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HomeMy WebLinkAbout2004-05-04 CC Packet JGITh' OF STIL~WAjfER ]: CITY- ~!?UNCIL MEETINGNO,04-l0 :CouncnIChambers, 216 NorttlFourth $treet I .:".' May ,4, 2Q04' '.., i "-Ii .ii .,1 I' 'I Ii II il ;',-) " 'ft '.. ...1 il 4:30PJ\l1. I 7:00 'P,M. ~ , ~~ -; I! 'j " eEGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHE~ BUSINESS , .". ' ',. ',: -- - - - - - ':,!, ,: .-,', , - _: :. - - -!: - - ! 1. Possibleexpenditu,re byDowntown,PCirking Commip~ioh 2. Community Family Center ConceptP{an STAFF ,REPORTS 1. Police Chief 2.Fire Chief 3. City Clerk , 4. Director of Adniinh 5~ 6,. i: ,I I . Ii : ~j-- ,i::: 'J -,I CityiiAttorrey~ . City'!Aqmi,ni~tratbr " , ;;1 ;l,"" '" CALL TO ORDER ROLL CALL I, , I . APPROVAL OF MINUTES - Approval qf j,\pril'20, 200 "I ,'I 'i! . .-' . . ,- , - ,: ,r ,- j ,'; PETITIONS, INDIVIDUALS, DELEGAjrl'PNS&"COMME 1. Friends of Stillwater Library - Ma'1Y Ann Sandeen, 2. Meritorious Service Accommodati~n -J' der i . 3. Meritorious Service Accommodatib~ - lti~r 4. Presentation of 10th Annual Hel"itage .LXwards 5. Veterans Memorial - Julie Kink> . , , :t 1;';-" il II . ,I !I I cr 'ii :-;'1 '\\, OPEN FORUM The Open Forum is a portion of t the meeting agenda. The, COll to staff regarding investigation, \ . " ;:~ , ,. Ii . . , :1.: .,. ting to ~ddr~ssCoun4il on subjectswhicpCire!i~ova'part of ction or re~lyat the tiirle',iof the statement o~ m~yl!giye oirectiqr , _~:.: _,"', ;', i,' ;1 t,: "'1'- ,; \ rris expressed.! . '.., "ji, i, ,:! ,!i "" , "'II ':.ill :' ': ,... Ii aYl1"lent of bills, '. ,....,... ,.. " . '.. .' .". ;i ge an~colle€tion chargesforapplicatipn 2004,-01 throug~ 2pO~-04 .. ing r~vised '~ontra?t withJ9~nsori ',Cqntrols, Inc; for prev~ntiv~I ent at the Publiq Works facility" .."', .. Jf ' . .. . .' ,.,' Ii .: . " 2, proving Min.n~s0ta prer;nises p.errnit for g~mbling forBayportiArpeticfin4egiol)} . Croix Crab fHouse,3.17' South M~in Street, Stillwater, MN.' 1.lli urchase of~~nompcanner f~r dopument i~aging system, i' 'i:1 f fourDell cori,:tp~tersforBuildin~ Inspection ai~d Public Work~ 'I ..! if, '" ; 04-93~ approval ot~004~greement with}.talleyCr4isersformaintenalflc~ o~ Kelliner Park' (,' :It' '.; " i ,: ",j ',':i' '11 GONSENT AGENDA* 1. Resolution 2004-90, 2. Approval of waiv ' f 3. Resolution 20 maintenanc 4. Resolutio Post 491 5. Possi 6. Pos. 7. Reso PUBLIC HEARING. :. "; if , . ," ..' . f.' .'. .. I' .. :' "11','" 1. Case No, ZAM/04-01, This.is the, dciteand time forfa public h13ariflg to consiqer: a requ~~t;jfr0m~obert .Butler, representing Human Servi~es 'Inc., (HSI), fO~ia, zoning map amendment locat~dat375 Qr;leansl: ......,...., ,Street changing ~oning from RA'ri~gle FamilyDistrict,t() PA, Pu~licAdministration. ~otiq~swere . mailed to affected property oW'1er~ and ~ublished in:: tile.. Stillwater'Gazett13.on April 23, ~Oq4.; : i: i ':.1 ,- ~: ': I ;. , .!' l .' '..' " Ii ' ~l 'J 'i'l ,j l 'JI " :1 Ii Ii :1'11, ;~ j~ i". ... ~, ,"- ~ I UNFINISHEp BUSINESS ! '} ., ::" ) 1. Possible second reading of an ordinance amending ferc~' regulationsi,relating:to poqls 2. Reqyest for funding for sprinkler system for Historic Rock/Garden; .. I I. , r ,'" . , ~ N~W USIf~ESS :' ,; , . Parks Board Recommendation on Moto Cross Speciall Event .. I ,'. f/ Planming Commission Recommendation on Audubon rteql!.lest to dock boat at ;Stillwater teyee ( / Possible approval of final planned unit development- 4 request fr<?m Pope As~o . for Final PUD (~- approval for Terra Springs, Building 3, 4-level, 50-wnit 'co'ndominium with under€! . g located at 630 North Maip Street in the CBD, Central Business Qistrict CaseNo. PUD:~ (~esolution) ~. Poss;ib1e final plat approval for Settlers Glen 6th Additiqn (Resolution) : I .~....POSs.i.ble fin. al plat apProv.al for. Stillwater Mills on Main"I(R....e... S...'OILi.tion.....) and { '" Agreement for Stillwater Mills on Main (Resolution) Ii.,.. .' & po. ss,.'. ble approval .of D. o. ck pe.rmit. for St. Croix Boat & ..F. ~..,..q. ket (.Re?Olp /f._ Poss.ible appointmentto Water Board (Resolution) .f' I " ~ Possible appointmentto Human Rights Commission (lResplution /9. Requestto use Riverview Parking Lot site for Farmers~Market yt. Possible first reading of an ordinance amending the city q:;o . Expl(i)sives . .. ... ...Ii 11. Poss/ble approval of Change Order No. 2, NorlhH{J/ . 12, Draif(1age Issue at the Fugala Properly, 12525 N. 6 13. Stop. Sign Contro/Modifications PETITIONS;'INDIVIDUALS, DELEGATIONS & COMM * All items listed undertheconse enac~ed by one motion. Th or citizen so requests, in w considered separately. 'g ~!;52-2i=ir$wbrks and ;~ ,j'~ ' 1,.\ ., COMMUNIQATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF RE~ORTS (continued) ADJOURN""ENT .~ I .. ~ 'i.....!,. ." ..i< '. considered i,tO be routin13 by the :~ity Cputlcil and will be eparate dis1::u~sionon thes,e.iterns~nless, aCo~ncil Member items will be removed from the conl?;ent agenda and 2 .\ CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-10 Council Chambers, 216 North Fourth Street May 4, 2004 .EGULAR MEETING 1. Possible expenditure by Downtown Parking Commission 4:30 P.M, RECESSED MEETING 7:00 P,M, 4:30 P,M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS STAFF REPORTS 1.Police Chief 2.Fire Chief 3. City Clerk 4. Director of Admin. 5. Community Dev. Director 6. City Engineer/PWD 7. City Attorney 8. City Administrator CONSENT AGENDA* 1. Resolution 2004-90, directing payment of bills 2. Approval of waiver of garbage and collection charges for application 2004-01 through 2004-04 3. Resolution 2004-91, approving revised contract with Johnson Controls, Inc. for preventive maintenance agreement at the Public Works facility 4. Resolution 2004-92, approving Minnesota premises permit for gambling for Bayport American Legion Post 491, located at S1. Croix Crab House, 317 South Main Street, Stillwater, MN 5. Possible approval of purchase of Canon Scanner for document imaging system 6. Possible approval of four Dell computers for Building Inspection and Public Works 7. Resolution 2004-93, approval of 2004 agreement with Valley Cruisers for maintenance of Kolliner Park ting to address Council on subjects which are not a part of action or reply at the time of the statement or may give direction ns expressed. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - Approval of April 20, 200 PETITIONS, INDIVIDUALS, DELEGATIONS & CO 1. Friends of Stillwater Library - Mary Ann S 2. Meritorious Service Accommodation - J . 3. Meritorious Service Accommodation - 4. Presentation of 10th Annual Heritage Pr 5. Veterans ty1emorial - Julie Kink OPEN FORUM The Open Forum is a portion of the C the meeting agenda. The Coun to staff regarding investigation of PUBLIC HEARINGS 1. Case No. ZAM/04-01, This is the date and time for a public hearing to consider a request from Robert Butler, representing Human Services Inc., (HSI), for a zoning map amendment located at 375 Orleans Street changing zoning from RA, Single Family District to PA, Public Administration. Notices were . mailed to affected property owners and published in the Stillwater Gazette on April 23, 2004. UNFINISHED BUSINESS 1. Possible second reading of an ordinance amending fence regulations relating to pools 2. Request for funding for sprinkler system for Historic Rock Garden NEW BUSINESS 1. Parks Board Recommendation on Moto Cross Special Event 2. Planning Commission Recommendation on Audubon request to dock boat at Stillwater Levee 3. Possible approval of final planned unit development- A request from Pope Associates for Final PUD .. approval for Terra Springs, Building 3, 4-level, 50-unit condominium with underground parking located at 630 North Main Street in the CBD, Central Business District. Case No. PUD-F/04-15. (Resolution) 4. Possible final plat approval for Settlers Glen 6th Addition (Resolution) 5. Possible final plat approval for Stillwater Mills on Main (Resolution) and approval of Developers Agreement for Stillwater Mills on Main (Resolution) . 6. Possible approval of Dock Permit for St. Croix Boat & Packet(Resolution) 7. Possible appointment to Water Board (Resolution) 8. Possible appointment to Human Rights Commission (Resolution) 9. Request to use Riverview Parking Lot site for Farmers Market 10. Possible first reading of an ordinance amending the City Code by Amending ~ 52-2 Fireworks and Explosives PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) * All items listed under the consent agenda ar enacted by one motion. There will be no a or citizen so requests, in which event, th considered separately. o be routine by the City Council and will be . cuss ion on these items unless a Council Member removed from the consent agenda and . ADJOURNMENT . 2 ~"'- ~.. Type 2 13' H x 6' W (26"dia disks) Graphics-both sides Quantity - 18 . .. . G PL-4 PL-1 PL-WO . PL-2 PL-12 PL-A6 PL-24 COMMISSION REVIEW . .... ~ .., "- .... "" .., ~ .., ~ ,~ '" ii1 ~ ~ ~ ~ :{;" ~ -t ~ c " >~ )i< G ~ Ci "~ .~ ." ~< J; l! o ~ ~ ~ o-t 1< ~ ~ '" <>0 o b U ~ 8 f-< u, z g u, 1-< 9 o e ~ G3 Lot 3 Type 2 13' H x 6' W (26"di. disks) Graphics-both sides . . COMMISSION REVIEI17 . 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Gl '" 00 PARKING LOT ATIENDANT SHELTER City of Stillwater, Minnesota une Vesigt/ Grrmp, 1m: Mahto",edi, Mi",,,sota 651 653 3839 4/28/2004 r~ " . Community Family Center Concept Plan Proposal An integrated Community Family Center to meet the educational, recreational and wellness needs of families and individuals in the Greater Stillwater Area - serving the whole child, whole family, and whole community. This center will remove barriers by providing accessible. integrated services through research-based collaboration of public and private community service organizations. Potential Partners Stillwater Area Schools, YMCA of Greater St. Paul, Courage St. Croix, Local Municipalities. Human Services, Inc., Lakeview Hospital, Head Start. Washington County Public Health . Scope · Referral and Access - seamless services for families and individuals of all ages and abilities · Education - Early Childhood, Parent Education, Adult Basic Education · Health and Wellness - Classes, Programs, Wellness Center · Recreation - Programs. Facilities Facilities · Educational Facilities: Classrooms · Community Facilities: Meeting Rooms, Health/Screening Area, Resource Area, Shared Office Space · Recreational Facilities: Pool. Gymnasium, Large Motor Areas, Outdoor Play Areas · Child Care Facilities: Licensed Child Care Center, Drop-in Child Care Center · Wellness Facilities: Fitness Center, Studio Contacts Brian Hubbard, YMCA of Greater St. Paul, (651) 739-6580, bhubbard@ymcastpaul.org Paula Laidig. Stillwater Area Schools. (651) 351-8388, laidigp@stillwater.kI2.mn.us . ~\ ~ Community Family Center One-On-One Commitment Meetings Overview . *Overview of Concept Plan & status of Partners *Overview of perceived involvement opportunities 1) IPT - Integrated Planning Team - Organization represented at all planning meetings (Initial) 2) Capital Partner - Investment, Lease/Tenant Arrangement, Fundraising Involvement 3) Operational Partner - Provider of Programs/Services 4) Public Relations Partner - Info to constituents/funders *Commitment Questions 1) Comments/concerns about the plan to-date? 2) Is your organization interested/willing in being a part of the Integrated Planning Team? -Provide a Planning Team Rep. (decision maker) and . regular, consistent attendance at all meetings, -Use of logo on Planning Team correspondence, -Provide Executive signature on initial commitment letter, 3) How will your organization benefit from involvement in this proj ect? 4) What do you perceive your organization needs from involvement in this project? 5) At this point, what level of involvement do you perceive your organization having in the project? 6) What info/briefings do you need for your policy makers/boards? *First IPT Meeting - Thursday, May 27 - 8:30 - 10:00 am -Location TBD . ,If' # Stillwater Area Community Family Center Initial Organization Commitment We, as the leaders of the below-named organizations, are committed to the concept of developing an integrated Community Family Center to meet the educational, recreational and wellness needs of families and individuals in the Greater Stillwater Area. To that end, we give the endorsement and energy of our organization towards the initial development of this integrated concept and agree to the following on behalf of our organization: . *Regular and consistent representation of a "decision maker" from our organization to be a part of the initial Integrated Planning Team *Use of our organization's name and logo on initial correspondence regarding this project *Expertise and planning resources to move the project forward. We understand that we may remove our organization's commitment to this project at any time for any reason with written notice to the other partners. Signed, . .. . . Draft: 04/16/04 DEVELOPMENT AGREEMENT RELATING TO THE JENNINGS BANK SITE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND SPRING GROVE INVESTMENTS, INC., a Minnesota corporation This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439~5641 fax DEVELOPMENT AGREEMENT RELATING TO THE JENNINGS BANK SITE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND SPRING GROVE INVESTMENTS, INC. . THIS AGREEMENT, made this day of ,2004, between the City of Stillwater, a political subdivision of the State of Minnesota, ("City"), and Spring GROVE INVESTMENTs, Inc., a Minnesota corporation ("Jennings") (the "Developer"); '" 1 n~ESSETH THAT, the parties hereto recite and agree as follows: SEcuON 1. RECITALS. 1.01 The Prooertv.. The Developer owns the property described as Lot 15, Block 1, Parkwood Villas, Washington County, as depicted in the attached Exhibit "A". (the "Property") located within the BPC Zoning District in the City.ofStillwater, Washington County, . Minnesota. (A) Developer was granted final PUD approval for the Jennings Bank Phase of the Development on December 16,2003, subject.to conditions of approval as set forth in City Planning Case No. PUD-003-263 and DR/OJ.-'75. 1.02 Develooer Imorovements. (A) The City is willing to allow the Developer to construct and install.the Developer . Improvements. A description of the Developer Improvements and estimate of costs are attached as Exhibit "B". In general, the Developer will grade the Property, construct a storm water pond, and construct curb, and gutter where necessary within the boundaries of the Property and construct and dedicate a walking path along the perimeter of the Property from the northeast corner, along County Road 5 and along the southerly boundary to the south westerly corner of the Property, meet the trail to be constructed by others to connect tothe cul-de- sac on Parkwood Lane and these improvements are defined by this Agreement as the Improvements. The plans and specifications for these improvements must be approved by the Stillwater City Engineer. Developer Improvements will not include work done offsite orby St.Croix Development Group, LLC ("SCDG")on adjoining property. 1.03 Imorovements. Warranty. The Developer agrees that the Improvemepts will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who is vested With authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as. defective or unsuitable, then the rejected materials must be removed and replaced with approved _ 1 material, and the work will be done anew to the satisfaction and approval of the City Engineer. . Developer does not warrant any work done off site or by SCDG on adjoining property. SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01 No Disabilitv. The Developer is the fee owner of the property and knows of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Liti!!ation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.04 COIDnliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of subdivision and Planned Unit Development approval; and comply . with any applicable requirements of the Brown's Creek Watershed District. SECTION 3. IMPROVEMENT SCHEDULE. The Developer will install the Improvements according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the Improvement work schedule by the City Engineer will be required before construction begins. In the event that the Developer fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon ten (10) days written notice from the City Engineer within which the Developer will have the opportunity to cure, have the right to draw upon any Security provided pursuant to ~5.03 ofthis Agreement for the costs associated with completion of the work referred in this section. Upon satisfactory completion of the work, the City will have the right but not the obligation to terminate this Agreement. SECTION 4, COST RECOVERY. 4,01 Develoner Imnrovements, Payment of the costs of the Improvements must be made by the Developer within ninety (90) days of being invoiced by the Developer's contractor, unless amounts are withheld by the Developer because of a Bona Fide dispute with the contractor and notice ofthis dispute is provided to the City. . 2 SECTION 5. SECURITY. 5.01 Consultant Fees and Char2"es. The Developer will pay to the City, withinthirty (30) . days of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection .for one (1) year beyond the acceptance of the completed work. 5.02 Payment of Trunk Chars:es. Developer must pay to the City before commencement of grading on the Property, the following trunk charges: (A) Storm sewer AUARtrunk charge 14,200 per acre x 1.64 $23,288.00 (B) Sanitary sewer trunk charge Market Place Lift Station 6,300 per acre x 1.64 = $10,332.00 NOTE: The rates for multifamily and commercial are the same charge per a~re. 5.03 Security for Cost of Develoner Imnrovements.. Developer must, prior to beginning work on any Improvements, provide the City with cash, letter of credit or other surety,. with the form of any non-cash surety to be satisfactory to the City Attorney in the sum of . (to be suoolied based upon estimate) and. /100ths Dollars ($ ). The surety must be a guaranty. to the City that the Improvements will be timely completed to the City's satisfaction. The cash, letter of credit or other surety must be maintained continuously by the Developer until the Improvements are completed to the City's satisfaction. The cash, letter of credit or other surety for Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement.. Periodically, as payments are made by the Developer for the completion of the Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made. A Letter of Credit or other surety must permit the City to draw upon it for the full face amount of the cost of curing. any default of the Developer, upon ten (10) days written notice to the Developer of its opportunity to cure,. with respect .to performance items or the extended period of ninety (90) days Written notice with respect to contractor payments as set forth in~6.64(B) or seventy-two (72) hours written notice with respect to erosion control violations as described in ~6.04. e 3 SECTION 6. DEVELOPER'S RESPONSIBILITY. . 6.01 Easements. (A) The Developer must convey to the City all permanent easements over property owned or controlled by them as designated in the plans and specifications deemed necessary by the City for the location, construction, installation and operation of the Improvements, in form and content satisfactory to the City Attorney. The Developer must also convey to the City a trail easement in the form attached as Exhibit "C". (B) Developer agrees to convey to the City a utility easement in such form prescribed by the City Attorney with respect to sanitary sewer and watermain located on Outlot E, Long Lake Villas, County of Washington, State of Minnesota ("Outlot E"). The City will compel SCDG to convey to the City or arrange by other legal means to obtain a utility easement for sanitary sewer and watermain at the expense of SCDG for sanitary sewer and watermain from Outlot E and running northerly along Stillwater Boulevard and the real estate known as 6322 . Stillwater Boulevard, City of Stillwater, State of Minnesota (the "Wind Property"). The City agrees to not hold Developer responsible or otherwise charge the Developer for costs associated with obtaining easements across the Wind Property. . 6.02 Mass Gradin!!. Prior to the commencement of construction of any Improvements, the Developer at its expense must complete the grading of the project area including the building sites, storm water holding ponds, surface drainage ways, private driveways, private streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions, and cross sections. No site grading is permitted unless security is provided to. the City for this work in the form of a deposit letter or other surety of credit as described in ~5.03. 6.03 Erosion Control Measures Durin~ Construction. Developer agrees that they will construct erosion control devices in conformance with the approved Construction Plans for the Developer Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and. siltation throughout the construction of the Improvements. Any deficiency or failure of erosion control must be corrected within seventy-two (72) hours of written notice or the City may draw upon the Security provided under ~5.03 of this Agreement in the amount of the costs incurred in curing the deficiency. 6.04 Citv Re!!ulations. Developer acknowledges that the property is regulated by the City and that a default under City ordinances or conditions of approval of any permit is a default as defined in this agreement, including the following conditions: (A) Compliance with any Wetland Mitigation Plan, if required, by the City Engineer. . 4 (B) Compliance with the grading and erosion control plan as approved by the City Engineer. . (C) If required by law, a National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained from the MPCA before grading begins. (D) Compliance with any applicable mitigation measures required by the AUAR Mitigation Plan or Brown's Creek Watershed District. (E) The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the development. (F) Compliance with conditions of approval of the Washington County Department of Transportation with regard to County Road 5 as set forth by Joseph Lux, Transportation Planner, dated July 8, 2002. (G) Payment of any fees or charges normally due at the time of issuance of any building permits. (H) Payment of any assessments, hook-up charges or trunk area charges attributable to the property due before the issuance of a building permit. 6.05 Dama!!e to Citv or Countv Facilities. The Developer will be responsible for any . damage caused to any City or County facilities or improvements including. roads, storm water systems, sewer and water facilitie~ whether done by the Developer, its contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. 6.06 Landscaoing;. The Developer agrees to install street landscaping on the right-of-way and landscaping within the Development, according to the Plans. All landscaping must be hardy, non-invasive species appropriate for Minnesota. All landscaping materials must be maintained and replaced if they ,die within the standard warranty period. 6.07 Storm Water Mana!!ement.. In view of the storm pond on the south end of the project site being integral to the site and not readily accessible for City maintenance, the primary obligation for maintenance must be borne by the Developer. Further, if the Developer fails to maintain the storm pond after 10 days written notice is given by the City Engineer that maintenance is required and no action is taken by the Developer, the City may undertake the maintenance or repairs and thereafter spread the proportionate costs of the maintenance or repairs on a special assessment against the Property. In general, proportionate costs means the ration that the square footage of the Property bears to the total square footage of area that contributes storm water to the storm pond. For this purpose, the Developer waives any and all procedural and substantive objections to the special assessments levied pursuant to this Section, provided that the assessments do not exceed the reasonable costs incurred by the City. The Developer specifically waives any . 5 . . . appeal rights otherwise available pursuant to Minn. Stat ~429.08. This provision is a covenant that shall run with and bind the land. SECTION 7. INSURANCE. 7.01 Insurance. Developer and its contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premmms on: (A) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than. $1,000,000 for each occurrence (to accomplish the above~required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (B) Comprehensive general public liability insurance, .including personal injury liability for injuries to persons and/or property, including any injuries 'resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. (C) Workers' Compensation insurance covering all employees in. amounts not less than the minimum required by statute. SECTION 8. INDEMNIFICATION. 8.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all clainis, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, its employees and agents, in connection with the Public Improvements. The Developer however, offers no indemnity to the City for work done off site by SCDG on adjacent property. 8.02 Enforcement bv Citv:Dama2es. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 6 SECTION 9. EVENTS OF DEFAULT. 9.01 Events of Default Defined. The following will be "Events of Default" under this . Agreement and the term "Event of Default" will means, 'whenever it is used in this Agreement, anyone or more of the following events: (A) Failure by Developer to commence and complete construction of the Developer Improvements pursuant to the.. terms, conditions and limitations.. of this Agreement (B) Failure by Developer to observe Or perform any covenant; condition, obligation or. agreement on its part to be observed or performed under this Agreement. (e) In each event, Developer will be afforded ten (10) days after receipt of written notice to cure the violation .and avoid a default. ....' (D) Any cure period as set forth in this Agreement will be extended to include that . period of time when Developer is making a Bona Fide effort to cure. 9.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable cure periods, the City may take anyone or more of the following actions: (A) Suspend work on the project and building permits or certificates of occupancy on private development until it receives evidence, deemed adequate by the City, that the Developer has cured a default. . (B) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or under the Securitydescrib~d in ~5.03. (C) Undertake to complete the Developer Improvements itself, through its agents or. through independent contractors and before the undertaking, draw upon the Security described in ~5.0Jf6r the full amount of the estimated work. SECTION 10. ADMINISTRATIVE PROVISIONS,. 10.01 Notices. All Notices, certificates or other communications reqUired to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Larry D. Hansen, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 -- 7 . . . If to Developer: David M. Jennings Jennings State Bank 1715 Tower Drive Stillwater, MN 55082 The City and the Developer, by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 11. ADDITIONAL PROVISIONS. 11.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or ink.p.eting any of its provisions. 11.02 Counternarts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 11.03 Modification. If Developer is requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 11.04 Law Governin2;. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 11.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 12. TERMINATION OF AGREEMENT. 12.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER By: (SEAL) Jay L. Kimble, Its Mayor and Diane F. Ward, Its City Clerk 8 DEVELOPER: SPRING GROVE INVESTMENTS, INC., a Minnesota corporation By: David M. Jennings Its: Vice President 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 F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILL WATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of ,2004, before me, a Notary Public within and for said County, appeared David M. Jennings, to me personally known, who, being duly sworn, was the Vice President and duly authorized agent for SPRING GROVE INVESTMENTS, INC., a Minnesota corporation, the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 9 . . . . . . EXHIBIT A DEVELOPER IMPROVEMENTS AND ESTIMATE OF COSTS. ITEM DESCRIPTION PRICE Site Grading and Storm Pond Storm Pond Retaining Wall Curb and gutter Trail $ $ $ $ $ GRAND TOTAL EXHIBIT B . . . . . . EASEMENT THIS INDENTURE, made this day of , 2004, between SPRING GROVE INVESTMENTS, INC., a Minnesota corporation, Grantor, and the CITY OF STILL WATER, Grantee, a municipal corporation in the County of Washington, State of Minnesota; WITNESSETH: That the Grantor grants to the City of Stillwater, its agents, employees and contractors, with necessary equipment, and easement to construct, reconstruct and maintain a perpetual public trail easement in, over and across the real property described .on Exhibit A attached hereto. IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand on the day and. year first above written. GRANTORS SPRING GROVE INVESTMENTS, INC, a Minnesota corporation By: DavidM.. Jennings Its: Vice President EXHIBIT C STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss. ) The foregoing instrument was acknowledged before me this day of 2004, by David M. Jennings, the Vice President, of Spring Grove Investments, Inc., a Minnesota corporation, GRANTOR. THIS INSTRUMENT DRAFTED BY: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax Notary Public C....2 . . . . EXHIBIT A LEGAL DESCRIPTION An easement for trail purposes over the Southeastern 10 feet of Lot 15, Block 1, Parkwood Villas, Washington County, Minnesota. . . C-3 # ~ . L..;--, . Ct.".',.".......".. RESOLUTION NO. 2003-15 .~ APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT PARKWOOD LANE WHEREAS, a request has been submitted by Tim Nolde for a 15-lot subdivision, 14 attached single-family residential lots and one commercially zoned lot WHEREAS, The comprehensive plan amendment, zoning amendment and planned unit development concept approval for the project site was reviewed by the planning commission on July 8, 2002 and approved by the City Council on August 20,2002. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater approves the subdivision, Case No. SUB/02-63 subject to the following conditions of approval: .w to. . 1, A comprehensive trail plan and its improvement shall be constructed in lieu of park dedication as part of the utility improvements and completed before certificate of occupancy is issued (See attached map for location of sidewalksltrail). 2, All comments from the City Engineer shall be incorporated in the final plans before the plat is recorded, 3. An access permit from Washington County shall be obtained before final subdivision approval. The drainage/grading plans shall be approved by Brown's Creek Watershed District. Adopted by the City Council of Stillwater this 7th day of January, 2003. -~- ~~ -Y~' Kirmsle, Mayor ATTEST: Ab~~~ Diane F, Ward, City Clerk JI' . .. . . . N A 1" = 200' ~~SCWER .. .. STO~tEWER WATER MAIN ~ fl.' FORCED MAIN SANITARY sERVIce WATER SERVIce o MANHOLE · CATCHSASlN · WATER WJ..VE . HYCRANT ~ F\..AIRfD END .P UFT STAnON c S . DATE 11/09/00 PAGE Be --- ., .~ 1 , l di .(! lf1 ~;~ .~ , . . . CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-09 April 20, 2004 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble None Others Present: City Administrator Hansen Public Works Director Eckles Community Development Director Russell City Clerk Ward Other Present: Joe Lux, Washington County Jeff Bednar, SRF Consulting APPROVAL OF MINUTES - Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the April 6, 2004 regular meeting minutes. All in favor. OPEN FORUM There were no public comments STAFF REPORTS Public Works Director Eckles provided an update on the Sewer Interceptor project. He stated that the project started this week and should be completed in 4-5 weeks. City Administrator Hansen spoke on behalf of Assistant Chief Glaser and provided an update on the restroom remodel. He stated that the remodeling should start on May 3, 2004 and be completed by June 3. Mr. Hansen stated that under the Consent Agenda there is a request for new lighting for the apparatus bay at a cost of $12,450.00. He stated that it is anticipated that this new lighting will have an annual savings of $8,874 = 1.3 years payback. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the Consent Agenda. , City Council Meeting - 04-09 April 20, 2004 ~ Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None . Resolution 2004-83, directing payment of bills Resolution 2004-84, accepting quotes and awarding contract for the lighting bid for the Fire Dept. apparatus bay. Possible approval of temporary banner for Stillwater Mills on Main Resolution 2004-85, approving Minnesota premises permit for gambling for Stillwater Elks #179, located at Mad Capper, 224 South Main Street, Stillwater, MN Resolution 2004-86, approving Minnesota premises permit for gambling for Stillwater Elks #179, located at Loggers, 231 East Myrtle Street, Stillwater, MN Approval of transfer of special assessment balances for 713 N. 4th Street Approval of gambling permit - Community of Recovering People - Oak Glen County Club - July 12, 2004 Possible approval for temporary liquor license to dispense 3.2 percent malt liquor - St. Mary's Catholic Church - Wild Rice Festival - September 12, 2004 Resolution 2004-87, approving the agreement between the City of Stillwater and Local No. 49, International Union of Operating Engineers, AFL-CIO for January 1, 2004 - December 31,2006 PUBLIC HEARINGS This is the dav and time for the oubliQ h~arina to consider Boutwell area Transoortation Studv recommendations. The Boutwell Area includes the citv exoansion area bounded bv TH 96.. . Mannina Avenue. TH 36 and CR 5. The study oresents recommendations for Neal Avenue extension. Boutwell Avenue. Deeroath and Brick Street imorovements. Mr. Jeff Bednar, SRF Consulting, provided a presentation outlining the short term and long-term recommendations for the Boutwell Area. He stated the short term recommendations were 1) Encourage the development teams to orient planned streets and access points to encourage new development generated traffic to use Manning Avenue. 