commission meeting based on Planning Commission and Heritage Preservation Commission comments and can present them at meeting time (original approved plans attached). The Heritage Preservation Commission invites Planning Commission members to attend their November 1, 2004 meeting and Chairmain Howard Lieberman offered to attend the Commission meeting to provide Heritage Preservation Commission prompt ,- .... background directly to the commission as needed. The modified plans in terms of use and development requirements is similar to the originally approved plans with the exception of number of units. The number of units . has been increased by 9 based on room redesign and the addition of 4 - 5th floor units. . . . The size of the building has increased 15,000 square feet based on the additional units. Parking spaces have been added to accommodate the additional units. Although the plans have changed, the use is consistent with previously approved use, and the Downtown Plan. . Recommendation: Approval of modified Lofts Project use subject to final design approval by the Heritage Preservation Commission. Attachments: Application and Plans "" "... 'c0'd'll;:llOl . Lofts of Stillwater Gross Square footage comparison ~tember 2002 October 2004 1st floor 31,410 30,358 2nd floor 31,010 30,691 3rd floor 31,010 30,611 4th floor 31,010 30,297 5th floor 5,550 5th floor storage 6,024 5th floor non-stOraop. 15.840 totai gross s.f~ 129,990 143,821 garage 41,995 41,919 total with garage 171,985 185,740 Units and parking c:omparison Seotember 2002 October 2004 . homes 59 66 guest suites 2 Qaraae parking stalls sing-Ie' 116 104 Darkina stalls tandem 8 16 total parking In garage 132 136 Height comparison floors S 5 height to midpoint of roof (Cltv ordinance definition) ,~~ fl: - 6 In 59 ft - 6 in height to "root'tidge 66 ft - 6 in 65 ft - 6 in .." "Ii". . ;4/4/ J: a~11 t1nf,~ leJ.7"1 c0'd c01.l.GS8cl9 3~nlJ31IHJ~l;:I ll3xna f Sc:vl v00c-1.0-1JO . From:SALlTERMAN. RIES AN! fl,LMlJUIST 952 920 8474 ml2,r1/~004 14:51 #904 p.om PLANNING ADMINISTRATION APPLICATION FORM ~eNo: y!glf-tt- Date Flied: 7..!f:l-ct& Fee Paid: Receipt No.: COMMUNITY OEVElOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STilLWATER MN SgOB2 ACTION REQUESTED Special/Conditional Use Permit v Veriance ... Resubdlvlslon SubdIvisIon. Comprehene;lve Plan Amendment" ZonIng Amendrnanr Planning Unit Developmint . Certificate of Compliance Th. fees for requested action are ;att.ched to this application. "'An escrow foe is also required to offset the costs of attorney and .nsineering fees. The iJpptlcant Is I'e$ponsible for rhe oomplQteness and accuracy of all fg'm~ and supporting material submitted Tn connection with any ~ppllcation. All supportIng matel'lal (I 8.# Photoll, Ilketches, etc.) submitted with 8pplJcation becomes the propefty of the City of StillWater. Sixteen (16) COplS5 of slJPponlng mat.fl.,;s required. If appUcatJon is $ubmltted to the City Council, twelve (12) c:op;.~ ofsupportJng material is requil'ed. A sitl! plan 1& ,.qu/,.d with applications. Any lneomp/ete application or supporting materIal will delay the IppHcation proce$s. PROPERTY IDENTlFICATION Address of ProJect $0 I I>J~ M4~.,.,z.f."e I I Assessor's Parcel No. 1..So3o"2.CPf~3 . .. _, . Ll. , I r. I., ~ (GEO Code) Zoning District CSf) Description of Project ~ "f'~ "1 hQreby st4te the foregoing ~'atem.nu tlnd all data, In/ontlatlon and evidence submitted herewith in all T8Sp.Cb, to the begt of my knowledge and bell.~ to be tro. and c"rrect. I turlhel' cel1/fy I will comply w/rh the p.nnlt jf it i$ granted and ~ed. '\ _ I Loft. tf ,\\~,.......1 woo. A _ \ L \. L' a Property Owner_ ~..'< s.- \ t"v-.e."- Representative J, Bu_\\ nn.~\~"'Ture : 1'1;\ . MalllngAddress ano\;\~~~..,_ ~v,-k tOn MalllngAddress ~tj!) N.-rL.nAS+: ., .., . City - State - ZIp ~+. \...u., ~ P.r k. /"'11<1 SS'ln~ City - State. Zip M. ~\I\~\\,,). MAJ S"S L.\ol T e1.phone No. '~';'20; 1I".fZ- T olephone No. b 1'2. -1. ;~~'Y;' V Slgl)ature~J~" Slgn~",r8 do/#'~ .; (Signaturll is required) (~gnat~'e is required) Lot Size (dirnensiol1i) Land Area Height of Buildings: Principal Accessory x SITE AND PROJECT D!:SCRIPTION Total Suilding floor area IBis. I 1 ~ aquare feet Existln~ 0 .quare feet f eel I' ~rOp~l!4 JJ It 113: tlquare feet 1.0'. B Paved Impervious Area squere feet No. of oft'-street parkIng spaces Stories S"' . t"OI'..J ,IiIJ.J .?<:1=l? T q ~~, I '"'I~ I T I-lL'-lH i'T-l'ln~ I- ~t":?T b~?-b?-..J~~ September 24, 2004 Sue Fitzgerald City Planner City of Sti Ilwater City HJII 216 N. 4th Street Stillwater, MN 55082 ' Re: The Lofts of Stillwater at 501 N. Main Street Planning Commission Variance Requests Dear Sue, On behalf of Mark Saliterman and Lofts of Stillwater, Inc., J. Buxell Architecture is submitting the attached application and supporting materials for consideration of two variances by the Stillwater Planning Commission. We request to be placed on the Planning Commission Agenda for October 11, 2004. We are requesting two variances. First we request a variance from the 4 stories allowed in CBD to 5 stories. Second, we request a variance from 50 feet building height allowed to 60 ft 8 in. , Variance Request One . Five stories req~ested. Four stories allowed. We are requesting to be allowed to' use the volume under the roof trusses as residential homes on a fifth floor rather than empty rafter space. This does . not affect the height of the roof ridge. We have pulled the soffits slightly' back and up to accommodate fifthe floor windows. We belieye that the , 'parapet height is suc:hthat there will be littlenoticeable difference from the, . surrounding neighborhood due tOthis change.. . ' , Variance Request Two 60' -8" building height requested. 50'allowed. 54"-11 "variance previously . granted. . - . Due to the alterations in the soffit line to accommodate the fifth rloor , occupancy, the mid-point of the roof (between plp,te and ridge) has moved. to 60' -B". The overall building heightof66' -6" has not changed from that what was previously approved. Again, We believe that the parapet height is I. : ,', such that there will belittle noticeable difference from the surrounding neighborhood due to tbi~ change. " The Lofts of Stillwater at 501 N. Main is proposed as 68 homes in five floors over an underground parking garage. The gross building floor area (including the g~rage) will be 186,173 square feet. Construction on piles, footings and foundations is underway. Plans for building permit should be under review by the State of Minnesota and the City Building Department by the time of this Planning Commission meeting. J Musolf J. Buxell Architecture, Ltd. CC: Mark Saliterman' :-r 1&- . . . City of Stillwater Planning Commission Minutes October 14, 2002 A group of twenty one neighbors represented by Bob Bonean, 709 W. Willard Street, Chris Gerard, 719 W. Willard Street and Scott Sheely, 716 M. Marion Street were upset that Mr. Wolff did not inform them about the plans forthe land: . Mr. Bonean expressed that the neighbors were concerned with the impact the subdivision would have on the neighborhood and drainage issues. The group would like to get together with Mr. Wolff to discuss these issues. Council Representative Zoller informed the neighbors that deny the request since the subdivision meets all requirements. Motion made by Commissioner Ranum; seconded by Commissioner Middleton to recommend approval of the subdivision request for splitting a 22,500 square foot lot into two lots of 14,550 and 7,812 square feet located at 721 S. Martha Street with the following conditions: 1. 2. 3. Drainage and utility easements shall be provided around both new lots. The existing residence shall be connected to the city sanitary sewer and water systems. The existing septic system shall be decommissioned as required by the City Building Official. Motion passed. 7 fore, 1 against. Case No. V/02-70. A.variance tothe front yard setback (30 feet required, 11.7 feet proposed) for the construction of a new single family residence on lot north of 721 South Martha Street in the RB, Two Family Residential District. Bahr Construction, applicant. Applicant needs to provide additional design detail. If applicant decides not to go ahead with variance, he is still able to build a home that will meet City requirements. Motion made by Council Representative Zoller, seconded by Commissioner Middleton to direct staff to send notice to the neighbors for the November Commission meeting. If the variance is dropped the neighbors would not receive a meeting notice. .. ",.. Case No. SUPNI02-72. A special use permit for a 59 unit multifamily condominium building with variances to maximum height (50 feet, 4 stories allowed, 5 stories 54 feet 11 inches proposed), front yard setback (15 feet required, 6 inches proposed) and rear yard setback (20 feet required and 10 feet 8 5 . City of Stillwater Planning Commission Minutes '. October 14, 2002 inches proposed) at 501 North Main Street in the CBO, Central Business District. . The Lofts of Stillwater Inc~ represented by J. Buxell Architecture; Ltd., applicant. The Heritage Preservation Commission reviewed the project design and it was conceptually approved subject to several conditions. The Commission directed staff to work with the applicant to refine the plans, including the engineering, landscape and flood protection plans. The location of the building will be in the Floodplain District. The Department of Natural Resources is reviewing the site plan and parking garage, and will direct the developer in terms of what flood proofing standards must be met. . Mr. Buxell requested a use permit and four variances for a 59 unit condominium project. The units will range in size from 1200 square feet to 3800 square feet. The building will consist of four residential floors of wood frame construction over a concrete underground parking garage. Mr. Buxell proposed a fifth floor party room and open air deck which all would be tucked under into the river side of the hipped roof. All resident and guest parking will be underground, two parking spaces per unit. The exterior fa~ade of the building will primarily be brick and glass with stone trim. The site is 1.44 acres. ' Monty Brine, 402 and 450 N. Main Street was concerned about the impact the residential area would have on Downtown. Mr. Brine is not against the development. Commissioner Ranum felt the development is out of character, the size is not compatible and he is concerned about the lack of setbacks. Commissioner Teske felt the development won't extend the downtown look and he is also concerned about the lack of retail, however he is glad to see more residents. . Motion made by Council Representative Zoller, seconded by Commissioner Middleton to approve SUPN102-72 with the following conditions: ' 1. The building shall be designed in conformance with the State Building Code Floodproofing regulations.,. "., 2. The structure shall be designed in conformance to FEMA guidelines. 3. All utilities shall be completely screened from public view. A lighting plan showing the fixture type, height location and exterior lighting intensity shall be submitted with building permit plans for Planning Director approval. All lighting shall be directed away from the street and adjacent 6 . City of Stillwater Planning Commission Minutes October 14, 2002 4. properties. Light sources shall be shielded from direct, view and protected from damage by vehicles. ,. ' . 5. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. 6. Continuous concrete curbing shall be installed to separate parking areas from landscaped areas. 7. Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project. 8. The street address of the building shall be displayed in a location conspicuous from the public street. 9. The trash enclosure shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project. 10. All trees required to remain on site, as indicated on the plans, shall be protected by fencing or other necessary measures shall taken to prevent damage during construction activity. No roof equipment shall be visible to the general public. All gutters, downspouts, flashings, etc. shall be painted to, match the color of the adjacent surface. Construction projects shall conform to the City's Noise Ordinance. Construction during the dry season shall mitigate excess dust problems. A sign permit shall be required for all project signs. Grading and drainage plan shall be approved by the City Engineer before building permits are issued. Sign package shall. be approved by the Heritage Preservation Commission, including directional signs. Exterior lighting plan to be reviewed and approve by the Heritage Preservation Commission. All security lights on building shall be down lit. A sign permit is required for signage. All exterior modifications to the approved plan are to be reviewed by the Community Development Director. Park dedication shall be required. . 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Motion passed. 7 fore, 1 against. ,4 ~,..- OTHER ITEMS . Boutwell Area Plan Council referred 7 . . . - ' '0\ PLANNING APPLICATION REVIEW FORM CASE NO. SUPNI02-72 Planning Commission Date: October 14, 2002 Project Location: 501 North Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Jack Buxell, J. Buxell Architecture, Ltd representing Mark Saliterman, The Lofts of Stillwater, Inc. Type of Application: A special use permit and variances Background: The Heritage Preservation Commission reviewed the projects design at its meeting of September 4, 2002. It was conceptually approved subject to several conditions. The Commission directed staff to work with the applicant to refine the plans, including the engineering, landscape and flood protection plans. The location of the building will be in the Floodplain District. The Department of Natural Resources is reviewing the site plan and parking garage, and will direct the developer in terms of what flood proofing standards must be met. Given that the proposed project is located within the Floodplain Overlay District. City Council is the board that authorizes variances and use permits. The Planning Commission makes a recommendation. Project Description: A special use permit for a 59 unit multifamily condominium building with variances as listed below. Discussion: The applicant is requesting a use permit and four variances for a 59-unit condominium project. The l:Inits will range in size from 1,200 square feet to 3,800 square feet. The building will consist of four residential floors of wood-frame construction over a concrete underground parking garage. They are proposing a fifth floor party room and open-air deck which all would tucked under into the river side of the hipped roof. All resident and guest parking would be underground, 2 parking spaces per unit. ' The exterior fac;ade of the building will primarily be brick and glass with stone trim. The site is 1.44 acres. ' ' The proposed use, residential, requires a special use permit in the Central Business Zoning/Flood Plain Overlay District. The four variances requested are for:,. ,,~ 1. Maximum height of the building - 50 feet, 4 stories required, 54 feet 11 inches, 5 stories requested. Due to the site's proximity to the river and the potential for flood conditions, they will need to have the parking garage that is located under the residential units to be partially above grade. . 2. Number of floors - Four permitted, five requested. This is to include a party room and an outdoor deck. 3. Front yard setback - 15 feet required, 6 inches proposed. The site would be separated from Main Street right-of-way by an 18400t wide tract owned by the Minnesota Department of Transportation. The developer is requesting to build all the way to the front property line, leaving the18~footsetback if the width of the MNDot tract is considered. The plan shows landscaping in thisarea~ ' 4. Rear yard setback - 20 feet required, 10 feet 8 inches requested. The rear yard setback of the building as proposed varies from 90'-7" to 1 0' -8". The average rear yard setback is greater than the 20 feet required. This variance request if due to the unconventional shape of the lot. Recommendation to City Council: Approval as conditioned. Conditions of Approval: . The building shall be designed in conformance with the State Building Code Floodproofing regulations. The structure shall be designed in conformance to FEMA guidelines. All utilities shall be completely screened from public view. A lighting plan showing the fixture type, height, location and exterior lighting intensity shall be submitted with building permit plans for Planning Director approval. All lighting ,shall be directed away from the street and adjacent properties. Light sources shall be shielded from direct view and protected form damage by vehicles. All landscaping shall be installed before utility release or final project inspection. No project shall be phased unless approval is granted by the Planning Commission. 6. Continuous concrete curbing shall be installed to separate parking areas from landscape areas. 7. Handicapped parking spaces and signage, in compliance with State requirements, shall be shown on building permit plans and installed before final inspection of the project. 8. The street address of the building shall be displayed in a location conspicuous from the public street. 9. The trash enclosure shall be made of a sturdy opaque masonry material, with trash receptacles screened from view and compatible with the color and materials of the project. 10. All trees required to remain on site, as indicated on the plans, shall be protected by fencing or other necessary measures shall be taken to prevent damage during ,'" construction activity. 11. No roof equipment shall be visible to the general public. 12. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. 13. Construction projects shall conform to the City's Noise ordinance. Construction during the dry season shall mitigate excess dust problems. . 14. 15. 16. 17. 18. 19. 20. 21. . . \ A sign permit shall be required for all project signs. Grading and drainage plan to be approved by City Engineer before building permits are issued. Sign package to be approved by the Heritage Preservation Commission, including directional signs. . , Exterior lighting plan to be reviewed and approved by the Heritage Preservation -_ Commission. -'- All security lights on building shall be downlit. A sign permit is required for signage. All exterior modifications to the approved plan are to be reviewed by Community Development Director. Park dedication shall be met as required by the Park Dedication Policy. Findings: Special Use Permit - The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance. Variance: 1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. 2. That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. Attachments: Application form, letter from applicant, site plan, building elevations, grading plan and landscape plan. HPC Action on 9/4/02: Conceptual Approval +5-0 CPC Action on 10/14/02: +7-1 approval ' ;-.'" "\..... . .. . l , I i , J. BUXELL MCHITEcnJII.E. lTI> 1uNOUHSECONDmEEr._,OS """"^"",,MINIGSOI'ASI4OI (fl~ 'AX(f1ab>>c040 ~ - ts !f 0tif'vater. / /C76e I H9.E8Y co.11fY ~T tHIS PLAN, IPEClflCAnON, 0,," IW'ClP..T WIttS fttDMEO IV ME 0"" UND!" MY Dll\.!CT SUPEJl,.VI5ION AND 1'H.\T I Ml ^ DULY klGr$TU.lC M.CHITlCT \ItrClP. nJE ~\\o"! OF THE $T^'n a MINNESOTA. ------=-. 501 NO,RTI;-l MAIN. STR.EEf SlILLWA-Jt,R, ,MINNESOTA ~._~ ~. ---- . ..---..------- . --.-.------- ---- -- - i ) ~' ~ ,~ -~ -r' ' ~ ~, ~,~ m g , ~ ..~ ' r:: en ~ -w V\ I). Z J Z Z ~ lot lot ccZ Zrl r-'$I~ ~ ~ a:cc , 0:= , . Z;.J .....1 ~ ~~ --. ; f5 WJ~ _Lu [[[JOJ I '. - ~~. Fff I . ~ _ _-' 1m If.j!l . ~e~' ~- ~ ~'. .~ ~ ~~~_~~~c.~-~ :=m , - ~ _'_-,~_,-~- ....' " ...".. ~ :-- - I .e:::::::::::::" ".., ',' ",,~_~'V'-, " -::...:.". -,..".-" ''":~,~'''"''.='''''''-'' , -- ._",.' -"'7 ,,: '-. ~. :i: .. . ..."......:-3-~ -'.. .~ ~...,,"_- ..... . JiiI. -:.- ... ~.-,........ --' . ... Sheetlndex . ~ - .........;.: ':":"-I'J.'~' ,.. "~:;,::",. - ,. ' ,,'. 'Title Sheet .~~................... AO.O r Survey......................... C1.0 - ~ , -" ....~. .,~ '...... Site Plan ......................... A1.0 Landscape Plan ............. A1.l 'Grading Plan ,........;....... A1.2 Parking Plan .................. A2.0 '""""",, ,-. .~ .i"...... .\. . OAT"- _ .: ..z001 'PlOJf,CI'tI.--- _ .1005.00 :llESICN,___oooo.oo .tlMWIl<_..,,,. ,0000.00 SHUT', [ ~().() . East Exterior Elevation . A3.0 West Exterior Elevation. A3.l South Exterior Elevatiol). A3.2 Building Section ............ A4.0 -- - . . ~ \ CITY PARKING ~' =~~~.....-- E=~-::~""'- ~ r=..-=... l =:~.~~.. I ~ ==a . NORTH MAIN Water ElevatIon 675.59/21/02 .......-"' PARKING lOT =~tNIC:~.... _.--:!"" .. 'I'M.. ... ::.~..:...~ ......~....... ..:..~..." .: ~ ==--=- Cl)'tMlUAIIlICaAM1LO' =.a:a /' n _~_l! 12 _~~l,~ l==.,. _II IZ'1ftD'lWf'~l -. .,. __'M." STREET NOTE:, FILLED WITH ALL PLANTING eEDS T~:;ED eARl< MULCH 1. 4-0F HARDWOOD &H _ Iii " J BUXELL MCH~~~R tB~1H MlHNISOto\J!l4OI ~'1tX"'11b3l<104O Ol'!N5I'ACE '^"""'^" CQ.TlFY ~r 1KS ~~nCIf(C~N.v ~ 1WQO.T WO~1l.. ~y DUlle1 Ok UN NoD~TIAM ~~ ~I~E~~ ~n.Of :..."'........_~\. ~c:~~~ ~=~~~. - ~ ~NORm ~ o 10 20 SCALE: 1".20' '- ~ ~ ~g c:m ~ Iii z ~' z!i ~~2: $(i~ ~~ ..J ~ s~ t~ ;-...'" ",,",--; ,"'^"""" LANDSCAPING PLAN 9.27.2002 . DATE:. . 1005.00 ..~I.:.i' . ~ , i . . . - , - " , ~ , : '. .~ .. ~\ ~ '. ."" ,~,/ '~.' "--..... 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MY DIa.ICT 5Ul'EkVlSlON AND 1H<\T II\M ^ OUL YIl.!CISTU.lD MCHmCT UNIXIl. 1HE LAWS -OF THE $fAn OF MINNESOTA. kEC.NC'l _.CCI"riIraII''''~PD ~~~~.~ ..-.w _ --.....-.a-. ~.~ .~ NORTH ' \- ~ ~ tii! *=S III 0 ',..~ Ill:: en ~ liilll V\Z J Z Z ~=2!E . ~ig ~~~ ",,-' '6 :&5 ,.' ,,>iF, """""" .--- -- EAST ELEvAnON iDA1I:__..__., ...2001 ' ftl.OJ!CI'.I..--.-...... 200S.oo ~~=-=:.gggg~ ~ .:J"E'"" 1 A3.~ j . " ~~/ . ,~ - - .... .~~ (ell ,I .~J _" ". ----- ,. I . , "I. ~. ._.'~~~'_~~__~~~._::':~~_...~]~~~~--'---~.~~~~'~'-..~}~~~o.~~-I.-~;~~~....~:~=~--.-.---~ __.". __....___. m______m .. ..__...__..m__....._____....__ ---Ou-- '__m_.__....__.______ .. ,........... ... u__..._.__ .... __.___ .m, _...... _... __..~___ ....m____ --.. .__m .d., --..". --o. .." u_____, ..-- --, ' I '--~i.ETALY.HXiW'1 ,...Q--. ..m.._.__...__,.....__..___..' , .. ------------ __.m"', u .____mmm......_SZ ~J~ ~jFflQO.~~DH:~~--~~:i~i~1~- .:~, c ~PJ m=~Ji. - tilJ-'.~~~~-...~-.. -!3~t~-~ ------~~ . t ~r li j _ . i-------m..m----m--m-- ~ d::l: ~ ....m--m--m-m..- .-- ,. .1 / ..' -..-,.--.--.-...~ L___._______li..__________j .- Q) WEST ELEVATION. SCALE 3/32" = 1 '-0" . , I .l J.BUXELL ^II.CHlTEcnJII.E. LTD l.19M01.tKSEC\')Nt)SIUU..t01 """""""''"''''''''''^...... i6Ul>>e-3173 'AX(6U'D3t-ooW I HEUBY .(D.TIFY ~T THIS f'lAN. SfECIACATION. OJ. IWOR.T WAS rtW'^'-ED BY ME Ofl UNOU. MY DIJlECl SUI'EIl.VISION" ~ lHAT I 11M .... DULY l.EGI5Ttll!C MCHITECT lJN[lfJl. 1HE LAWS OfTHEST^n:cr"'~^. "~- :ft-.:aCl' PlDIlI. . =-:r~,::: ,.,~). ~NORTH \- ~ ~ ~ Eg- ... D::' en ,~,ti w Vjz i ~........ $I~J ! ~ ~~ o~ z... ~ ~5 ". "~ 'OATL...____u...___. . .1001 : rkOfEO ,:___ lOOS.oo , 0fSICN;. ____." 0000.00 _DMWN:__..__....".._OOOO.OO . - ..' I ' ' . . '\ .J.'