2) Encourage the development teams to connect Neal Avenue at the existing intersection of County Road 12 and Northland Avenue and at Boutwell Road. 3) The agencies should work together to manage access to Manning Avenue between Highway 36 and Highway 96 and actively support improvements that provide a high level of mobility on this important arterial facility. 4) The City should actively work with Stillwater Township to plan for and implement a north frontage road connection along Highway 36 between Manning Avenue and Stillwater Boulevard. The frontage road should be implemented as soon as possible and be designed to a minimum of 35 MPH. 5) The City should consider closing Deer Path at County Road 12/Myrtle Street to eliminate excessive "through" traffic on a narrower local neighborhood street with many driveway access points, short setbacks and no sidewalk, 6) The City should consider designation of Brick Street as a collector street with a long-range goal of reconstruction to shift the roadway to the west within the existing right-of-way plus add sidewalk, boulevard landscaping and screening, protected parking bays and driveway turn-a- rounds, This provides for increased safety and places higher volumes on a wider less . Page 2 of 17 -' City Council Meeting - 04-09 April 20, 2004 . developed street. 7) The City should consider designation of Brick Street as part of their Municipal State Aid System to enhance the funding options available to implement the improvements to Brick Street. 8) If traffic is shifted to Brick Street the County should install All-Way Stop Sign Control at the Brick Street intersections with Myrtle Street and Olive Street. 9) The City should monitor traffic conditions on Maryknoll Drive/Oak Ridge Road, Northland Avenue/Croixwood Boulevard, Neal Avenue, Boutwell Road and consider traffic calming measures should the volume and speed of traffic on these roadways become a concern. Mr. Bednar reviewed the long term recommendation which consisted of 1) Once the Neal Avenue connection between Boutwell Road and County Road 12 is implemented the County should consider restricting the intersection of County Road 12 and Boutwell Road to a Right-In/Right-Out Only intersection. This recommendation is made to improve safety due to poor sight distance and intersection geometrics issues at this existing intersection. 2) The County should consider installation of Traffic Signal Control at the Brick Street intersections with Myrtle Street and Olive Street when conditions justify this traffic control. 3) Mn/DOT and the County could consider future reconstruction of the intersection areas of TH 96 at County Roads 15 and County Roads 5/55 to provide Modern Roundabout intersections. 4) The County should consider a follow-on traffic study to consider future traffic signal control and evaluate the need for geometric and/or lane ruse improvements at the intersection of Myrtle Street and Owens Street. 5) The County and City should work together to improve West Olive Street (add off-street sidewalk/trail and other possible roadway improvements) from southwest of Deer Path to Brick Street. . Public Works Director Eckles stated for the benefit of residents that may not know about this issue, the City has been looking at the Deerpath issue since 1994 and an experiment was done on Deerpath about a year ago with a right out to alleviate some of the traffic. He also stated that looking into the future if the City does nothing and the City wouldn't grow anymore there will be background growth in the townships and that growth has an impact on Stillwater because of the commercial activity in Stillwater. He stated that there could be 20-30% increase in traffic in 10-11 years, even if the City decided not to do anything. . Community Development Director Russell presented photos and information on the traffic area and the Planning Commissions recommendation which included 1) Orient new Phase III expansion area development access to Manning Avenue by providing major project access from TH 96 rather than Neal Avenue 2) Connect Neal Avenue from Boutwell Road to the existing County Road 12 at Northland Avenue. 3) Construct sidewalks along Neal Avenue from TH 96 to County Road 12. 4) Manage access to Manning Avenue between Highway 36 and Highway 96 and actively support improvements that provide a high level of mobility on this important arterial facility. 5) Work with Stillwater Township and the Bergmann Family to plan for and implement a north frontage road connection along Highway 36 between Manning Avenue and Stillwater Boulevard. The frontage road should be implemented as soon as possible and be designed to a minimum of 35 MPH. 6) Deerpath should be designated a collector and improved with sidewalks and possible traffic calming measures with street traffic Page 3 of 17 City Council Meeting - 04-09 April 20, 2004 ~ enforcement. 7) Sidewalks should be constructed along one side of Brick Street from CR 12 to Pine Street. 8) Encourage Washington County to improve site distance and .. design of CR 5 west of Deerpath and construct sidewalk connection on west side of C~ 5 from Deerpath to Fairmeadows. 9) Deerpath should be designated as part of the Municipal State Aid System to enhance the funding options available to implement improvements to Deerpath. 10) Monitor traffic conditions on Maryknoll Drive/Oak Ridge Road, Northland Avenue/Croixwood Boulevard, Neal Avenue, Boutwell Road, Deerpath and Brick Street and consider traffic calming measures should the volume and speed of traffic on these roadways become a concern. Mayor Kimble opened the public hearing. Mr. Robert Gag, Planning Commission Chair, stated that the Planning Commission spent approximately 8 months reviewing this traffic study; the commission received great input from affected residents. He stated that a couple of the Planning Commission's recommendations were different than SRF's and he explained it was easy to find that every neighborhood will or do face increased traffic and did not recommend the closing of Deerpath because traffic would dramatically increase on Northland and Brick and they also had difficulty coming up with labeling streets collector streets because at different levels of government collector streets have different definitions. He also stated that the commission struggled to come to a consensus, but came up with a philosophy to give motorists as many north/south roadway options as possible which would allow the dispersing of traffic to many areas rather than just one area. He stated that Deerpath is currently an unsafe roadway and it would be importae to upgrade this road by widening it and providing sidewalks, however did not feel the residents should pay for the upgrade and therefore recommended that Deerpath be designated as a Municipal State Aid Street, to work with the township relating to the Bergmann property, to connect the north frontage road to County Road 15 and Stillwater Boulevard and to encourage motorists to use Manning Avenue. The commission knows that their recommendation did not make everyone happy, but felt it was a fair and well thought out recommendation. He also felt that traffic calming methods and patrolling the motorists were very important. Council member Milbrandt thanked the Planning Commission for their hard work on this issue. Ms. Gail Pundsack, 140 Northland Avenue, representing the Northland Neighborhood, requested the City Council re-evaluate some of the recommendations made by the SRF Consulting Group, Inc, because she believed the study to be incomplete, inconsistent and contrary to the City of Stillwater Comprehensive Plan (1995 - 2020), She stated that the study shows the impact and makes recommendations on two of the neighborhoods in the study area and does not adequately address the issues of the other neighborhoods who have equally compelling issues regarding some of the recommendations. She stated that they have been closely involved with this process from the time we were aware of it in October and have attended the open and closed meetings of the Planning Commission, have held our own neighborhood workshop to . Page 4 of 17 , City Council Meeting - 04-09 April 20, 2004 . try to come up with fair and reasonable solutions to the issue of north/south traffic on the west side of Stillwater, and have informed our neighbors so that they were aware of the affect some of these recommendations would have on the traffic flow through our neighborhood. . Ms. Pundsack stated that in the process of examining and re-examining this quandary, they have worked hard to be fair and open. She stated that she did not have any interest in putting one neighborhood against another, but some items became more evident the longer they studied them. She provided documentation supporting the position. She stated when the Deerpath development came to the city for approval, Deerpath road was identified as a collector street providing the much needed north/south connecting road between CR 12 and CR 5 and if you took a bird's eye view of the area, or just looked at a map, Deerpath is a logical connection between CR 5 and CR 12 and a logical connector street and that the Boutwell Area Study identified that. For traffic traveling from Neal Ave and Boutwell intersection to the Target/Cub Marketplace area, Deerpath is the shortest distance in time and miles, which is reinforced by the public's use of Deerpath as a collector street and the traffic volumes resulting from their choices. She also stated that the only logical reason that the city has not bitten the bullet and called Deerpath the collector street, as it was originally presented to the city and as it is functioning, is that the neighborhood residents have objected so strongly. She explained that the current residents purchased the majority of these homes when this street was already being used as the connecting street between CR 5 and CR 12 and that some of the residents bought their homes directly from the developer, who identified it as a collector street in his initial proposals. She stated that even though they were aware of the issue when they purchased their homes, the neighborhood continued to lobby the city to create some way to have the traffic through their neighborhood reduced. The direction the Boutwell Area Transportation Study has taken is in direct response to those complaints. (This was a tactic used several year's back when people built their homes next to the Mpls/St. Paul airport runways. They then spent several years objecting to aircraft noise.) Is this situation any different? Ms. Pundsack stated that Stillwater is an old town with very few direct routes through it -- either North/South or East/West. She asked if the City can afford to make decisions on traffic patterns based of whoever complains first or the most often regardless of the cost or the benefit to the city and the rest of the residents? She asked what is to stop the residents from other residential neighborhoods that would rather not have the traffic that is currently on their street. . Ms. Pundsack stated in regard to the Boutwell Road that Boutwell Road was the original CR 12 and has unique properties that are not totally residential, which currently diverts Neal Avenue traffic either west to CR 15 or South to the business areas. Neal Avenue, as well as several smaller roads, accesses this road. In addition, very few homes have driveways entering directly onto Boutwell. It is operating as a collector road. She stated that Washington County is currently planning to widen Manning Avenue to four lanes up to a '/2 mile north of CR 12 (which should be right at Boutwell Road). This could improve access for the City works Page 5 of 17 City Council Meeting - 04-09 April 20, 2004 . building and other Boutwell Road traffic onto Manning Avenue and the recent attention to this area and the residents participation in re-evaluating this study has . made the city more aware of the need for to study and make improvements along Boutwell Road including wider shoulders and walking/bike paths to increase safety. She suggested that these improvements could be implemented to benefit both the current residents and north/south traffic patterns if Boutwell Road were retained as a part of the north/south corridor. She stated that SRF has identified the intersection of Boutwell Road and CR 12 as potentially dangerous due to limited sight lines caused by the hill cresting at Maryknoll and the several roads accessing CR 12 at the base of the hill. Washington County has expressed a desire to have traffic signals only at intersections of two or more roads and the most logical place for traffic signals along CR 12 would be at the most dangerous intersection. She suggested the installation of a 5-point set of traffic lights at the intersection of Eagle Ridge Trail, Interlachen Way, CR 12 and Boutwell Road. This will provide for easier and safer access from Boutwell Road and Eagle Ridge Trail onto CR 12, which would also provide for delay spacing to facilitate access to and from Deerpath and slow traffic on the also dangerous Maryknoll Drive entrance to CR 12. She also questioned the validity of the traffic volume number. She stated that none of the Croixwood residents received a survey on the impact to their neighborhood and this area should have been studied as well because the extension of Neal would directly impact that neighborhood, a right out option off of Boutwell would direct motorists not to County Road 15, but through Croixwood. She also stated that the Comprehensive Plan stated that Neal should not go through, but to continue with north/south direction of Boutwell which Boutwell is close to an arterial street and that the plan also states to . study Deerpath, but not to adversely affect other neighborhoods. Councilmember Kriesel asked why the logic applied to Deerpath would not be applied to Northland relating to the statement that traffic has been on Deerpath for the last 20 years. He stated that he has received from SRF a traffic count on the Northland area. Ms. Pundsack stated that Deerpath is currently being used as a collector street, because at this time it is the shortest route but if Neal is extended Northland will be the shortest route. Dan Zenk, 261 Deerpath, stated that he has been a resident on Deerpath for 15 years and approximately 30% of the residents on Deerpath are long-term residents. He felt that the suggestions Ms. Pundsack stated is a 180-degree difference from the consultants report. He stated that he has been almost hit when he stops to get his mail because of the narrow road and the garbage cans get hit as well. He stated that he has tried to work with the City to resolve this issue and that the study is City funded and the recommendations of an expert in traffic study should be implemented. He also stated that Deerpath should not be a collector street. Kris Linner, 212 Deerpath, presented a map of homes and the ones that are colored have children in their homes. She stated Brick Street is wider and should be . Page 6 of 17 , City Council Meeting - 04-09 April 20, 2004 . considered as the collector street and asked that Council be concerned about the 20 children living on Deerpath. She is not in favor of making Deerpath a collector street or the extension of Neal Avenue because she does not want to see that many cars going through any neighborhood, she fears for safety. Michael Erickson, 212 Deerpath, he asked Council to not make Deerpath a collector street and that the Planning Commission's recommendation is not a safe idea. He stated it is implicitly been felt that the Deerpath problem is our problem and the other streets don't want it, even with the experimental right out, Brick Street residents were against it. He asked that Council not do this to them and make improvements to Deerpath as a collector to handle more traffic and make it possible for motorists to travel faster through the neighborhood. Mike Lyner, 1031 W. Abbott and formerly a Deerpath resident, stated that Deerpath and Olive street is a very dangerous corner and when a right turn onto Olive is done in the winter it is very hard to get traction to go up the hill. He stated that what ever is done to this area, this intersection will still be dangerous, He stated that Brick Street is straight and there are no sight issues and he didn't understand why the Planning Commission would make a recommendation different than the expert. . Barbara Casey, 2364 VanTassel Drive, expressed her opposition to expanding Neal Avenue because the existing Neal is a neighborhood road. She stated that there are a lot of children in this area and the residents were not notified of this plan. She was glad to hear that sidewalks are proposed for this area. She questioned why the extension of Neal would be done because it would only initiate more traffic through the neighborhoods rather than out to Manning Avenue and felt there would be no benefit to putting Neal through. Brett Radel, 2581 Bayberry, stated that he is also against the option of continuing Neal Avenue for the same reasons and putting more traffic on the neighborhoods. Mayor Kimble recessed the meeting at 8:15 p.m. . Mayor Kimble reconvened the meeting at 8:27 p.m. Robert Lommer, 12960 75th Street N., Stillwater Township, stated that he and his neighbor are not planning to develop their property so if Neal is extended the City would have to acquire property through eminent domain. He stated that he felt the City bends over backwards for a couple developers at the expense of people who currently live in the City. He stated that until improvements are made to County Road 15. it is impossible to make a left hand turn on County Road 15 and even then if they can't get on County Road 15 they will find a different route. He stated that before Orin Thompsen or the Palmer property is allowed to develop that the issue of this traffic should be resolved. He stated that if Neal goes through people will take the path of least resistance and will go through Northland and Croixwood and the only plan here will make the situation worse, not better. Page 7 of 17 City Council Meeting - 04-09 April 20, 2004 , Kristi Muetzel, 170 Northland, stated she is not in favor of Neal Avenue going . through. She stated that she hasn't seen a traffic plan on where the motorists will go if the SRF's recommendation on closing Oeerpath and most likely those motorists would go through Croixwood. She also stated that even though she is not in favor of the Neal extension, she commended the work of the Planning Commission even though it did not make everyone happy, but distributed traffic to all areas rather than just one area. John Deleon, 206 Deerpath, felt that the dispursement of the traffic is still going to impact Deerpath because going through Croixwood is not the easiest and quickest way. He stated that the commission calls Deerpath a collector street but says the extension of Neal would not be a collector street and felt that is setting precedence. He felt that widening Deerpath would not make it safer for the pedestrians. He stated that he talked to Washington County and if Deerpath was improved the intersection of Deerpath and Olive would have to be improved to make it a safe intersection. Lennia Natwick, 278 Deepath, is opposed to Deerpath being a collector street and keep safety in mind regarding the children in the area. Fred Bruns, 8790 Neal Avenue, stated that since Neal Avenue was opened at its interection at McKusick there has been increased traffic and speeders in the area. He stated that there have been three serious accidents because it is a gravel road and if it is blacktopped people will go faster. He is opposed to extending Neal . Avenue any futher than what it is. Ruth Bruns, 8790 Neal Avenue, expressed concern of the traffic coming from Manning with the blind hill on Neal Avenue. Robert Peltier, 2504 Bayberry, stated that extending Neal is during the Deerpath problem into all of Croixwood's problem and felt that Maryknoll will have as much problem as Northland. He stated that Maryknoll and County Road 12 will become a very serious problem. He stated get the traffic out to County Road 15 where it belongs. Brian Luke, 195 Northland Avenue, has seen the neighborhood mature and felt that it will turn into a thoughfare rather than stay a neighborhood. He does not agree that the problem should be shoved somewhere else. He agreed with Mr. Lommer that something needs to be done relating to traffic first rather than the developers first then the traffic. John Pack, 113 Brick Street, felt he is in the same boat as everyone else. He strongly encouraged the Council to go with the Planning Commission recommendation and their philosophy providing the motorists with various north/south routes is the most appropriate, fair, and reasonable for all parties concerned. He stated everyone's traffic volumes will go up and is concerned by closing Deerpath how many more requests to . Page 8 of 17 ~ City Council Meeting - 04-09 April 20, 2004 . close a road will the City get. He felt that the Planning Commission worked very hard and looked at all the options before making this recommendation. Lee Natwich, 278 Deerpath, is opposed to making Deerpath a collector street. He stated that the consultant made the safest, unbiased recommendation on what should be done and felt the Planning Commission's recommendation was to not do anything and leave it like it is. He stated that in the winter it is very hard to get traction onto Olive and the intersection is very dangerous taking a left onto Deerpath from Olive. He felt there was not a good way to make this safe as a collector street and requested Council go with the SRF recommendation. Gary Jacobson, 198 Northland Avenue, asked what is the designation of a collector street and stated that the Liberty development has increased traffic in the Croixwood area. He felt that the same situation will happen with development to the north if this is not planned for. He stated that he has sympathy for the Deerpath and Brick Street residents, however who would be impacted the most should also be considered and hoped that the Council needs to make a decision without taking more time to see if there is a better idea. . Nancy Peltier, 2504 Bayberry, hoped that Council is listening that the Neal extension will not work for the residents of Stillwater, not Deerpath, not Brick, and not Croixwood, She felt that the residents were more important than the developer and that traffic from developments should be directed to County Road 15 and that Croixwood was developed so as to not become collector streets. Kitty Johnson, 190 Northland, stated that SRF's study was only the Deerpath area, if the Northland Avenue/Neal Avenue was studied as completely as the Deerpath area she thought there would be different answers for this area and it wasn't until later in their study it was mentioned that Neal Avenue should be continued through and didn't know that the Neal Avenue extension was part of the Deerpath study. She asked Council to come up with a good suggestion. Betsy Taplin, 141 Deerpath, stated that she just moved into the area and thought it would be a quiet neighborhood, but has found it to be a high traffic area. She implored the council to go with the consultant's recommendation and make Brick Street the collector street because it is shorter, wider, and less impact. Becky Radel, 2719 Croixwood Boulevard, stated if 3000 cars a daycoming through Croixwood she would have a hard time getting out of her driveway. She felt that Neal Avenuie should not be extended and the new developments should use County Road 15 and come to Target and Cub that way. Bill Rhodes, 150 Northland, stated that there are already problems, do not add to the problems by extending Neal Avenue. He felt that the development should be limited until traffic issuses are addressed. . Page 9 of 17 City Council Meeting - 04-09 April 20, 2004 Dave Erickson, 12744 Boutwell Road, he stated that it will take years to finish this plan and in months the traffic will be out of hand. He agreed with others that the . developments should be slowed down. He felt that map is trying to get people out of the city to get into the city and that it won't work, and that the development should have to exits on County Road 15 instead of exits on Boutwell. He stated that his solution would be to block the bridge which would mean that the cars would have to go out to County Road 15 and use it as it a walking path. He stated that he doesn't see anything being done to slow traffic on Boutwell and is afraid someone is going to get hurt. He requested slower speed on Boutwell Road because it is not safe. He stated that this speed issue was started a year ago and it is still being talked about. Tubby Lomer, 12960 75th Street N, asked why the Palmer property development would exit to Neal Avenue, why not keep it going north and make the traffic go to County Road 15, she feels she is losing faith in the system. . Tom Garley, 13295 Boutwell Road, agreed with Mr. Erickson's comment regarding blocking the bridge and also there are still city vehicles coming down Boutwell when they are suppose to be going to County Road 15 to County Road 12. He felt that the right in/right out on Boutwell will not work because he won't go to County Road 15 to get to Cub, he would go to Northland through Croixwood, but people will go the path of least resistance. He felt that the speed limit in this area should not be 50 mph. Noland Heiden, 2618 Hawthorne, stated that it is not sound planning to put in jeopardy well designed areas, but it aiso shouldn't be done to satisfy developments that are beire built around Croixwood. He said everyone has traffic troubles and the northern development will also have trouble if things keep going as it is. He stated that connecting Neal would be in contradiction of the consultant's recommendation to direct traffic to County Road 15, and people will use Neal instead and filter through Croixwood. He stated there has not been good sound planning relating to traffic in developments in conjunction with an older city. He felt that all development north of County Road 12 should be diverted to Manning as much as possible. He felt the study is a band aid and should have better planning and subdivision control. Glenn Thompson, 1919 Oak Street W, stated that the problem started in 1992 when the annexation of 1500 acres of Stillwater Township and built 1200 houses. He doesn't see does not see any benefit for building all these homes from increased traffic to overcrowding in the schools etc. and the City should look carefully at a 20-year Comprehensive Plan that will be completed in 10-12 years. He stated that the amount of traffic in Stillwater is terrible, He felt the only ones benefiting are the developers, Gerald Johnson, 302 Edgewood Avenue, stated there is no right answer. He stated that this is Councilmember Milbrandt's Ward and the residents are speaking and should listen to his constituents. Nancy Robertson, 120 Northland Avenue, opposes the Neal Avenue extention and that the attitude of people driving through Croixwood has changed because people in front. Page 10 of 17 " City Council Meeting - 04-09 April 20, 2004 . of her are driving faster and behind her are getting mad at the speed she drives, they are not stopping at the stop sign at Hawthorne and Northland or the Northland and Croixwood stop sign. She stated that there have been accidents in this area. She felt that each house is affected by each car. Steve Fisher, representing Bergamann Homes, stated that on behalf of Bergmann Homes he urged Council to carefully consider the Planning Commission and consultant's recommendation and make a decision. Noland Heiden, 2618 Hawthorne, asked if the Bergamann Homes development would affect Neal Avenue because he does not feel that Neal should be extended. John Deleon, 206 Deerpath, stated that when Deerpath had restricted turns it was evenly split between Deerpath and Brick. He also stated that Croixwood is not an easy way to go and that 90% of the traffic from the north and west are going to the west to work. Not all of the traffic counts are people going to Cub. Gail Pundsteth, stated that the consultant's study of Deerpath was done well, however the study did not address the Neal Avenue extension impacts and that the closure of Deerpath would not mean that people would use Brick when they come from the north and west, they would be using Northland and going through Croixwood. Therefore, they had to do their own study. . Nancy Peltier, 2504 Bayberry, stated that nobody here wants the Neal Avenue extension and if Council makes the decision to put Neal Avenue through she feels that Council is not listening and that peoples time at this hearing as been wasted. She again requested that Council not extend Neal Avenue. Mayor Kimble stated that Council has been listening and we take notes, that is the purpose of the public hearing. Dave Erickson, 12744 Boutwell Road N, agreed with Ms. Peltier. He also asked what is wrong with doing his suggestion of blocking Boutwell Road because it would force people to go out to County Road 15. Mayor Kimble stated closing Boutwell Road would be extremely difficult because it is a designated collector street and it used to be the old County Road 12. . Gary Jacobson, 198 Northland, stated that if Boutwell Road was closed the traffic would be forced to go through the Croixwood area via Northland Drive. Mr. Richard Schultz, 13055 Boutwell Road N, asked how could the City block 62nd Street. He stated that the City vehicles are still going down Boutwell which they should be going out to County Road 15. He also stated that the Neal/Boutwell intersection is not a good intersection. He hopes that Council is listening to the residents on Neal Avenue and if 62nd can be blocked off so can Boutwell. Page 11 of 17 City Council Meeting - 04-09 " April 20, 2004 Mayor Kimble explained that 62nd has a different designation than Boutwell Road. . Michael Erickson, 212 Deerpath, thanked the Planning Commission and the City Council for listening, did not think this process was a waste of time and was sorry to hear the Sinicism interjected that Councilor Planning wasn't listening. He thanked the Council and asked for their consideration. Robert Peltier, 2504 Bayberry, asked why 62nd Street was closed and if the road running along the funeral home is 62nd now. He felt the new road should be completed as soon as possible. Mayor Kimble stated it was a long story and would be willing to tell him 'he story at a later time. He stated that the new road along the funeral home replaces what 62nd used to do and it is a State Aid Road. Mayor Kimble stated that there was a question regarding the speed on County Road 12 and he explained that the City has tried to get that speed limit reduced for a long time, He asked Public Works Director Eckles to explain the definition of collector street. Public Works Director Eckles stated that each level of government's definition of collector street is different. The City's definition is a street that serves two purposes, driveway access and mobility. A local street is strictly for access, a collector street is for driveway access and mobility to get from one point to another and an aerial street is not . for access but strictly for mobility. The City designates a street a collector and most of the time designates the street as a Municipal State Aid street. Mr. Eckles also explained that the speed on all roads are set by the State and they are the only authority that can change the speed limits. He stated that the City has requested that the State look at reducing the speed limit on Boutwell but the City has no say in the decision. He stated that the final report on that study should be available in the next four weeks. He explained the Mn/DOT process. John DeLeon, 206 Deerpath, asked to explain a municipal state aid street. Mr. Eckles explained that State Aid Streets have to meet certain standards in order for the City to receive State Aid money for any improvements. Michael Lyner, 1031 Abbott Street W, felt that Brick is already wider and only needs parking on one side so why not designate Brick instead of Deerpath. Mr. Eckles stated that the designation of any street is not part of the decision process on this issue, it has not yet been determined if Deerpath should be an MSA street. He felt that the Planning Commission recommendation of designating Deerpath as a MSA street was to help with the funding for the improvements they recommended. . Page 12 of 17 City Council Meeting - 04-09 April 20, 2004 . Mr. David Erickson, 12744 Boutwell Road, asked for placement of Slow Children Playing signs. Public Works Director Eckles stated that Mn/DOT will be looking at the signage on Boutwell and the City does not put up the signs. Mayor Kimble explalined that their have been studies that if you put up a sign Children Playing the children get a false sense of security and the 15% of non-careful drivers ignore the signs and more children get hurt, even though he doesn't agree with that rational. Mayor Kimble closed the public hearing. Mayor Kimble recessed the meeting at 9:58 p.m. Mayor Kimble reconvened the meeting at 10:14 p.m. . Councilmember Rheinberger stated that recommendations by the consultant and Planning Commission are completely unacceptable because Deerpath fails for safety, site distance, road width, curves, small driveways and small front yards, slopes,traction problems in the winter, housing density and their close proximity, and houses with many children, the expense to upgrade, Deerpath would have to be improved to four lanes, radical change in the neighborhood would occur, conversion of home ownership and probly become rental unit, the value of the homes would not keep up with the valuation of other areas of the City. He felt that the closing Deerpath would cause more safety problems because of a false sense of security and would be better to keep this street open. He also stated that County Road 12 should remain as a limited access highway channeling traffic to County Road 15 and downtown at a higher speed and that signs saying "resident only" or "not a through street" at Deerpath, Maryknoll and Northland at both ends and felt this did not work place stop signs on these streets for a short period of time to alter motorist behavior, He stated that Neal Avenue should be extended to County Road 12, but not connected to Northland Drive. He stated that Boutwell Road entrances should stay as is and maintain its rural character for some time for safety. He also stated that a service road from Manning to Highway 5 should be completed and 62nd Street should be opened until a new road is completed. He felt the restrictions placed on County Road 12 will ultimately force commercial development in Grant, which would give residents in that area relief. He stated that Brick Street should become the collector street because it is the simpliest, quickest, safest, and most efficient method of travel and upgrade Brick in the future and paint Olive Street for left hand turns, and Brick has good site distances and felt that making Brick better would alleviate the problem at Myrtle and Owens. He stated that developments to the north and west has to be directed to County Road 15. . Council member Junker thanked the people on behalf of the Planning Commission for speaking at this hearing. He stated he has done his own studies over the last six months. He stated this is a tough issue. He is in favor of getting a handle on this Page 13 of 17 " City Council Meeting - 04-09 \0 April 20, 2004 before more development continues, however there are vehicles coming from Mahtomedi and Grant to use the City recreation center, it is more than just the . developments that are making the traffic. He stated that the Planning Commission did not want to restrict streets, but creating alternatives. He stated that the Planning Commission did listen to the consultant's recommendation but the commission tweaked the recommendation. He felt there should be more study on the Neal Avenue extension. He stated that people coming off of the Stillwater bridge are using County Road 12 to get back to Highway 36 and if the new bridge was in place it would alleviate a lot of traffic. Councilmember Milbrandt stated that when Croixwood was developed he thought that the same concerns tonight were brought up by North and South Hill. He stated there is no good answers and has safety concerns about Deerpath intersection at Olive and feels that going back to the right-out would alleviate some of the traffic on Deerpath. He believed that the site lines on Brick at Mrytle and Olive is the proper place to funnel the traffic. He stated that he concurs with the connection of Neal, however his concern is how would it impact Northland, and maybe we would have to work with the County to move Neal slightly, but he feels that Neal has to be extended for the north/south traffic but done in such a way to minimize impact the Croixwood area and the intersection of Boutwell and County Road 12 is a bad intersection and something needs to be done to make that intersection safer. Council member Kriesel commended the Planning Commission on their study of this issue. He also stated that Deerpath is not designed for the traffic that is on it now, he . favors making Deerpath right-in, right-out or alternating one-ways with Brick Street. He stated that it is premature to talk about cutting Neal Avenue through and felt that the construction of Neal could not be done without impacting Croixwood. He would like assurances from the County that when development occurs in the north that signals, etc. direct traffic to County Road 15. He asked about putting a center median between Neal and Northland to deter traffic through Croixwood. He stated that when the frontage road is done the extension of Neal should be considered at that time, he could not support it right now. Mr. Joe Lux, Washington County, stated that 80th Street, McKusick, and Boutwell inteserctions have been added to the signal ran kings but do not have any immediate plans. He stated that the cost of putting a median to accommodate that would cost approximately $1 M to place a % mile median to prevent "U" turns. Mayor Kimble stated this is a tough decision. He also explained that even though a decision is made tonight, that future Councils could change the traffic on any road in the City if it is not a County, State, or State Aid Road, so there is.no guarantee that it will always be this way. He stated that Council will have to continue to monitor the situation and if warranted may have to make some changes. Motion by Councilmember Kriesel, seconded by Council member Rheinberger to make Deerpath right out only onto Olive Street, make Brick Street the collector street and upgraded, . Page 14 of 17 .1 J City Council Meeting - 04-09 April 20, 2004 and have further study done on the intersection of Neal Avenue at County Road 12, along with . other intersections along County Road 12. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Mayor Kimble Nays: Councilmember Junker Motion by Councilmember Milbrandt, seconded by Council member Kriesel directing staff to implement the SRF Consulting Short Range Recommendations 1) Encourage the development teams to orient planned streets and access points to encourage new development generated traffic to use Manning Avenue. 3) The agencies should work together to manage access to Manning Avenue between Highway 36 and Highway 96 and actively support improvements that provide a high level of mobility on this important arterial facility. 4) The City should actively work with Stillwater Township to plan for and implement a north frontage road connection along Highway 36 between Manning Avenue and Stillwater Boulevard. The frontage road should be implemented as soon as possible and be designed to a minimum of 35 MPH. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS . Possible aooroval to advfJl1i~~ fqr ~n investioator for architectural survey Mayor Kimble reviewed the memo from Planner Fitzgerald requesting to advertise for an investigator for the architectural survey. Councilmember Rheinberger stated he was against the matching funds and advertising for an investigator because there are labor negotiations taking place that may exceed budgeted amounts, questioned the lasting quality and quantity of the overall project, felt the City has spent too much money on this and it is a compilation of meaningless facts, and felt that a different method may have greater value such as a picture collection. He felt that it was not a value to all of the residents and felt it is a flawd investment. Council member Milbrandt felt this is a well-spent tax dollar because it records the history of Stillwater. Mayor Kimble explained that the Minnesota Historical Society feels that this project has merit and feels that the project is high quality and the historical society has given accolades for the studies being one of the best studies across the state. Councilmember Kriesel stated that he would like the advertisement and contracts to read that the City has complete ownership of the survey and that they cannot be sold for a profit. . Page 15 of 17 ~- City Council Meeting - 04-09 April 20, 2004 Motion by Councilmember Milbrandt, seconded by Councilmember Junker authorizing staff to advertise for an investigator for an architectural survey and directing staff to place in the . advertisement and contracts that the City will have ownership of the architectural survey once completed. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Possible aooroval of liauor and tobacco liC!~I1~~ ownershio transfer from St. Croix Cafe' Inc. to Stillwater Restaurants Inc. Mayor Kimble reviewed the memo from City Clerk Ward regarding the ownership transfer of the liquor licenses and tobacco for the St. Croix Music Cafe to Stillwater Restaurants, Inc. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2004-88, approving transfer of ownership of on-sale and Sunday liquor license and tobacco license to Stillwater Restaurants, Inc., DBA: St. Croix Crab House. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible aooroval of 2004 Seal Coatina Proiect Public Works Director Eckles reviewed the proposed 2004 seal coating project. He stated that four other communities, Stillwater Township, Grant, Bayport and Oak Park Heights have expressed an interest to be included with the bidding of the project. He also stated that the specifications would include language that the contractor who is awarded the contract will bill each community individually. . Mr. Eckles recommended that the four communities be asked to share in the cost of the preparation of plans and specifications, advertisement, inspections, etc. at a rate of 1 % of the contract amount to help cover some of the costs of the administration and preparation for the project. Motion by Councilmember Kriesel, seconded by Councilmember Rheinbergef to adopt Resolution 2004-89, approving plans and specifications and ordering advertisement for bids for the 2004 seal coat project (Project 2004-06) and authorizing staff to charge 1 % of the contract amount to the four communities to cover administrative and inspection costs and to inform the four communities of this charge. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS . Page 16 of 17 " . . . City Council Meeting - 04-09 April 20, 2004 Council member Kriesel stated that at the time fees where discussed the issue of fireworks permits and fees were tabled. He requested that that item be revisited with the summer season approaching. Motion by Council member Kriesel, seconded by Council member Milbrandt directing staff to review the fireworks permits and fees and return to Council. All in favor. Council member Kriesel gave recognition to the Lily Lake School students for picking up the trash from the wind storm, they did it also as part of Earth Day. Mayor Kimble informed the public that the Bayport and Stillwater American Legions and Stillwater and Lake Elmo VFW will be partaking in the celebration of WWII veterans on May 29, 2004 which will have a free lunch for the veterans and a guest. He stated interested persons should contact Helen Strong - 430-3335, or 439-9502. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adjourn at 11 :05 p.m. Jay L. Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2004-83, directing payment of bills Resolution 2004-84, accepting quotes and awarding contract for the lighting bid for the Fire Dept. apparatus bay. Resolution 2004-85, approving Minnesota premises permit for gambling for Stillwater Elks #179, located at Mad Capper, 224 South Main Street, Stillwater, MN Resolution 2004-86, approving Minnesota premises permit for gambling for Stillwater Elks #179, located at Loggers, 231 East Myrtle Street, Stillwater, MN Resolution 2004-87, approving the agreement between the City of Stillwater and Local No. 49, International Union of Operating Engineers, AFL-CIO for January 1, 2004 - December 31,2006 Resolution 2004-88, approving transfer of ownership of on-sale and Sunday liquor license and tobacco license to Stillwater Restaurants, Inc., DBA: St. Croix Crab House Resolution 2004-89, approving plans and specifications and ordering advertisement for bids for the 2004 seal coat project (Project 2004-06) Page 17 of 17 . Ci""-l~.l ) ,-j 1m: --- Type 2 13' H x 6' W (26"dia disks) Graphics-both sides Quantity - 18 '.. o . . ... g 0-, '- ... '" '"' ~ '", ~ ~ << ~ ~ ~ ;~. ~ i ~ ~ ,~ ti. 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JJ ~ ~ v, ""' o e- u ~ ) z g v, f-< 9 () e ~ G4 IIJ!!!S!;__ . U;> "- 9 '" L ~L nIIl (g~~""" ~~~J :::.-):\.~;;, 17-;.'<: n;"~~' . 'l; -_., 'C,"_, . _L Front Elevation 3/8"= "-0" Lii~~~~BIO=::-' ~".---.,'-.----",--.. - ,. , ~ .-.. --.,..- ..., 'j;v-~ 110"'''''''.' ,"':;"" f,I~"G': ~.: ~ ~~' :),", ,,'... Q't".,._....~~r,1 ,-.'.' , f: ~,"",;-' . L . assume 2 guys for 3 days 19'-2" 110 Ib/eol + 160 Ib I rafter 5'-112" tYD ea. side of booth ~ . 9'-3" open roof trusses except above enclosed booth plywood infill w 16" hall.round louvers above enclosed booth l/~fl ~. I <~,;. Side Elevation 3/8"=1'-0" .". o c1:, N ..0- -c OJ <h 'S; OJ 0:: Revised 4-26-04 G'> V> 00 PARKING LOT ATTENDANT SHELThR City of Stillwater, Minnesota ulle Desi!!, Grollp, III" Mahtol7ledi, Millllesota 651 653 3839 4/28/2004 e . . Purr~. the M~lllotiJ, "rl_" " 1 De} are ours. _ The Veterans Memorial will honor byname the more than 100 service personnel who attend~dStill~ater area schools and lost their lives in time of war, It alSo , will honor veterans, living or deceased, from any locality, The Memorial will relate the story of the area's long ang rich history of military servi~e from the Civil War 'to the present. ' >'WalLof Honor "Narri.~s of all veterans from Stillwater area scn~ols who ',~ " " -f;.. ' , died in service of their COU11tfywill be inscribed on the _Wall of Honor around the b~s~ oft~e spir~ of the, ;' monument, '. :J.- 'J'\ny~nemay sponsor'one of the Wall of Honor names, Thiswill include a'paverinscribed with the name of tne veteran: A s,tar on the payer will i'ndicate th;t the \ veteran's name is on the Wall of Hoqor, Each sponsor {Vill receive a personaliz,~d plaq~e. Thecost is'$300. I; ..' ; Memorial WalKway' >:rhe walkway'will provide an opportunity for family , and friends to honoi-any veteran, living or de~eased, . from,anyarea, Granite pavers, 8" bY,20" in size, will 'ca'rry thd:elines of information:'branchof service; name'of veteran, and ~arjn whiCh the vereranserved. Ifhe or she aid not serve in a war, the'~hird'liri'e will . -:,:~. .. t, -'" .Cairy'the dates of serviC~, Cost of each paver is $250. ;z: ,./ ""': Location -,..;, ,'" ~ ,/ ." ~\, ~ The Veterans Memorial will be located at Pine and Third Streets in Stillwater, the original site of . , ,f:"Stillwater High School, the oldest high school in the S~ate of Minnesqta!C~nstruction of the Memorial vJill ., b~gi~ inahtumn;2003.' " '.',-;; -\1 iv >:} l( 'R ,..:,. '~ '.>:' ~,. \ ,.', ' l , '\ Funding" . The Memorial Committee is seeki'ng individual, corporate, foundation and organization contributions for construction of the monument and otherfearures, All donations are acknowledgedwith'a certificate, General. Donation Donations of any ilmount are welcome, '. . -";', ' Memorial Features (contact us for availability) Wall of Honor ri'ame sponsorship '$300 Engraved paver 250 Steep.Je 85,000 Flagp,ole, (1) 2,500 i B~rich (4)~, 2,000 each; Plaque (8) """. 2,5'00 each' Literature box (1) 1,000 . Bronze walkway disc (2) (000 each' Future kiosk' ' 50,000 ,~ r', .Presentati~ns-C , ' -j To schedule a pres~n,tation to a community, civic or ' church group regarding the Veterails Memorial and ' , . . ,." ( giving opportunities, please contact Dick Olsen,. 651- 'C 439-5410. ' .;: ~~ 1-', :. " -'-' .\, . "', -:,- ';'-' . AP don.atiot1;S are tlVf deductible; .The Veterans'M~moriaJ.is an entity of the ,St. Cr~ix Valley Comm~nity Foundation, . , apon-profit, tax-exe~pt 5.0 1 (c) (3)' ~rganization. ,< Thilnky~ufo~ your c~~;ibutio~l" " j; ", ,', . )- ~i 'y (' ,; f ~;., . .r: 1"1 '- ~ I I I I I I' I I' I I .,~....I , I I I 1 1 I , I I I ,'\.1" I I, I I cl I I I I I I 1 I . ," . - : ~ . Donation. ' ~~" . D D $ General Donation: Memorial Feature: (item) (cost) $ $300'. D Name Sponsorship:, Name of Casualty: \. D lfaver: $250, Veteran's Name to be engravc;d: - ". (limit' i 9 letters including spacing - please print) Branch of Service (dle.c~ one): ~Army' AitForce _ Navy Coast Guai-d "~ Marine Corps ~ Merchant Marines War/Conflict or dares of service: : "', ", Tot~ Donation: $ , Method of Payinent: D"Total is enclosed, ,,', " o Partial p,ayment is enclosed.' , , " (f?rpavers, $125 minimum due upon request) . $' ',,"C Enclosed '. .' ,>$, ,i' B#ancedue in six months '(Balanc~' may be paid in -ins'tallinents.) ..;;:. " -.' ;J.:; " '. Make check to: <, St. Cr~.ix lid/ley Community Foundatio.n" "vetera~ Memorial", :1' i ~(, '; , ci~ Veterans Memorial' ' POBox 137;' ~, . ".OX" ~ -;: Stillwater,'MN 55082c0137 1 I .-1 I .-, I I ., I" . I I I I I I I '. I, Signature: . '~,",. ': "'. Donor's Name: '-') ,- .;< Address: City: ~~l ;;: ~~ ... -'. State: "e'2 Zip~ ~.:.~. , Teleph~ne: ( _) , " "....., ~; r2\ I n "/ . i" ,,', 00 Z ,~~ ~:?2N d: 0 Q.~ t ~ I ~ ;:.- ~ V'\ ::' g vi ~ E :;:'v--, Z;:j 2::'3 Vl /', ., ~ r-... 'r<> Cd 0 .""" I" ""', N Or-...OO er<>Q Q) .......~ ' '~ ~Z t1i,~ ! 2~ OJ "~ . ~ s , .... " ~ V) _ 1:,. ::r ~''i ... 01- .;- ~..-~ ,.; :,."" ;\ '! ~ , DedieAn, , \ Memo~ia"!'fJay .. \ ", _' .,. r. A d~dication for the Veterans MemoriaLis, tentatively set forMay 2004. PI~,<:~~e watch . local n,ewsp~pers and th~ Memofi'al web site for details. _,_ .. d ,. :l ~ ~. ':, , '.i: i\ J-_; , / '~(They alsose;ve ~,who stand and " wdit. ,,' '. Ci ~ 'oj, -I \ [, 1\ "I' 1 I., ~r .! Veterans Memorial .j: PO Bo~ 137 Stillwater,i'1N}5982-0 137 phone 651-439-7796 fax ,~51-439-4359 web:' http:// stcro,i~alley.org!vet~ransmemorial ~mail: veteransmemorial@stcroixvalley.org \' -~ ~ ,~ t \ 1 , i' 'j' " .' .1' ., " r-_' I I':': Stillwater, Minnesota " :. '7io,n 0 ring Our Heroes ;". ~ . 'then, now, '} - , and forever. " '# , . MEMORANDUM To: From: Date: .Re: Mayor and City Council Sue Fitzgerald, Planner May 4, 2004 10th 'Annual Heritage Preservation Awards National Preservation Week is May 3 - 9. The Stillwater Heritage Preservation Commission has selected the following individuals and businesses to receive one of their annual preservation awards. These awards are given on the basis that the project reflects the finest examples of carrying out the spirit and intent ofthe Historic District Design Guidelines. Jay and HPC Chairperson, Howard Lieberman will present each recipient with a plaque at the May 4th Council meeting. . The recipients are: THE CENTRAL HUB Ben Dickhausen . FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES for SIGNAGE THE PEACE HOUSE 912 West Churchill Street Marley Smith, Norm Depre, Dave Olson, Don Wesel, MD and Thomas Loome FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND ~TbNT OF THE HISTORIC DISTRICT DESIGN GUIDELINES for PRESERVATION EFFORT . , I . DONALD EMPSON AND KATHLEEN VADNAIS FOR RESEARCH AND WRITTEN CONTRIBUTIONS CONSISTENT WITH THE . SPIRIT AND INThNT OF mSTORIC STILLWAlbK for HISTORICAL CO~ udBUTION GARTNER STUDIOS INC. (THE OLD POST OJiJilCE) Suzanne and Greg Gartner FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INThNT OF THE HISTORIC DISTRICT DESIGN GUIDELINES for BUILDING REUSE . TERRA SPRINGS FRAUENSHUHSWEENEY Brian Sweeney and Bob Engstrom FOR THE FINEST PROJECT CONSISTENT WITH THE SPIRIT AND INTENT OF THE HISTORIC DISTRICT DESIGN GUIDELINES for BEST COOABORATION IN REUSE OF A PROPERTY . r ;1 LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2004-090 . Ace Hardware Allied Camera Repair of Oak Park Hghts, Inc. Aspen Mills AT & T Wireless AWl Diversified Braun Pump & Controls Briggs and Morgan Brock White Co, LLC Carquest Catco Parts & Service Chris Amdahl Locksmith, Inc. Coca Cola Comcast Cub Dalco Dauffenbach, Larry Edy's Grand Ice Cream Emergency Automotive Technology, Inc, Express Photo Fire Marshal Assoc. of MN First Line Foley Belsaw Co. Fred's Tire Galles Corporation GCR Tire Center Johnson Radio Communications Linner Electric Co. Lockrem, Richard Lynn Peavey Company MacQueen Equipment, Inc. Magnuson Law Firm McLeod USA Menards Meyer-Century Labs MN Board of AELSLAGID MN Dept of Admin Intertechnologies MN Dept of Public Safety MN Highway Safety & Research Center Mobile Vision National League of Cities Nextel Office Depot Papco PC Solutions Plant Health Associates, Inc. . . Fasteners, Repair Supplies Camera Repair Uniforms Cell Phones News Stand Corrals Repair Lift Maryknoll Professional Service Bonds PS-34 Caulk for Condensor Vehicle Repair Supplies Equipment Repair Supplies Install Locks Maryknoll, Oakridge Lifts Concession Supplies Cable Concession Supplies Soap, Aerosol & Dispensers Printing Cost Downtown Map Concession Supplies Beacon for Vehicle Processing International Fire Code Training Concession Supplies Rotary & Clamp Grinders Front End Alignment Can Liners Tires Kenwood VHF Mobile, Antennas & Repairs Condensor Contact Kit Building Plan Review Terra Springs Rulers, Stickers Elevator Curtain Professional Service Telephone Maintenance Supplies Gloves Application for Renewal Fee March 2004 Usage Fire/Arson Investigator Class Law Enforcement Safety Classes Cassettes Membership Cell Phones Office Supplies Auto Scrubber Wheel Maintenance Agreement Jan - April 2004 Services 713,61 65.00 13,50 357,95 2,250.00 998.60 10,140,00 267.13 151.28 49.64 450.80 707.45 66.48 57.15 149.78 15.00 238.80 137,56 44.65 120,00 1,248,80 920.05 84.25 469.41 222.59 741,28 490_00 9,030.00 143.70 63.20 8,550.43 176.05 32.70 92.51 240,00 140.83 240.00 843.00 282.23 1,224.00 227.33 32.43 117,35 143.00 480.00 '\ \ EXHIBIT" A" TO RESOLUTION #2004-090 Page 2 Reed Business Information Publication 150.89 Rose Floral & Greenhouse, Inc, Flowers Roettger,lce Show 76,58 . Russell, Steve Reimburse Meal Expenses 90.00 St. Croix Tree Service Tree Removal 564.46 SA LA Architects, Inc. Public Works & Parks Facility 354.52 Sandy's Office Coffee Service Coffee Supplies 83.50 Sign Cad Systems Maintenance for Sign Cad System 962.35 Sprint Cell Phones 56.93 Stillwater Equipment Company Miscellaneous Police Supplies 482.28 Stillwater Gazette Publication 76.95 Stillwater Towing Forfeiture Towing 79.88 Sun Publications Parking Inserts 875.50 TP Supply Inc. Office Supplies 1,571.41 US Postal Service Standard Mail Fee Permit 150.00 Vance Brothers Crack Filler 3,657.21 Viking Industrial Center Supplies 118.13 Village Brass Placques HPC Annual Awards 394,77 Washington County Sheriffs Office 10 Card 5,33 Watson, Dennis Computer Programming UB 1,075.00 Wet Technology Biocide 196.45 Woodbury, City of S.RT. Training 2,400.00 Wells Fargo Paying Agent Fees 375.00 Yocum Oil Fuel 4,266.77 MANUAL CHECKS APRIL 2004 . Postmaster April Newsletter 1,068.29 Assoc. MN Law Enforcement Explorer Breezy Point Explorer Competition 2,150.00 Indianhead Council Member & Charter Fees 70,00 Wells Fargo Bank - Stillwater Petty Cash Parking Lot Machines 1,380.00 Xcel Electricity, Gas 4,968.24 MN Pollution Control Agency Sanitary Sewer Extension Permit 240.00 Postmaster Utility Billing Postage 1,593.52 ADDENDUM TO BILLS Arch Wireless Pagers 1,185.01 Bonestroo,Rosene, Anderlik & Associates Long Lake Improvements 378.37 Carquest Vehicle Maintenance Supplies 2.76 Clark, Luann Subcustodial 101.25 Comcast Cable 11.79 Emergency Apparatus Repair Vehicle 6108 & 6112 1,152.65 ExcellComm Batteries 84.38 Galles Corporation Maintenance Supplies 336.35 GCR Tire Repair 26.00 Green Image Equipment Repair Supplies 87.83 . /' 'I . . . EXHIBIT" A" TO RESOLUTION #2004-090 Hennepin Technical College Holiday Fleet Hugo, City of Ikon Office Solutions ICMA Knauss, Chantell Legislative Associates, Inc. MacQueen Equipment Mahtomedi, City of Marine on St. Croix, City of Met Council MJ Raleigh Trucking, Inc. Napa Auto Parts Office Depot Office Max Public Safety Equipment Quill Qwest Reed's Sales & Service Russell, Steve Stillwater Courier News Stillwater Gazette Territorial Springs U S Postal Service Veit and Company, Inc. Walmart Washington County Sheriff Xcel Yocum Oil Company Adopted by the City Council this 4th Day of May, 2004 Page 3 Training Fuel Insurance Proceeds-Propane Tank Explosion Maintenance Agreement Membership Reimburse Expenses Legislative Service April 2004 Gutter Broom, Main Broom & Sweeper Repair Insurance Proceeds-Propane Tank Explosion Insurance Proceeds-Propane Tank Explosion April SAC Sewer Interceptor Rehabilitation Equipment Repair Supplies Office Supplies Office Supplies Calibration of Radar Units Office Supplies Telephone Carburetor Assy, ULI Seminar Publication Publication Draw # 5 from TIF Note Proceeds Postage North Hill Sewer Improvement Supplies 2004 Alerts Stillwater Electricity. Gas Fuel ) TOTAL 1,515.20 66.00 6,137,00 419.27 700AO 132.25 3,833,33 2,819.36 2,800.00 2,600.00 6,682.50 104,560.10 26A5 290.64 43.85 370.00 39A5 335.00 86.55 20.00 106AO 40.50 132,829.00 8,000.00 264,311.91 225.71 2,500.00 20,731.96 598.16 638,950.86 ., . Memo To: From: Date: Subject: Mayor and City Council (l/' Steve Russell, Community Development Director April 30, 2004 Zoning Map Amendment Changing Zoning Designation of Two Acres of Land from RA, Single Family to PA, Public Administration at 375 Orleans Street. Case No. ZAMj04-01 Background. This item was heard by the Planning Commission on April 12, 2004. The request was accompanied by a request for approval for a six-unit apartment building on the south portion of the site requested for rezoning. The residential portion of the submittal (Planned Unit Development) was continued by the Planning Commission to their meeting of May 10, 2004 (until the Council's decision on their zoning recommendation). . The Commission reviewed the request for the two acre rezoning. A portion of the two acre site (residence) is located in Oak Park Heights. The existing 7,400 square foot HSI office building currently is located on the site. The existing HSI use replaced the previous Stillwater Clinic use of the site and was approved with a special use permit in 1992. The rezoning to Public Administrative (PA) would allow multifamily residential use with a special use permit (PA regulations attached). Comments from the Commission and audience expressed concern for maintaining the single family residential character of the area (CPC minutes of April 12, 2004 attached). The Planning Commission recommended denial of the request on a 7-1 vote. Recommendation: Decision on request. Attachments: Application, staff report and minutes 4-12-04. . .. v City of Stillwater Planning Commission April 12, 2004 . Mr. Robbins was present. He stated the tent would be open from June 25 through, July 4. Mr. Ranum asked about the non-profit involved. Mr. Robbins stated that was the Ecumenical Church of North St. Paul. Mr. Ranum stated in future he would like a local organization to be involved. Mr. Dahlquist moved approval as conditioned; Mr. Ranum seconded the motion. Mr. Teske spoke against the proposal, noting he had expressed concerns about a similar proposal earlier (the Linder's sales tent) whereby a business outside the area is allowed to operate at the expense of local businesses. Mr. Teske also expressed a concern about the aesthetics of such operations. Mr. Dahlquist noted the city has already set a precedent in allowing such uses, and if the Commission is opposed to such uses, it ought to look at amending the ordinance to prohibit the use in the future. Mr. Ranum withdrew his second. Mr. Turnquist seconded Mr. Dahlquist's motion to approve as conditioned. Motion passed 6-2, with Mr. Teske and Mr. Ranum voting no. Case No. SUP/04-22 A special use permit for food preparation and catering with retail/takeout area and kitchen at 1709 S. Greeley St. in the Business Park Industrial District. Donna Tarras, applicant. Ms. Tarras was present. She noted she was back before the Commission as the Curve Crest site was not available. She said she will be using one half of the building; Hoffinan Refrigeration will occupy the other half. She said the existing sign from her downtown location will be placed over . the door at the new location. She said she likely will be requested a monument sign on Greeley Street to be shared with the other building tenant. Mr. Teske, seconded by Mr. Junker, moved approval as conditioned. Motion passed unanimously. Case No. V/04-23, A variance to the fence height regulations (6 feet required, 50 feet requested) at 920 Amundson Drive in the RA, Single Family Residential Distrait. Kurt Galenti and Kathryn Stark, applicants. The applicants were present. Mr. Galenti stated the existing netting they installed is not adequate to prevent stray golf balls from preventing a hazard to their property. The new netting, which will not be visible, will be installed on black steel poles. The intent is to take the netting down in the winter. Mr. Turnquist moved app.lVval. Mr. Junker seconded the motion; motion passed unanimously. Case No. ZAM/04-01 A zoning map amendment for a parcel at 375 Orleans St.,changing the zoning from RA, Single Family Residential, to P A, Public Administration. Robert Butler, representing Human Services Inc., applicant. Present were Mr. Butler and Larry Prinds, architect. . 3 / . City of Stillwater Planning Commission April 12,2004 Mr. Gag reviewed allowable uses in the proposed P A zone. Mr. Russell said there had been talk of changing the zoning when the Government Center was constructed, and he noted that the proposed and existing use conforms more to P A zoning that to the current RA. Mr. Ranum asked if the existing use was a non-conforming use~ Mr. Butler stated HSI took over the building in 1993 and thought they had a special use permit at that time. Mr. Teske pointed out that the existing building has been utilized as a clinic for a number of years. Mr. Gag opened the public hearing. Speaking in opposition were Joanne Cole, 15076 N. 64th St.; Tim Axel, 6440 Ozark Ave. N.; Jim Marsden, 1346 S. First St.; Tina Fuerstenberg, 56th Street North; Sandra Gray, 1336 S. First St.; and Lowell Schmoeckel, 1343 S. First St. Concerns included addition traffic, impact on property values, and the possibility that rezoning is the first step in an expanded use. All spoke in favor of retaining the existing zoning. Mr. Gag closed the public hearing. Mr. Ranum referred to "creeping commercialism," noting the site is in a residential neighborhood. Mr. Junker noted the site is surrounded by green space, constantly occupied by kids. Rezoning, Mr. Junker suggested, would change the whole demographics of the neighborhood. . Mr. Dahlquist agreed that the proposed use does not fit with the neighborhood and moved to deny the rezoning request. Mr. Ranum seconded the motion. Mr. Turnquist said he thought the property should be zoned for its current use. Motion to deny passed 7-1, with Mr. Turnquist voting no. Case No. PUD/04-25 Concept and final planned unit development approval of a six-unit apartment and addition to the current clinic/office at 375 Orleans St. Robert Butler, representing Human Services Inc. Consideration of the PUD was postponed pending the City Council's disposition of the zoning amendment request. Case No. V/04-26 A variance to the front yard setback (30 feet required, 25 feet requested) for construction of a garage addition with living space above at 6 River Heights Drive in the RA, Single Family Residential District. Daniel Thurmes, representing Dick and Marie Olsen. Present were Mr. Thurmes and Robert Handberg. They explained the request is due to a need for additional storage space. The addition would be at the same level as the existing garage. They also pointed out that the majority of the houses across the street encroach into the required setback. e Mr. Teske moved approval as conditioned. Mr. Ranum seconded the motion; motion passed, unanimously. 4 It it e 17 A-;u~s ZONING . f 31-1 Exceptions: For infilllots, the front, side and rear setback may be similar to the setbaca the adjacent buildings. d. No. 766, 9-22-92) e. Subd. 18. PA-public inistrative offices dis- tn~-public 'strative ,offices districts shall be regulated as follows: (1) Purpose. The purpose of the PA district is, to provide a district for public arid semip~blic uses and offices. (2) Principal permitted buildings and uses. In the PA-public administrative office dis- trict, the following buildings and uses and their accessory buildings and uses are permitted: a. Administrative offices. b. Medical offices. c. Group day care. d. Schools: public, private, business and' technical, studios for arts, crafts, pho- tography; music and dance. e. Public uses: library and post office. f. Churches and other places of wor- ship. (3) Permitted uses by special use permit. In the PA-public and administrative office district, the following buildings and uses, and their accessory buildings and uses may be permitted by special use permit: a. Single-family, duplex and multifam- ily residential uses subject to RCM regulations. . " b. Hospitals, .........