-'. ;\ ,r:.._ ~ ~ .' , rffr: n.-!.iT':EIl [iu"" 1 /-__1Ifl111~;~lIn~' ___m...__'m..____ Udd ){_mm__,;;;_____.__: _m__ u mm' u OJ J _______: .____. :" __..........m........;;.;;.m__' ~LJ...IJ. ::: ~ . L . 'P I1l 0 ~I mm.___........m.....;}.... . WJj /0 : J]]] ]I ] ,,r Jl 1111]] ml][]]]] IIII '~ " --~........-....._,--.---..._-.... .. ___m..___.mmm..1 . --..-- u _______.. ..m. -- ....... .. ..... .. ., ~'NEi;':w;.oowii.;;..mm-- ... .__ow.......__. __. ,____. .__., .__...__", m.', .... ..,___.~.,.........__;m.m.:'!& U IIj 0 W [ ]~ ~rn ] [I I III ]]]] [I] l] [1]]] [I] ,~. -.-.."..[ L'~lJ I ruT ill' jT[c, i r'.l-:;;~~:' o,..i.;,...j]rnurnurn............" -........ =. ,....--..---.--.-.-..--...................-..... i. ". -- . . .W-j...........-.-.......--.. .-.." r..........N..llllClI' _____ ~._,-~,.,.. .-- .---- _,I ,r- 'G)SOUTH ELEVATION ..-. SCALE 3/32" = "-0" ~_..-.L,. J.BUXELL MCHmClUR.E. LTD l1fNOl.lHlECONDmm. ~01 MJNNINOUS. WZNNISOI:AJ.MC1. (612lJ3H1n 'AX16tm.oo.o I H!Jl.UY CD.TFY THAT 1KS I'LAN, snCl1:CATION, Oil. M'CaT WAS PUJ'J\JUO BY. ME 01. UNDEk MY, DIIlIe1 5UJ'Elt.V1SION NoD 1HA.T I AM ^ DULY a.1CI5TUUO MCHITECT 1..JM:O. tHE lAW! Of 1HE. $fAT! C# MlNNESOt'A. l<EC. ..., =.1.!c~~',~-= 'r~~_'-., ~. . ,~ ~ NORTH \- ~ . ~ ~ mg ~~ i: en ~ - w ~ :i ~~z $I~ 15 ~!;;: 0;; z~ ...... -e .5: ~ ;'~-. ~~-; '......... . -. -- - -- ,- ; SOUTH ; ~ ELEVATION ; .DAm. ~ . .2002 ; .n.ona.l___ 200$.00 . "1lESICN' _ 0000.00 . 'DMWN:._OOOO.oo . '5HIlTIh I A3.2' . . TOP OF FlOOD WALL. 93.5-m'--J EXIST. GRADE IN R.R. . 85,5 _n._. . . , Q;) ~ GARAGE ELf. . 82,5 _m---L.:I' _,. , ' " n~' . j TYPICAL SECTION COMMUNrIY ROOM STAIRWELL ACaSS /W~ -.....~, ,,',', "L" ----- "' .:::: '" ---=-::-""---==---. ; ~ -. :+: :::: ~:nm__: ___. . ~~ : en nrnl rm~ O]O[IJdLW~'CJLLJ D~[] ern JW []JOlJJ [[) ]uJ :" 'P J1IL~I' ~r"'lf] ~ - ~~--_.~.. "'::: P~NG ~G~." ,_'_ .':!i ~ '''''''''--''','''''""""",,, ",., "'...:I I ~ ~ UNIT5 UNITS UNITS LOUNGE PARKING GARAGE LOWEST GARAGE ELf. . 82.5 ~~ ATRIUM SPACE UNITS . .. . '. ~,...~ ..u~___ _._ "l;~"'~f" ..~ -...-------------------------.---.-....................---..--------- . ..............- . . i v . ~ " SCALE 3/32" = 1 '-0" ~ ~ -L- ! ~ j~I~~ i i1: II mill en J. BUXELL MCHITEcnJlI.E, LTC 11,NOJ,'lHSECONDSrJ.m'.'IOl MIHNINClUS. MlNNBC7l'A SS40t (61....."'. "~h 'AXC61~ V('1-, ,. ~ ~~ (!) f!) </ f) UP.MN rtANNINC Ol!N5I'ACl~ LAND5CAPlM-..._._nl CIWHIC3 I HO.EBY CEl\.TIfY TH.\.T na! PLAN, SPEClnCATION, 0Jl, UPClIt.T WAS fIlDMED BY Ml 0" UNDU. MY OflUCl SUJU.VISION AND THAT I AN, ^ DULY !l.ICISTU"lt MOUt[CT lJN[,IQ, 1HE "~ a THl STA11 Of MINNESOTA. ~:-~ ~~~'.a.~ ~~ * NORm ('r- (Y' '- ~ ~ tu~ J:S: Wo ~ ~(I) ....~ - w ,-,-& J) Z VJ' Z,Z ...... ~CCJ: $(~) ~ffi ~~ o~ Z..I '1"1":1 ~ :i:. " -~.. BUILDING SEcrION DATE; . . ..9.17.1002 =?:~.~:::~~5~ : I A4.0, . . CITY PARKING .. Water Elevation 675.59/21/02 . ~- /- - - --- --- -- -;-... , I~ " J J ....- /' /' ./ / ,/ 1./,/ I I I \ \ \ \ B~ '\' i"', '~, N \~,J" ~tf.W W \ ' '" '\ , i' ~ . " .(? \ . /". .... . ,~ . ~ I o.l. ~ ,/, ".. ~ ,... Qot ..<J~ <4 ~la: <J 0 <1 <1 V '- ,v, <1<::J <1 v <::Jh v ~~1~ '" '\ ~ 'ij'''' \ '4] ~\;~~ <1' ' ,v " <1, V ' <::Jv <1 '<::J u r~ M ~I . f / . I l~ A=':( ...1 ~~ ..~ ~, 2123.0&' t ?" ,'" Mti J r~4 ... , ~I ' 4 ~', CancmI a.t> II' o g g NORTH MAIN STREET Ii ':(: M - a.t> ~~; III " .'-'..1...._ \ \ \ I " \ \J' I I : B I I I I I II, .<e:J"ca , .. \ I I J I I I I I I 'l~V ~ ~d !d i ! z . z .--- """"" 1 I I I I I PARKING LOT I ~, ~. ,I /' is o NOTE: PRELIMINARY SURVEY DATA PROVIDED BY FOLZ,FREEMAN, DUPA Y &ASSOCIATE5, INC. LAND SURVEYING eLAND PLANNING OF STILLWATER, MINNESOTA / J.BUXEll MCHITEC'\URE, LTC l1f NOf.1H srcoNDlIUII'. .'01 MINNIAICiUS. NINNlSOI'A JU01 ('1UDH77J 'AX(el.2l:J31oOOtO I HEJl.EBY co.T1fY THAT nus 'lAN, snCIFlCAnON. 0'" UfQ\T WAS PUPAkED BY ME Oil UNDlk MY DllleT sutU.VI5ION AND 1'tiAT I AM ^ DULY Jl.ECISTUl.IC MCHmCT UN:lE& niE lAW! OF 1HE ST^TE Of MINN!SOTA. lfC.NO.. _.CI:InUCMI'.....--.l.1V ~~~,.ZJ ,~- , ,~ ~ NORTH ~ o 10 20 6CALE: 1',,20' \... ~ ~ ' ~ tu~ ..~ ~ ~ ~ t-W V\,CI)Z J Z Z '-S; ... ... ccZ ~~ Ii , ~,~ ~~ .-1-' ~ ~E ." ;,~.... .......... PREUMI.NARY SURVEY PLAN DAn: . _ ..._9.27.2002 ' ,I'J'IECU,___ 2005.00 '~w':;,-~=-I.H.8..tJl' 'llUf1, I Cl..O: .rj.ri#J ~ ' . , fLOOOsrORM_ _GCAl'AClN TOfAL25.213cuf'l+l- I1'I'IJTl.fo . Water Elevation 675.59/21/02 --- ,,/"" . .s 1lllIUJINO-(I'II'J 81!1!AIOQGI'ECRlIW.~ ~ -~-' ~ '\ ~, \ Ii- \i J' I il' ~._--tl ~ =.0(1'11'.) \ CI1Y PARKING r1Wl'EItlYUNE ~I \ ~ I /-/ \ 11 1\ ZJ1-"l1Ir _ H.H cug arrWlTH NEWCONC.APItON WEEr _....TalElCI511NGcug(l'll'.) ........,.J-...,;... ,.NtAU.ELPARKING- '~ / NEW ...~.~_AU< Ughl~::~~ rouowarvPlANuoa....... ~ \TOPOfWAWll"!!:1.. I I II ....._ CONCRE1I! CURll arr -INF1UWlTHarvsr__ II612cug OETNL (1'11',) II _CCllICRETEcugarr _lNFILwmf01YSTAHDARD 8612CURll_AlI.(I'II'.) I ! I ! 12 L ElOSfIIIGI'ARAIJ,EL PARKING......'.... ..... ~ PRDPOSEDRETAlNlHGWALL& SEE GRADING f'LAH FOR. TOPOfWAU6(1'11'.) EXIS1lIlG arv - UGKrf1XllJRE~ '. NORTH MAIN STREET TI 11 U III " " u..._.. JJNI! ,ell1lllING 0\1!I0lANG (1'11'.; EDGEOf_11ONWAU. / -- rDUltI!J).........",.........FI.OOO &I'ONOWALLS. CONSULT ARQUIECTFOI<FlNl9Hln\S. PARKING LOT R.OOO WAlL WIIH RAlLlNGONfOP r l~llO) 11' ~el ,1m AREA5llMMAR't(' ~DEsCRF.fION ' LOfS2E; BUJJlING: ., 6O.F.l', ACRES. "lL J .67;256 tilt -100 ~tii9ii' ,:116' ~ , "11;SEl4 ;;rr; 'lb.TO ~6 "os. aD .14-;110 ..ll4~ 25.70 'ERYIOIlSAREA iNiPWisiIG; INll>flCN'EI) COlllm'NW IillOVE I'MJ(IilG' " " TOT^L IdPE~U6ARFA 61PEWNXS fPRM:~ 'fO,T.Al' , Zl.291 ,10l'1 -1l;ll96 D1 6.1 ilIOz ~ ,.0., '!j,93: ~, ~~rA =: ,L, 6lDEWIUS&DRlYEN:(;ESE' .'61. ..21). .,100 ;n Eia2Z ,09; .MJ!lB IRAISEI)'''J'''-'''*.'''' _AU<EDGE _GlP_1'Wl _I\RQ\III!C1URALORAWINGII FOI<sr_....._Nf:JDEfAll.5 etJIlDIIlG OVERJW/G (1'11'.) J. BUXELL MCHmClUJ\.E. LTD 12f NO",THSECONDm.m, ItOl MINNiN'OlJS. MINNtSC:7rA 5S401 (6t~7J,FAXfll.:""....,_.._... 1 I H!MJY CERT1fY ~T TH15 PLAN. SfECIFJC^TION, 0& kD'OII.T W.M PkD'AJl.ED BY toJIE OJ.. UNDU, MY DIlle, SUrE1W1510N AND THAT I ~ A DULY IUCISTU.tC MODTtCT UNDER. tHE LAWS Of THE. STAlE OF Mb'IINrSOT A. ~~..-::E ~ ~NOmH ~ o 10 20 SCALE: 1".20' '- ~ 1 ~Iu ~ ~ wO ..~ ~ U) ~ Iii~ VJ Z Z ~ ... ... ~JCCZ $I ~ ffi Ii!( , 0 ~ Z;.J 'r'I.... ~ 5:.~ .' ,>t-- ,- SITE PLAN , , CAlL...._.__._'.21.2002 . PWJECT~..._-_. .2005.00 CfSICN.__J.H.... P..J.5- llI.'oWH<- P..J.5-. - . Water Elevation 675.5 9/21/02 ~ "-- t2"ldZ"c:ATCIl~1IOIl_ COHHECm)TO DRAlHt1LI!(n'P.) . ~, CITY PARKING J / ~ 1 J . ~,~ ' , , ) IJlll!!!- ~ fThI_ -, D 1 i .' 'u IQ .l ,=:' rAtIO ~r lM'~: '\ II ~\~~- --J . 11"11 Ull~ ~I " ~ - 11. i- 1.., l'. "".:) I, .~~~ ~ - r -A-':t: I '~! I.e, <_I '", ~-... tm. , ;i~t -~~ *~~ ...j 't;;~:: --, , c. "'-.. 1'1 I~' .J~I '-PI/ : J~,.f ~ ~l light I (~ ,- 1_ I - ~ I I ~..~ I '-, -... P'" -~ ---.J:ft:.""" 'lH"-"'" .' MAIN STREET NORTH 'C ~ u. Iii " .-..~-_. .J 12 I ...../ I ~ BUXELL J CHITIClURE, L~ ~()ll.mac:="UOl ='^,,(ll~ UJ.IlN4 ftAN~ OPENSPAC!== lAN09CNIA&OUrECMrKICS TIFY THAT ~ I ~ sncg.f1C:.;. ~ ~T WI\S ~y Ol'-ECT Oil UNOU,~ 1W/I.T I AM ~~ ~Ii.it~~ ~n.Of._,......_.A. ac..~~~ -. F=:!Fr~." _-,-. '_ ,~ ~~ - - o 10 20 SCALE: 1".20' PARKING LOT 1 ~ ~ tit! ~ ~~ ~ ~w ,~ U) Z V\ z J Z IooC ~:2:E ~i~ ~~ ...... ~ ~~ e " .1' ;~ ~,iC'.~. ......... GRAQING PLAN , _ 9.27.2002 'DA1El.._._~__,,_.. ;wo,.oo =~', _.-J..u..t11~ 'OJRN>'. I AJ.~ . . . CITY PARKING . ~i J' ~ ) J .; '1 .. r ~ """'l...-.f ~- - NORTH MAIN STREET ,II Water Elevation 675,59/21/02 .. .. ", . .. u, II II - 17 _ - -- - -- ----~-. 17 II liT .n UT liT UT JIT II 10 .. ! ..' ~ l.......J f ~ .. II " II U U II .. .. .l:..-.......JI ' '-- 1123.DlY '" j ~ ~. r PARKING LOT ~, 1M@'iiE~l rAIOONGSUM~ I:fSIDENTW.SPACE REaUI~NfOFI.5SrAllSPEIt IrOfAll:fSlllEN1W.SI'ACES . I ALPNOONGREQUIRED ,to'l: AAKlNG mYlDEJ) l"OfAl~P Il9 89 1112 'J~~~~ 11' NOt.1H JMO. =~'(.I~ 1 ! CD.TIFY ~T tHIS ~~PEClfIC~NsY ~ IW'CIlT ~~"':v Dlll.lCl Otl. UN AND lHAT I ^""" ~~ ~I~l~~ ~TEOF M1NNESOTA. ~ ~NOR1H ~ o 10 20 SCALE: '".20' 1 ~ ::.i. tu~ J~ w 0 ~lI!:U) ~, - au V) :! ~ ~% ~J%rl ~' ~~ 0:;: 2:1 ........ ~ ~In E '.,.;'..... ...-.. PARKING PLAN ,.V' .2002 ,,,",TO.. 100$.00 =~~--=)Ji.J.':Ji: DMWN..__ II . .. . . . .. Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director }'L/ November 5, 2004 Special Use Permit and Variance for Reconfiguration and Expansion of Marina. Case No. Vj04-17 and SUPj04-18. Background. This application was heard by the Planning Commission at their meeting of October 11, 2004. The site is located in the BlufflandjShoreland District (DNR) and the Flood Plain District to 693 elevation. Urban utilities were recently extended to the site and the road in front of the project improved. A new owner is purchasing the property and is proposing to upgrade the marina and residence. The existing marina service garage (not located on marina property) will be demolished and a new service building constructed attached to the expanded residence. , A separate residence will be removed from the site. At the October 11, 2004 commission meeting, neighbors expressed concern for traffic, light, noise and height of the expanded residence. A condition of approval was added limiting the height of the remodeled residence to 24 feet or elevation 731(Condition No. 13). (epC minutes attached.) The action before the City Council is decision on the variance and special use permit request. The Planning Commission action was 5-1 approval with the additional condition of approval. Recommendation: Decision on special use permit and variance application (if' approved, resolution). Note: If a decision is not made at this meeting, a 60 day extension for review wit! hav~ to be established (application filed 9-23-04). " ,'> Attachments: Application, CPC staff report and minutes . .,. City of Stillwater Planning Commission October 11, 2004 . Mr. Peroceschi noted noise wouldn't be a problem and suggested that a 2xl' sign isn't very big. While agreeing not .to require modifying the existing accessory space, Mr. Teske expressed a' concern about the requested sign variance due to the location in a residential area. Mr. Middleton. agreed that the Commission has been tough on signage variances in the past. Mr. Teske moved to approve the Special Use Permit for the Type III home occupation permit. Mr. Dahlquist seconded the motion; motion passed unanimously. Mr. Teske moved to approve the variance for the square footage of the accessory unit. Mr. Middleton seconded the motion; motion passed unanimously. Mr. Teske moved to deny the sign variance. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No. SV/04-85 A street vacation request for a portion of North First (from the south edge of Willow Street to a point 150 feet south) near 301 E. Willow St. in the RA, Single Family Residential District. John and Katherine Schoenecker, applicants. The Schoeneckers were present. Mr. Schoenecker explained the request is to enable them to construct a garage. The Schoeneckers proposed that if the vacation is approved, the west 30 feet of the street be retained for access to the ravine, and they be given the east 30 feet, which will enable them to build the garage. . Virgil Plattner, 1813 N. Second St., said the proposed street vacation would cut off access to his property. Also expressing concern about access was the owner oflot 1801 as shown on the plat map in the agenda packet. Expressing support for the request was Debby Johnson, owner of lot 1824, who stated the Schoeneckers' and herself would be more than willing to accommodate access. Mr. Dahlquist said in addition .10 access issues, he would be reluctant to give up city right-of- way. Mr. Ranum said he would be reluctant to grant the request without access issues being resolved. Mr. Dahlquist moved to recommend denial of the street vacation. Mr. Ranum seconded the motion; motion passed 3-2, with Mr. Gag and Mr. Peroceschi voting against denial and Mr. Teske abstaining. The request goes to the City Council. Case No. V/04-86 A. variance to the street side and front yard setbacks (30 feetrequiied, 22 feet. (side) and 24 feet (front) requested for construction of a second floor and new roof at 1345 Third St. S. in the RB, Two Family Residential District. Don Berry, applicant. , :; Mr. Berry was present. He explained the plan is to construct a second floor over the ~rinre' structure; currently there is a second floor over a portion of the house. Mr. Peroceschi moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No V/04-17 A variance to the Bluffland/Shoreland setback regulations (40 feet required, 0 feet requested) for construction of an addition to an existing residence at 2000 Lake St. in the . 