~ alescent hospitals and nUrsing homes. (4) Use determination. Any other use or ser- vice establishment in the PA district, de- termined by the city council to be of the same general character as the foregoing uses and which will not impair the present or potential use of adjacent ....... yemes, may be permitted by a special use permit. (5) General regulations. General regulations in the PA district are as follows: Supp. No. 10 a. Height of building, maximum: Principal building use Accessory building Minimum lot area: 2 stories 35 feet 1 story 20 feet 10,000 square feet , b. c. Setbacks: Front 30 feet Rear 25 feet Side 20 feet Comer side 20 feet d. Additional requirements. All park- ing areas for three or more cars adjacent to residentially zoned land shall be set back a minimum of ten feet and landscaped to screen the parking area r.. UU..I the residentially , .zoned land. . (Ord. No. 738~ 2-14-91) , t Subd. ~9. BP-C business park commercial lS- trict. BP-C business park commercial districts shall be regulated as follows: (1) Purpose. The purpose of the BP-C district is to provide a district for general commu- nity commercial and office uses. (2) Permitted uses. Permitted uses in the BP-C district are as follows: a. Wholesale trade. b. Retail, general merchandise. ,. c. Specialty retail. ' 'd. Fo~~:~~t~il. .,.',1 '. e. Eating and drinking places and ca- fes. f. Finance, insurance and real estate office services.. ' ' ,~~~ Personal services such as dry clean- ~~and j;)eauty salons. Business,' professional ,and medical office 'services.' · .. ,g. ,..,h. CD31:21 . ' ,eo ~ Iv . . e Memo ~ .---: To: From: Date: Subject: Planning Commission Steve Russell, Community Development Director April 6, 2004 Zoning Map Amendment Change Designation of 2.03 Acre Site from Single Family Residential, RA, to Public Administration, PA. Case No. ZAMj04-0 1 . Background. The 2 acres site is situated on Orleans Street and 6th Avenue North. Other uses in the area include Oak Park Elementary School, Old Athletic Field, a church and single family residences. The current office use is a non-conforming use in the existing Single Family RA District. The proposed rezoning would change the existing use to a permitted use and allow residential use with a special use permit. The proposed zoning is consistent with the existing use and the Comprehensive Plan. Recommendation: Approval of rezoning. Findings: The proposed rezoning from Single Family to Public Administration Office is consistent with the existing use and Comprehensive Plan. 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'MINISTRAlluN APPLICATION FO Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* xx Zoning Amendment* xx Planning Unit Development * Certificate of Compliance sted action are attached to this application. 1/S0 required to offset the costs of attorney and engineering fees. 'Jonsible for the completeness and accuracy of all forms and supporting material submitted ,ny application. All supporting material (i e., photos, sketches, etc.) submitted with ; the property of the City of Stillwater. Sixteen (16) copies of supporting material is 'on is submitted to the City Council, twelve (12) copies of supporting material is required. 'ed with applications. Any incomplete application or supporting material will delay the ;. PROPERTY IDENTIFICATION 33.030.20.41.0001 33.030.20.41.0002 33.030.20.41.0018 33.030.20.41.0020 (GEO Code) Office and Housinq Expansion R R R Assessor's Parcel No. R ( OPH) (OPH) , (STW) , (STW) , 375 East Orleans ~criPtion of Project HS I foregoing statements and all data, information and evidence submitted herewith in all 'st of my knowledge and belief, to be true and correct. I further certify I will comply with the ed and used. " Iuman Services, Inc. Representative Larry prinds --c.- Mailing Address 275 E. Fourth St. Ste 800 City-State-Zip Saint Paul, MN 55101 Telephone No. (651) 556-8633 Signature~ 11.. ~ - (Signa/ure is required) 7066 N. Stillwater Blvd. )akdale, MN 55128 (651) 777-5222 nature is required) SITE AND PROJECT DESCRIPTION s) 330 x 268.52 ,Total Buildinfj f1,oorarea17 ,370 square feet )3 Acres House/Off1ceExisting 017,~439 square feet Stories Feet House/Office Proposed 4489/5442 square feet 1 11 ' - 0 " Paved Impervious Area 20642 square feet .2 24' -0" No. of off-street parking spaces 49 EE ATTACHMENT) The Oak Park Heights property consists of two parcels: · Geo Code Number: R 33.030.20.41.0001 "West 70 feet of Lots 11 and 12, Block 1, Webster's Third Edition" (This parcel contains the existing house and garage.) · Geo Code Number: R 33.030.20.41.0002 "Part of Lots 9 and 10, Block 1 , being West 70 feet thereof, Webster's Third Edition" (This parcel includes a driveway and parking.) . The Stillwater property also consists of two parcels: · Geo Code Number: R 33.030.20.41.0018 "Lots 1 through 12, Block 1, except West 70 feet of Lots 9 through 12, Webster's Third Edition, First Ward and 1/2 vacated East St. Croix Street adjacent" (This parcel contains the office building.) · Geo Code Number: R 33.030.20.41.0020 "South half of East St. Croix Street vacated lying between South Hazel and South First Street, Block 8" (Wooded area - part of the vacated East St. Croix Street.) LOT SIZE I Stillwater I 76,011.6 Square Feet I Oak Park Heights I 12,600.0 Square Feet I Total I 88,611.6 Square Feet . BUILDING FLOOR AREA I Existing House (OPH) I New House I Office I, Office Expansion (',~[,'.:,'"::i-}')"'" '>t:< :",;tN">".';'~_}':SZtS2-~:-*',:-L"-':;'/--'. , __.--;;_ Total Existing Proposed - 0 - 4,489 Square Feet 7,439 Square Feet + 5,442 Square Feet 8,682 SqU~~~F:;r::"r1t~70' Square Feet 1 ,243 Square Feet -0- 7 ,439 Square Feet RECEiVED~ \tAR 2 6 1004 I COMMlI""TV 1'"11=' ,~I ...~. ,-..- . K Heights property consists of two parcels: :ocAumber: R 33.030.20.41.0001 "West 70 feet of Lots 11 and 12, 1 ,~bster's Third Edition" (This parcel contains the existing house lrage.) ode Number: R 33.030.20.41.0002 "Part of Lots 9 and 1 0, Block 1, being '0 feet thereof, Webster's Third Edition" (This parcel includes a driveway Irking.) - property also consists of two parcels: ode Number: R 33.030.20.41.0018 "Lots 1 through 12, Block 1, except '0 feet of Lots 9 through 12, Webster's Third Edition, First Ward and 1/2 d East St. Croix Street adjacent" (This parcel contains the office building.) ode Number: R 33.030.20.41.0020 "South half of East St. Croix Street d lying between South Hazel and South First Street, Block 8" (Wooded part of the vacated East St. Croix Street.) ,,[SIZE !lwater 76,011.6 Square Feet . Heights 12,600.0 Square Feet Total 88,611.6 Square Feet .~- lING Existing Proposed 'R AREA " 19 House (OPH) 1 ,243 Square Feet -0- 10use - 0- 4,489 Square Feet 7,439 Square Feet 7,439 Square Feet + Expansion 5,442 Square Feet Total 8,682 Square Feet 17,370 Square Feet ., RECEIVED UAR 2 6 1004 . I,. ,,__ ,_'lo'~ 1 COMMlIf\I\TV f"Il=" ,I Helping People...Cltonging Live~ >/;/ corpora/ion 'ch 22, 2004 OAKDALE OFFICE 7066 STILLWATER BLVD, N, OAKDALE, MN 55128 651-777-5222 FAx651-251-S111 . of StilI water ning Commission W. Elm Street ..vater, MN 55082 _RECEIVED MAR 2 6 2004 . Planning Commission members, COMMUNITY DEVELOPlvlENT DEPARTMENT - , Ittached materials are in support of the Human Services Inc. (HSI) application for a Zoning ldment and Planned Unit Development for the site at 375 East Orleans. This application is mcept and final approval of Phase I, and concept approval of Phase II. !!round 93, HSI purchased the 2.03 acre site at the southeast Comer of East Orleans and 6th Street the Stillwater Medical Group. This site is mostly in Stillwater but includes a 70 x 180 foot I on the northwest comer in Oak Park Heights. It includes an office/clinic building on the ater portion of the site and a small 3 bedroom house and garage on the Oak Park Heights . HSI has been operating its multi-specialty human service programs from this site and g out the house for the past 11 years. proposal to expand our services on this site is driven by the growth of service needs in this rrounding communities and our opportunity to develop supported housing. Expanding the clinic and housing use of this site is a natural extension of current services and a good fit .; location. sed Develooment Overvie~ illwater portion of this site is currently zoned RA but it is in the comprehensive plan to be 1S "Public Administration". HSI is requesting that the site be rezoned to "Public istration" consistent with the comprehensive plan and that within this new zoning, a j Unit Development (PUD) be approved to include constructing a new 4,489 square foot ent with six rental units, removing the existing house, and adding 5,442 square feet to the clinic/office building. The development is planned in two phases with the housing lent to be completed in 2005 and the office expansion in 2007 or later. I: Housing 'poses to build a 4,489 square foot apartment on the southeast comer to provide five ;nits for young adults who have a mental health disability and a two-bedroom unit for the manager. This project is for "permanent supportive" housing and will provide safe, lousing for 'homeless young adults who need support to develop the skills to become self- It and independent. HSI and Washington County Community Services will work with ident to create and pursue a plan to become independent and self-sufficient. A resident . will live in the building providing ongoing support as well. HUMAN SERVICES, INC. .ANDING . COTTAGE GROVE' FOREST LAKE' OAK PARK HEIGHTS' OAKDALE . STILLWATER' TRANSPORTATION FAC1L1TY AN EQUAL OPPORTUNITY EMPLOYER' website: WWw,hsicares.org . . . City of Stillwater Planning Con ;sion March 22, 2004 Page 2 . Phase II: Office Exnansion HSI has been providing a variety of human service programs from the current 7,439 square foot building since 1993, including community support and outpatient mental health, chemical health, domestic abuse services for families and children, and comInunitysupport services for frail, older adults. The proposed expansion will provide 5,442 more square feet for offices and meeting rooms to provide similar services. The three bedroom rental house will be removed from the northwest comer of this site for parking expansion and the site will be landscaped to provide screening from the street. Reasons for Annroval The proposed rezoning of this site to Public Administration is consistent with Stillwater's comprehensive plan. The proposed office use of this site is allowable in the PA zoning and housing is listed as a conditional use. The proposed development is a very efficient and effective use of this site. This site has included office services and housing for many years and the proposed expansion will allow the site to fulfill its potential as a human service delivery location. Services to be provided from this site are needed in Stillwater and the St. Croix Valley area. As the population continues to grow, persons needing services provided at this location also continue to increase. The development of this site represents a step towards strengthening the fabric of family and community life. . The proposed development ofthis site will harmoniously blend into the neighborhood. The site is surrounded on three sides by residential development which will help the housing building blend into the neighborhood. The older, somewhat rundown two-story house will be removed, landscaping will be improved, and an area now somewhat overgrown with scrub trees and brush will be landscaped into a small park-like environment. Thank you for your consideration. HSI looks forward to accomplishing this improvement in our community. Sincerely, ~ '" Robert Butler, Ph.D. Chief Executive Officer Human Services, Inc. RB/lg . "', '. _ J.!a,.' .;:,. r''' 131.3 r .,1~, a ,'] i ; .. ~ j;,,, IJ P.t5 MARSH STREET "..,; -..," . , . ~ f9V.~JT1~' \~Q~~:T ~.4 · ~ ::~ ./ ~ ~ . ;., =s ~;.~ ~ .~ 23 I J ''''' 1301.,2 50 .~_!iIlS [51) t; ,-J iii r > fll.> I...J ,... ' "" l:""".... ~I d p." Jl." . en 3 ,. H- ,.." 0::- ,... '1 ~ -- ,. ~ ~ ~ 4 \fooo1 .i ~ . . · f"" · Z :: ,... I '-;7 1,1.1..2 .. ~ if ~11:it t:U 5 . y.,." tc-< ,..,,"'" ~ '1 Q .p,.. ~. ~ I. .4 ,... en · - ~ICl 6 "I ,..~ ~s~~., Q; 3 l~l'S?::' . ~ _~' '~. f ,:,'" 1'1 cr.i ,~. .! ....~' ~'~ ,... ~ · J?~l d~ 6 '1/' , VJ.J .~, ...", · ,L, f I::J -- ~ 16 ,'f', ~., 8.77) ~9 3 /.,~'" -.:E j,." ~ J: +--'''' · ~ :';' r;. ~i,:~ ':~ ~ ',~~ · S 10 :'J 0--., · ~ u" r · -::E ';:----t: ,:;' ~ ; u ~,; .1 13 ~ .. ~., 60 ~ STILLWATER .9~K PARK HEIGHTS 12 134~ ~o Lo: 2" 0 ...' !-: :l Z ~ f . 4 · t " ~ . 6 0 ~ .1 lip g ~ I- en 't . . o - Z o g frl en . J: - ~ · 5 en ~ oj I: ; t.1 ~ J 1 - ~ '" , o 0 " - a:: ~ -I iil " 'iO a ~ - ~ ~ -I J"...p ~..... 11 ....' "J2 l- Ll<: " ~ o 6 ....' 5 ....' 'AR~ hEIGHTS 64TH S~ STREET ~ I . .. LWATER 12 I ~ 11 {I It: i ~ \ ,. 117, 3 J \'1-,. "';-/4 ~:5~ 'WI c..~.yy~ -..- 7 I 6 , .. ~O~ '--- .. - '" """'-- .5)V'2 It .. p t 1 11 I " I~~ p 6 I J' .....-;" 7~ I _ t:w.MRT OF (0019) 1:w.325 ! .. a SEWER EASE BK 258 DDS. PG 359 I : I ' ~ VAC GROVE ST PER BK 8 MISC. PG 382 , "I" i I" " 11 10 Location Map a a _ a a -...........-..-.....-.." . .. ~ ~ % . [i! ill .. ~~ .' ~ I':l . ii .' ~ . ~ .' ~ ~ 5 5 . ~ .' III ~ . ~ / .,J ... :t .-1 ~ ~ ' 16: + : . :' ~ ... ,,\- ~ " 4 c\~ :: ~ . 14~'B I .o1'~. · 13 I S V .' ~ I ,. -'(, 6 ~ t~ . . . w .J: 12 7\_~ , ~ 11 <> 6 ~"~ ,... 1 Q. ~TRE~' · , ,,: +: '" .! 51 30 ~" 65TH '0:: W t,~30 I 0 ~ '" L -l ~ I - Cl · ~ !i! 4r-:~f > 5/ >- ll: I ~ t- ~ !116 i ~.. 18 -0 ! .J .~5 I "I O.._~ - 11 · .,.t51 12 . 17.15 =: 30 . t . . p ~ J: . ~ o . en EAST ORLEANS : 13 I 12 30 : I I 11 1 :+: I. " I VACATED PER SK 1~~EDs PG 404 .' . . . R1IW R1l1W RI9W n2N1 ::+ ~~ 8 . .... .., $JARfF (0 9) 7 ~ . } 33 · ", 16 " , ' I DINt nON ~ TION L T'..8N b, ~ T'.JlN TI7N ~ TI7N R12W R21W R20W . . Vicinity ~ lap y t I 10 I 19 + 12 . .-.- r: 3 J 0 4 / 'ARTf" (.J., 5 J 7 4 6 ~ t~.32S I 134.325 V STILLVV A TEl: · lOA ~ pKKrC <<1,40 .po <<i ... ..c- .. ..... ...., 30 3 2 1 17 r'.." I : g J: . ' Ii: ii } 'I "".... ...'" . , j 11 " I" 6 I 5 4 ~' a !! r= ,/ ...'" .' .. 0' . .' o 204 i ......,...,.:,..,y. ..... 15 ~ ~; 13 I . I 0' . ...'" y' "..."'" Scale in Feet 63F :::=.~~.r'=::.car:-... i::'~-:-~~~OIlfor~~- =-~'t~~~.rIl't =.~::i=1~unlrSllrYr1O".Olnc" =1~=-JonAS400inllr;ian IoIapprinled: --:noo:?~~ . ...;-- -- 20"""" "."" i. 11 jI!, 10.. ~"l 17 ~ ~ , .' "I - ...r' ='5! V.. i "",.K ;,'" "","'" ;,j~ ~. 20 21 ,/ ./ 30 "I , I ~.i ~ ~ ! 30 - ....... '. ~--- '... '" ~" 20 ~" 2 2~.. . 64TH STRI Ii" 11 ...... ",'" ;;,,"" . ",'" 2j. 23 . UPPER ","'" ,,)A JtI""" ..... #If 12 lo1", 10 ",,'" 10.. . --:: '" >--:J;- - -4 ()- - ,~ ~"" K " 11- " 11-. II- to · f' ~ ,;,.... 1 a 16 " ~ "I ..-r 151 ~'" !! 1 I i ,...... ~'" 12 63RD STR ..J.v' #"',,, yt "","""",'" . 11 e'" &". I,. ~ " . . LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P .L.L.P . James F. Lammers Robert G, Briggs * Mark J- Vierling - ~ Thomas J. Weidner Susan D. Olson ~ David K. Snyder Timothy M, Kelley Sean P. Stokes Baiers C. Heeren Laura L. Domagala Joshua D. Christensen 1835 Northwestern Avenue Stillwater, Minnesota 55082 Lyle J- Eckberg (1916-2003) (651) 439-2878 FAX (651) 439-2923 Direct Dial: (651) 351-2131 dsnyder@eckberglammers.com Paul A. Wolff (1944-1996) April 30, 2004 -Qualified Neutral Arbitrator * Certified Real Estate Specialist ~Qualified Neutral Mediator Mr. David Magnuson Stillwater City Attorney 333 North Main Street Suite 202 Stillwater, MN 55082 RE: HSI Rezoning ApplicationlMultifamily Residential building Dear Mr. Magnuson: Weare pleased to represent Human Services Incorporated in connection with its application of March 22, 2004 for a Zoning Amendment and Planned Unit Development for its site at 375 East Orleans Street, Stillwater, Minnesota to expand its office and construct a multifamily residential building for affordable housing. The purposes of the requests are described in Dr. Butler's letter of that date. We appreciate the opportunity to communicate with you and HSI values the opportunity to continue to provide services to residerits of Washington County. The property is in a mixed-use neighborhood, which includes single-family residences, a public elementary school, the Washington County Government Center and jail. The property was used for many years as a medical clinic and is now used by HSI as an office facility and clinic. A single-family residence is also located on the site. The property is presently zoned RA (single family residential) but is designated in the Comprehensive Plan (and evidently has been for years) as Public Administration. The PA District provides a district for public, semipublic uses, offices and multifamily uses (permitted by specialuse permit). Rezoning the property to Public Administration will bring the property into compliance with its Comprehensive Plan designation and thus satisfy the requirement found in Minnesota law that there be consistency between a comprehensive plan and zoning classifications. The proposed expansion of the office-clinic and the construction of a multifamily residential building are all permitted uses or permitted uses with a special use permit in a P A . District under the provisions of the Zoning Code. ~ City Staff has recognized that "(t)he proposed mixed use is consistent with the Comprehensive Plan and P A Zoning Regulations" and recommended approval. The Planning Commission denied the request at its April 1 th meeting and HSI had no opportunity to provide testimony. That was unfortunate. . HSI looks forward to continuing to discuss, directly, with everyone, its plans to provide affordable housing to five disabled young adults, and has done so already in meetings, telephone conferences and other communications. At the same time, it is important to recognize that the City's review of this matter is somewhat narrow and subject to well-defined legal limitations. Therefore, it seems worth noting that because the City's scope of review is somewhat confined by law, its decision making may not, indeed cannot, be based on any and all issues desired by any given person. Simply put, the issue presented to the City is whether or not there is a reasonable basis for approving the request, measured against the zoning code, the current comprehensive plan! and the governing law. It is presumed that a city will zone according to its comprehensive plan. (Amcon v. City of Eagan, 348 N.W.2d 66 (1984) presumed arbitrary and capricious to deny a zoning designation set forth in its comprehensive plan). Horbal v. City of Ham Lake, 393 N.W.2d 5 (1986) (City may only apply the criteria in its zoning ordinance in considering housing application). Specifically, the City reviews this application as a land-use application-a request to rezone the property in a way which is consistent with its designation in the comprehensive plan. In doing so, it applies the language of its zoning ordinance, the law and does what it can to reach a position which is supported by the law and the facts. . Obviously, the City knows that none of its ordinances establish special requirements, demand special scrutiny, or permit any inquiry that would not be applied to any given request to construct a similar building simply because 5 of the 6 residents here happen to have a mental health disability. This is because municipalities are not permitted to establish special standards for the operation of housing for persons who have mental illness. (Northwest Residence, Inc. v. City of Brooklyn Center 352 N.W.2d 764, 773 (1984). In other words, there may be matters which can properly be the subject of discussion between HSI and residents directly, but not properly the basis of a decision by the City. Apart from the prohibition on the imposition of special requirements, the federal Fair Housing Amendment Act goes further and places on cities an affirmative duty to make "reasonable accommodations" in rules, policies, practices or services when such accommodations may be necessary to afford equal opportunity to use and enjoy a dwelling. 42 U.S.C.S. 3604(f) (2000). (affirming a variance to its spacing ordinance, grant of conditional use permit and maximum occupancy variance for a supportive housing facility as a necessary reasonable accomodation). Under general zoning law and the Fair Housing Act, generalized perceptions about disabilities and speculation are not grounds to justify exclusion. (Bangerter v. Orem City Corporation, 46 F.3d 1491 (1995) (rejecting special conditions placed on a home for the mentally disabled), Horbal v. Ham Lake 393 N.W.2d 5, 7 (Minn. App. 1986), 1 Which extensively details the shortage of, and need for, affordable housing in the City of Stillwater (p.6-6, 6-8). . <'- i . . . Here, HSI seeks no special variances or waivers of existing regulations and none are needed, Instead, it has submitted a routine re-zoning application which seeks a designation consistent with the comprehensive plan, In any event, I do wish to emphasize our gratitude for your consideration of our request and note that HSI looks forward to continuing direct and frequent communications with its neighbors to discuss matters which are of concern to them. We are excited about the project and the good that it will do. Should you have any questions or comments, please do not hesitate to contact me or Dr. Robert Butler ofHSI at any time. DKS:kn Enclosure c: Robert Butler, HSI City Clerk " . . . April 29, 2004 Jay Kimball, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Kimball; I am writing in support of the request by Human Services Inc. (HSI) to develop a small apartment building on their ample two acre site located near their offices at 375 East Orleans. As you know, there is a huge shortage of affordable housing in the metro area and especially in Washington County and the community of Stillwater, The proposed small, unobtrusive building would contain six units that would provide affordable housing to young adults from our community. It is a very needed concept, not only in terms of the new affordable housing that will be created, but also because it is an opportunity to help young adults become se]f- sufficient and independent members of our community. HSI has an excellent reputation as an innovative human service provider and has extensive experience in supporting individuals with disabilities with their housing needs, They have a proven track record in providing this supportive housing model. Since I work in the mental health field, I know that the stigma associated with mental illness is huge, I was very disheartened to hear negative comments about the project and people with disabilities at the community meeting that was recently held with neighbors, Interestingly, though, most of them actually thought it was a good idea-just not in their neighborhood. This project is being designed to serve and house members of our community- someone's sister, brother, son, or daughter. In each of our lifetimes we have a one in four probability of experiencing a mental health issue within our families. That is why it is vital we have local resources to house and support our family members and neighbors, so they can develop the skills to be independent and successful members of our community. As a neighbor and member of this community, I want you to know that I do support this project and I hope the City Council will have the courage and foresight to help it move forward. SinceI:~y,7 / ,/ iYI/'!",/l{/L__",'// /: / ..;/ /1 V"/ :' S/J Bro~r0 I v 1103 South 3rd Street Stillwater, Minnesota ,. LIST OF BILLS EXHIBIT" A" TO RESOLUTION #2004-090 . Ace Hardware Allied Camera Repair of Oak Park Hghts, Inc, Aspen Mills AT & T Wireless AWl Diversified Braun Pump & Controls Briggs and Morgan Brock White Co. LLC Carquest Catco Parts & Service Chris Amdahl Locksmith, Inc. Coca Cola Comcast Cub Dalco Dauffenbach, Larry Edy's Grand Ice Cream Emergency Automotive Technology, Inc, Express Photo Fire Marshal Assoc. of MN First Line Foley Belsaw Co. Fred's Tire Galles Corporation GCR Tire Center Johnson Radio Communications Linner Electric Co. Lockrem, Richard Lynn Peavey Company MacQueen Equipment, Inc. Magnuson Law Firm McLeod USA Menards Meyer-Century Labs MN Board of AELSLAGID MN Dept of Admin Intertechnologies MN Dept of Public Safety MN Highway Safety & Research Center Mobile Vision National League of Cities Nextel Office Depot Papco PC Solutions . . Fasteners, Repair Supplies Camera Repair Uniforms Cell Phones News Stand Corrals Repair Lift Maryknoll Professional Service Bonds PS-34 Caulk for Condenser Vehicle Repair Supplies Equipment Repair Supplies Install Locks Maryknoll, Oakridge Lifts Concession Supplies Cable Concession Supplies Soap, Aerosol & Dispensers Printing Cost Downtown Map Concession Supplies Beacon for Vehicle Processing International Fire Code Training Concession Supplies Rotary & Clamp Grinders Front End Alignment Can Liners Tires Kenwood VHF Mobile, Antennas & Repairs Condensor Contact Kit Building Plan Review Terra Springs Rulers, Stickers Elevator Curtain Professional Service Telephone Maintenance Supplies Gloves Application for Renewal Fee March 2004 Usage Fire/Arson Investigator Class Law Enforcement Safety Classes Cassettes Membership Cell Phones Office Supplies Auto Scrubber Wheel Maintenance Agreement 713.61 65.00 13.50 357.95 2,250.00 998.60 10,140,00 267.13 151.28 49.64 450.80 707.45 66.48 57.15 149.78 15.00 238.80 137.56 44.65 120.00 1,248.80 920.05 84.25 469.41 222.59 741.28 490.00 9,030.00 143.70 63.20 8,550.43 176.05 32.70 92.51 240.00 140.83 240.00 843.00 282.23 1,224.00 227.33 32.43 117.35 143.00 EXHIBIT n An TO RESOLUTION #2004-090 Plant Health Associates, Inc. Reed Business Information Rose Floral & Greenhouse, Inc. Russell, Steve St. Croix Tree Service SALA Architects, Inc. Sandy's Office Coffee Service Sign Cad Systems Sprint Stillwater Equipment Company Stillwater Gazette Stillwater Towing Sun Publications TP Supply Inc. US Postal Service Vance Brothers Viking Industrial Center Village Brass Washington County Sheriff's Office Watson, Dennis Wet Technology Woodbury, City of Wells Fargo Yocum Oil Adopted by the City Council this 4th Day of May, 2004 Jan - April 2004 Services Publication Flowers Roettger,lce Show Reimburse Meal Expenses Tree Removal Public Works & Parks Facility Coffee Supplies Maintenance for Sign Cad System Cell Phones Miscellaneous Police Supplies Publication Forfeiture Towing Parking Inserts Office Supplies Standard Mail Fee Permit Crack Filler Supplies Placques HPC Annual Awards ID Card Computer Programming UB Biocide S.RT. Training Paying Agent Fees Fuel Page 2 . 480,00 . 150,89 76,58 90.00 564.46 354.52 83.50 962.35 56.93 482.28 76.95 79,88 875,50 1,571.41 150.00 3,657.21 118.13 394.77 5.33 1,075.00 196.45 2,400.00 375.00 . 4,266.77 . . . . ::\1emo DA TE: April 30, 2004 TO: Mayor and City Council Chantell Knauss ~ Director of Administration FROM: RE: Waiver of Garbage Collection Charges - - -. --!!...-- Attached are requests for Waiver of Garbage and Collection Charges for June 1,2004- May 30, 2005 in accordance with City Code Section 30-1, Subd. 9. Recommendation Staff recommends the City Council take action to approve waiver of garbage and collection charges for applications 2004-01 through 2004-03, APPLICATION NO. 2004-01 . WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: NAME Josenh .Junker ADDRESS 1220 4th AVe. South Recommended Action: APPROVE X DISAPPROVE . REASON FOR DISAPPROVAL DATE SUBMIIThD: May 4~ 2004 . ~......._..-...... , .". ,'. . . . APPLICATION NO. 2004-02 WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: NAME Fl ()n~nIP Kr()f~nino ADDRESS ~Lr'eFf North , ~ -AdDf~ ~ Recommended Action: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL DATE SUBMl1TbD: May 4. 2004 /qlD 6-t>~.QL APPLICATION NO. 2004-03 . WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM Applicant: .: ~ - ~~ !. NAME t,ill i8.Tl R:mrrnft ADDRESS 409 Holcombe Street Recommended Action: APPROVE X DISAPPROVE . REASON FOR DISAPPROVAL DATE SUBMIIThD: May 4, 2004 . . . . RESOLUTION NO. 2004-91 APPROVING REVISED CONTRACT WITH JOHNSON CONTROLS, INC. FOR PREVENTIVE MAINTENANCE AGREEMENT FOR THE PUBLIC WORKS FACILITY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the Revised Planned Service Agreement with Johnson Controls, Inc, for regular maintenance for the City Hall's HV AC (heating, ventilation, and air conditioning) system in the amount of$5,170 is approved. This revised agreement changes the term from February 1,2004 - January 31, 2005 to January 1, - December 31,2004 and includes additional services for the same amount as the original contract. BE IT FURTHER RESOLVED, that this Resolution rescinds Resolution 2003-40, Approving Contract with Johnson Controls, Inc. for Preventive Maintenance Agreement. Adopted by the City Council this 4th day of May 2004. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk Alliance@ 'I J~HNSON CONTR~LS Customer Name Address City Building Stillwater Public Works 3325 Boutwell Road Stillwater Planned Service Agreement Agreement No. 4288-7041 . State MN Location Zip 55082 Proposal Loc. ID No, 04/12/04 Scope of Service Johnson Controls, Inc, (JCI or Johnson Controls) and the Customer agree that the services checked below will be provided by JCI at the Customer's facility. The Terms and Conditions. Assurance Services. E'1uipment listinQs, and Schedules included in this AQreement cover the riohts and oblioations of both the Customer and JCI, Primary Air Reciprocating Air Primary Heating Conditioning PRIME Premium Equipment Conditioning Basic Equipment Premium Facility Management Systems Premium Equipment x Basic Basic Basic Fire Detection & Management Systems Premium Associated Air Conditioning & Heating Equipment Premium Automatic Temperature Controls Premium labor Only Security Management Systems Premium Basic X Basic Basic Basic labor Only labor Onlv Facility Operations Maintenance Management Services Training Premium Basic Extended Service Options for Premium and PRIME Coverages On-site repair services will be provided during JCl's normal business hours, unless one of the following options is checked: 24-5 Extended Service - JCI will provide on-site response 24 hours a day, 5 days a week (Monday thru Friday, except JCI holidays). 24-7 Extended Service - JCI will provide on-s~e response 24 hours a day, 7 days a week (including holidays). Term/Automatic Renewal . This Agreement takes effect on January 1st 20 04 It will continue for an original term of 1 year(s It will automatically renew on a year-ta-year basis after the original term ends unless the Customer or JCI gives the other written notice that it does not want to renew. The notice must be delivered at least 30 days before the end of the original term or of any renewal year. Renewal price adjustments are discussed in the Terms and Conditions. Price and Payment Terms The total price for JCI's service during the original term of this Agreement is $5,170.00 annually. This amount will be paid to JCI in installment of $5,170.00 These payments will be due and payable when the Customer receives JCI's Invoice and in advance of the services JCI is to provide. JOHNSON CONTROLS, INC, CUSTOMER By M~ha~~ Service Team Supervisor Date By Jay 1. Kimble Signature Signalure Trtle Mayor Hie May 4, 2004 Date JCI Manager (proposal not valid unlil signed by JCI Manager) Dale This proposal is valid for thirty days from proposal date, (AS1) 4-"\O-RRllO Telephone Number JCI Branch Branch Address Minneapolis - 082 Branch Phone # 1801 - 67th Ave. N., Mpls" MN 55430 (800) 677-7650 Customer P.O. # Renewal Date 25776 Additional Terms and Conditions follow Form E9115 (Rev 09/92 . Additional Locations I Building I water Public Works Location Location I D # 3325 Boutwell Road Additions and Exceptions Equipment CoveraQe is Extended to Include: RTU-1, MUA-1 throuQh MUA-6, CPU-1, Exhaust Fans 1 throuqh 9 and Unit Heaters 1 throuqh 3. This aQreement includes quarterly visits to Stillwater Public Works buildinq to perform Preventative Maintenance on the listed equipment Not included in this agreement is equipment lift or man lift rental. This agreement assumes adequate lifts to be onsite for Johnson Controls Inc, use. T.Aie-agfcefflCf'r. :::1':7aSSl:IR=liS access to illl ixt:Jal:Jet fe.;,;, ;.:. dvc.:lclU:i:i !;li~1I :nstmi lLi:i l.,...~, Included in this agreement are condenser coil cleaning and filters according to the maintenance schedule ****Due to the late siQning of this contract the first inspection was not completed, Johnson Controls Inc and Stillwater Public Works have agreed that Johnson Controls Inc will QO throuQh and check the Make UP Air unit and duct heaters that where damaqed when the expansion __e. Johnson Controls Inc will pay for labor and material up to one quarter of the sell price of this contract If the cost's exceed one ~er of the contract sell price, Johnson Controls Inc will put a proposal toqether for the final repairs, If the cost to repair these units is under one quarter of the sell price of this contract Johnson Controls Inc will credit Stillwater Public works the difference. **** Labor rates for Mechanical work to be our published street rate~ currentlv $90.00/hr for JCI for CUSTOMER Form E9t15 (Rev 09/92) . TERMS Terms and Conditions 1) DEANmONS (a) COVERED EQUIPMENT means the equipment for which selVices are to be provided under this Agreement. Covered Equipment is defined by the applicable Assurance SelVices pages and Equipment Lists attached to this Agreement. (b) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic components that are part of the Covered Equipment and that are necessary for its operation, (c) SCHEDULED SERVICE VISITS include labor required to perform ",~~",-,;iv,lS and preventive maintenance on Covered Equipment. (d) SCHEDULED SERVICE MATERIALS include materials required to 1-"" f""" Scheduled SelVice VISits on Covered Equipment, (e) REPAIR LABOR includes labor necessary to restore Covered Equipment to working condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. (f) REPAIR MA TERtALS includes materials necessary to restore Covered Equipment to working condition following an Equipment Fa~ure and exdudes total equipment replacement due to obso;coo..c, M! or unavailability of parts. At JCl's option, Repair Materials may be new, used, or reconditioned, All Repair Materials are covered by the warranty as descnbed below, 2) SERVICE COVERAGE OPTIONS (a) BASIC COVERAGE includes Scheduled SelVice Visits, plus Scheduled SelVice Materials if elsewhere noted in this Agreement, for covered Equipment. (b) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material if elsewhere noted in this Agreement, for covered Equipment. (c) PRIME LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Materials if elsewhere set forth in this Agreemen~ for Covered Equipment consisting of centrifugal, absorption, or screw chillers, PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials if otherwise set forth in this Agreement, for diagnosed imminent equipment fa~ure as well as actual Equipment Fa~ure, PRIME LEVEL COVERAGE includes the following selVices and requirements. JCI will analyze diagnosOC tests including Pre-Vue VIbration Analysis, "I'O-u,^,ilernical oil analysis, and megohm readings, All diagnosOC tests must be 1-"" iv",.ad at JCI-prescIibed frequencies and to JCI-specified test standards, ff elsewhere noted Wl this Ag,cc, ,.,. " coverage wiD include Repair Labor and Repair Material for heat exchanger tubes if an Eddy Current Analysis, ~..,;,., to JCI, has been performed in the three years prior to this Agreement and is provided to JCI, or such a test wiD be performed as part of the Agreement Should JCl's analysis suggest the existence or the possbility of equipment ,1,."iv,o;;"'1I outside a.,~",J or O<NCf';"bIe conditions, JCI may at its option take corrective steps necessary to prevent further ,1,."iv.o~Vl1 or breakOOwn of the Covered EqujJment. JCI retains sole judgment over whether equipment conditions are considered o"""p"';"Ie, whether corrective steps should be taken, or what steps, if any, need to be taken, Peri",,,,,.. "'" of any corrective steps under this PRIME coverage is not a guarantee that Equipment Fa~ure or downtime wI] not occur. 3) EXTENDED SERVICE includes extended selVice for repairs and is available only if Customer has PREMIUM or PRIME coverage. The price for Extended SelVice, if chosen by Customer, is part of the total price Customer will pay, Should a defect be found during an Extended Service visit that JCI is not responsible for under this Agreement, Customer agrees to pay JCl's standard fee for any selVices rendered, Should Repair Labor or Repair Materials be performed in periods beyond the Extended SelVice period, Customer agrees to pay JCl's standard fee for any selVices rendered beyond the Extended Selvice period, CONDITIONS A. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES JCI will inspect the Covered Equipment within 45 days of the date of this Agreement or as seasonal or "'"'c, o;;"',lal conditions permit. JCI will advise Customer if JCI finds any Covered Equipment not Wl working order or in need of repair. With the Customer's approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition, This work will be done at JCl's standard fee for parts and labor in effect at that time, ff the Customer does not want JCI to do the work identified by JCI, or if Customer does not have the work done, the equipment will be removed from the list of Covered Equipment and the price of this Agreement will then be adjusted, B. WARRANTY JCI warrants that its selVices will be provided Wl a good and workmanlike manner and that parts repaired or replaced by JCI will be free from defects in workmanship, design, and material until the end of this Agreement or for one year, whichever is earlier. JCl's sole obligation shall be to repair or to replace defective parts or to properly redo defective services, JCI DISCLAIMS ALL OTHER WARRANTIES ON THE EQUIPMENT FURNISHED UNDER THIS AGREEMENT, INCLUDING ALL IMPUED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. SCOPE OF SERVICE Customer understands that JCI is a provider of selVices under this Agreement. JCI shall not be considered a merchant or a vendor of goods, If JCI installs or furnishes a piece of equipment under this Agreement, and that equipment is covered by a warranty from the manufacturer, JCI will transfer the benefits of that manufacturer's warranty to Customer if this Agreement with Customer terminates before the equipment manufacturer's warranty expires. . D. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI 1) The Customer warrants that, to the best of Customer's knowledge, all Covered Equipment is in good working cond~ion and that the Customer has given JCI all information of which Customer is aware conceming the condition of the Covered Equipment. 2) The Customer agrees that, during the term of this Agreement, the Customer will: (a) operate the Covered Equipment according to the manufacturer's ~t;VV1II1In::;II~~ns; (b) keep accurate and current work logs and information on the Covered Equipment as recommended by the manufacturer; (c) provide an adequate environment for Covered Equipment as 'c~, '" ..c"ded by the manufacturer or as recommended by JCI, including adequate space, electrical power, air conditioning, and humidity control; (d) notify JCI immediately of any equipment malfunction, breakdown, or other condition affecting the operation of the Covered Equipment; (e) allow JCI to start and stop, periodically tum off, or otherwise change or temporarily suspend equipment operations so that JCI can perform the services required under this Agreement; and (n provide proper condenser and boiler water treatment, as necessary, for the proper functioning of Covered Equipment, if such selVices are not JCI's responsibility under this Agreement. 3, The Customer acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any equipment breakdown, or any necessary repair or replacement, of any equipment. E, CHANGES TO CUSTOMER EQUIPMENT The Customer retains the right to make changes or alterations to rls Equipment. If, in JCl's opinion, such changes or alterations substantially affect JCl's selVices or obligations, JCI shall have the right to make appropriate changes to the scope or to the price of this Agreement or to both, F, ACCESS The Customer will give JCI full access to all equipment that is either Covered EquiPm.r associated with it when JCI requests such access, If access cannot be proVIded obligations under this Agreement will be suspended until such access to the equip provided, Matters affecting JCl's access to the equipment may include, but are not limrled to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other remedial actions taken by the Customer wrlh respect to equipment or to the Customer's facility. Suspension of JCl's duties for this reason will not cancel or suspend any of the Customer's obligations under this Agreement. G. EXCLUSIONS JCl's selVices under this Agreement do not include: 1) supplies, accessories, or any ~ems normally consumed during the use of Covered Equipment, such as ribbons, bulbs, and paper, 2) calls resulting from lack of operator-level preventive maintenance, s~e-related problems, or operator error, 3) service calls due to failures resulting from acts of God, abuse or misuse of equipment, or alterations, modifications, or repairs to equipment not performed or provided byJCI; 4) the fumishing of rnaterials and suppiies for painting or refinishing equipmen~ 5) electrical work to the Customer's facility necessary because of equipment; 6) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this Agreement; 7) the repair or replacement of ductwork, casings, cabinets, structural supports, tower filVsla1sibasin, hydronic and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled besis, and removal of ail from pneumatic piping; 8) service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance; 9) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in advance by JCI; 10) work caused by the negfrgence of others, including but not limited to equipment operators and water treatment companies; 11) selVice calls due to failures caused by improper environmental conditions affecting equipment or electrical power fluctuations, if due to conditions beyond JCl's control, and service calls required because JCI had previously been denied access to the equipment; 12) ~~I of hazardous wastes, Hazardous wastes remain the property and the . responsib~ityof the Customer even when removed from equipment or replaced by JCI as provided by the tenns of this Agreement, The Customer shall be responsible for the proper storage and disposal of hazardous wastes, This includes, but is not limited to, used oil, contaminated or uncontaminated refrigerant, and PCBs, H, 'JCl's EQUIPMENT JCI may provide tools, documentation, panels, or other control equipment in the Customer's building for JCl's convenience in pertorming JCl's servces, That equipment shall remain JCl's property, JCI retains the right to remove such ITems at any time during the term, or upon the termination of, this Agreement. INDEMNITY JCI and the Customer agree that JCI shall be responsible only for such injury, loss, or damage .Used by the intentional misconduct or the negligent act or omission of JCI. JCI and the stomer agree to indemnify and to hold each other, including their officers, agents, directors, and employees, harmless from al\ claims, demands, or suits of any kind, including all legal costs and attomey's fees, resulling form the intentional misconduct of their employees or any negligent act or omission by their employees or agents, The obligations of JCI and of the Customer under this paragraph are further subject to paragraphs J and K below, J, LIMITATION OF LIABILITY 1) Neither JCI nor the Customer will be responsible to the other for any special, indirect, or consequential damages, Neither party will be responsible to the other for J.,.,,,,~c, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence, of that party. Such conditions include, but are not limITed to: (a) acts of God; (b) acts of Government agencies; (c) strikes; (d) labor disputes; (e) fire; (ij explosions or other casualties; (g) thefts; (h) vandalism; (I) riots or war, or U) unavailability of paris, materials or supplies, 2) ff this Agreement covers fire safety or security equipment, the Customer understands that JCI is not an insurer regarding those servces, JCI shall not be responsible for any damage or loss that may resull from fire safety or security equipment that fails to perform property or fails to prevent a casualty loss, 3) JCI is not responsible for any injury, loss, or damage caused by equipment that is not Covered Equipment. K. ASBESTOS AND HAZARDOUS MATERIALS JCI's work and services under this Agreement exclude anything connected or associated with asbestos or hazardous materials, JCI shall not be required to pertorm any identiOCations, abatement, cleanup, control, or removal of asbestos or hazardous materials. The Customer represents that, to the best of the Customer's knowledge, there is no asbestos or hazardous material in the Customer's building that will in any way affect JCl's work. Should JCI become aware of or suspect the presence of asbestos or hazardous materials, JCI shall have the right to stop work in the affected area immediately and notify the Customer. The Customer will be responsible for doing whatever is necessary to correct the condition in accordance with all applicable statutes and regulations, The Customer agrees to assume responsibility for any claims arising out of or relating to the presence of asbestos or hazardous materials in the Customer's building, .'s EMPlOYEES ' e Customer acknowledges that JCl's employees are a valuable asset to JCI. The Customer agrees to pay JCI an amount equal to 12 months of salary for each JCI employee who worked at the Customer's facility that is then hired by the Customer at any time during the term of this Agreement and for 60 days thereafter, In addition, the Customer agrees to reimburse JCI for all costs associated with any training JCI provided to such employees during the three years before the date the Customer hires such employees. Form E9115 (Rev 09/92) . M. ASSESSMENT II is the Customer's responsibility to pay all taxes or other government charges relating to the transfer, use, ownership, servK:ing, or possession of any equipment relating to this Agreement. N. RENEWAL PRICE ADJUSTMENT JCI will provide Customer with notce of any adjustments in the Agreement price apprlCable to a renewal period no later than forty.five (45) days prior to the commencement of that renewal period. Unless the Customer terminates the Agreement as provided in the Term' Automatic Renewal provision of this Agreement, the adjusted price shall be the price for the renewal period, O. RESOLUTION OF DISPUTES ff a dispute arises, the parties shall promptly attempt in good faith to resolve the dispute by negotiation, All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at that time, except as modified herein, All disputes shaH be decided by a single arbllrator, A decision shall be rendered by the arbitrator no later than nine months after the demand for artJitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award, No discovery shall be permitted. The arbitrator shaH issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest state of federal court having jurisdiction over the matter. The prevailing party shaH recover all costs, including attomey's fees, incurred as a resull of the dispute. P. MISCELLANEOUS PROVISIONS 1) Any notice that is required to be given under this Agreement must be in writing and sent to the party at the address noted on the first page of this Agreement, 2) This Agreement cannot be transferred or assigned by either party without the prior written consent of the other party, 3) This Agreement is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. 4) Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that II is an amendmen~ change, or modifications to this Agreement. 5) The Customer acknowledges and agrees that any purchase order issued by Customer, in accordance with this Agreement, is intended only to establish payment authority for the Customer's internal accounting purposes, No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this Agreement No term or condition included in the Customer's purchase order will have any force or effect. 6) Should any changes to relevant regulations, laws, or codes substantially affect JCl's Services or obligations, the Customer agrees to negotiate with JCI for appropriate changes to the scope or price of the Agreement or both. J~HNSON CONTR~LS Johnson Controls,lnc, Controls Group 1801 6ih Avenue North Minneapolis, MN 55430 Tel. 763/566 7650 FAX: 763/5662208 April 13, 2004 J~HNSON CONTR~LS Chantal Knauss Stillwater City Hall 216 North 4t1l Street Stillwater, MN 55082 Dear Ms, Knauss, I have enclosed our revised Planned Service Agreement for the Public Works building for your review. Please sign one copy of the agreement and return the document to me in the enclosed self-addressed, stamped envelope. The other copy is for you to keep for your records. If your organization has or will need to issue a purchase order, please enclose a copy of it for our records, This will ensure that it is referenced on related invoices. Thank you for your continued support of Johnson Controls. If I can be of any assistance to you, please do not hesitate to call me direct at 763-585-5028. Sincerely, JOHNSON CONTROLS, INC ll' / I /TH ", --'''"> . . .il} CI~{L(t L?:PI t!irf~~-~ Michelle Barootian Service Admin Specialist \".- , . . . . . . April 27, 2004 Tn \\'hom It May Concern: The Bayport Legion is pursuing other gambling sites in the St. Croix Valley. We want to put the funds raised from the revenues back in the community where they belong, This includes city tax and excess revenues for scholarships and funding for grade school and Fire Department needs. (We project this will be in the thousands of dollars.) We also request someone from the city administration to sit on a committee to help expedite these monies. Sincerely. t(/~ ~~ Wayne,~ Peterson Post 491 Gambling Manager ,Minnesota Lawful Gambling LG214 Premises Permit Application (see Required Attachments on Page 2) Annual Fee $150 6/03 Page 1 of 2 FOR BOARD USE ONLY Check # $ Organization inform~tion O~ization name n ~LJ/f)vf-AmeV'IGJ~ L,~ ~ ros+ l./9.J Name of chief, executive officer (CEO)-l . R,dtall'd EcleY' Gambling premises information Name of establishment where gambling will be conducted 5J.,~i)(C~b~.f- t1J.,-J~f'L ~~_ . aty or township ,<~-B11 b)dli-~ V- Does your organization own the building where the gambling will be conducted? _Yes )LNo If no, attach LG215 Lease for Lawful Gambling Activity . Orjanization license number !l:/?/Jl/67-00 I Daytime phone number ~Sl- 773 -Q'f83 Street address (do not use a P.O. box number) 3L7 SOU-~ ~4-veef- County Zip code lA)p ,cf.. , 5S"'e 82- Gambling bank account information Bank name Bank account number UVS4-SWeJi3~h)(~+-~~ Bank street address ,/ City State/Zip code C,SO IJn~ J.!w 61 s: ~(-~v+- mJ1. :5S"OtJ.3 Address(es) of off-site storage space of gambling equipment related to this site Address (Do not use a P.O. box number) City State/Zip code ~1c3 Jj,v4J" ~ til3.4... Bcty,tJo-r1- mV1. 6S~o'? . Bingo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion must be at least 1-1/2 hours, not to exceed 4 hours. No more than 10 bingo occasions may be conducted per week. ~ Beginning/Ending Hours ~ .6eginnil19lEnclina Ho.urs to to to to to to to to to to Noon hour bingo Noon hour bingo must be conducted between 11:00 a.m. and 2:00 p.m. on a leased premises which must have a license for the sale of Intoxlcatfng beverages on the premIses under chapter 340A. Check the day(s) that noon hour bingo wJ1J be conducted. _SUnday _Monday _Tuesday _Wednesday _Thursday _Friday _Saturday . . . Your name and address will be public i"f""",ation when received by the Board. All the other Information that you provide will be private data about you until the Board issues Acknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I declare that:. 1. I have read this application and all information submitted to the Board is true, accurate, and complete; 2. All required Information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the change; and 7. I understand that failure to provide required Information or providing false or misleading information may result in the denial or revocation of the license. 6?~"I'O ~ Signature of Chief Executive Officer (Designee may not sign' ({ / c. J+,qll..d LG214 Premises Permit Application , Data Privacy The 1..(",. ...atlon requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications t6 be Involved In lawful gambling activities In Minnesota, and to assist the Board in conducting a background Investigation of you. You have the tight to refuse to supply the Information requested; hOWever, If you refuse to supply this Information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit If you supply the information requested, the Board will be able to process your application. This form may require the disclosure of your social security number. If so, your sodal security number will be used to dt::~ ",ine your compliance with the tax laws of Minnesota. Authorization for requiring your social security number Is found at42 U.S.c. 405 (c)(i). Print name EdEfL., Required Attachments 1. If the premises Is leased, attach a copy of your lease. Use form LG215 Lease for lawful Gambling Activity. 2. Attach the resolution from the local unit of government (city or county) which shows approval of your application. 3. For each premises permit application, a $150 annual premises permit fee Is required. Make the check payable to the "State of Minno;.;)U~." Man the application with attachments to: GamblIng Control Board 1711 west County Road B, Suite 300 South Rosev111e, MN 55113 Page 2 of 2 6/03 your premises permit When the Board issues your premises permit, all of the Information that you have provided to the Board in the process of applying for your premises permit will Lc.w...e public except for your social security number, which remains private, If the Board does not issue you a premises permit, all the information you have provided In the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your consent. '-1- '7-0 ;/ Date NOTE: There is a monthly regulatory fee of 0.1% (.001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the Gl Lawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? Call the licensing SectIon of the Gambling Control Board at 651-639-4000. If you use a IT(, call the Board by using the Minnesota Relay Service and ask to place a call to 651-639- 4000. This form will be made available in alternative format (i.e. large orInt Braille) uoon reauest RESOLUTION 2004-92 , APPROVING MINNESOTA PREMISES PERMIT FOR GAMBLING FOR BAYPORT AMERICAN lEGION POST 491, lOCATED AT ST. CROIX CRAB HOUSE, 317 SOUTH MAIN STREET, STillWATER, MN WHEREAS, the American Legion Post 491 has submitted an application to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at St. Croix Crab House, 317 South Main Street, Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approves of the gambling license located at the St. Croix Crab House, 317 South Main Street, Stillwater, MN, as requested by the American Legion Post 491. The Clerk is directed to attach a copy of this Resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 4th day of May 2004. - Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . STAFF REQUEST ITEM . Department: MIS I Date: April 28, 2004 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a Canon Scanner DR-6080 for the document imaging system. 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) There was $8000 allocated in the 2004 capital outlay budget for a new server for the document imaging system. However, it has been determined that the need for a new scanner is greater this year than for a server. The cost of the scanner is $8,200 plus tax. There will be some saving in other areas of capital outlay that cover the extra cost of the scanner. In 2005, we will be requesting money for the new server. 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: 5/4/04 . MI4RICA BUSINESS SYSTEMS Price Quotation Customer Name & Address: 2500 Broadway Street N.E. Minneapolis, MN 55413 Phone (612) 378-3800 Fax (612) 378-3100 WWW.MID-AMERICA.COM City of Stillwater 216 North 4th Street Stillwater, MN 55082 IDate: F.O.B. PO#: ISales Rep: I Expiration: ITerms: ITaxable: 'Item Part # <,>tv . Descriution Unit DOCUMENT SCANNER OPTIONS: A Canon Scanner DR-9080C: Canon 9080C Scanner wi VRS Technology- 90 ppm, duplex scanning, software VRS, Color, SCSI board & Cable DocumentumlLegato ScanXtender 1 1 Sub Total Less Discount Discounted Total Annual Maintenance Fee 36 Month FMV Lease Option B Canon Scanner DR-6080: Canon 6080C Scanner wi VRS Technology- 60 ppm, duplex scanning, software VRS, B & W, SCSI board & Cable DocumentumlLegato ScanXtender 1 1 Sub Total Less Discount Discounted Total Annual Maintenance Fee 36 Month FMV Lease Option All Scanner Pricina Includes: - Installation by authorized Mid-America personnel - Complete setup and implementation by authorized Mid-America personnel - On-site training by Mid-America personnel - Lease pricing includes scanner maintenance throughout lease term - Sales tax not included in lease pricing Protect your investment with a Service Contract. Call Mid-America Today at 6]2-378-3800 Authorized Signa LUre Date 4/2~, ~ Kevin Heath 30 Days Net 30 Total Pric~ $11,759.00 ($1,500.00) $10,259.00 $1,1.0 $431.00/Mo. $9,350.00 ($1,150.00) $8,200.00 $1,095.00 $358.00/Mo. . . . . STAFF REQUEST ITEM I Department: MIS I Date: 4/28/04 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of four Dell computers. These computers will replace computers in the Inspections and Public Works Departments, This complies with the computer replacement schedule for 2004. 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 cost per computer is $1677.87 for a total of $6,711.48 plus tax. Money for these purchases was allocated in the 2004 capital outlay request. 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: 5/4/04 1~888-694-1402 Page 1 of2 Current Orderform Ii Retrieve E-Quote I Help Minnesota State Store - Contract # 425038 I 92-00151 WSCA Full Catalog I Standard Configurations I Special Offers I Software, Peripherals Be Parts Your current E-quote Number: E004353004 Detail Help with E-quotes (Click Here) Dell recommends Microsoft@ Windows@ XP Professional Description 1 Dell Dimension 8300 Series Pentium@ 4 Processor with HT Technology 3GHz w/800MHz FSB . Microsoft@ Windows@ XP Professional Ii> edit this item Ii> delete this item View Options: Total Price*: $6,711.48 IP add item to your E..quote E-quote E004353004 Details Saved By Saved On Expires On Phone Number Description Notes 1 Comments Purchasing Agent's Name Notes I Comments . (:" View Order Summary (" View Order Details Quantity 14 Unit Price $1,677.87 Item Total $6,711.48 IP update Total Price* $6,711.48 Rose M Holman(rholman@ci.stillwater.mn.us) 4/27/2004 6/11/2004 (651) 430-8804 cindy john sheila chris . . 41? 71? O()4 fi1p.l!r,\f)nrTTMP_1\rhnlITl~n\T nr A T'i_l \TpITln\R71FRKOP htm . . . CONTRACT THIS AGREEMENT, made May 4,2004, between the CITY OF STILLWATER, a municipal corporation within the County of Washington, State of Minnesota, mailing address of216 North Fourth Street, Stillwater, Minnesota 55082, ("City"), and V ALLEY CRUISERS, INc. a Minnesota non-profit corporation ("Contractor"). SECTION ONE SERVICES TO BE PROVIDED Contractor will provide the City of Stillwater park clean up services at Kolliner Park, S1. Joseph Township, S1. Croix County, Wisconsin. Contractor, its agents and employees are not authorized or deputized to enforce laws or ordinances in the Park and must contact law enforcement professionals to remedy any disturbance or mischief. SECTION TWO PLACE OF WORK AND INSURANCE The services will be rendered in person and in a house boat belonging to Contractor, when necessary. Contractor will at all times maintain insurance coverage on all persons, vehicles and watercraft used in the work. SECTION THREE TERM AND TERMINATION The term of this Contract will commence on ice out on the S1. Croix River, and will continue until freeze up. Either party may terminate this Contract at any time and for any reason without any liability to the other. SECTION FOUR COMPENSATION No compensation will be paid by the City and in lieu thereof, Contractor may beach its houseboat with related tools and equipment needed for clean up operation on City property on the Wisconsin shoreline. SECTION FIVE QUALIFIED PERSONNEL Contractor promises that only authorized persons may be assigned to perform the work. SECTION SIX RELATIONSHIP BETWEEN PARTIES The Contractor or any agent or employee of the Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its 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 procedures and will maintain all permits required for the work under Minnesota, Wisconsin and Federal law, SECTION EIGHT INDEMNITY The Contractor will be responsible for any damages incurred in connection with services under this Contract. Contractor will not be liable for failure to provide or delays in providing services. The Contractor agrees that it will defend, indemnify and hold harmless the City from any liability, loss, damages or costs that are the fault of the Contractor and that grow out of the servIces, SECTION NINE 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 TEN WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING . No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION ELEVEN NO ASSIGNMENT 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 TWELVE GOVERNING LAW This Agreement is governed by the laws ofthe State of Minnesota. . 2 . . . IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. Dated: May 4, 2004 CITY OF STILLWATER Jay L. Kimble, Mayor Diane F. Ward, City Clerk Dated: V ALLEY CRUISERS, INC. . 2004 By: Its President Approved by City Council - Resolution No. Dated: ,May 4, 2004 3 RESOLUTION 2004-93 . APPROVAL OF THE 2004 AGREEMENT WITH VALLEY CRUISERS BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement between the City of Stillwater and Valley Cruisers for the maintenance of Kolliner Park, 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 4th day of May 2004. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . .' . KOLLINERPARK Jim Gannon presented the activity level for Kolliner Park. It was a mild summer, no problems arose and the area was cleaned a few times and mowed periodically. Many boats docked and spent the night afterwards leaving the area clean. St. Croix County Police reported no incidents in the park. Motion made by Board Member Amrein seconded by Board Member Flinn to recommend to Council to approve the agreement with Jim Gannon for maintenance of Kolliner Park for the year 2004. Motion passed unanimously. SHAKESPEARE IN THE PARK Joshua Nelson, Associate Director with The Globe of America was present to request the use of Pioneer Park bandshell and the park space around the bandshell for Shakespeare in the Park, August 5-22, 2004. They would also like to store a trailer behind the bandshell similar to last year. Board members approved the bandshell be open past 9 pm and no fee be required for this special event. Motion made by Council Representative Gary Kriesel seconded by Board Member Flinn . to approve Shakespeare in the Park. Motion passed unanimously. APPLICATIONS FOR SPECIAL EVENTS Four special event applications that were reviewed: Spring Art Fair being held May 14-May 16, July 4th Fireworks, Lumberjack Days being held July 20-July 26 and Fall Art Fair being held October 1-3. There was discussion regarding the rates for special events. The rates are $500 per event with a $250 refundable damage deposit. There was discussion regarding alcohol control, size of event and costs for Lumberjack Days. Council Member Kriesel stated he would like to see family events in the south end of Lowell Park during Lumberjack days (south of Chestnut Street). He will take that idea to Council. Contracts will be developed and presented to Council for review for each special event. Motion made by Board Member Snellman seconded by Board Member McGarry to approve the special events upon Council review and approval of contracts. Motion passed unanimously. PARTNERSHIP OPPORTUNITIES WITH SCHOOL DISTRICT . Community Development Director Steve Russell reported that Paula Laidig contacted him and stated the school district has received a donation/grant for $1 million for an early childhood education program facility. A meeting has been set for February 4,2004 at 3:00 p.m. A YMCA representative will also be coming to this meeting. . . . MEMORANDUM TO: Mayor and Council FROM: City Administrator Hansen SUBJECT: Ordinance Amending Fence Regulations DATE: April 30,2004 It was recently brought to my attention that the Council had adopted a first reading of an ordinance amending the City Code regarding fencing requirements for swimming pools that would provide for "child protection devices" in lieu of fencing. The first reading came to the council without staff input, but did receive the unanimous support of the Council. My memory is that staffwas directed to provide input prior to a second reading. Unfortunately, and due to our oversite, this matter was not brought back to council in a timely manner. For that we apologize. Staff has now had opportunity to review the matter and has not found any such child protection devices that would adequately provide the protection of a fence. The staff therefore recommends the ordinance remain unchanged until such devices are commercially available. Enclosed for your review is a copy of pictures of a pool closure device. As the picture shows it does cover the entire pool and apparently can support the weight of a child. The concern is that this is a device used for seasonal closure and it would be highly unlikely that it would be used each and every time a pool is not in use. Also enclosed is a copy of the proposed ordinance as drafted by City Attorney Magnuson. RECOMMENDATION Council decision on second reading of ordinance. ~OOP-LOC mesh safety cover, Loop Loc, Mesh winter pool covers, loop~loc winter covers Page 1 of: HOME I 1'001 LINKS I POOL INFO 1 pOOL,~TORE 1 POClLi'i\LK l~EARCH ] P()()L,Pf\RTS 1 PCl()LTECllSl;j;P()RT _ _".;:;""~~.,i,t?:i';~~ ~ :"'.~_ ," -",~_:..-::,~-J'~'::,i;.;;; ~0 ~. ---;:"~_'6,i;0""i.,~:~ _'y , ~~5 j:~~' ""'!!l: -',=,.~7?-i";~' "" '11< ..-~- ";:Jio':!t ill~:~!!.' :l!-----,," li;..-~,;;.i'\ ;,:r.__-_~ !l;;-~~' C'li. '"~~~1'~t>~- :;'~~;~~~:-::i\::~;?~~~:~~: ^~:;'-,-:7~.ff~t:;::~-, ~-:~~~~~~ .':~" <w~~~,,; The LOOP-LOC safety cover is THE mesh pool cover. Winter pool covers by loop-Ioc protect your swimming pool. Besides the world renowned reputation for quality, its ' tradition of durability, reliability and trusted performance, we've got IVVENIYREASQNS for you to insist on a ' genuine LOOP-LOC Safety Pool Cover for your pool., A solid pool cover looks innocent enough when you putit on. But after the first rain, it turns into an ugly, messy, slimy monster that inhabits your backyard all winter long. Pool covers that are solid allow rainwater to collect on top, along with dirt, debris, leaves.and many g creatures from algae to frogs to snakes. The resultis a mess that requires frequent pumping, . maintenance and heavy duty cleaning through the winter and a major job when opening the pool. This mess can be hazardous as well as being an eyesore. A child, petorwild animal wandering onto a solid cover can become trapped as water rushes to the point of their depression in the cover. Slippery algae and I or tearing of the swimming pool cover make escape difficult and possiblytatal. i' A LOOP-LOC swimming pool safety cover is different. It's made of a fine mesh polypropylene that allows rain water and snow melt to pass slowly through. Before putting the cover on for the winter, the water level is lowered 12-18" to allow for the winter buildup of precipitation. ' The tight weave of the nearly indestructible fabric keeps out all but the very finest dust. Dirt and debris blow away, so the cover always stays dry and neat looking...no slimy monster. The LOOP-LOC is designed to hold taut to the exact shape ,of the pool with stainless steel springs and solid brass anchors that screw down flush to deck level when the cover is not in use. Adry, taut cover that never needs pumping and will support the weight of an elephant is a lot safer for children (& elephants) to be around; LOOP-LOC pool covers are so well made that they come with a Ten year warranty. You'll never have another sleepless night wondering what's crawling ~,,,,,,.