2 ,~ ' . . . City of Stillwater Planning Commission October 11, 2004 RB, Two Family Residential District, Bluffland/Shoreland District and Flood Plain District. David Evans III, applicant. (DNR review reqUired.) , , ' , , Case No. SUP/04-18 A special use permit to redevelop and reconfigure an existing marina at 2009 Lake St. in the RB, Two Family Residential District, Bluffland/Shoreland District and Flood Plain District. David Evans III, applicant. (DNR review required.) Mr. Evans was present. He explained that he is purchasing the marina and two homes on the property. One of the homes will be tom down, Plans for the addition and reconfigured marina were included in the agenda packet. Tony Kerschbaum, a neighbor above the marina, said he was generally in support of Mr. Evans' proposal. He did express a concern that the addition may block his river view. Mr. Russell said he had received a call from the owner of 2007 Schulenberg Alley expressing concerns about noise, traffic and lights, Patrick Needham, 124 Lakeside Dr., pointed out that owner is an absentee owner, who rents her property. Rick Swanson, 101 Lakeside Dr., stated there is another construction project in the. area, which exceeds allowable height and is blocking his river view. He saidhewould hate to see a similar situation occur with this request. ' Dan Challeen, 2103 Schulenberg Alley, spoke in support of the proposal and also relayed concerns about traffic from one of his neighbors, Hazel Winterlin; Ms. Winterlin also expressed those concerns in a letter, which was distributed to members. Missy Swanson, 101 Lakeside :pr., also spoke of the other construction project in the area which is taller than the property owner said it would be. She asked what recourse neighbors have in such instances. Mr. Russell pointed out that the other project does not relate to this case, and this proposal does meet the 35 feet height requirements. There was a discussion about the height of the proposed structure and at what grady the height is determined; Mr. Russell said the proposed addition would be 24' to the top .of the roof as measured from the Lake Street elevation. Mr. Teske pointed out that if the proposal is within the allowable height parameters, }he Commission shouldn't consider how it affects neighbors. Mr. Dahlquist said the issue here might, be the mass of the proposed structure. Mr. Teske agreed the mass is greater, but the applicant is combining two existing structures into one. Overall, Mr. Teske suggested the proposal isn't a huge change from the existing conditions. 3 -. ..........-- '.~"'" ~ City of Stillwater Planning Commission October 11, 2004 . ,Mr. Ranun called the height issue "a moving target" and suggested perhaps tabling the request until buill;ling cross-sections are provided. Mr. Dahlquist said he would like to see additional information about parking 'and stomi water drainage. ' . ' Mr. Teske moved approval as conditioned, with the additional condition that the structure not exceed 731 feet as measured from the Lake Street elevation. Mr. Middleton seconded the motion. There was a question as to the base height. 706' feet is the base. Mr. Teske asked to amend his motion to reflect that 731' is the height to the peak of the structure. Mr. Middleton agreed to that amendment. Amended motion passed 5-1, with Mr. Dahlquist voting no. Regarding the marina approval, it was noted that all existing docks would be removed and replaced by one new dock. Mr. Russell noted the applicant is getting approval of a master plan, which the marina never had before. Mr. Middleton noted the proposal cleans up the area and moved approval as conditioned. Mr. Teske seconded the motion; motion passed unanimously. Case No. ZAMl04-03 A Zoning Map Amendment changing the zoning of Lots 1-7, Block 1 Matt Hooley Addition (2001 Washington Ave.) from BP-I, Business Park Industrial, to BP-C, Business Park Commercial. James H. Gilbert, representing Mikden of Stillwater, applicant. Mr. Gilbert, general.counsel for Mikden, noted the parcel in question was originally zoned BP-C . but was changed to BP-I to accommodate use of the building, the one~time Cub Foods Store at . 2001' Washington Avenue, for use by the Andersen Corp. Andersen's lease is expiring, he said, and the company will be vacating the building. Mr. Gilbert said Mikden has a potential' agreement with Herberger's to occupy the building and is requesting the zoning be changed back to BP-C. Mr. Middleton moved to recommend the zoning change. Mr. Teske seconded the motion; motion passed unanimously. Case No. V/04-88 A modification to a variance request to the height regulations (50' allowed, 60' 8" requested, 4 stories allowed, 5 stories requested) for construction of a 68-unit condominium with underground parking garage at 501 N. Main St., The Lofts of Stillwater, in the CBD, Central Business District. Jack Buxell, applicant. Mr. Buxell was present. Also present for this discussion was Howard Lieberman, chair of the city's Heritage Preservation Commission. ~- Mr. Buxell discussed design revisions that were made following concerns expressed at the September Planning Commission meeting. The comers of the building have been opened up, as shown in the original designs, and the proposed colors are more like those in the original design sketches. He provided color samples. . 4 . . . ... r .. PLANNING APPLICATION REVIEW FORM CASE NOS. V/04-17 and SUP/04-18 Planning Commission Date: October 11, 2004 Project Location: 2009 Lake Street Comprehensive Plan District: Two Family Residential, BlufflandjShoreland and Flood Plain Zoning District: RB, BS & FP Applicants Name: David Evans III Type of Application: Conditional Use Permit and Variance Project Description: The request is for a conditional use permit and variance for an exiting reconfigured and expanded (not slips) marina. The proposal is for a 39 slip marina, 25 space parking lot, launch ramp, single family residence with attached service garage, restrooms and community room for slip renters. The southern portion of the existing marina is not owned by the applicant and not a part of this request. The revised marina appears to have fewer slips than the preexisting marina due to smaller marina site. The site is in the BlufflandjShoreland District and Flood Plain District up to elevation 693. Because of the BS designation, a special use permit and a public hearing is required with final decision by the City Council. The decision of the City Council is referred to Minnesota Department of Natural Resources for review and certification before final project approval. The Bluffland/Shoreland regulations require a conditional use permit for marinas. No previous conditional use permit was approved for the existing marina. The new owner plans to make changes to the marina requiring the planning review. Proposed changes include new docks and 39 slips of various sizes as shown on the site plan. An existing launch ramp is maintained in the plans. River bank stabilization is proposed with fill, recontour and a paved parking lot. The existing residence is enlarged and a new marina service building constructed attached to the existing residence. The existing residence meets the river setback requirement of at least 100 feet but does not meet the 40 foot slope setback. The main residence will be enlarged and increased in height. From the front-street side of the structure the height of structure, ground to ridge line, is 24 feet. The walkout basement/garage level is considered a basement. A second residence is located in the northwest corner of the site. The second residence will be removed and the existing residence extended over that area. That extension will also project toward the river and provide a service garage for the marina business. The extension portion is shown as two levels. Neither of the existing residences meet the 40 foot slope . 'l ... setback requirement from the bluffline (the existing structure does not meet the setbacks or the street setback) requiring the variance. . In order to approve the project, the attached finding for a conditional use permit must be met. The existing marina" conditions of approval, and variance request effect the findings for approval. Recommendation: Approval Conditions of Approval l. 2. The remodeled residential service structure shall be earth tone in color. A lighting plan shall be submitted for any lighting of the site (light sources shall not been seen from the river). A landscape plan shall be submitted that provides landscaping (3 - 21/2 inch trees) along the river edge as approved by the city planner. No dry boat storage shall be permitted. The parking area shall be limited to 25 parking spaces as shown on site plan. Docks and slip shall be limited to 39 as shown on site plan. A drainage plan including ponding shall be provided and approved by the City Engineer. Any filling or rip rapping of the rivers edge shall be reviewed and approved by DNR and the City Engineer. . The existing service garage and docks located on the adjacent lot to the south shall be , removed by January 2006. A pump out shall be provided for slip users. No covered canopies shall be installed over the slips. All structures shall be elevated above 694 elevation. Roof peak not to exceed 731 elevation. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. Findings: The marina use is consistent with the City Comprehensive Plan/Zoning and public interest and consisted with the resources of the site. CPC Action on 10/11/04: +5-0 approval. '" . . ...' 411 .\ PI~ANNING ADMINI~. AATION APPLICATION FORl\. Case No: VI qq- Date Filed: ~ol$~ Fee Paid: ~ loa Receipt No.: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED . SpeciaJ/ConditionalUse ,Parmi. ^- Varianc.6' " "," (" , , Resubdivision ' .;Subdivision* Comprehensive Plan Amendmf , Zoning Amendment* _Planning Unit Development * Certificate of Compli~nce The fees for requested action are attached to this application. *An escrow fee is also required to offsetthe costs of attorney and engineering fees. ", " ", The applicant is responsible for the, completeness and accuracy o(all forms and supporting material submitted in connection with any application. AI/supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete applicatior. supporting material will delay the application process. PROPERTY IDENTIFICATION . Address of Project 7_06~, Irnkp. ~kJe;.{-c ',Assessor's Parcel No. 2 (03DZDIi/Oo/CJ . ',1 (GEO Code) Zoning District ,Description of Project--t:fQ/lh4>. -re.tn.Mp ( (,,;+\. ih (il~';~h4- Fou~Jl.l'h()h h-pt f'rl ^ +. AJJi~I'1'!'