- ~..r.s~"'-' lttp://www.poolcenter.com/looploc.htm 4/301200, . . . Mesh Pool Cover is designed as a winter safety cover. They are cumbersome to move - extremely difficult for one person to handle. To put on - in Fall: 1. drag cover over pool - float on surface 2, put springs on straps 3. using a hex-wrench - pop up the brass anchors (30+) 4. with special installation rod - stretch and attach springs on the anchors This is not a bad job considering you only need to do this once a year in the Fall. (reverse procedure in the Spring). Two people could do this in approximately 45 minutes. Not a process someone would do everyday - let alone every time you are away from the pool. . . e ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE; CONSTRUCTION OF SWIMMING POOLS; FENCE REGULATIONS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendin!! The fence regulations found in Chapter 33-2, Construction of Swimming Pools, of the City Code are amended as follows: City Code Chapter 33-2, Subd, 14, Fences, is amended to hereafter read as follows: "All swimming pools must be provided with safeguards to prevent children from gaining uncontrolled access, This may be accomplished with a cover, fencing, screening, or other enclosure or any combination thereof of sufficient density and strength as to be impenetrable. If fencing is used, all fence openings or points of entry into the pool area must be equipped with gates, The fence and gates must be at least four feet in height and constructed of a minimum No, 11 gauge, woven-wire mesh, corrosion-resistant material or other material approved by the building official. All gates must be equipped with self-closing and self-latching devices placed at the top of the gate or otherwise be inaccessible to small children. All fence posts must be decay or corrosion-resistant and set in concrete bases or other suitable protection. The openings between the bottom of the fence and the ground or other surface may not be more than four inches." and replaces the following Subd. 14, which reads as follows: "feRces, .".11 s'/,immiRg pools must l:le eompletely eReIosed by a RoncJi:.r:l:ing fen:::>, .".11 [enee 0peRings or points of entry into tHe pOv! arE:: ml:lst be E~:i~ ,vitli gatE3. :~e fence aNd gates ml:lst be at least faa: :feE :r. !:~ight and eonstrl:lated of a minimum N8. I ~ gaap, \voyen Wif:: 1*:133, ceHe5ic: :<lsistant materiel e-r ~ther mat::~::-! Jpproyed by tHe bl:lilding offiah!. .^J~Es :T.:l3t--ge ~::ij:r<ld witA self elosir:;; a::a-self lat::hiRg devie::::: ;::Iasea ::{ t!:3 top of the gate or otherwise be iRaeeess:il:: t8 3:::::11 cIH-Hk:::r.. .^-ll [eRee }'lasts must 8E 93cay or eorrosioR ::yd.c::t :tf:j set iR eOReret;; :a:\:Is or other :::l:Iittl3 protectio.-:. :h ~65 !:2tweefl the bott;}fF. ~: tt:: :eRee afId the ;;r::a::d or other 3-'.lr;~a;; Sl..::y ftet.-b€ :E0ra-t!:::r: :f3:Y. ir.~ 2. Savin!!., In all other ways the City Code will remain in full force and effect. 3. Effective Date, The regulations established in this Ordinance apply only to fences built or replaced after the effective date of this Ordinance, This Ordinance will be in effect from and after its publication according to law. CITY OF STILL WATER Jay Kimble, Mayor ATTEST: Diane F. Ward, Clerk .". f . . . April 26, 2004 Stillwater City Council 216 Fourth Street North Stillwater, MN 55082 On October 21, 2003, the City Council of Stillwater authorized the grant application for the Principal Financial Group Historic Gardens Project and approved a matching amount up to $3,000.00 to the Pc,:..c,:...mal Garden Club of Stillwater, Trillium Chapter. Two applications for grants - The Alexander Ramsay House and Gideon Pond House - were issued in Minnesota.. Unfortunately, as it states in the attached letter, we did not receive a grant. We feel that a sprinkler system would greatly help us in maintaining the historic rock garden and ask, at this time, if the City Council would consider supporting our project for the total amount of $6,000.00. The cost of the project is explained in the attached information. We app:.."""iate your consideration and will look forward to hearing from you. R,~~ectful~y, 1/. ,\., {)lt1Vywt_:-::t..t'~'/ c\ Donna Fearing, Trillhnnthapter Member 1425 Riverview Drive Stillwater, MN 55082 651-351-7554 ... , National Garden Clubs, Inc. . 12325 Hattonloint Road Fort Washington, MD 20744-7014 February 22, 2004 Dear Historic Garden Grant Applicant, National Garden Clubs thanks you for your participation in President JWle Wood's Historic Gardens Project. Your application for a grant from the Principal Financial Group was certainly worthy of a grant; your project has been well planned and has historic merit. The applications were of such high caliber ~tthe four judges from different NGC Regions rarely agreed on the most outstanding entry within a state. Scores were averaged to determine winners. Unfortunately, with over four hWldred applications and requests for well over nine hWldred thousand dollars, we were only able to fund about one in four applications- and many of those received only partial funding. I regret that your club, along with mine, is among those which will not receive a grant during this administration. '--; Your project is a good one. I do hope that you will find other sources of financial help, as meaningful projects bring respect for our garden clubs and encourage others to join our . community efforts. Perhaps one of these ideas will work for you: a raffle for a garden bench or piece of sculpture; a 50;.50 cash raffle; ask people to buy a foot of fencing or walkway or a rock; an adopt a plant campaign; pruning service; plant or garden sitting; a repotting service; a garden club benefit night at a local theater production; ask people to donate all those pennies they don't want to wrap; a plant and white elephant sale at a school fair; a centerpiece service; sell wreaths or corsages made at a club workshop; birthday or memorial gift options; ask concrete contractors to use left over material for your prepared walkway, rather than disposing of it; stop at work sites and ask if left over bricks can be saved for you to use as a bench pad, etc. Again, thank you for your support of this "Preserving the Past-Forging the Future" project. Your efforts in support of National Garden Ciubs are truly appreciated. With every g09d wish, -- ... \.....~~OJ'-../ Shirley Nicolai, Chairman . * recycled paper .? f . Perennial Garden Club of Stillwater Trillium Chapter Stillwater, Minnesota Federated Garden Clubs of Minnesota Member of National Garden Clubs 25 Club Members InstaUation of Sprinkler System at Historic Rock Garden, Stillwater Cara Torseth 1303 West Willard Street Stillwater, Minnesota 55082 651-439-4827 eara torseth(ii)eo IDeast. n et . Project Manager, Rock Garden $3,000 Request ,1 . '--- , Perennial Garden Club of Stillwater appreciates the opportunity to apply for a grant from the Principal Financial Group to install a sprinkler system at the historic rock garden located downto~ adjacent to the original post office and across the street from the historic Lowell Inn. Stillwater, the 1854 birthplace of Minnesota, is located on the banks of the Saint Croix River, also the boundary between Minnesota and Wisconsin. It has become a destination town with visitors enjoying boat cruises, gondola rides, narrated trolley rides, Victorian homes and mansions, many antique shops and is registered as the "Used Book Capitol of the World". . Many newlyweds and visitors stay downtown at the historic Lowell Inn. Our garden club has maintained the historic rock garden across from this Inn since 1962. This garden is heavily visited by tourists and townspeople alike - even being the scene of weddings. The park was originally the site ofa watering trough and hitching post for visiting horses. In 1935 the Farmer family donated the land to the city for a park to be open to all, and in 2001 a cloud was removed from the title of this small rock garden. Our club maintains the garden, plantings, water fall and drinking fountain. Every member of the club is expected to work one month a year in the garden and we achieve 100% participation. It is a condition of membership. In addition to dues, we have a Sp.l~..g plant sale using per\:.lll.ill.ls from our gardens as a fund raiser. We use some of the proceeds to maintain this garden. The rest is divided between meeting speakers and horticuhural scholarships. Businesses occupying . adjacent buildings have also occasionally supported our work with stipends for plant purchases. The physical arena-style layout of the rock garden is, in essence, a container garden. In many places we are working in no more than one inch of soil on a 40% grade. This means we need to water this garden with a hand-held hose every day. The opportunity to install a sprinkler system is very appealing. Irrigation By Design has designed a system that rings the outside of the garden to minimize disturbance and maA';"'.....;ze water coverage. An adjacent business, W. R. Medical Co., is allowing us to mount a secure control box on their building and donating ongoing electricity to run the controller. The city Water Board is donating the water for the ~pJ..:...Jder, as it already donates the water for the c\:.u.L.al waterfall. They have agreed to open the system in the Spring when they open the waterfull and use their cVH'P..essor to blowout the system in the Fall (a $140 yearly savings). The City of Stillwater is very encouraging ofus and has agreed to match any funds we receive from The Principal Financial Group. Estimate ofIrrigation By Design Estimate of plumbing hookup to city water $4,240 300 . .... Estimate of electrical hookup to Control box Estimate to remove Juniper shrub and Restore garden to pre-construction condition 30 hrs. labor by Garden Club members @ $6.00 an hour Plant Material to restore garden Cushion to pay for repairs ($68.00 Hour) 300 I . donated 600 500 Total $6.000 We appreciate Principal Financial Group's commitment to historic sites. We are proud of our longstanding and ongoing commitment to this historic site and grateful to be able to apply for these matching funds. .. RESOLUTION 2003.223 AUTHORIZING THE GRANT APPLICATION TO HISTORIC GARDENS PROJECT , . BE IT RESOLVED, by the City Council of Stillwater. Minnesota authorizes the grant application for the Principal Financial Group Historic Gardens Project and approving a matching amount up to $3,000. Adopted by the City Council this 2111 day of October, 2003 ;'!. ,t." /5/ Jay L. Kimble Jay L. Kimble. Mayor ATTEST: ~~JuJ~" DIane F. Ward, City Cleft( , ~ . :"!' .. t :'; ~'" I;,",,, : .~' ." ,~ .,. . IRRIGATION BY DESIGN, Inc. Award -Winning Professionals In Landscape Irrigation October 16,2003 Mrs. Cera Toneth 1303 W.WiDiard Street Stil1water, MN 55082 Mrs. Tt"" .,1", TbaIIk you for visitiu8 with me ~ "".; .,,0)' to disaIsa an irrigation installation It F..,..:, I Garden Club of Stillwater; prden, downtown StiI1water. This letter is "",.,.... peryour' request for. COlt and d ,,' .,t:" , ofmaterial use for irriptioD lftsVohtintt for tbe prdea. Tbe irrigation installation sbaI1 include; 5-6 Rain Bird Turf rotor heedI, 1 RaiD Bird . .,.,.1 VII've, 1 Rain Bird SSP LX master ,.,,,. ~ aD necessary pipiIIs, wire, fittinp. ID~ 1Ibor, Not incIudocl in the below estimate is DeOeI8II'Y pIumbiDg work and J",,'.J work IS cIiscus8ecl in the prdea on 10.15-03. Our budget for the above descn'bed irrigation iDstaDatIon is $4,2.-0.00 TbaIIkyouapiDforthe "'" ,', .lIIitytoworkt.'/I.l.", Please caD me It 763-559-ml with any questions or . "". ".., '" Cordially, JOIIItban Ie. Mastel Iniption By Desip,inc, cc: Jakramer@mIIl.com 14070 23rd Avenue NQrth'Plymouth, MN SS447 163-~~9-7771163-SS9-m9 fax . , . Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director V April 30, 2004 Parks Board Moto Cross Special Event Recommendation The Parks Board reviewed the Moto Cross event request at their meeting of April 26, 2004. Based on the short duration of the event (4 hours of 1 day) and subject to city departments requirements, i.e., porta potties, crowd control, insurance, etc., the Parks Board recommended the event to Council for a one-year trial. Attachments: Moto Cross Information . . .', ""j(:"'~-' "'(~' " I .. CJ .' . TOM CAT & FULL I J.L T FMX SHOW SATURDAY, JUNE 5TH DOWNTOWN S I iLLW ATER . '''', ,,' " .",!I'...._l!!'1'"",._,~lill","'"'''' . , ~i , "', . Multiple X Games medalist and Freestyle Motocross pioneer Tommy Clowers and his partner in crime Jeff Tilton plan to storm into downtown . Stillwater on ,Saturday June 5th to put ana, FMX raDlP to ramp show!! . Tommy and Jeffwill bring their ramps to the chosen site to perform 220-25 minute FMX shows. These shows will include all of the amazing tricks that are perfvuued at the X Games and Gravity games. There will be exciting music and a professional announcer incorporated into the program as well. A meet and greet autograph session with the athletes will take place immediately after the shows. You can rest easy knowing that when Red Bull attached its name to a product it's only handled one way, the RIGHT way!! . This will be a FREE show to the public, encouraging fans of all ages to spend the day in Stillwater. We would be flexible as to when you would like the shows to be run. This is truly a turn-key event, Tommy and Jeff are at a 'point where they can almost run this program in their sleep! The requirements are as follows: Area 300 feet x 40' Ground- Any hard, fairly level surface Set uplbreakdown is approximately 45 minutes Fencing around the 300x40 perimeter 2-3 port-o-potties There will be NO vending. . If you would like to do concessions, you are certainly free to do so. We would only ask that Red Bull is served. This event will be REA VIL Y promoted throughout the region at a grass . roots and local media level. We will be targeting Motocross. : Associations to distribute collateral to. Posters will be printed aDd distributed throughout the area. We will work with our media partners to promote the event. We look to make this a day that the town of Stillwater will remember for years to come!!! Total Value: $25,000 + . Investment: $ 0 I' ,4- . . Memo To: From: Date: Subject: Mayor and City Council V Steve Russell, Community Development Director April 30, 2004 Audubon Request to Dock Boat at Stillwater Levee The Planning Commission reviewed the request from Audubon at their meeting of April 12, 2004. They felt the use was consistent with the use and of Lowell Park river setting and recommended approval of the request. Attachments: Request for approval for wharfage permit for special event on Saturday, July 10, 2004. . . ~. d" Au U Jon - ,.. '.,~~. ~ . ",. ._-,~--,- i....~~ ,~ ~\ . rD Upper Mississippi River camP.i n Main Office 235, \'entura Drive, Suite 106 Woodbury, Ml': 55125 Tel: 651-739-9332 Fax: 651-731-1330 www,audubol},org . Mayor Jay Kimble & City Council City,ofStillwater 216 North 4th St. . ,. , Stillwater MN 55082 '. April 9, 2004 Great River, Birding Trail . Coordinating Office 1,07 Main Street, Suite 105 La Crosse, WI 5.f601 Tel: 60S-,8.f-2992 Fax: 60S-78.f-.f.f58 Dear Mayor Kimble, and Council, C)IR Campaign Field TrIp . Coordinating Office p.o. Box 309 )IcGregor, IA 52157 Tel: 563-586-2621 . On behalf of Audubon's Upper Mississippi River Campaign, and our partners in the St. Croix Valley, we are seeking approval of a 'Special Event' request. Since 1999 Audubon has been working to promote the Upper Mississippi River and its watershed as a place where people prosper, and birds, fish and wildlife thrive in a healthy environment. 2004 will mark, our sixth summer of Audubon Ark voyages on the Mississippi River, and this year we would like to include the St. Croix River, and City of Stillwater in our schedule. The Audubon Ark is our flagship program, and through it we work to promote our vision by informing people about the national and international ecological importance of the watershed. Additionally,we take direct action at selected urban, rural and natural places to protect existing . habitat and restore lost or degraded habitat. We work locally aDd nationally to influence public decisions and actions that affect the quality of the water, the health of the soil, and the ecological value of habitat. In addition to the above, we recognize Stillwater as having a rich history of river-boat commerce and boat building. Our boat, the Lilly Belle, would be right at home on the Stillwater levee - I will include herewith a 'fact sheet' about the Belle for your information, and a formal docking request with dates and a brief description of the event. Discussions with partners for a visit to Stillwater have so far included the Greater Stillwater Chamber of Commerce, National Park Service, and the task force on Important Bird Areas in the St. Croix River valley. We appreciate. your consideration of this request and would welcome ,an opportunity to discu~s this proposal with the Council, 89 that it might best support our mutual interests.' ' l ] t I ! &. ~ Y7!1' D~ Audubon Ark Fleet Manager . .' ~ c o ] c 'r;: ... . . f AI' ; . . . April 9, 2004 -.....III .-t..... . To City of Stillwater, Minnesota ,. ~~~:..~::.: REQUEST FOR DOCKING PERMISSION Name of Boat: Lilly Belle (Audubon Ark) .~- .,' '::'-- '~ LlUyBclIUIl....... I . "._ , ~~-~ . . ... ..\ft" .< ..~\';"~;.~,~-;._ Dates (),.I"~(/I/csted docking: Saturday, July 10,2004 Desired dllcking location: Historic LoweUPark Levee Dimensi(lll~; or Boat: 100' x 22' - Stemwheel Riverboat PUrp~Sl'; To otTer to the public, media, local, state and federal agencl~s "( )pcn House and Educational Programs" regarding ~onser.\'uli\lll on the Upper Mississippi River and its watershed, mcludlllg (he St. Croix River - Audubon is a 503c non-profit organizuli"n. und there will be no admission charge to the public. If apPI\wc.\t. please send permissions to: AU'hlhon_Upper Mississippi River Campaign ~ J.,., V cntura Dr Suite 106 \\\"",thury MN 55125 Fa,: ('51-731-1330 (l:'l.7J9-9332 (St. Paul office) ~;t t~:~%1(1!!~ .' f '''ll''U~)C (~, '-":':,:":, ;", :'" ,':, ',~ ....'-it'(\.y~. -'<<:' ',>:', ,,,,..,,_.~eikrt ~' q"'" '\B 1~~~~~ ~\tk Fleet Manag~I' "" .. ", ,~;:r~,':;;: ,~- '-;; 'l"q '. ~' , ;,:;:;;:~;~.:.~J~ 'isit "ur national website: httri:j)~.~udubon.ol1!/carnoail:m/umr . ~:~ . Scbool Kids on the Bene f ft Il l ',~''''l~ ,,-- m 'Audubon Upper Mississippi River Campaign REQUENTLY ASKED QUESTIONS Length of Boat: Length of Batge: Width of Boat: Width of Batge: Draft: Height Above Water: Year Built: Hull Built: The Audubon Ark .... . , . Li Y Be e . , A Classic Sternwheel Packet Boat WELCOME ABOARD! Built in 1958 by Captain Ike Hastings, Lilly Belle was the 23rd boat Ike designed and built. Audubon started working with Ike and Lilly Belle in 2000, for the second Audubon Ark Adventure and Education tour on the Upper Mississippi River, We continued to develop our relation- ship with the boat, its builder and, of course, the River during the following two seasons. In the spring of 2003, lke sold Lilly Belle to Audubon, and now in addition to Captaining Lilly Belle he is building his 49th boat on the banks of the Mississippi River, in Bellevue, Iowa. Capt. lke still pilots the Belle for Audubon. 62 feet 42 feet 18 feet 22 feet 18 inches 30 feet with aerials (23 w/o) 1958 Dubuque Boat & Boiler Works Ice Harbor, Dubuque, Iowa Built by Ike in Sabula, Iowa Diesel- 5 Cylinders - 73HP Air Cooled Deutz (Gennany) 2, with ability to operate forward & reverse independently 2, Poclain hydrostatic motors (France) One drive on the outside hub of each paddle wheel. The diesel,engine drives a hydraulic pump, which sends hydraulic oil to each drive at 4000psi. Wheel Diameter: 12 feet Spokes: 12 sets of spokes (''Buckets'') on each wheel Total (Bucket) Boards on Paddlewheels: 48 Average Speed Upstream: 4 to 5 miles per hour Average Speed Downstream: 7 to 8 miles per hour Superstructure: Engine Type: Engine Make: Paddlewheels: Paddlewheel Drives: Audubon Upper Mississippi River Office 2357Ventura Drive - Suite 106 Woodbury, MN 55125 (651) 7399332 www,audubon.oreff,:mJloaiwumr . Ully Belle at Sl Louis, 2003 . .. . Memo To: From: Date: Subject: Mayor and City Council (L Steve Russell, Community Development Director ' April 30, 2004 Final PUD Approval of Building No.3, Terra Springs Development Background. The concept PUD was approved for Terra Springs on June 3, 2003. Since that date, Buildings 1, 2 and 4 have finally been approved. Building No.3 is situated to the rear of the site in front of the prison wall. The proposal is for 47-one and two bedroom condominiums. The Heritage Preservation Commission and Planning Commission reviewed and approved the plans with conditions on April 8 and April 12, 2004. . The site development will coordinate with the master plan trails, landscaping.and drainage system elements. With Building NO.3 approval, 141 condominium units have been approved for the site. The master developer is required to provide a final common open space improvement plan and schedule before a building permit for Building No.3 is approved. Findings: The final proposed Building No.3 development plans are consistent with concept PUD approval. Attachments: Approval as conditioned by the Planning Commission (5) and Heritage Preservation Commission (18). . .. PLANNING APPLICATION REVIEW FORM CASE NO. PUD-F/04-15 . Planning Commission Date: March 8, 2004 Project Location: Terra Springs, Building No.3 Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Pope Associates Inc. Type of Application: Final PUD Project Description: Request for final PUD approval for 50 unit, 4-level condominium development Building No.3, Terra Springs. Discussion: The request is for Final PUD approval for Building NO.3. The concept PUD was approved by the Planning Commission on April 1, 2003 and City Council at their meeting of June 3, 2003. The proposal is for 50, one and two bedroom condominium units. The original concept for Building No.3 was six stories and 60 feet (see attached staff report PUD/03-27). The specifics of Final PUD building and site . design will be reviewed by the Heritage Preservation Commission at their meeting of March 10, 2004. The use of the site, 50 residential condominium units, is consistent with the concept PUD approval. There are 82 parking spaces in proximity to the building (80 covered and 2 on-street). The parking requirements for condominiums is 2 parking spaces per unit. The 2 spaces per unit is to proVide for residential and guest use. Off""site parking that could be used by guests or residents is some distance away from the building, east of Buildings No.2 and 4 (see site plan). For comparison purposes, a rental apartment development requires 1.5 spaces per unit plus 1 space per 3units guest parking or for a 50 unit apartment, 92 spaces. It is .' suggested that based on the 50 units proposed, at least 92 spaces be specifically available for Building No.3 use. This may require reducing the number of units or adding parking spaces under the building. Besides residential development, site landscaping, trail system and stormwater control, facilities are a part of site development. All these site improvements should be completed before occupancy of any of the residential units. . '" . . . The master developer will provide a schedule for improvements of all common area improvements,to insure timely completion of the, archeological green, central gardens, trail and other common area features and landscaping. The heating and cooling units are located on the outside wall of each unit. This may effect the quality of the outside space around the building, but should not be an issue to properties surrounding the site. The HPC will review the design and location of the wall units. The proposed building meets PUD concept approval (4 stores, 60 feet in height). Conditions of Approval: 1. Ninety-two (92) parking spaces shall be provided for the 50 residential units. 2. The stormwater drainage plans shall be reviewed by the City Engineer according to the Master Drainage System Plan. 3. All site improvements, i.e., landscaping, trails, ponding improvements, shall be completed before unit occupancy. 4. The Master Developer shall provide the City with a schedule for completion of the common area improvements before building permits are issued for Building No.3. 5. This approval incorporates 18 Heritage Preservation Commission conditions of approval for Case No. DRj04-13a. Recommendation: Approval Attachments: Application and plans CPC Action on 4/12/04: +8-0 approval ... PLANNING ADMINISTRATION APPLICATION FORM Case No: PlJ P -P /llis- . Date FiI~ ,;J Ii1!i!tIJ 1 Feeyafd:, 0 Receipt No.: /O~i I ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET . STILLWATER MNS5082 Special/Conditional Use Permit Variance' . Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* X Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material will delay the application process. PROPERTY IDENTIFICATION Address of Project 630 N Ma i n Strppt Assessor's Parcel No. ?R-030-?0-1 ?-01 09 (GEO Code) Zoning District CBD Description of Project 50 unit. 4-c;tnrv cnru1mnin:illr,n IInit with . Central Rusiness District underground parking "I 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 permitifitis graQ.ted a'l:ct used." ,~ IL!-A ThR.U_1 L LC . M~ln .~ Companles ' Pope Assoclates Inc. Property Owner Donald B Kasbohm ,Representative Grea Ki nnev MailingAddress 5605 ~treet, Suite 202 MailingAddress1255 Energy Park Drive City-State-Zip St. Louis Park, MN 55416 City-State-ZipSt. Paul, MN 55108 Telephone No. 952-653-2133. Telephone No. 651-642-9200 SignatureQhdclg. ~~ Signature 1 /I A A /J (Signature is required) ~~~ W-{. t# / :J--1/() - 7 J-3;)- Lot Size (dimensions) 205 x 443 Land Area 62.778 sa. ft. Height of Buildings: Stories Principal 4 . 5 Accessory Feet 561-6" . # . . . HERITAGE PRESERVATION COMMISSION APPLICATION DESIGN REVIEW FORM CASE NO. DRl04-13a Heritage Preservation Date: April 8, 2004 Project Location: 630 North Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Greg Kinney - Pope Associates, Inc, representing Donald Kasbohm, Terra Three, LLC Type of Application: Design Review Project Description: Design review of Building No.3, Terra Springs Discussion: The applicant is requesting design review and approval for Building 3, Terra Springs. The building is a 47unit condominium with underground parking. The buildings' exterior materials will be consistent to the established range of materials of the adjacent buildings. The siding will be tan and some areas will have a "cedar-shake" style in a green color. The applicant is proposing to use the similar stone product to match the adjacent St. Croix Limestone at the planters and the two large columns. Two alternating brick sizes at the building base shall match the color of the St. Croix limestone color hue. The field brick, a reddish-brown color will either match or be a similar shade to the adjacent buildings. The asphalt shingle roof will match the adjacent buildings and the burgundy color aluminum railing system will be consistent with the rest of the development. The buildings main exterior feature is the center tower, the applicant states that in this feature, they've taken historical reference from the original prison hospital tower, including the observation deck, arched openings and maroon standing seam metal roof. Landscaping, lighting and light fixtures will match the existing development. Seventy covered parking spaces are required for a building of this square footage. They are showing 83, plus one stall for scooters and bikes. The attached memo from the applicant explains that they have incorporated various design elements that are included in Buildings One, Two and Four. Recommendation: Approval as conditioned. Conditions of Approval 1. All utilities shall be completely screened from public view. 2. 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. , '.. 3. Continuous concrete curbing shall be installed to separate parking areas from landscape areas. 4. 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. . 5. The street address of the building shall be dispiayed in a location conspicuous from the public street. ' 6. 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. 7. 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. 8. No roof equipment shall be visible to the general public. 9. All gutters, downspouts, flashings, etc. shall be painted to match the color of the adjacent surface. 10. Construction projects shall conform to the City's Noise ordinance. Construction during the dry season shall mitigate excess dust problems. 11.A sign permit shall be required for all project signs. 12. Grading and drainage plan to be approved by City Engineer before building permits are issued. 13. Sign package to be approved by the Heritage Preservation Commission, including directional signs. 14. Exterior lighting and fixture plans to be reviewed and approved by the Heritage Preservation Commission. . 15. All security lights on building shall be downlit. 16. A sign permit is required for signage. 17.AII exterior modifications to the approved plan are to be reviewed by Community Development Director. 18. The exterior height of the parking level shall be no more than eight feet high above ground. < Findings: The proposal meets the intent of the Downtown Design Guidelines. Attachments: . Application Form/Letter from Applicant/Site Plan/Elevation Drawing HPC Action: 4/8/04: Approval 6-0. With conditions: 19. HPC to review corridor elevation drawing. . , --/' Memo ., 4J--(... ./' . . ' To: From: Date: Subject: Mayor and City Council Steve Russell, (:ommunity Development Director May 28, 2003 Concept PUD Approval for Multi Phased 227 Unit Mixed Use. Terra Springs Development, Terra Springs LLC, applicant. Case No. PUD/03-27. rv t ro The application before the Council is concept PUD approval for the 227 unit Terra Springs Project. The site Is located In the Central Business District, CBO, and Is a Planned Unit Development allowing flexibility of design. The 227 units are contained In five (5) buildings. Three of the buildings, 1,2 and4, . will be a part of Phase I development starting In August. Buildings 3 and 5 will follow. All the buildings will require HPC design review and final PUD Council review. The HPC reviewed the plans at their meeting of April 7 and the Planning Commission reviewed the plans and recommended concept approval on April 14, 2003. A site plan and building elevations are attached. The height of the prposed buildings are: No. 1 _ 19 HU's - 45 feet, No.2 - 44 HU's - 4 stories, jJd feet, No.3 - 90 HU's proposed 8 stories 95 feet, conditional () stories. 60 f~et, No.4 - 32 HU's - 3 stories, ~5 fee~ and .. . No. 5 - prppos~d42 HU's, .5 stories conditional 4 stories and 50 feet., " An Interpretative center and trail Is proposed along with a substantial public green area that retains the foundation of the old territorial prison manufacturing building. The existing wayside shall be relocated along the Interpretative trall. . . , '. Comme!lts from MnDOT 'were received. Staff ~rid the ~eveloper are addreS~lng their ,con!=erns regarding site access. '. . . " ", ',' , ' , . An EAW was prepared for the project and considered seperately. . Planning Commission Recommendation: Approved as consistent with the .' Comprehensive Plan and Downtown Plan. e Attachments: Application, plans, staff.report and minutes from CPC 4/14/03. fie ( -' ? )/(; ') f-- r'-t.J ... . , . ....-. -. .-.-.. --.. , .-a-HNING APPLICATION REVIE,^, f .M CASE NO. PUD/03-27 .... , Planning Commission Date: April 14, 2003 .. Project Location: 608 North Main Street Comprehensive Plan District: Downtowri Commercial.' ;', '. '. '.' ,.'.' ,:. :':.:', .:'".,\.' "" ,. .":":",. " ',,::. . . Zoning "District:'CBD Applicants Name: Terra Springs llC Type of Application: Concept Planned Unit Development Project Description: Concept Planned Unit Development review of Terra Springs project on 7.93 acre site including 227 housing units in five bUildings, 4,000 square feet of office use, 9,000 square feet of ' retail and 2.64 acres public Courtyard, open space, landscaping and interpretive trail. . , ' , ,a"'" Discussion: As previously presented, the City of Stillwater has selected a developer and is working with that developer on plans for the infill/redevelopment of the old territorial prison site at 608 North Main Street. The redevelopment site is the land inside wall that defines the perimeter of the site. lands abov the wall will be retained by the 'city 'as' part of its open space system. As shown in the attached development plans the proposal is for five bUildings, buil~ings 1-5 as described ~~ . Building Date . Building 1 Two stories of residential over one level of half paring/half commercial 19 two story townhouses @1,500 sq. ft. average Approximately 38 underground parking stalls (2/home) 7,000 sq. ft. commercial/historical interpretive, ' < Proposed approximate building height (floor one to roofline) 45 feet Four stories of residential over one partially underground level of parking 44 condominiums @1,320 gross sq. ft. average mix ~f one and two story h9mes . '.,'., " '.' '. . .appr<?X.:~2. undergrou'nd parking stalis" (1.4/h~nie) .' ':. ",': " " . proposed approximate building height (grade to roofline) 60 feet . eight stories of reSidential over one partially underground level of parking 90 condominiums @ 1,250 gross sq. ft. average approx, ApproX.153 underground parking stalls (1.7/home) Proposed approximate building height (grade to roofline) 95 feet Three stores of residential over one partially underground level of parking '. 