. ~ hnlth Sld~_ . "I hereby state the foregoing statements and all data, information and evidence submitted herewith in respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply' the permit if it is granted and used. " , P~dlVl-Cf ~\IJ - 7r Property Owner \_ '{A.IJl (,\ " e \lC\ ~~..ll- Mailing Address-LR lB 1(l&f11 L #"\, . .' . 'f ... .. ,.. City - State -Zip ( ;Hl-e ~ha.,Jc; '.1111#-\ ~Slrr . City - State -Zip Telephone No.-&.s j- 2 7>1- Z 02- cs;- ~) , Signature / ~~.L'" e ....- (Signature Is required) , Representative Mailing Address Telephone No. ,. C/. Signature (Signature Is required) . Lot Size (dimensions)l<.f{' x 1;:0 Land Area L.t7f.,o<:Y.:J Height of Buildings: Stories Principal 7. Accessory - SITE AND PROJECT DESCRIPTION Total Building floor area IR7 S- square feet Existing /R7 ~ square feet Feet . Proposed fAOO square feet Z~ Paved Impervious Area IlpJJ square feet No. 'of off-street parking spaces Z c;;- H;\mOlamara\shella\PlANAPP.FRM May 1, 2003 . R2tW R20W RJ9W T31N T3IN R21W R.1tW Il.2'OW Vicinity Map . o 72 Scale in Feet .. . A~'" " /;~l~,~~~ '''' , /;{& " >>:~....,:, . .,i;;r.! I i ''-;:''''-'' ' .' ,,":'~--=';,-~!'f.+'!":l' < If.l.~';'~:;, ' ~,., , " ,,"" i ~...;.,~.~i:.-:;i;:;::,',,;,I'-"'r~F":."--f.,:,~~;:.::::.;;.,.;J:. -'f"~-i-'" .".' Fll.... ' ,l:re. L'~' , , ,~ I r: "', ,: I:,. 'n..: I .'::.:::n ; ...... ;"""'" -,11-.- " " "", I I,,, I' . n., ,,-..... <P ,,".~' , ;'J[J=-lJ'. Or-- [J' '", ,~l...~-/.-;- ' 16,,-,= I'.'.':::' ~. -.---. :':::,:':;:. . D/E=o-r"" , ii' '~ ~Jl" - ~'l~ ',?f. ,. 4":.:.tJ - . ... m. 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'IlSdS..L "", .J f"""':J, '''':." f-' " , _..:~'.:~:I , " -. , --- ". :.l' ~ . . ,,,--(-- ~ : ~l rvi.'~-;~"t> iJ (/IV ~ I t/-1r1J ~ .. .(ffla; ./ L - oS ,--- . . . . -.' . -' ~=Jll~jj/~~~=~.~~....... .,......~d~1/o...~:-'QtL -:,j'L,.. .. . .':)!)~ct~jL.'11~ ,.'. ,~_ ,d()Qd9'-.Q)~__~-~.u7-4e.- ,--.- -I? 1_-f3--~--~~-----~/UMA~~ . ,. .... .... ..... D,N.if~~,=-=-.-=.=~,~~=_.=... un C(j.AA.,Nj).S.l1f?/.fJ,!/.:::LffL,~ ~_~ ouJ-" _._ ___ I., , ~.'. .. u.~.7J1~~. 'tl. ~. ._.Mmx1L_Tt~-fd~~~.L11. .m.; '-_... ~~ _// /" . ~ ~/I . . .u. ._-, ~ It ~~1f-e:; ........ ........ crtit~Cf/. ! I \ " ... / / -- . ,e CERTIFICATE OF SURVEY . Plan Prepared For: David K. Evans 182 Unit B Ryan Lane Little Canada, MN 55117 Plan Prepared By: Stack Land Surveying 9090 North Fairy Falls Stillwater, MN 55082 tel: (651) 439-5630 Road Existing Overall Parcel Description: Lot 3 and the South 44 2/3 feet of Lot 2, Block 52 of CARLI AND SCHULENBURG'S ADDITION to Stillwater, according to the Perfected Plat of Carli and Schulenburg's Addition to S till wa t e r , recorded a s Document No. 4 1 6049 i n the 0 f f ice of County Recorder, Washington County, Minnesota. the PROPOSED STRUCTURE LOCATION AND ELEVATION PLAN: "P.E." Indicates proposed roof peak elevation. "LE." Indicates proposed eave elevation. "V" Indicates roof valley location. "M.R.E." Indicates mean roof elevation. (avg. of peak and eave elevations) Proposed and Existing floor elevations, r06f'elevation~ ahdr~~dom s~ot e~evations as shown hereon, are based on National Geodetic Vertical Datum (NGVD), 1929 Adjustment. Elev. 674.5, NGVD 1929 Adj., = Elev. 675.0, NGVD 1912 Adj. (Ord. Pool Elev. for St. Croix River) 100 year flood elevation per City of Stillwater = Elev. 693.0 NGVD 1929 Adjustment. Minimum Floor Elevation per City of Stil1w~ter = Elev. 694.0 NGVD 1929 Adjustment. See Certificate of Survey prepared for Ruby E. Rumpf and also for David K. Evans, dated January 29, 2004, for additional topographic and parcel boundary data. Proposed Building Addition location and grades are per data shown concept plans prepared by Carlson Achitectural Design for Evans Enterprises, Inc., and revised as directed by Mr. David K. Evans. This proposed structure location and grades for same, are subject to the review and approval of the City of Stillwater and other concerned regulatory bodies. Orientation of the ,bearing system is an assumed datum. Offsets shown to existing or proposed structures are measured to the outside building wall line, unless shown or noted otherwise hereon. 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'. .... _ I r, I .- r" /.:::- {-ARi./'':' -, r- ,/,//' 1'!../1.,1~I..I/l_~ -/ __ __ / L-'':'" ,'7':::":"':---=--. _ "_ ___ '" /-1,':;:;1/ ;F,',-"),.'/ 7tJ' x~" L()T .3 - ~ ~ ~ ..... ~ ~ .~ ~~ \ /. 5W c,,e, ~~ r .1 tV 8pl? 2'1'/ 7''C -" . . - SO. ~I ""IS LI? r 3 f .~ N#.eTN /~'::: Zd' I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of :~.~.J#"~........... Date.....1.1.-:.a 5.:-.0.4...,.. ...., .....Reg.No." ..1.3. 7.,],4. ,..., ......, ~!", 717S 7~J x i1 III ,t.~ " iii ~ \J N ~ .. RE5ERVE Lt:J/ .f , . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director 1/ November 3, 2004 Request to vacate North 3rd Street from Willow right of way on the north for 180 feet. Case No. SV/04-85. Background. This street vacation request was considered by the Planning Commission on October 11, 2004 (see staff report and minutes attached). The vacation would eliminate access to vacant lots to the south of the vacation. A vacation of part of the street (east) could be considered based on the split level access site conditions. . Recommendation: Decision on request. Attachments: Application, staff report and minutes CPC 10-11-04. ,'<' . · 6\1 DI-'-1'5. October 19, 2004 . Community Development Director 216 N. 4th Street Stillwater, MN 55082 Dear Community Development Director, My wife Katie and I Oohn), would like to appeal the decision by the Planning Commission on the vacation of North 1st. Street. We have worked with all parties involved in this matter and feel a resolution that can satisfy everyone is workable. We have a unique situation with the terrain and elevation change in this area. For those who have seen the driveways and ravine, a single roadway is not an option. Our request is to vacate North 1 st St., just south of Willow St. and use the West 30' feet of North 1 st Street as a future access for any needs. We thank the council for its re-consideration. . S~?l' 6~/&j ~A9~ John and Katherine Schoenecker . ,"- ,,~ . , . . . -/ \ PLANNING APPLICATION REVIEW FORM CASE NO. SV/04-85 Planning Commission Date: October 11, 2004 Project Location: 301 E Willow Street Comprehensive Plan District: Single Family Zoning District: RA Applicants Name: John and Katherine Schoenecker Type of Application: Street Vacation Project Description: Request to vacate a portion of North 3rd Street from Willow right of way on the north for 180 feet. Discussion: This item was heard by the City some time ago and continued until North Hill Improvement plans were complete. The attached map shows the right of way being requested for vacation. The road right of way is not needed for drainage or utility purposes, but the requested vacation would block access to 1818 N rt Street and eliminate access to the vacant lot to the south of 1818 N rt Street (marked Lot "A''). Recommendation: Denial Attachments: Petition for Street Vacation. CPC Action on 10/11/04: Denial 3-2 ^ "'~ / y V ,'V )+~ / ... '\ I:' / ,0 ;,,~ _._-~~- .-/' J1 1 L..-._ ~r " 1.1 , . R21W nlNl nON T28N n8Nt ) nm n7N~ lU'2W lUlW !.lOW p- c..J; ,/1./ C _ n ()-tf\ ~, ~, ,/" '" .JC-- , ..evr -W," /i r~i , ,'I~/,'/ -;,,~.. ,. I, I . ... , ", ~,if ", - t - .. ;" .. --l " ji , :=.---' " iJ..I --, ~ S \ ~~\~ \ \ , , , (\.. .... \ \t I .. f I !f 1 I --\.~._l_ ;( t' i '----- x Location Map o 74 Scale in Feet '~ \C '------. --- IehrftRofecor:"= =~n~c::C4S. ~~::'W:::;:~llnot ~~anyitw;wraQM _.,~01b. =~~175'~' .~ PIroIlcteta~~. ~~~a.2004 '- . '-- "" . . City of Stillwater Planning Commission October 11, 2004 Mr., Peroceschi noted noise wouldn't be a problem and suggested that a 2xl' signisn't very big. While agreeing n<?t to require modifying the existingaccesso11'. space, Mr. Teske expressed. a concern about the requested sign variance due to the location ina residential area. Mr. Middleton , agreed that the Commission has been tough on signage varianc~s in the past. Mr. Teske moved to approve the Special Use Permit for the Type ill home occupation permit. Mr. Dahlquist seconded the motion; motion passed unanimously. Mr. Teske moved to approve the variance for the square footage of the accessory unit. Mr. Middleton seconded the motion; motion passed unanimously. Mr. Teske moved to deny the sign variance. Mr. Dahlquist seconded the motion; motion passed unanimously. Case No. SV/04-85 A street vacation request for a portion of North First (from the south edge of Willow Street to a point 150 feet south) near 301 E. Willow St. in the RA, Single Family Residential District. John and Katherine Schoenecker, applicants. . The Schoeneckers were present. Mr. Schoenecker explained the request is to enable them to construct a garage. The Schoeneckers proposed that if the vacation is approved, the west 30 feet of the street be retained for access to the ravine, and they be given the east 30 feet, which will enable them to build the garage. Virgil Plattner, 1813 N. Second St., said the proposed street vacation would cut off access to his property. Also expressing concern about access was the owner oflot 1801 as shown on the plat map in the agenda packet. Expressing support for the request was Debby Johnson, owner of lot 1824, who stated the Schoeneckers' and herself would be more than willing to accommodate access. Mr. Dahlquist said in addition,to access issues, he would be reluctant to give up city right-of- way. Mr. Ranum said he would be reluctant to grant the request without access issues being resolved. Mr. Dahlquist moved to recommend denial ofthe street vacation. Mr. Ranum seconded the motion; motion passed 3-2, with Mr. Gag and Mr. Peroceschi voting against denial and Mr. Teske abstaining. The request goes to the City Council. Case No. V 104-86 A variance to the street side and front yard setbacks (30 feet required, 22 feet (side) and 24 feet (front) requested for constniction of a second floor and new roof at 1345 Third St. S. in the RB, Two Family Residential District. Don Berry, applicant. ~'" .'f",..;f_..- Mr. Berry was present. He explained the plan is to construct a second floor over the entire structure; currently there is a second floor over a portion of the house. Mr. Peroceschi moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed unanimously. . Case No V/04-17 A variance to the Bluffland/Shoreland setback regulations (40 feet required, 0 feet requested) for construction of an addition to an existing residence at 2000 Lake St. in the 2 , \ ~j;~ · !water ~ -- - ::;;.-----=:; ~ THE BIRTHPLACE Of MINNESOTA ~ . ~Fee $25~- Receipt No.~6 ' City of Stillwater PelITION TO VACATE PUBLIC:'I REcl The Unl. rersigned Hereby petition, T~at All That portion o~ \. +. ~lo.r1- h I jj: sfr"'"" 56 u f~ of' IAJI / fM.) .$ . "t.J 50 rf'. pf N YtA L. TS r""'\ ABb 1'.1 NG LOTS '^'.~ 0 f. L- D+ lr , Bloc/( Lf ~ C o.r I,' (il.,,,,J S cd/ltJ k'l berYAddition, in the city of Stillwater, hereby be vacatel. f. . --- , NAME j)LkaJ~ f-\ ~~ -~..\ 4t~i,)i t5~~-/ ~~tf) .~ /JV'~;$- () I tht~,~ ADDRESS \~aL\ - \~' S\yat No. 91 (\vJ '?Jo7 >>. ~/\ UJJYJ ?:n ( 30lf fPylb,. ${ {M~~ 30~ €. ~ SI-,SiL'l; 360 \7. lu\ U-o-tv )'t. . <\'i1LU-l *Atta~h a map showing the str8etm:ttJE~ed. S:\Planni 19\street vacation application petition.wpd SEP 2 1 2004 . ~ CITY HALL: 216 NORTH FOURTH STIllWATER, MINNESOTA 55 182 ~\I~fMwrr I r , . September 16, 2004 Stillwater Planning COmnllssion: To Whom It May Concern: My nam.e is John Schoenecker and along with my wife Katherine, would like to thank you for reviewing our request to have N. 1st Street vacated. This area south of Willow St. is divided into 2 driveways and has been maintained by the homeowners. . We have lived at 301 East Willow St. for 11 years, Several years ago we had requested the sam.e vacation of N 1st St and at the time were told we had to wait until the North Hill plan went through. Thanks to all of you the plan went through, and the path is now a city street, The city has also confirmed that this part of N .1st Street is not needed for any utilities or water runways. We also understand that the city and a small nwnber of residents may have future need to access the ravine for repairs. The ravine area, just south and southwest of the proposed area of vacation is navigable by foot only. We propose a full vacation of this area of N. 1st street while providing the city and those residents involved, access to the west 30 feet of N. 1 st. street, The pictures and zoning maps will hopefully provide the cOmnllssion with a full understanding of our request. Our intention is to build a garage on the east 30 feet of the vacated N 1st Street area. Thank You, . sm'~y. d)~ J~~'. T.", . R-4v('''f: .. . . .. I ~: Yl-r~(> t 100 I:. ;"1 Sv/-t.. · . . . uJ . 3(.} f+' 6( . ",- r A '<* + L . 3D (-/-,. 0 f- ~., "- S Ri'.:.{J i.' ';: V. ~ S ('{"Q o,o.-"'C-(Jl f' lIe:// A:\MVC-003SJPG Page 1 ( .. . . .~- ....., . 9/13/2( . ) \ 1 L, ~I ~ (5 tll' -/ "'1 ~~'\ J.'\ VI 118 } ) "1'--1 \ Ill~ I ,,?,) (0\' ! /~\1.'i\~~"~.\ Y 150 ~,^J",~'~OT 1IAtIT.s+.1o ~~ ~ ,,::::-. 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'IN.lhMng......-.vt.-.piI..1Dn . ".....gfbNld~_..., ....in___ W-.hlngIonCounly ana.. The dI8Mno shauld " Uhd lot.-...- puIPOIIMonl1.~CouIlly"nal _pansl~f<<an,~ eo.-; WMt*lglonCauniy8urvoIyoI'&ocnc. PhaM(6SI)4l).6a75 ~dIIlIIbaudClOlAS4CiOWlll1Mlkln ~ 0nuQh;.futt 31, 20CM _~ SepI....1.2D04 . .' . R21W R20W Rt9W PIN n2N '_ T30N nON ""-8N ,......,., nmW= RnW 1UIW R2QW Vicinity Map o 98 Scale in Feet ,~ ,...:i~ TlMdI1IWIngll.lhelMllllda-..pi1Uln andNplOl;ludlol'lolland--'''1M1 .....lnvarlauaWashinglonCaunlJ amu. TMdfawIng....d"...far~ JIUlJOOlI_antt.WIIIhinliJIonCllunty"flGl "pclMlllllJtor..-.y~. aou-:W.....IunCountr8uMl~0fJka ""{85tI43O-&ll7S Paraoldlll............"-'S"OO1r'lorlnloliDn: cunwlIlhfougIl:Jtilt31.2004 U8ppmtllll8eplwnber1.2004 . . . , i Deborah A. Johnson 1824 First Street North Stillwater, MN 55082 (651) 275-0900 Novembe~ 3, 2004 Stillwater City Council ' Stillwater City Hall 214 North Fourth Street Stillwater, Minnesota 55082 Re: John and Katherine Schoenecker; 301 E. Willow Street Dear Council Members: I am writing on behalf and in support ofthe vacation of that portion of 1 st Street at issue in the above-mentioned matter. I am the owner of the property immediately west of the property at issue. To my knowledge, the portion that is requested for vacation only includes the portion of 1 st Street that splits off to the south and east of the main "street," and is used solely for the purpose of a driveway to access the Schoenecker property. That has been its sole purpose for the entire time the property has been owned by the Schoeneckers. It is also my understanding that for several years the entire portion of 1 st Street, including the split-off portion, has been completely maintained by John and Katherine Schoenecker. The City supplies no trimming of trees, sweeping of the "street," or, most importantly, the plowing of snow for that portion of 1st Street from Willow Street south to the ravine. My understanding of the reasons given in opposition of vacating 1 st Street to be (1), access to the ravine by property owners adjacent to the ravine for some possible future purpose; and (2), the vacation would result in the property owners on either side of that vacated portion would be granted that property which is vacated. If that portion of 1 st Street were to be vacated, it is my understanding that prqperty would go to the Schoeneckers. I believe that would be a fair and equitable result considering the many years it has been maintained by the property owner. In the event the entire street must be vacated in order to vacate the portion of the street in question, I believe any concerns regarding access to the ravine can be addressed by implementing or reserving an "easement" of the entire remaining portion of 1 st Street for the rest of the neighborhood or city workers that may need access to, the ravine. Those of you who are familiar with the property have seen the vast improvements that have been made to the property. The Schoeneckers are long.:standing citizens of Stillwater, and deserve to have the convenience ofa garage that would add to their quality of life. Thank you;- for your kind consideration. ~CerelY' ,....--....., I ~ \ ' c. i. ' ~)l,~ L~- rK,yV~.y\. Deborah A, Johnson U - . MEMORANDUM TO: Mayor and City Council Shawn Sanders ~ Assistant City Engineer FROM: DA TE: November 4, 2004 SUBJECT: North Hill Sewer Project Adjustments to Assessment Roll Project 2000-15 DISCUSSION: . Staff has found a couple of errors in the assessment roll for the North Hill Sewer Project. The property at 1 River Heights Drive had street improvements along Second Street and was omitted from the roll. The assessment for this property was $2133,38. The property owner signed a waiver of appeal and agreement of the assessment. The owner has since paid his assessment in full. The second error was the property at 2015 Lake Street. This property is a vacant lot was assessed for sewer, water, and street improvements. All vacant lots in the project area were not assessed. Instead they would receive a hook-up charge if and when the lot is built on. RECOMMENDATION: Staff recommends that Council adopt the attached assessment roll for the North Hill Sewer Project. ACTION REOUIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting Resolution No. 2004- , RESOLUTION ADOPTING ASSESSMENT FOR THE NORTH HILL SEWER PROJECT IMPROVEMENT PROJECT (PROJECT 2000-15) . RESOLUTION 2004- RESOLUTION ADOPTING ASSESSMENT FOR NORTH HILL PROJECT (PROJECT 2000-15, L.I. 350) . 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 North Hill Project for I River Heights Drive, Parcel #2103020420025 and 2015 Lake Street, Parcel #2103020140009 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATEK, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twelve (12) years, the first of the installments to be payable on or before the first Monday in January 2005, and shall bear interest at the rate of 4.3 percent per annum from the date of the adoption of this assessment resolutions, To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when .' due shall be added interest for one year on all unpaid installments. 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2004. If the assessment is not paid by November 15, 2004, accrued interest from the date of the adoption of the assessment roll through December 31, 2004 will be added with the first installment due in 2005. If payment is not received by November 15, 2004, the amount listed above will be collected over a 12-year period with interest added at 4.3 % per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes, Adopted by the Council this 9th day of November 2004. Jay L. Kimble, Mayor . Attest: Diane F. Ward, City Clerk . ) \ 2. Oc....~~ 2..004- , ye.a.x- ~~~, ~ t"f. '~\N.""~'\.G S~I'l<>,) ~~ LUc....V \.JV.-~-\-~ \\CL 6...-t..~ ~ ~ \.- ?'\~ ~"'- ~ ~. 0",,", ~ ~n ~b~ 2..C\ ) ZJ::;C;4-. 0",,-- ~"'\) D 0"" ~ ~ \ '\.A..MN ~ D\J ~ '""?~ ~ Q.u.'b , .1 L.VO~ ~ +c ~ 0-- ~ ~\:.. ~\Ou... -\-0 ~ ~ Db ~\'--wo.\e. ~ d::s CC)~\..UV ~~c~-\:"' ~ ~ ~ ~ ~ ~'^'" -o.-~. W~~ v.>~ Q~~ ~'^ ~~tJ,,\..; ~~\..-V,^-y t. "- ~""Dt..Vv....A c... ~~ \..E>~~ ~~ ') ~c- ~k0e... . 6-e0c:.Lc>~ '^-; +-($'~n 'tV" ~ \.-U \.,U,.- ~ ~+--, ~\.U.X. -t~ ~ () ~ ....1 6\;) fu ~ r \ ~ ~ \..0'0-..L ~A () o...u Cv\.... -\0 y~.J":'...d:.--~ ~ . ~b~ ~ ~cX- ~~ ~ ~ ~ ~ ~\.c'-X~-\:. Db ~~ '" () " '~"\'::b D..A>,\, \) ~ . ~ ~ . O--~~~~:.~~a~~d ~~...~_c\'~\.. ~ ~ ,,~ '" Jane E Schwartz 1908 North First Street/1905 North Second Street Stillwater, MN 55082-4212 . October 26, 2004 Dear City Council Members, You may already be aware of the fact that I am unhappy with the improvements made to my properties. During the installation of city water/sanitary sewer/storm sewer my driveway [on North First] was removed as well as a hedge oflilacs. The lilacs provided privacy, noise control and protection from the elements. Tim Moore promised me replacement of the lilacs and the driveway as is was before construction. Larry Hansen also sent a letter to my home stating that the lilacs would be replaced as part of the loose ends at the end stages of the project. A split rail fence was mentioned briefly. I suggested a more permanent fence that I offered to maintain (i.e. paint). I requested something similar to the "pipe and elbow joint" fence along the bottom of Pioneer Park. I am requesting this type of fence rather than a split rail because it would outlast a split rail fence and reduce costs to the city and residents, Again, I have offered to keep the fence painted. CUu"utly there is nothing guarding this very steep drop off. . The driveway as it has been replaced is, at minimum, four inches lower on the southern side and apptoximately eighteen inches lower on the northern side. This significant change has turned my previously flat driveway into a driveway with a grade of about 7%, a slope running down the center from the entrance to the back. This will make parking and walking on this driveway a challenge this winter. I do not need a liability like this. I have contacted several asphalt contractors. Although their measurements and prices vary slightly, they all agree on one thing, that the grade [which was not inspected before installation of the curb] is too low. Attached are copies of estimates to repair the driveway and before and after photos of the driveway. Response from the city has been that the driveway is "just fine" and that "we are fearful to do anything because we think you won't like anything we do" and "this driveway is better than anything you could have done". They have even forbid anyone from North West Asphalt from coming to see the finished product. There is no basis for these unfair assumptions and actions. I am simply asking that my t'J.vperty be left in the condition that it was found in. That the grade of the driveway be corrected back to what it was and the lilacs be replaced. This is not an unreasonable request. This is what I was promised before the work was started. . . . . I would also like to address the assessment on the property located at 1905 North Second Street. I purchased this property in August of2001. As you may know, this house has no plumbing. To put a well and septic system in at that time would have been foolhardy because city water was in the planning phase. The logical step was to wait for city water. Although the dwelling has been on the property since at least 1878, the city fails to acknowledge that fact. Tax records clearly demonstrate that a dwelling is on the property. Taxes have been paid on a dwelling since 1878, yet the city states that the parcel is "undeveloped" via a $25,000 assessment. I have contacted the county about having taxes refunded because the city does not recognize a dwelling at the property. The county assessor told me he was unable to do that because there is a dwelling recorded, and clearly visible, at the property. This is also the only property on the project that was not given an assessment although there is a dwelling on the property. I am not a developer or land proprietor I am the owner of a home without any existing water. This property should have been assessed as such. I would assume that the