32 rental apartments @ 1,350' gross sq~ ft. average '. ApprOXimately 58 underground parking stalls (1.8/home) . Proposed approximate building height (grade t~ r~ofline) 45 feet Four stories of residential over one level of parking and retail Building 2 Building 3 Building 4 Building 5 .' . ,. . . . , 42 ren_. -.I}.Idrtments or for-sale condominium::> ~_. .00 sq. ft. average Approximately 67 underground parking stalls (1.6/home) 6,000 sq. ft. commercial Totals 227 homes .. 13,000 sq. ft. commercial. 376 enclosed dedicated parking stalls ..1450r,-~ite~gues~.p~.r~.t!g~p~~~.,,:.<: "." ".".':";'; , " .' Two hundred a~ci twenty seven hou~ing: uriitsar~;prop~s~ll~ the five buildings. In ~ddition, com mere space of 13,000 square feet, 4,000 office and 9,000 retail is proposed. Parking requlrements for the residential use Is two spaces per unit or 454 spaces. Commercial space requirements Is 58 spaces. Totaling 512 spaces. The plans show a total of 487 spaces, 342 covered ar 145 surface. Public access to the green and trial system will also require parking as well as pedestrian access. The proposed height of the buildings is not clear. The application indicates a maximum height of six .stories and 65 feet. The height limit for the CSO district is 50 feet. The PUO would be developed in phases starting with 2003 and completing in 2005. The development plans Include drainage and circulation have been reviewed by the city engineer, traffi< consultant and fire chief. The circulation plan will be modified to address fire concerns for building access. The concept desigt:l plans were reviewed by the HPC at their meeting of April 7, 2003. They approved t buliding concepts proposed. The detailed building design will require design approval before a design permit Is issued. Likewise, final PUO approval will require special building use description, compositio~ of .re~i~~ntial~!l!~ . and assigned .parking~ . The. parJ<Jng ordinance ,allows for modifications to the parking standards based 0 a specific site and use analysis. . , The height of the proposed bUilding(s) may require a height variance. This will be reviewed when spec1 building design plans are proposed for building permits. As a part of the proposal, an Interpretive trail/facility plan .Is propo?ed. The sp~c1fi~ of ;this. pla,J:I/fac~lity . shou~d be, coordinated Witl)the parks, board/her"ltage 'p'reservation, coriuni~ion and ~ashlngton .Couno/ , . ',Historical Commission. . "'" '," '. "... " .' . '. ' . Environmental Review. A environmental review assessment worksheet, EAW, Is required because the site Is on the National'Reglster of Historical Places. The EAW Is attached and will be notified for review and comment. Recommendation: Approval to Council Attac;hments: Application and plans CPC Action on 4/14/03: +5-1 approval ...~ . "", '\ City of Stillwater Planning Commission April 12, 2004 . Present: Robert Gag, chairperson. . ,. , MikeDahlquist,r;>avid Junker, David Peroceschi, Karl Ranum, Paul Teske, Jerry Turnquist and DarwinW ald. Others: Community Development Director Steve Russell Absent: Dave Middleton Mr. Gag called the meeting to order at 7 p.m. Annroval of minutes: Mr. Wald, seconded by Mr. Turnquist, moved approval of the minutes of March 8, 2004; motion passed unanimously. Case No. PUD-F/04-15 Final PUD approval for Terra Springs, Building 3, at 630 N. Main St. Pope Associates, Greg Kinney, applicant. Present were Brian Sweeney, Terra Springs master developer; Building 3 developer Donald Kasbohm; and Greg Kinney of Pope Associates. . Mr. Kinney briefly reviewed and provided samples of building materials, which will be the same as used in the other buildings on the site, but of slightly different colors. The building, which is . four stories with 47 units, will have a tower feature reminiscent of the prison hospital tower. It was noted that the size of the building as it appears from the street will be diminished because buildings 2 and 4 partially block the view of building 3. Mr. Gag asked about the height of the building. Mr. Kinney said it was 54' feet to the mid-point of the structure. Mr. Russell noted that a height of60' was approved as part ofthe PUD. There were no comments from the public. Mr. Ranum noted the Heritage Preservation Commission had 18 conditions for its approval and 'said those should be incorporated in the Planning Commission's action. Mr. ~anum moved " . approval with the four conditions of approval and incorporating the HPC's 18 conditions as condition of approval No.5. Mr. Turnquist seconded the motion; motion passed unanimously. Case No. V/04-16 A variance to the side yard setback (30 feet required, 19 feet requested) for installation of an egress window at 420 Laurie Lane in the RA, Single Family Residential District. Joseph and Michelle Wolfe, applicants. Mr. Wolfe was present. He said the variance is being requested to accommodate installation of an egress window in his son's bedroom. He noted the house already is within the 30' setback. The egress window will not extend out as far as the existing deck. . 1 ~t '*, I):. . 11 ~ . . ~-',. .,.... / , , /' 6'.. ~ '\~ \ , .z. , \ \ \ , .z. \ ~n-- -:r:~!BY-mR5U ~ ~ Sln:PLAN-PADI 1FII!~ ~ ,..,.., ..v.- r I -rl T:: 11A S::>R \JGS STILLWATER, MN () \ \ .. '\ " \ \ " \ \ \ \ \ \ \ . .~c \ldCd POPI:: ASSOCIATES . ,~..lI!!",,'" ~ J' . . . () ... cP. ~ \~ \ oS:. -- -- -- -- --- -- -- -- -- -- -- -- -- ft: street _ -t r~s. _---- f ~"'6r~n vocoted) ------ \'\1 (t-lot _---- -- -- (-- , \ , \ \ , \ , \ !i';~... -. -~~ ~ v' ~^r to 1lUILDtl:i 'I1IlO" BY 0IIEJl& V ~ I"('j IlUlLDIItO 1'CIlR- BY 0IIEJl& -~~. bfTE PLAN- BULDING '. '111& PEVELOFMENT eLt11ARY INDIVIDUAl.. etJILDN!.5/ SITES: 6UILDINCi III SITE: OUTLOT 6 . SQ. FT, (ACRES) 31.0S& SQ. FT. ((/).&5 ACf(E) 36.0S2 SQ. FT. ((/).83 ACf(E) ~2jl1'3 SQ. FT. (1.'14 ACFlES) 31,44(f) SQ. FT. ((/),86 ACf(E) 4&.414 SQ. FT. (UIACFlES) J(f)1,&&'3 SQ. FT. (2.46 ACFlES) 116.8(f)'3 SQ. FT. (2.68 ACFlES) 446.168 SQ. FT. (J(f).24 ACFlES) CUFlRENl': Ie6 (RID: 226) 34&,246 Sf. ~ on GROSS R.OOR AREA r~r"'........: (/)., I OUTLOT A . t<I.tl6ER OF etJlLDING Du.eLL1NG !NITS: GR066 SQ. FT. 18 43,38(f) Sf. 4(/) &1,1(f)4 Sf. 41 J(/)6)1& Sf. (RID: W) 36 1&,(/)3& Sf. 42 ./-64poo Sf, (EXACT TBD. 6Y OTHERS) 346,194 Sf. . (/)n 446.l68 SQ. FT. 446)68 SQ. FT.' 183 illite . . 2.438 Sf A.NIT REaJlRED: 1.&:1 (IPOO Sf.JltollT GUEST. I FfR 3 !NITS IS NIN. REQ'D) FAR LOT AREA/!NIT (floor area ratio) etJILDING 1 . TOTAL etJlLDING COVERAGE: SIDI3U6J..K AND ENTRY DRIVE COVERAGE. PATI-l COYE~. TOTAL COYERAG: TOTAL REMAINING GREEN SPACt: etJlLDING PAD III SITE AREA: etJlLDING 2 . BUILDING :3 = etJlLDING 4 . etJlLDING & . COH6INED TOTALS . 1IIL,,1I04 2'3)3& sa. FT. - 4&.4 % 3,&41 sa. FT. &.6 % . 3,4!;(f) SQ. FT. &.& % 36)26 SQ. FT, - &1.& % 26,6&2 SQ. FT. - 42.& % 6211)8 SQ. FT. -f(/)(/) % (L44 ACFlES) PAAK/tIti: lOiEaJllOiED 6Y CITY Or;!DJNANCE. 1.& PA~ STALLS FfR Du.eLL1NG !NIT. GUEST: I STALL FER 3lJolITS TOTAL PAAK!NG SPACES REGlJIRED . 1.& x 41. 1(/)'& 41/ 3. 1&.6 e6J \h.;1:~ TENANT GARAGE SPACES FROVIDED . 83 (PLUS 1 STALL FOR sc:oon:RS . 61KES) (GARAGE PAAK!NG RATIO. L16 STALLS/ltollTJ SUl<FACE PAAK!NG SPACES PROVIDED aoI PAD III. . 2 TOTAL PAAK!NG SPACES FROVIDED . sa IN ADDITIOI TO THE sa FROVIDED. THE OVERALL SITE I-IA5 A TOTAL 6IW<ED PAAK!NG SPACES (TENANTS . GUESTS) ~ 5I-IOUN IN A.............IED P.1I.D,. II(/) T :: 11A S::> 1 \JGS STillWATER, MN POPE ASSOCIATES 4.oIR .... -.. ~......-- (2) BUILDING 3 LANDSCAPE PLAN Scale: l' = 20'-0' F='L-: j 01020 40 J.BUXELE- ARCu'incnme, Lm ~:~~~I ~ lEL(tC>>#.3"J'~":!~ --- tIIt8.A)OflM~ OfIQ7A('ECOMNI.'-1nU AICllmlC11.'U ~Alt'HITK'n.:a.e GINHI<'S ~--";;':'J!i!:.i:.:'" oUID'QI"UI""'ADU.' AolIOCI'Ctl.'Nllll.."'..... ....."or--..n4 - _r _.......1___.. :"~O::--'...~_~...~ -._.......__r_ .._r__.._.. o ..,oe lZJG8 -IS)" 00. C-' Z z ~ ~ ... ~ ~ ~ f-l 00. < ~ . ~ ~ f-l r.n ~ ~ DEVELOPER: MAIN STREET COMPANIES, JNC BUlLDlNG 3 BUlLDING 3 LANDSCAPE PLAN HPC MEETING DAn:: I'ROIECT NR: DESIGNED: DRAWN H./lf.0f 01021.31 JHB RS,KS PHASING LIMITS - - - - - - - - - - - - - -- CONSTRUCTION LIMITS - - - - - - - -- NOTE: AREA OUTSIDE OF CONSTRUCTION UMlTS AREA NOT IN CONTRACT AREA TO BE SODDED III , ~ , --t- I , KEY COMMON NAME. BOTANICAL NAME DECIDUOUS TREES HS . SKYUNE HONEYLOCUST GLEDITSIA TRIACANTHOS V. INER. 'SKYCOLE' . EVERGREEN TREES HA HOLMSTRUP ARBORVITAE SJ SUM JIM PINE THUJA OCCIDENTAUS 'HOLMSTRUP' PINUS STROBUS EVERGREEN SHRUBS JH . 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IFR FEATHER REED GRASS IJG JAPANESE FOREST GRASS , VIBURNUM OPULUS 'NANUM' DWARF BURNING BUSH BERBERIS 'TARA' FORSYTHIA 'SUNRISE' HYDRANGEA ARBORESCENS 'GRANDIFLORA' RHODODENDRON 'P.J.Mo' ROSA 'GEORGE VANCOUVER' I HYDRANGEA MACROPHYLLA 'ALL SUMMER BEAUTY' I SPIRAEA THUNBERGII lOGON' I I IATHYRIUM 'GHOST' IASTILBE CHINENSIS 'VISIONS' I HEUCHERA 'NORTHERN FIRE' IARUNCUS DIOICUS I HOSTA 'FRANCES WILUAMS' IHOSTA 'ROYAL STANDARD' ! POL YSTICHUM ACROSTICHOIDES ISEDUM 'AUTUMN JOY' I HEMEROCALUS 'STELLA D'ORO' / l FESTUCA GLAUCA 'ELIJAH PEARL' ! MISCANTHUS SINENSIS 'PURPURASCENS' ,CALAMAGROSTIS ACUTIFOUA 'AVALANCHE' I HAKONECHLOAMACRA 'AUREOLA' I I , \ Wc.~,~-o\- ~ ~, kM-t-tWC? \~ ~ p\av-t \\~. ,".;", "';,-, . *, .,~ ~." . '.: - i ' I i I I I SIZE , OTY i I, I ! 2 112" BB ! #5-2' CONT] #5-2' CONTJ I i #1 CONT. , I #2 CONT. ' i 16 #1 CONT. #5 CONT. #2 CONT. #5 CONT. NO.1 #3 CONT. #2 CONT. 8 #3 CONT. #1 CONT. , I j i #1' CONT. ,I #1 CONT. 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APRIL 8, 2004 --:: ~ ~A S::> ~ \JGS STillWATER, MN POPE ASSOCIATES -:- -... ~ +l't.F +eF ~ I~L tf'1Ua..M ~ ~ +l"Ir +l'I!F ~ -' ~ , \. .......... .... ~. ~ . ~ I I: , . . ,~ --- 11\ EAST EX II:HIOO FlI=VATION m. WIaI.... . WEST EX II:tdOR FlI=VA TION m. WIaI.... ~ II.'Ir Il'lll- li'llr if'If:; .......... SOUTH EX II:tdOR FlI=VATION m. WIaI.... ... n...L .... n_~ T:: :r,A 8:) ,\JGS STILLWATER, MN POPE ASSOCIATES . i ~ · Memo To: From: Date: Subject: Mayor and City Council Steve Russell, Community Development Director f--/ April 30, 2004 Settlers Glen 6th Addition Background. The preliminary plat for Settlers Glen was approved by the City Council on July 11, 2000. The 6th Addition contains 24 home sites and 6outlots. The 6th Addition connects to the 2nd Addition and completes the main loop road connection. No parks are located in the area although trails are located around the perimeter of the site adjacent to Brown's Creek Natural Area as with the 5th Addition. All trails and parks shall be installed before lots are sold. Recommendation: Approval . Findings: The final subdivision plan is consistent with the preliminary subdivision plan and concept PUD. Conditions of Approval: 1. The final subdivision shall be approved by the City Engineer before recording. 2. A development agreement for the public improvements shall be approved before final plat recording. 3. All Settlers Glen trails and parks shall be installed before building permits are issued for Phase V or VI subdivisions. Attachments: Application and plans. . .. 04/05/2004 16:27 6514308810 CITY OF STILLWATER PAGE 01/02 .. , 132-1 S11LLWATER CODE . FPA FINAL PLAT APPLICATION FEE ~2,000 ~ pm.q "':. "IJO ~, /tJ5"8f :"", (1) APPLICANT Name: Company: Address: John J. Liberacki Orrin Thomnson Homes 935 E. Wayzata Blvd. City: Wayza ta State: Telephone: . (W)249""3022 (FAX) 473-7401 (2) PROPERTY FEE OWNER Name: Robert Andrews Jr. COmpany: ~drews Company Ad~ss: 529 S. Seventh Street #220 City; Minneapolis . State: MN (W) 332-840~ (FAX) (H) MN Zip Code: 55391 (H)612-817-2756 Thlephone: (3) SURVEYOR N8Jne: Company: Address: Zip Code; 55415 'lelephone: Paul Pearson & Henry Nelson McCombs Frank Ross Association Inc. 15050 23rd Avenue N. ., ",,--, ._" ,.... ,--",. City:: Plymouth State: MN (W1A]fi-fiOLQ (FAX).-U.6-8562 (Hl Zip Code; 55477 . (4) r........:.:.:.y location: Legal description: A Portion of Section 19, T30N, R20W See Attached (5) Name of development: Settlers Gle~ ~~~_,Addition Nu.mbe~ ofIots: 24 Homesites and,6 outlots Current land UBe: Agriculture - Vacant . ,._". .-- Proposed land use: Single Fa~i~y Residential Current zoning: Settlers Glen PUD Single Family L "t" '" ~ed ~ning: Same Anticipated project completion: (6) SUBMITTAL REQUIREMENTS: (Five copies and one reduced 8'12 mehes x 11 inches) Final plat (F) Electronic FP Format Tree preservation and landscaping plan (TLP) Street and utility plan (SUP) Grading, drainage, stormwater and wetlands ,plan (GDSWP) ~ Other information (01) 8Y2~ineh x l1~inch transparency .,., OD32:38 22/01 2004 10:21 FAX 0590 29 80 22 u~/~~/~UU4 ~U:54 ~~X 9524737401 HOTEL F. PLANTATION LUNDGREN BROS. CONST. IaI 002 IaI 003 ,.~ .~ SUBDIVISION CODE OF THE CITY OF STILLWATER Settlers Glen 6th Addition I hereby apply for the above coDBideration and declare that the infOImation and materials submitted with this application are complete and accura.te per city requirements. I understand tbat the application will be processed wQen it ~ been to rnplete d adlj!quate b tl;1e community deveL:t"a-ent director. . , . , .' ',' , '. :::: ::~:8a . ~~. .:Fo/f?J..r. t../j3~ . /.-U-~4 ( \ . 'PJ2PJez:T /'fV~~ Date. / '-.J, ~jZJ2,IlV '11tP111..P!G~AJ Ij:?mb-S .- PLEASE NOTE: If prVl-'......&y' fee owner is not the applicant, the applicant must provide written authorization by property fee owner in order to make application. (Ord. No. 837, 2-18-97) 132.1 . . CD32:39 . - <, v-r-- Project Location: 304-309 North Main Street Comprehensive Plan District: Central' Business District Zoning District: CBD Applicants Name: Steve Haglind, Four Star Land Development, Sampair Companies and Anthony Lodge. Type of Application: Subdivision Project Description: A request to combine three lots into one lot with site improvements. . Discussion: Planning approvals for the mixed use development of the site has previously been granted by the city (demolition permit, special use permit, conditional use permit and design review). The application before the Planning Commission is the combination of the three (3) development lots into one lot and the provision of on-site utilities. Along with the preliminary plat, stormwater drainage and geotechical reports were presented for city engineering review. Attached are comments from the City Engineer on the utility plans. A condition of approval requires that the final utility plans and plat be approved by the City Engineer before final plat approval. For reference, attached are the conditions of approval for the special use permit. Some of the conditions regarding utilities are being met with this review. As described in the submltal application, the developer intends to fill the site and process a flood plain map amendment eliminating this site from the flood plain district similar to the Lofts site. The Parks Board has reviewed the project and determined that an in-lieu parks and trail fee is appropriate for the development rather than on-site park Improvements. The funds would be used to enhance Downtown trails and park areas. The resubdivision of the three lots into one 2.51 acre lot is consistent with zoning and subdivision requirements. The subdivision application has been referred to MnDOT for review and comment because Main Street is a state highway. No comments as of this writing have been received. A condition of ~pproval require a MnDOT permit for access to Main Street. Conditions of Approval: . 1. All utility plans for the site shall e approved by the City Engineer before final plat approval. 2. A development agreement with assurances for development of the site shall be approved by the City before a demolition permit Is issued or final plat approval. 3. Park and Trail fees shall be paid as provided by park dedication requirements before final plat recording. 4. Highway access permit shall be obtained from MnDot. 5. All utility easements as may be required by the City Engineer shall be delineated on the final plat before approval for recording. ~. Recommendation: Approval Attachments: Application and plans .. Draft: 04/29/04 DEVELOPMENT AGREEMENT RELATING TO STILLWATER MILLS ON MAIN BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND FOUR STAR LAND DEVELOPMENT OF STILLWATER, LLC, a Minnesota limited liability company. This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax .. . eb . . . DEVELOPMENT AGREEMENT RELATING TO STILL WATER MILLS ON MAIN BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND FOUR STAR LAND DEVELOPMENT THIS AGREEMENT, made this day of . 2004, between the City of Stillwater, a political subdivision of the State of Minnesota, ("City"), and Four Star Land Development of Stillwater, LLC, a Minnesota limited liability company (the "Developer"); WITNESSETH THAT, the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Pronertv.. The Developer owns the property described in the attached Exhibit "A" (the "Property") located within the CBD Zoning District in the City of Stillwater, Washington County, Minnesota. (A) Developer was granted a Conditional Use Permit and Design Review Permit approval for the development on November 18, 2003, subject to conditions of approval as set forth in City Planning Case No. SOON/03-83 and DR/03-63 (the "Project"). (B) The Developer must submit, for consideration by the City, a final plat of the Property. 1.02 Develoner Public and Private Imnrovements. (A) The City is willing to allow the Developer to construct and install the Developer Public Improvements. A description of the Developer Public Improvements and estimate of costs are attached as Exhibit "B". The plans and specifications for these improvements must be approved by the Stillwater City Engineer. (B) The Developer Private Improvements will be designed and constructed in accordance with approved development plans. The Developer Private Improvements are generally described in the attached Exhibit "C". (C) "Construction Plans" means the construction plans and related schedules for the Private Improvements that bear the stamp of approval of the City Building Official 1.03 Public Imnrovements. Warranty. The Developer agrees that the Public Improvements will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who is vested with authority to suspend or stop work on the Project if any condition of this contract is breached or any law or administrative rule is violated. 1 SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the City that as of the date of this Agreement, the statements . set forth in this section are true. 2.01 'No Disabilitv. The Developer is, orwill be, the fee owner of the Property and knows of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Liti!mtion. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency, except for an action that may be brought to register the title to the Property, which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.04 COIDDliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of subdivision, Conditional Use Permit and Design Review Permit approval; and comply with any applicable requirements of the Middle River Water Management Organization and any Flood Plain Ordinance, regulations or rules. SECTION 3. IMPROVEMENT SCHEDULE. . The Developer will install the Public and Private Improvements according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the Improvement work schedule by the City Engineer will be required before construction begins. In the event that the Developer fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which the Developer will have the opportunity to cure, have the right to draw upon any Security provided pursuant to ~5.03 of this Agreement for the costs associated with completion of the work referred in this section. Upon satisfactory completion of the work, the City will have the right but not the obligation to terminate this Agreement. SECTION 4. COST RECOVERY: DEVELOPER PUBLIC IMPROVEMENTS. 4.01 DeveloDer Public Imnrovements,. Payment of the costs of the Public Improvements must be made by the Developer within ninety (90) days of being invoiced by the Developer's contractor, unless amounts are withheld by the Developer because of a Bona Fide dispute with the contractor and notice of this dispute is provided to the City. . 2 SECTION 5. SECURITY. . 5.01 Consultant Fees and Chan!e~. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City on behalf of or at the request of the Developer, including the costs of engineering, . legal and testing services, oversight and inspection of grading, erosion control, dewatering, utility work and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. 5.02 Pavment of Assessments and Hook-un Charees. Developer must pay to the City, before commencement of grading on the Property, any outstanding assessment for local improvements. The City records reveal the following charges: L.1. 275 L.I.360 Remaining. 6,666,71 7,163.35 Certified with Taxes Pavable 2004 4,133.33 1,271.30 . 5.03 Security for Cost of p~v~l;oner Public Imnrovements. Developer must, prior to beginning work on any Improvements, provide the City with cash, letter of credit or other surety, with the form of any non-cash surety to be satisfactory to the City Attorney in the sum of and /l OOths Dollars ($ ). The surety must be a guaranty to the City that the Improvements will be timely completed to the City's satisfaction. The cash, letter of credit or other surety must be maintained continuously by the Developer until the Improvements are completed to the City's satisfaction. The cash, letter of credit or other surety for Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of the Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made. A Letter of Credit or other surety must permit the City to draw upon it for the full face amount of the cost of curing any default of the Developer, upon ten (10) days written notice to the Developer of its opportunity to cure, with respect to performance items or the extended period of ninety (90) days written notice with respect to contractor payments as set forth in ~7.04(B) or seventy-two (72) hours written notice with respect to erosion control violations as described in ~7.04. SECTION 6. CONSTRUCTION OF DEVELOPER PRIVATE IMPROVEMENTS 6.01 Construction of Private Imnrovements. . (A) The Developer agrees that it will construct the Private Improvements on the Property in accordance with the approved Construction Plans and preserve and keep the Private Improvements or cause the Private Improvements to be 3 maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. . (B) Upon the issuance of Certificates of Completion for construction of the Private Improvements, the obligation of maintenance will be assumed by the owners of the Common Interest Community. In the case of common areas for the Property as a whole, upon assumption of the obligation of maintenance by the Common Interest Community, the Developer will no longer be liable for this obligation. 6.02 Construction Plans. Cham!es. If the Developer desires to make any material change in the Construction Plans, the Developer must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications and modifications that do not change the exterior or the size of any structures may be approved by the Community Development Director. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Developer in writing of its approval. 6.03 Certificate of Comnletion. Promptly after completion of the Private Improvements on each Phase in accordance with the Construction Plans, the City will furnish the Developer with Certificate of Completion for the Private Improvements for the Phase in the form attached as Exhibit "D". The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Private Improvements or the . Phase and the dates for the beginning and completion thereof. 6.04 Indemnitv. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Private Improvements by Developer, its agents or aSSIgns. SECTION 7. DEVELOPER'S GENERAL PROJECT RESPONSIBILITY. 7.01 Easements. The Developer must convey to the City all necessary permanent easements over property owned or controlled by them as designated in the plans and specifications deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. 7.02 BuildinQ: Demolition. Prior to the commencement of demolition of any structure on the site, the Developer must provide to the City evidence of funding for the construction of the Public and Private Improvements. All demolition must be done in compliance with the Building Demolition Permit, a copy of which is attached as Exhibit "E". 7.03 Erosion Control M;easux~~ !luring Construction. Developer agrees that they will construct erosion control devices in conformance with the approved Construction Plans . for the Developer Improvements. The Developers retain the right and flexibility during ~ 4 . . construction of the Developer Public and Private Improvements, to modify the erosion control plan and its related devices, if needed to protect the Property from extraordinary rainfall or upstream drainage. 7.04 City ReQ:ulations. Developer acknowledges that the Property is regulated by the City and that a default under City ordinances or conditions of approval. of any permit isa default as ddined in this agreement, including the following conditions: . (A) Compliance with the Storm Water Management Plan by the City Engineer. (B) A building demolition, grading and erosion control plan must be prepared and approved by the City Engineer. (C) If required by law, a National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained from the MPCA before grading begins. (D) Compliance with any applicable mitigation measures required by the Middle St. Croix Water Management Organization (WMO). (E) The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. (F) Compliance with conditions of approval of the State Department of Transportation with regard to access to Main Street. (G) Payment of any fees or charges normally due at the time of issuance of any building permits. (H) Payment of any assessments, hook-up charges or trunk area charges attributable to the Property due before the issuance of a building permit. 7.05 House MovinQ: Permit. The building now housing Sammies Women's Casual Attire that will be moved to the southwest corner of the Property, must be done in compliance with the House Moving Permit attached as Exhibit "F." 7.06 Environmental Assessment. The Developer must prepare and file with the City a Phase I Environmental Site Assessment and responsibly remediate any environmental contamination that is revealed by the Site Assessment. 7.07 Flood Plain Man Revision. The Developer must apply for and obtain a LOMA (Letter of Map Amendment) from FEMA before issuance of a Grading Permit. However, the Developer will be solely responsible for the sequencing of the application and LOMA application review. 7.08 GradinQ: Plan. Prior to the commencement of construction of any Improvements, the . Developer at its expense must complete the grading of the entire Project area including 5 the building sites, storm water holding ponds, surface drainage ways, private driveways, private streets, and other areas that will be disturbed as part of the construction of any . improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions, and cross sections. No site grading is permitted unless security is provided to the City for this work in the form of a deposit letter or other surety of credit as described in ~5.03. 7.09 RetaininQ: Walls. Pending completion of supplemental geotechnical investigation that will clarify the limits, elevation and condition of the rock at the west and northwest sides of the Property, the preliminary plans for retaining walls will identify a conceptual wall location and design. The wall may include a combination of the existing rock, boulder- type rock piles and modular block wall segments that are designed to complement the natural rock. Final wall plans must include recommendations to be provided by Braun Intertec. Final retaining wall design must be approved by the City Engineer. 7.10 Site Dewatering. The Developer must prepare a plan, subject to approval of the City Engineer, for a drain system that will intercept and dispose of groundwater that seeps from the bedrock face on the west and north side of the Property, and route the water around the building for discharge into the City storm sewer system. 7.11 Access Easement. The Developer must provide a grant of access easement for existing users of the easement across the existing driveway on the northwest corner of the Property. Further, the easement area must be provided with lateral support through the use of retaining walls and the easement area must be equipped with an appropriate guard . rail. This obligation does not include the obligation of maintenance or repair of this access easement. 7.12 Allev on North. The Developer plans to pave the existing access alley on the north side of the Property and must coordinate with the property owner that shares the alley. The alley is located across the property line, approximately half on the Project Property and half on the adjacent property; there is no known express easement. The City requests that the Developer continue to communicate with the adjacent property owner on a regular basis to avoid disruptions of neighboring businesses that use the easement. 7.13 Main Street Streetscane: Landscanin'[: Liehting. Pedestrian lighting must be provided and coordinated with the existing streetscape to the south. The City has a standard light pole and fixture that must be used for the pedestrian lighting along Main Street. Streetscape elements such as furniture or benches, cannot be applied as a credit to the park dedication fees. The Developer will consider the types of furniture and pedestrian amenities used along Main Street to the south for inclusion in the Project if consistent with the Project architecture. 7.14 Park Dedication Fee. Park dedication fees in the amount of $1,000 per unit for the residential portion of the Property, and the park dedication fee for the commercial component of the Property in the amount of $9,250.50 must be paid before the City will sign the Final Hard Schell plat of the Property. The fee for the commercial component is '" . 6 . 7.15 7.16 7.17 computed as follows: 13,215 square feet of commercial multiplied by $10.00 psf (County Assessor value multiplied by 7% equals 9,250.00.) Dama!!e to City. Countv or State Facilities. The Developer will be responsible for any damage caused to any City, County or State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, its contractors, agents or employees and for any repair or clean up costs or expenses inclirred by the City or County in taking remedial action. Landscanin!!. The Developer agrees to install street landscaping on the right-of-way and landscaping within the Project, according to the plans. All landscaping must be hardy, non-invasive species appropriate for Minnesota. All landscaping materials must be maintained and replaced if they die within the standard warranty period. Storm Water Mana!!ement. Developer must prepare and maintain a Storm Water Management Plan and an instruction manual, including a periodic inspection plan and check list for management of on-site storm water improvements as described in the Site Storm Water Management Plan. The manual must be in plain language and understandable by the maintenance personnel ordinarily under the employ of the Developer or its successors. This manual must be approved by the City Engineer before a Certificate of Completion is issued for the Phase I of the Private Improvements. SECTION 8. INSURANCE. 8.01 Insurance. Developer and its contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premIUms on: . . (A) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (B) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. (C) Workers' Compensation insurance covering all employees in amounts not less than the minimum required by statute. 7 SECTION 9. INDEMNIFICATION. 9.01 Indemnification. Developer agrees to defend and hold the City, and its officials, . employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, its employees arid agents, in connection with the Public Improvements. . 9.02 Enforcement bv City: Damaees. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under. this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. SECTION 10. EVENTS OF DEFAULT. 10.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, anyone or more of the following events: (A) Failure by Developer to commence and complete construction of the Developer . Improvements pursuant to the terms, conditions and limitations of this Agreement. (B) Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (C) In each event, Developer will be afforded thirty (30) days after receipt of written notice to cure the violation and avoid a default. (D) Any cure period as set forth in this Agreement will be extended to include that period of time when Developer is making a Bona Fide effort to cure. . 10.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable cure periods, the City may take anyone or more of the following actions: (A) Suspend work on the Project and building permits or certificates of occupancy on private development until it receives evidence, deemed adequate by the City, that the Developer has cured a default. (B) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or under the Security described in ~5.03. . 8 . (C) Undertake to complete the Developer Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in ~5.03 for the full amount of the estimated work. SECTION 11. ADMINISTRATIVE PROVISIONS. 