assessment would be the same for both properties as they are of identical size. The vacant lot located at 115 East Willow Street was given an assessment, as was the property located on the comer of East Willow Street and North Second Street. Although they were both in the process of being purchased, they are both undeveloped at this time. I have tried to negotiate with the city several times on these issues without success. My only other option at this time is to retain an attorney and pursue the matter in district court. "~ ,~ Before construction Jane Schwartz Residence . . . . . October 19, 2004 . Larry D. Hansen, City Administrator City Hall 216 North 4th Street Stillwater, MN 55082 Re: Thank you! Dear Mr. Hansen: Last week the Lower St. Croix Management Commission held a public meeting at the Stillwater City Hall. I would like to take this opportunity to thank you and your staff for the outstanding support and assistance they provided. I want to specifically acknowledge Sue Moore, Rose Holman, and Kathy Rogness. I understand that when we take advantage of your facility for a public meeting, we are not supposed to take advantage of your staff as well. However, during the course of the meeting we found ourselves unprepared in a number of ways. We were particularly in a bind when we determined to compose a letter on the spot, but didn't have the technical ability to transfer letterhead from one machine to another, nor to print copies for review, editing, and eventual signing. Your staff obligingly came to the rescue, and by day's end we had a joint Commission letter signed. . As I was responsible for staffing the meeting, I am particularly grateful. However, all Commission members were appreciative of the assistance your staff provided, Please convey to them our thanks, 0~ Rebecca Wooden Supervisor, Rivers and Shorelands Unit Division of Waters (651 )296-4802 . DNR Information: 651-296-6157 . 1-888.646-6367 . TTY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer ft: Printed on Recycled Paper Containing a \.., Minimum of lOCk POSI-ConsumerWaste ~ Me~:~:~~~:i~~:~:~~ . October 28, 2004 Dear Local Government Official: This letter is to inform local units of government that the Metropolitan Council is seeking applicants to fill four positions on the Metropolitan Parks and Open Space Commission (MPOSC). The open positions represent Metropolitan Council districts 9-16, which generally consist of communities within Anoka, Ramsey, Dakota and Washington counties. A copy of the news release for these vacancies as well as maps of the council districts can be found on the Council's website at: htto://www.metrocouncil.ondnewsI2004/news468.htm. The Metropolitan Council invites local units of government to participate in this appointment process by encouraging citizens who have an interest in the work of the MPOSC to become applicants as well as by providing us with any recommendations you may have, Qualifications for membership include: applicant must be a resident of the commission district for which they are seeking appointment, and shall not during their term hold the office of Metropolitan Council member, be a member of the Metropolitan Airports Commission or Sports Facilities Commission, or hold any judicial office. . MPOSC appointments are governed under the Minnesota Open Appointments process administered by the Secretary of State. Interested individuals should contact the Secretary of State's office at 651-297-5845 for an application or visit their website at www.sos.state.mn.us. Completed applications are to be returned to the Secretary of State by November 24, 2004, After receipt by the Secretary of State, applications will be forwarded to the Metropolitan Council. Applicants will then be invited to appear for an interview at a public meeting conducted by a Metropolitan Council appointments committee, Legislators representing these areas will also be consulted relative to these appointments, Following the public meeting, the appointments committee will review the information received and make appointment recommendations. It is expected that these appointments will be made by the Metropolitan Council in January 2005. If you have any questions about this appointment process, please call Julie Opsahl of the Council staff at 651-602-1630. Sincerely, g~ . Peter Bell, Chair Metropolitan Council cc: City Manager/Clerk www.metrocouncil.org Metro Info Line 602.1888 230 E".st Fifth Street . St. Paul, Minnesota 55101.1626 . (651) 602.1000 . Fax 602-1550 . TTY 291-0904 An Equal Opportunity Employer . October 14, 2004 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Jim Hiniker, David Johnson and Jim Doriott. Also, Treasurer Gloria Sell, Planner Dick Thompson, Engineer Paul Pearson and Attorney Soren Mattick. 1. AGENDA - M/S/P Hiniker/Doriott moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Hiniker/Johnson moved to approve the 9/23/04 Stillwater town board meeting minutes as written. (4 ayes) 3. TREASURER- a. Claims and checks #16947 through #16974 were approved as written. (Check #16957 is being held for further itemization.) 4. ATTORNEY- a. Adams Address - The county has sent a letter to therealtor handling the sale of the Adams house and property expressing that the address must be corrected when the sale is finalized. b. Loe Encroachment - Several pictures of objects in the right-of-way were reviewed. The end caps are still in place. The attorney will contact the Loes about it. . 5. PLANNER- a. Ooen Soace Ordinance Amendment - The county wants all the authority in the open spac.e ordinance amendment. The planner will draft a letter expressing that Stillwater Township wants to be in the loop. b. ATv/Motorbike Ordinance - Jason Jensen (D.N.R.) and Chief of Police Steve Nelson will be at the next planning commission meeting to discuss ATV and motorbike enforcement. c. Swimmina Pool Ordinance - Fence regulations will be discussed again at the next meeting. d. Garofalo C.U.P. - A public hearing will take place for a sign C.U.P. at the next planning commission meeting in November. 6. ENGINEER- a. Brochman Paving - The engineer discussed the work Brochman did for the township recently. An invoice for $3,500.00 was approved and paid at this meeting. . . Stillwater Town Board Meeting - 10/14/04 Page Two b. Tree Cuttino Bids - Heikes Tree Service bid $3,200.00 to remove 43 dead trees from the township road right-of-ways. BJ. Haines Tree Service bid $2,450.00 for the same service. M/S/P Johnson/Hiniker moved to award a tree removal contract to BJ. Haines. In addition to 43 trees being removed, an additional 40 trees may be removed. The total compensation for the 83 trees being removed shall not exceed $4,900.00. (4 ayes) c. Townshio Maintenance Proiect - There is a two year maintenance bond and the state tax has been paid. The pay request is final. d. The engineer asked if he should handle small items of concern from residents regarding roads, etc. The board members think township personnel should handle relaying small items such as dead deer, trees down on roads, appliances in right-of-ways, signs down, etc., to Raleighs. 7. RECYCLING AGREEMENT 2004 - a. M/S/P Hiniker/Johnson moved to sign the 2004 recycling agreement with Washington County. (4 ayes) b. The attorney will' update the Richtman/Stillwater Township 2004 Recycling Agreement. Next meeting. 8. PLANNING COMMISSION RESIGNATION, - James Fagrelius has resigned from the . planning commission. A letter of appreciation will be sent to him. The position will be advertised. 9. OUTING LODGE UPDATE - Mr. Gohlike and the building inspector have talked about the storage building built on the Outing Lodge property. Mr. Gohlike wants to change the building to a house. He has no current building permit and will have to go to the county and township for any change of plans. Building Inspector Kramer will continue to work with Mr. Gohlike. A letter from Mr. Kramer to Mr. Gohlike outlines the situation as it is now and what needs to be done to complete proper procedures. 10. BFI - CRAIG SEIM - Craig Seim spoke on behalf of BFI Waste Services. They will apply for permission to provide waste and recycling services in Stillwater Township starting in 2005. An application will be forwarded to Mr. Seim by the attorney. 11. OTTO BERG YOUNG CHILDRE,NS' Pl.AYGROUND AREA - Julie and Patrick Raleigh were present to outline the questionable condition of the childrens' playground. Mr. Ranalla will paint the slide and do weekly checks of the area. Valley Green will bring in clean wood chips. 12. COMMUNITY RECOGNITION BOARD - David Johnson brought up the idea of recognizing community contributors who go above and beyond for the good of the . township and surroundings. He has offered his Brother-in-Iaw's expertise for designing a recognition board. Stillwater Town Board Meeting - 10/14/04 Page Three 13. YEARLY DINNER - There will again be a dinner at the Dock Restaurant in FebrUary. for township personnel and officials. 14. ADJOURNMENT - Meeting adjourned at 8:30 p.m. Clerk Chairperson Approved . . . October 28, 2004 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P,M. PRESENT: Chairperson Sheila-Marie Untiedt, Supervisors Jim Doriott, David Johnson, Jim Hiniker and Duane Laabs. Also Treasurer Gloria Sell, Planner Dick Thompson, Attorney Soren Mattick and Police Chief Steve Nelson. 1. AGENDA - M/S/P Hiniker/Doriott moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Hiniker/Johnson moved to approve the 10/14/04 Stillwater town board meeting minutes as written. (4 ayes) M/S/P Hiniker/Johnson moved to approve the 10/13/04 Stillwater Township budget meeting minutes as written. (4 ayes) .3. TREASURER - a. Claims and checks #16975 through #16987 were approved for payment. 4. ATIORNEY- a. Letter sent to Loes regarding removal of the end caps .per the signed agreement. b. Discussed certification requirements for the town board members re: the yearly board of equalization. c. A contract for the Haines Tree Service Company will be written and ipcluded will be insurance and bond items. d. The township 2004 and 2005 recycling contract with Karen Richtman is in process. . 5. PLANNER - a. Washinoton Countv ODen SDac~ Amendment - Word from the county is that the township will not be left out of the loop. The township will see problems first and be able to express an opinion to the county. b. The swimming pool ordinance is to be finalized at the next planning commission meeting. c. The Cummings, et al zoning change request from conservancy to agriculture is moving along. The planning commission will hear the zoning change request in December. At the same time this request and Busse's zoning change will be sent to Met Council. Stillwater Town Board Meeting - 10/28/04 Page Two Duane Laabs arrived. . M/S/P HinikerjJohnson moved that Cummings, et ai, and Busse's zoning changes be forwarded to Met Council for its review. (5 ayes) 6. FAIRCHILD PROSPECTIVE GARAGE REOUEST - Mr. Fairchild is interested in buying the Norton Cross property on Highway 96. He would like to put a garage on this 5.9 acre property in Stillwater Township. It doesn't appear to be feasible because of the slope of the property and inadequate right-of-way. 7. MARINE WMQ - Representative David Johnson talked about the mandated and expensive plan they are working on. 8. SOUND fvl0NITO~If\lG DEVICES - Duane Laabs has been checking out some devices and will continue his search. 9. GOHLIKE BUILDING SITUATION - The building inspector has been following up with Mr. Gohlike's project at the Outing Lodge. Instead of a storage building, he was considering making it a house. He now is considering it to be storage and an art studio. No permit secured as yet. Stay tuned. 10. STEVE NELSON REPORT - . a. Lights on the trailer need to be fixed. b. Ron Erickson (St. Croix National Park) has been contacted about bans on hunting at Fairy Falls and Arcola Park. It is too late for a recommendation to be considered this year but there will be input for consideration next year. (Next agenda.) 11. ADJOURNMENT - Meeting adjourned at 8:05 p.m. Clerk Chairperson Approved . Diane Ward .From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, October 14, 2004 11 :02 AM Pat Raddatz Washington County Board Agenda - 10/19/04 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda October 19, 2004 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the _right to limit an individual's presentation if it becomes redundant I epetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 - Consent Calendar 4. 9:10 - Assessment, Taxpayer Services and Elections * Kevin Corbid, Director Sale of Eight Parcels of Tax Forfeited Land 5. 9:15 - Transportation and Physical Development * Don Theisen, County Engineer Comments on Draft Metropolitan Council 2030 Transportation Policy Plan 6. 9:25 - General Administration * Molly O'Rourke, Deputy Administrator 7. 9:30 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. .8. Board Correspondence 9. 9:45 - Adjourn ************************************************************************ 1 Meeting Notices October 19 - Finance Committee Meeting 10:00 a.m., Washington County Government Center . October 19 - Housing and Redevelopment Authority Board 3:30 p.m., 1584 Hadley Avenue North * Oakdale October 21 - Workforce Investment Board 8:30 a.m., 2150 Radio Drive * Woodbury October 21 - Minnesota Extension Committee 5:00 p.m., Washington County Government Center ************************************************************************ Washington County Board of Commissioners Consent Calendar * October 19, 2004 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the October 5, 2004 Board meeting minutes, B. Approval to reappoint Duane Johnson, West Lakeland Township, to the Valley Branch Watershed District Board of Managers to a three-year term expiring December 13, 2007. C, Approval to appoint Dorothy Flynn, New Scandia, as a District 1 member to the Mental Health Advisory Council to a first term expiring December 31, 2007. . Assessment, Taxpayer Services and Elections D. Approval of Second Amendment to agreement with Ramsey County for tax payment processing services. Community Corrections E. Approval to authorize the Community Corrections Director to sign a work order to re-write software used to track clients in the Family Court Division. Community Services F, Approval of the 2004-2006 contract and Comforts of Home Assisted Living to provide assisted living plus services to eligible Washington County residents. G, Approval of an amendment to the Community Development subgrantee agreement with Two Rivers Community Land Trust for the Homebuyer Initiated Program. Public Health and Environment H. Approval and execution by Board Chair and Administrator of agreement with the City of Woodbury for distribution of curbside recycling funds. . Recorder I. Approval of the Plat of Magler Addition in West Lakeland Township. 2 Transportation and Physical Development J, Approval of contract with Hollenback & Nelson, Inc. in the amount of $36,000 for repair of cooling tower wall at the Government Center. .K. Approval of contract with Howard R. Green Company for final design services for the reconstruction of Washington County State Aid Highway 13 in Woodbury for a cost not to exceed $454,787; and approval of a cooperative agreement with the City of Woodbury, for same project, to obtain reimbursement of $145,280 for the consultant engineering costs. Pat Raddatz, Administrative Assistant Washington County Phone: (651) 430-6014 e-mail: pat.raddatz@co.washington.mn.us . . 3 Diane Ward From: Sent: To: Subject: Pat Raddatz [Pat.Raddatz@co.washington.mn.us] Thursday, October 21, 2004 11 :45 AM Pat Raddatz Washington County Board Agenda - 10/26/04 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County Board Agenda October 26, 2004 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator, The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative I or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the nUmb. of individual presentations to accommodate the scheduled agenda items. 3, 9:10 - Consent Calendar 4. 9:10 - General Administration * Jim Schug, County Administrator Review Draft 2005-2009 Capital Improvement Plan 5, 9:30 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:50 - Adjourn ************************************************************************ Meeting Notices October 25 - Library Board 6:30 p.m" 8595 Central Park * Woodbury October 26 - Planning Advisory Commission 7:00 p.m., Washington County Government Center October 27 - Mosquito Control Commission 9:00 a.m., 2099 University Avenue West * St. Paul . October 27 - Regional Solid Waste Coord. Board 10:30 a.m., 2099 University Avenue West * St. Paul 1 October 28 - Community Corrections Advisory 7:30 a.m" Washington County Government Center .ctober 28 - Red Rock Corridor Commission 3:30 p.m., 7516 80th Street South * Cottage Grove October 28 - Public Health Emergency Preparedness 5:30 p.m" Washington County Government Center * ** * * * **** * ** *** * *.* * * * * ** .*** *'* *** * * * * * * * * * * *,* *** * *.*** *'** ** ** * ***** * * *>*'* * Washington County Board of Commissioners Consent Calendar * October 26, 2004 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Con~ent Calendc:tr item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the October 12, 2004 Board meeting minutes. B. Approval of the Regional Parcel Data Sharing and Distribution Agreement <with public parties between Washington- County and the Metropolitan councii, extending the 2002 agreement through December 31, 2008. Assessment, Taxpayer Services and Elections C. Approval of resolution, revised Policy No. 4003 * Tax Forfeited Property. ~ommunity Services D. Approval of an amendment to the Community Development BlockGrantSubgrant~e Agreement with the City of Landfall for the Landfall Sidewalk Improvementproj~ct, E, Approval of an amendment to the Community Development Block GrantSubgrantee Agreement with the City of Woodbury for the City Walk project. Public Health & Environment F. Approval and execution by Board Chair and Administ,ratorof agreement:withtl1e City at Forest Lake for distribution of curbside recycling funds. Recorder's Office G, Approval of Plat of Manning Lake prairie Additioh in May Township, H. Approval of the Plat of Manning Lake prairie 2nd Addition in May Township; Sheriff's Office I. Approval of amendment to the agreement with Aramark FHC cor;rect.ioIlal Serv:i<::~s, Inc:,for food service operation at the Law ,Enforcement Center. Transportation and Physical Development J. Approval of resolution, acq:uisition of the Larson property {17679 LisbohAvenue North) for inclusion into Big Marine Park Reserve. .. Approval of resolution, authorizing; the Director of Trimsp~ftationand Physical Development to install and maintain stop signs at County State ,Aid Highway 13 and County Road 74/65th Street, located in the,' City of Cottage Grove, to createian all V:Jay stop condition. ' 2 Diane Ward .From: " Sent: To: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, October 28,200412:03 PM Linda Engh Washington County Board Agenda - November 2,2004 Washington County Board of Commissioners 14949 62nd Street North Stillwater,MN 55082 Washington County Board Agenda November 2, 2004 * 9:00 a.m. 1. 9:00 - Roll Call Pledge of Allegiance 2. 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a).responsibility or function of Washington County Government, whether or not the issue is listed 'on this agenda. Persons who, wish to address the Board mustfilL6tit a, comment card before the meeting begins and give it to the County Board secretary or the COUrlty 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 YOllr presentation to no more than fiye minutes, The Board .Chair reserves the right to limit anindiv:i.dual.'s present('it;,ion if it becomes redundant, repeti ti ve, overly argumentative" or if it is notii,releva,ntto an issue .ha~ i~ I;art of washing~on County's responsibilities..","','rhe."c" hai,r, ,maY"c'i:lISP limit the' number , f lndlvldual presentatlons to accommodate the scheduled agendalterns. ' 3. 9:10 ~ Consent Calendar 4, 9: 10 - Assessment, Taxpaye.r Services and 'Elections, - Kevin Co:rbid, Dire,ctor A. petition for Detachment and Annexation of. Lot 2, Block i,Pat Lake Estates in Grant B, Private Sale of Thirteen Parcels of Tax Forfeited Land 5. 9: 20 - Public Health and Environment * Sue Hedlund I Senior :program Manager, Overview of School-Based ChemiCal Health Services System 6. 9:40 - General Administration * Jim Schug, County Administrator 7. 9: 50 - commissioner Reports * Comments -Questions . ," ". '.. '" i".. , ' ',' ,'.,..' 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 andinformation,p:\:, rais'e questions to the staff. This action is not intended to result in 'substantIve ,board action during this time. Any action necessary because of discussion will be scheduled fora future board meeting. 8. Board Correspondence 9. 10:10 - Adjourn 10. 10:15 * 11:00 Board Workshop with Public Health and Environment Waste Management Master Plan 11. 11:00 * 11:30 Board Workshop with Transportation and Physical Development .etachment/AnnexationAgreement with Oak Park Heights and Stillwater ************************************************************************ Meeting Notices November 3 - Plat Commission 1 8:30 a.m., Washington County Government Center November 3 - Metro Transitways Development Board 8:30 a.m., 125 Charles Avenue * St. Paul . November 4 - Community Services Advisory 7:30 a,m" Washington County Government Center November 4 - Metro Energy Task Force 1:00 p.m., 2099 University Avenue West * St. Paul *********************************************************************** Washington County Board of Commissioners Consent Calendar * November 2, 2004 Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. The following items are presented for Board approval/adoption: Administration A. Approval of the October 19, 2004, Board meeting minutes. B. Approval to appoint Bruce Eisenmenger as an Adult Mental Health Professional Representative to the Mental Health Advisory Council, to a first term expiring December 31, 2007. C. Approval to appoint Cindy Evans as a District 4 member to the Mental Health Advisory Council I for a first term expiring December 31, 2007. D. Approval to appoint Alexis Small as a District 5 member to the Mental Health Advisor. Council, for a first term expiring December 31, 2007. E. Approval to appoint Kathleen Schwarten as a Family Member to the Mental Health Advisory Council, for a first term expiring December 31, 2007. F. Approval to appoint Christie Lea Thompson as a District 4 member to the Community Corrections Advisory Board, for a first term expiring December 31, 2006. Assessment, Taxpayer Services I and Elections G. Approval to set Truth-in Taxation hearing for Thursday, December 2, 2004, at 7:00 p.m., and a continuation hearing for Monday I December 20, 2004, at 7:00 p.m. H. Approval to pass a resolution to not approve the repurchase of tax-forfeited property PIN 16.029.21.14,0007 and PIN 31.029.21.11.0083 by the previous owner. Linda Engh Washington County Administration Phone: 651/430-6010 E-mail: linda.engh@co.washington.mn.us . 2