11.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Larry D. Hansen, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If to Developer: Steve Haglind Four Star Land Development of Stillwater, LLC 2119 Cliff Drive Eagan,MN 55122-3327 The City and the Developer, by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. . SECTION 12. ADDITIONAL PROVISIONS. 12.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or int~~p~eting any of its provisions. 12.02 Counternarts. This Agreement is executed in any number of .counterparts, each of which will constitute one and the same instrument. 12.03 Modification. If Developer is requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 12.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. . 9 SECTION 13. TERMINATION OF AGREEMENT. 13.01 Termination. This Agreement will terminate at the time all of the Developer's . obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developerhas been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER (SEAL) By: Jay L. Kimble, Its Mayor and Diane F. Ward, Its City Clerk DEVELOPER: FOUR STAR LAND DEVELOPMENT OF STILL WATER, LLC, a Minnesota limited liability company . By: Steve Haglind Its: Chief Manager . 10 . . . 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 F.Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2004, before me, a Notary Public within and for said County, appeared Steve Haglind, to me personally known, who, being duly sworn, was the duly authorized agent for FOUR STAR LAND .DEVELOPMENT OF STILL WATER, LLC, a Minnesota limited liability company, the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 11 LEGAL DESCRIPTION OF PROPERTY . . . '" EXHIBIT A-I . \-..... 7!.--~~--'- .. -~--~~--- .. y i V ,! ,I f 'I J 1 ~ . . I \ i \ \ \ .. ! i I \ ,~\.~~_. \ . . -,__~o---~ ..:f'.. ~- \ \ \ .. /\ .... ........ .. ___y~~~o ---.- . \~.~. --\ \ - - ".__ ;. 000- . '. _:~. '.~'\....-\. 0,;:'. \ " .~ . r i , . . \ . ! -- --.'- f . ..--.. . \ location Map /1'-2- R21W RloW RI?W r'-~---'~-_"'_'_~ , " , 13""1 i 131><\ TI'IN TIm .,,1N R22W R2IW RloW Vicinity Map o 181 Scale in Feet . Th$~."-"ol.~ ~~~"",--"UWy ................~CcuIt)'aa-a n.--,sh:luIdtlr"'lor~ pIIfpIlSftrrit~COuIllJ.J'ICf ~_artJ... ~. "'00wIt)'~.~ PJIofIlt f5St) ao.eI75 PereeI"'beMd_AS4Xl~ c:urr.ll1hrougft'--F31.2t:lO' MN>pinIect ....o::hl1. 2Ql)l . J PUBLIC IMPROVEMENTS 1. Second Street Imnrovements. The retaining wall along Second Street that was damaged will require a more permanent repair as part of the Project. Sidewalk and curb replacement will also be required. The. Developer must incorporate any required repairs. as part of the Project Design. The exact limits or repair and/or replacement will be identified with final plans. 2. Utilities: ConnectionslRemovals. a. Sanitary sewer can be provided from the existing stubs that were installed as part of the 1990 Downtown improvements. Sewer services can be plugged behind the curb if in good condition. The Developer must coordinate with the Public Works Department to allow the City to televise the services after they are excavated, to confirm the condition of the service piping prior to connection or plugging behind the curb. b. Water services must be installed in conformity with requirements by the Stillwater Water Department. 3. Sidewalks. The Developer must construct an 8-foot wide sidewalk at the street level along Main Street. The Developer will adjust the hardscape layout to accommodate a minimum 8-foot wide section between the face of curb and face of steps or planter. The plans must include a blow-up of the hardscape area. The City must review more detailed concept level design of this area prior to full plan submittal, to ensure design concurrence. 4. Retaining Walls. Based on the topographic survey, retaining walls must be constructed along the west side of the proposed building. Most likely, there will be one or two tiered walls that are designed to be integral with the existing rock located on the back of the site and will accommodate the requirements of access easement. Pending completion of supplemental geotechnical investigation that will clarify the limits, elevation and condition of the rock at the west and northwest sides of the Property, the preliminary plans will identify a conceptual wall location and design. The wall may include a combination of the existing rock, boulder-type rock piles and modular block wall segments that are designed to complement the natural rock. Final wall plans will take into consideration the condition of the rock and recommendations to provided by Braun Intertec. The retaining wall design will include a drain tile system that will intercept the groundwater flowing out to the rock face and route it around the building, to discharge it into the public storm sewer system. This design will be incorporated into the Project drainage plan. EXHffiIT B . . . . . . DEVELOPER PRIVATE IMPROVEMENTS The Developer will construct a four-story, mixed-use common interest community that will include no more than ninety-eight (98) residential units, the first floor. level along Main Street will provide retail space. Parking will be tied to the total residential units and the net rentable retail space, the number of parking stalls provided will be in accordance with City of Stillwater Ordinances. To the extent possible, and using reasonable means, trash storage will be located and placed in a manner so as to avoid view by the general public. In order to provide proper ventilation to the underground parking area, HV AC equipment will be positioned outside of the building, but not on the roof, in a manner not in conflict with its purpose, located and positioned so as to shield noise upon, and view by, the general public. Adam, We will use your definition for the Private Improvements and not note a specific number for parking. However, Steve Russell believes that 201 residential spots and 66 commercial spots are needed. Perhaps your people should clear up this small discrepancy with Steve. EXHIBIT C CERTIFICATE OF COMPLETION: . . . EXHIBIT D . HOUSE MOVING PERMIT . . . EXHIBIT E .. DEMOLITION PERMIT . . . EXHIBIT F . Memo To: From: Date: Subject: Mayor and City Council IJ .-/ Steve Russell, Community Development Director ,--- April 30, 2004 Final Plat Approval Combining Three Lots into One Lot at 304-309 North Main Street. Case No. SUB-F/04-40. The preliminary plat for the subdivision was approved by the City Council at your meeting of April 6, 2004. The final plat submittal addresses the conditions of approval of the preliminary plat approval (Case No. SUB/04-14 staff report and conditions attached). A development agreement has been submitted for developer approval and is required before final plat recording. . Before site construction/demolition occurs proof of development financing shall be provided for City review. Recommendation: Approval Findings: The final plat is consistent with preliminary plat. Conditions of Approval: 1. The final plat with required easements shall be reviewed and approved by the City Engineer before plat recording. 2. A development agreement with the city shall be signed and entered into before final plat recording. 3. The park dedication requirements shall be paid before final plat recording. Attachments: Application and draft final plat. . Apr 26 04 0?:24a ARCHITECTURAL NETWORK 651 430 0180 p.4 ~)r.n. 2004:3:21FM_ r 9 ^ , ~.J," .J ,..-. ...w N0" :~~ i./,j I .,.1 ~CcimI fPA rlHAL~.AmJOATION ;rBE, ,.;r;. :!. w~.: . .~ pAm .,.. . ( " (i)~~... . . Millie:: . ,st:eU: l:J.8~1 .. ",,.lI' . ~ I 4 ~tgr T.A"'" nBft'alot?MDJ4t .A.iNreu~ ...a 11 Q r. ~ " oF of' t"... .h'tS, . Of.fir\- Eaoao State: M~1 '1W~ \"A~1~~~1~ (2) n....JC1,bM I. II'''' OWM'D llIf--..: ~ A4d1M: .., . ~ ,. .. l " . ,. , ZlpOo4e: S51 2~ Riv.~~6w~ Hol~ina. .9340 M,nde:r;: Road ". 8~~l1MD"A"" .."~ \"Q~~ (a) StJRVIIIOB NIUIlII: ~ A4e1nnl LLC .. ~ (B) Bp""~ 5.50A2 I . 'l1Upb.DD.e: Xur.t llt- 'R'''.~h 'LK_lt)nud ."1'\. Lt.(1.. WL' 1It.1~ C!i.1"l!1. n..-h,.......Sui.a 10n CI~,)JhinAfo~"\io*. . 8W~' ~ . ~t't..oI... (Wl~Qr~~~4:M..11~'(It1 . S!S ~.4.) . . (~ ~~~w Lep1~ ;w ~~nA~. ~~~~~~ ~~.p~ '.~llb~rru R~~.at -1.JiJua 'll'~.n. 1 Ut..~ '"Ql"!unu>"r\fo 1 . (I) NIuM.ot~~ R~" , 1 W1III+..... lIi1111' 9~ Ma.J.D N\aber IIlJael: oJ o.nu1u4 'lIII: CqJ,erOiAl J1Q;!lrll!\~1V1111Ut fi~ lad 11M: C~;M",erajjlll/:R..1d.nt.ial 0amID~ "-W~ .QI1" PzoopoMa ~ . . Jdm'~. . . An~r*I~.-m~ De-cembet 200? ell ~ BBQta.. .....~..ftlC'DI1 m- eapIM b.a _1'IdaIId IV. facbea .. U 1DfMI) ./ 1Iual plat OD -I . , . ......a JII rer-..:-.CO Enololld. .,.. ,lJDe Ill" VdbG ..l'r~"III"'" (1!L1l) . ..." ...... ... ... ".(IUI') ~ Qn~ 4fatWlPt ....... -~ ... (0DnP) 'fI""'.. Oduat-........ (01) .. 'Y' .~.U~IIM~,':" Sice and Qrading- Plan Unclo..d - - . f " .. . . . . {, ..... lwIIu.-ln ~ ~ Previously SUQmiet.d X - JIIlcJ.osed . Received Time Apr.19. 4:31PM 3 c;)~.c. . Apr 26 04 07:23a .'. ....'lI . . ARCHITECTURAL 651 430 01BO p.3 'F. 8/ ;i""r :0,> NETWORK A r r . '. ., [I. . - 3 ., . . .;;.:.. ~ J4 . :~IP,il I\Q.29&9 SUIID..,.._.:JrlOOR Gf 'nil C!m'Of IJmtlWMSa tUol '. IIM..,.i~~ IIPbh' t.hIlIbmt """"',I~_~ec4an IibaU"~1laa _ma&e'la1ll~ with t1ab eppUc8tklD 1l'8~. 1114 MCllIt'BIe .. _ NIiI.........l....... tbU t.he JtPrlfo'- will ==~ ~ It bu beaD. ~ 60.'" ~Al ~ ~'br.lhI~~".~~JQI1t : · ==~j~2L-1:~~:A-1z~~~LC ,I D&I:wI:: ~/J~ 0 t . / ..fo'-O/ V ( L L c.... PLI\AS1ll :Narm: II' SftPIIV flM GWII.C' ".. Dot tb.e appIcat, thI appUftMt m1.'llt prcrr!cle vrlt_ ~_.tlaa ?w =- 1M CIftJII' b1 crrdu t.a.ae ~L ~'~IJ~'1T~'t. UJ/ ' . . ~'//1'. ,/ / ' F"v---r .3.tc:A';"' Lc..._~ ~"'v"'" (", "'i......e.....J U--<-. t>,1 (; " . i- " , I , . . ' I. I . ' '. 411 QDPtt. Received Tile ~pr.19. 4:31PM . 4 cf C .~.- . . RLK ( . KUUSISTO L'fD) ~ Engineering. Planning. Surveying. Landscape Architecture .. Match 6, 2004 Via Courier Mr. Klayton Eckles, PE City Engineer City of Stillwater . 216 Fourth Street North Stillwater, MN 55082-4807 RE: Subniittalof Final Plat and Final Plans Stillwater Mills on Main - Stillwa.ter, MN RLK-Kuusisto, Ltd. Project No. 2004-151-M Dear Mr. Eckles: Enclosed pleaseTmd copies ofthe final plat and final site development plans dated AprilS, 2Q04, for Stillwater Mills 011 Main project. 'IJ1e_plans address the City and agency comments and conditionS of approval of the Historic Preservation Committee and Conditional Use Permit, and include the plat, site plan, and all of the site development plan and engineering requirements. As discussed with Ms. Diane Ward at the City of Stillwater, five full size sets and sixteen 11" by 17" sets of plans are provided for staff review and distribution to the City Council and other entities as required. The Stormwater Management Report will be. finalized and submitted to you after we have incorporated the forthcoming City's response . to MnDOT's question regarding the capacity of the public storm sewer in Mulberry Street. Weare providing the following Summary of responses to the comments provided on the preliminary plans, to facilitate your review and ,approval of the final plans and plat. Memorandum from Shawn Sanders to Steve Russell, dated March 3, 2004: 1. Sidewalks: a. a sidewalk detour an~ parking closure. plan has been prepared and subnritted to MnDOT for permit approval and is included in the attached final plan package. for City approval. In response to a discussion with you regarding City approval of the parking closure on Mulberry Street, the plan indicates the tiineframe that the Contractor expects to require the closure. b. As noted on the plans, the sidewalk width along Main Street and Mulberry Street is a minimum.S'wide. . 2. . Retaining Walls: a. the proposed layout of the retaining walls is shown on the plans. As part of the upcoming pennitapplication process to construct.the walls, a structural design will be prepared and subnritted to the City, most likely by the registered engineer contracted by Recon Modular Wall Systems. b. The entire length ofthe proposed wall designed along Second Street is proposed to have a 42" high safety railing installed along the top. Offices: Hibbing . Minnetonka . Ham Lake . Twin P.Qrts . (952) 933-0972 . 6nOBlue ci"rcle Drive ':. Suite 100'.; MinnetQnka, MN 55343 . FAX (952) 933-1153 . Equal Opportunity Employer . Mr.. Klayton Eckles; PE . APril 6, 2004 . Page 2 3. "Water Qmility"':' As discussed with you,' the plans include treatment for roof drainage, and plaza drainage via an .undergroundtreatment system (Baysaver mechanicaltreatInent system, . or equal). The interior parking garage .floor drainage will be routed into the sanitary sewer. piping as required by code~ The groundwater and perimeter draintiles along the buildings and retaining wall will not require treatment, and will be piped directly into several existmg'catch basins to discharge into the public storm sewer system. The main building perimeter draintile, capturing groundwater, will be pumped via a ~ump pump into the existing catch basin and storm sewer system due to the elevation of the draintile. . . The revised Storrilwater Management Report will include calculations for the stormwater . quality analysis, to include a 15%to 20% overall phosphorus removal for all runoff being processed in the underground treatment facility. In addition1 a wgetated swale, as defined in tlie Best Management Practices, will be constructed along the west green area th~t will . . capture and infiltrate surface overland flow from the open, sloped area between Second Street and the proposed building, to provide treatment, particularly phosphorus removal. The ~wale will be intercepting the majority of the runoff flowing over the vegetated portions of the site as well as from the off-site flow.coming from high, forested portion of the north property; this runoff is assumed to have the greatest concentration of phosphorus. Thecombin-ation of underground treatment and vegetated swale will provide a significant improvement in phosphorus removal and overall suspended solids removal of the site runoff and flows coming from off-site. 4. Street and public sidewalk sections are specified on the plans as noted in the CVUlluent memorandum. . 5. The enclo"sed plans are submitted for approval by the Engineering Department. Conditions of Approval for Case No. SUP/04-14, dated March 8, 2004: 1. Utility plans for the site are enclosed for City Engineer review and approval. 2. RLK has requested that a Development Agreement be drafted by the City Attorney for review, coordination and execution by Four Star Land Development of Stillwater, LLC. 3. t>ark and trail fees will.be paid as required by the Developer. 4. A highway access permit application has been submitted for approval to MnDOT. The permit should be approved in the next week or two. . 5. Drainage and Utility Easements: As discussed with you, a drainage and utility easement is . provided on the final plat over the proposed underground treatment system, within the . proposedfiredepartriientaccess drive'. . 6. Other: Regarding a Maintenance Plan for the underground treatment system, the Homeowner's Association (ROA) will include the treatment system maintenance with the building and facilitj.maintenance.plan. Ifrequired, the Developer's Agreement will specify that the HOA is responsible for the maintenance and will be required to submit a specific' maintenance plan including a schedule of regular checks and removal of the accumulated solids prior to building permit issuance. Typically, a maintenance plan is .developed with an estimated schedu1e" for cleaning the structures out; the ROA will closely monitor the structures for an initial period, and adjust the schedule as determined to be required in the field, based on actual sedimentation after storm events. . . '" . . Mr. Klayton Eckles, PE . April 6, 2004 ' .. Page 3 We hope thIs informationis helpful during your fmalplan review: Feel fre.e to contact me or Chris Carda.. . at 952-933-'0912 if you have questions or require additional information. . We look fOrWard to the April 20th City Council meeting for this project to come before the Council for final approval. Sincerely, RLK-Kuusist9; Ltd. ~~ Michele Jackson Caron, PE Senior Professional Engineer. Enclosures Cc: Via us Mail . . Steve Haglind, Four Star Land Development Greg Johnson, Weis Builders, Inc. MIke Hoefler, The Architectural Network, Inc. Matt Coopet, the Architectural Network, Inc. Keith Rosvold,Braun Intertec Corporation John Dietrich, RLK-Kuusisto, Ltd. Kurt Kisch, RLK-Kuusisto, Ltd. Chris Carda, RLK-Kuusisto, Ltd s.+.ev-e.. eu.sse Il) Cdlj e+. s-l,', /w /..+er . G:\Four Star Land Development LLC\2004-15I-M\. Correspondence\Final Submittal\ltr city final sub 04-05-04.doc '" . ~ # . . . MEMO TO: Mayor & Council FROM: City Administrator Hansen DATE: April 23, 2004 SUBJECT: Dock Permit - St. Croix Boat & Packet Co. The Planning Commission completed their review of the dock permit for the St. Croix Boat & Packet Co. They did not recommend any change to the language of the contract or its requirements. In 2003 Mr. Anderson's fees were increased from $1,200. per boat to $1,300. per boat. He has agreed to pay $1,350. per boat unit for 2004. This will generate $8,100 for the six units and equal a 3.8% increase. RECOMMENDATION: Council approval of the Dock Permit for St. Croix Boat and Packet Company with fees increased to $1,350 per unit ($8,100 total). "" . DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: . 1. LOCATION. The Dock may be maintained in the St. Croix River approximately 1000 feet south of East Nelson Street, on the parcel owned by the City and located south of the Dock Cafe. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 2. NO GAS PUMPS. No gas pump may be located on the dock. 3. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, . national origin, sex or social status. 4. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.11 of the Stillwater City Code relative to the waterfront. 5. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000. 6. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the general and transient boat docking and a report of summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. . :; :"j . . . 7. INSURANCE. The Company must provide the City with Certificate of Insurance evidencing One Million/Three Million General Liability Coverage of their operation, naming the City as an additional insured under the policies as their interest may appear. 8. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 9. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 10. USAGE. The moorage at the dock facilities is limited to five (5) charter and or excursion boats, and a service boat not exceeding 26 feet in length. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event may the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 11. PERMIT FEE. The annual permit fee is $1,350.00 each for the Avalon (a 675 passenger rear wheeler), Empress Andiamo (a 500 passenger rear wheeler), Andiamo Showboat (a 150 passenger rear wheeler), Jubilee (a 150 passenger rear wheeler), the Andiamo (a 115 passenger rear wheeler moored at Sunnyside Marina), the transient boat docks and the Company owned dock for a total of $8,100.00. The permit shall also allow a 26- foot service boat. 12. TRANSIENT BOATS. Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. Transient boats must be limited to dock up not more than 24 hours per stay. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 13. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. -2- " ~ 14. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. . 15. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 16. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision ofthe City with regard to storage. 17. RESERVATION OF RIGHTS: The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 18. RIGHT OF ENTRY., The Company agrees to grant the City a right of entry upon any portion of the City property upon which the Company has constructed tenant owned improvements for the purposes of constructing Phase II and Phase III of the Stillwater Levy Wall project during . the year 2000, subject to reimbursement to Company of any expenses associated with moving tenant owned improvements that are lawfully due to Company and under the Federal Relocation Standards Act. 19. DURATION. The duration of this permit is from January 1, 2004 through December 31, 2004. 20. TERMINATION. This permit may be terminated by the City at anytime it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit. Dated this of .200_. CITY OF STILLWATER By: Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . - 3 - .r ) . APPROVAL OF THE 2004 DOCK PERMIT FOR ST. CROIX BOAT & PACKET COMPANY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Dock Permit between the City of Stillwater and S1. Croix Boat & Packet, 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 4th day of May 2004. Jay L. Kimble, Mayor ATTEST: . Diane F. Ward, City Clerk . " \ City of Stillwater Planning Commission March 8, 2004 . City. It was also noted the project has been reviewed by and approved by the Heritage Preservation Commission. Mr. Peroceschi asked about the distance of the structures from the street. The applicant's representatives explained there is an 8' sidewalk and another 8' upper pedestrian walkway. There was a question about the height of the buildings. It is 50' to the top of the parapet. Don and Kathleen Urey, 316 N. Second St., asked whether construction of the parking garage, one level of which will be below street level, will involve blasting. The Kuusisto people said construction of the garage portion of the project will primarily involve removal of fill. Mr. Peroceschi, seconded by Mr. Turnquist, moved approval as conditioned; motion passed unanimously. Case No. PUD-F/04-15 At the applicant's request, this case was tabled to the April meeting. Case No. SUP/04-11 A transfer of a special use permit for a bed and breakfast, Ann Bean, located at 319 W. Pine St. in the RB, Two Family Residential District. Jeremy Drews and Erin Kaskubar, applicants. . The applicants were not present. Ms. Fitzgerald stated the request IS simply a change In ownership. No changes to the operation are being requested. Mr. Middleton, seconded by Mr. Turnquist, moved approval as conditioned. Mr. Dahlquist asked whether the conditions for all B & Bs are the same. Ms. Fitzgerald stated there is no set number for allowable special events; the new owners are asking for the same number of special events as had been approved for the previous owners. Ms. Fitzgerald also noted that the City had,received no complaints about the operation in the past. Ms. Fitzgerald suggested that if the Planning Commission is considering changing the B & B ordinance, specifically as it relates to special events, the Commission should set up a meeting to discuss the issue prior to taking any action or holding a public hearing. Mr. Dahlquist asked that the spelling of Ms. Kaskubar's name in condition of approval No.9 for special events be corrected. Motion to approve Case No. SUP/94-11 as conditioned passed unanimously. Other items: Yearlv review of St. Croix Boat and Packet Soecial Use Permit - Ms. Fitzgerald pointed out that the Permit now includes use of the dock for boarding for John Kerschbaum's gondola. Ms. Fitzgerald said that arrangement seems to be working well. . 2 ~1 I .' . . . City of Stillwater Planning Commission March 8, 2004 Mr. Middleton suggested that Mr. Anderson's business is an asset to the City and moved approval of the annual review. Mr. Teske seconded the motion; motion passed unanimously. Yearlv review of Linder's Flower Mart SDecial Use Permit - Mr. Middleton expressed a concern about the potential for a traffic problem due to recent improvements at Valley Ridge Plaza and Acapulco's Restaurant. However, he later noted that if a problem does occur, the Plaza likely won't allow Linder's use next year. Mr. Teske expressed a concern about the aesthetic impact of allowing tents for such uses. He also felt the use has a negative impact on local businesses that have purchased buildings and serve the community year around. Mr. Peroceschi suggested that such uses are a "rite of spring" which people like to see. Mr. Middleton also noted that the Plaza has a business association which must approve the use and the business association receives some monetary benefit from the use. Mr. Turnquist, seconded by Mr. Peroceschi, moved approval as conditioned. Motion passed 5-1, with Mr. Teske voting no. Mr. Teske, seconded by Mr. Turnquist, moved to adjourn at 7:45 p.m.; motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 3 . . BOARD OF WATER COMMISSIONERS April 20, 2004 Mayor Jay Kimble 216 4th St N Stillwater MN 55082 Dear Mayor Kimble, 204 North Third Street P.O. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 . FAX: 651-439-4061 John Rheinberger's current term on the Board of Water Commissioners expires on June 30, 2004, He has expressed his willingness to again serve on the Board. It is the desire of the Board to ask for Mr. Rheinberger's reappointment to the Board of Water Commissioners. Sincerely, ~-;-- ;??'~k~ C~ McKnight Manager . . . . MEMORANDUM May 4, 2004 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Additional Applications for Human Rights Commission Appointment DISCUSSION: Attached are two additional applications requesting appointment to the Human Rights Commission. There are three openings on this commission and a total of five applications for your consideration. M. Luanne Shaughnessy - Ward 4 Jane Taves - Ward 3 Jean Lifton - Ward 2 Wally Goettl- Ward 3 Jon P. Kaalen - Ward 2 ACTION REQUIRED: Consider applicants and pass a resolution of appointments to Human Rights Commission. ~ ; . . . vlemorandum To: From: Date: Subject: Mayor and City COUllvii Diane Ward, City Clerk 4/29/2004 Human Rights Commission Appointment The Human Rights Commission has three commissioner openings and an application to fill one of the positions has been received from M. Luanne Shaughnessy. Ms. Shaughnessy lives in Ward 4. ACTION REQUIRED: Adopt a resolution appointing member to Human Rights Commission. ,.J.: . wa.Ler ~ )-~ --=::;; ~ --- -, ~ THE BIRTHPLACE OF MINNESOTA J HUMAN RIGHTS COMMISSION Established by Ordinance 807 and organized per City Code Chapter 25. The purpose of the Human Rights Commission is to aid and advise the City Council in ensuring for all citizens of the City equal opportunity in those areas protected by law and in other related concerns. All members will be appointed for two-year terms that are staggered in order to provide continuity of policy and program. No member may serve more than six years, not including the time served filling the unexpired term of another. The Human Rights Commission meets the last Wednesday of the month. Rev_ 1/04 CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 " \ . . ., ) . . . APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints M. Luanne Shaughnessy to the Human Rights Commission. Ms. Shaughnessy's term will expire January 1, 2006. Adopted by Council this 4th day of May, 2004. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk . . . MEMORANDUM April 30, 2004 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Farmer's Market Request DISCUSSION: Attached is a request from Wendy and Jim Kloek, Stillwater's Farmers Market for the use of the Riverview Lot, June through October on Saturdays from 7:00 a.m. until noon. RECOMMENDATION: This event has been approved in the past. Should a restroom be needed they should contact On-Site sanitation and the costs borne by the farmers market group. March 23, 2004 . Stillwater City Council, We, the members of the Stillwater Farmers Market, would like permission to use the city lot on 3rd and Pine again. We will use the lot from June through October on Saturdays from 7:00am until noon. Our hours of operation are from 7:30 11 :30. Thank you for your support. Wendy and Jim Kloek 11108 Manning Trail North Stillwater MN 55082 LJ 3 Dj ~ <6' 713 /)JA~'O~ tu . . .. ; . . . ORDINANCE NO.: AN ORDINANCE AMENDING THE CITY CODE BY AMENDING ~52-2 FIREWORKS AND EXPLOSIVES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendine. Sec. 52-2 of the City Code is amended by deleting Subd. 1,2,3, and 4 and adopting instead a ~52-2 that reads as follows: 1) "52-2, Subd. 1. Illegal Fireworks Prohibited. Except as otherwise provided by Minn. Stat. Sections 624.20 to 624.25, no person shall offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use or explode any fireworks, as that term is defined in Minn. Stat. Section 624.20, subd. I." 2) 52-2, Subd. 2. Permit Reauired for Legal Fireworks. No person shall offer for sale, expose for sale, sell at retail or wholesale, or advertise for the sale of any legal fireworks unless such person shall first obtain a permit to be issued by the city council in the manner hereinafter prescribed, and unless such person shall comply with the provisions of this chapter and the terms and conditions prescribed in such permit 3) 52-2, Subd. 3. Aoolication for Permit. Subdivision 1. Each applicant for a permit shall file a written and signed application with the city clerk for submission to the city council at its next regularly scheduled meeting. Such application must describe the specific location where, the day or days when, and the hour or hours during which the applicant intends to offer for sale, expose for sale, or sell at retail or wholesale any legal fireworks, and such other pertinent information as the council may deem necessary to enable it to carry out the provisions of this chapter. The application must be accompanied by payment of the license fee as established by city council resolution. No permit may be issued unless: A. The Planning Department has determined the application satisfies the City's zoning ordinances; B. The Fire Department has determined the application satisfies the City's fire code; and, C. The Police Department has determined the application satisfies all requirements of state and local laws. 4) 52-2, Subd. 4. Annlication. Applicant shall file with the application evidence, in the way of a policy or a certificate of insurance, that the Applicant has liability insurance coverage in an amount of $1,000,000 per . \ occurrence to cover permittee's intentional and negligent acts relative to the sale, possession or use of fireworks. Such policy or certificate of insurance shall indicate that the City of Stillwater shall receive notice at least 30 days . prior to the cancellation or termination of the coverage. Any person issued a permit prior to the adoption of this subdivision shall have 10 days from the effective date of this subdivision in which to obtain the insurance and provide evidence of such to the City Clerk. Any permit issued under the authority of this chapter shall immediately terminate upon the cancellation or termination of the insurance coverage required herein. 5) 52-2, Subd. 5. Issuance of Permit. Terms. The council shall grant a legal fireworks permit to an applicant who complies with the provisions of this chapter and provides a completed application with appropriate approvals and proof of insurance, unless the applicant or designated location has been the subject of prior violations of this Chapter. Each permit issued pursuant to this section shall describe the specific location in which such sales are intended to take place, the dates and times in which sales may occur at such location, relevant permittee data, and such other terms and conditions as may be necessary for the proper enforcement of this chapter. 6) 52-2, Subd. 6. SDecial Restrictions. Subd.6(a) No personal shall sell legal fireworks to a person younger than 18 years of age. Permittee and permittee's employees selling legal fireworks must be at least 18 years of age. Vendors of legal fireworks . must verify the age of purchaser by the use of photographic identification. Subd. 6(b) The permittee shall prominently post the permit at all times at the location where the legal fireworks are being offered for sale. Subd. 6( c) The permittee shall keep a 2 1/2 gallon water type portable fire extinguisher at the location where the legal fireworks are being offered for sale and where they are stored at times when they are not offered for sale. Subd. 6( d) The permittee shall prominently post at least two "No Smoking" signs at the location where the legal fireworks are being offered for sale. 7) 52-2, Subd. 7. InsDections: Termination Until ComDliance Gained. Officers of the City's Police and Fire Departments may, at any time when permittee is engaged in selling or displaying fireworks for sale, inspect the premises to determine compliance with this chapter. Permittee must discontinue selling or displaying fireworks for sale until compliance with all provisions of this Ordinance is gained. . .;. , . . . . 2004. ATTEST: Adopted by the City Council of the City of Stillwater this day of Jay L. Kimble, Mayor Diane F . Ward, City Clerk .. ,-:- I' . MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Assistant ~~ Engineer DATE: April 30, 2004 SUBJECT: North Hill Sewer Project Change Order No.2 Project 2000-15 DISCUSSION: . Enclosed is a change order for two additions to the first phase ofthe North Hill Project. The first is to extend storm sewer and sanitary sewer from Highway 95 to Broadway. The extension ofthese utilities will provide the North Broadway Area with new sanitary sewer and improved storm sewer system. These utilities will be extended as part ofthe third Phase of the North Hill Project. The work on Poplar Street would consist of installing new six-inch water main and reconstruct the street. The street was torn up as part of the sewer installation just completed. It is felt that it is best to do these two add- ons now to minimize traffic disruptions on Highway 95 in the upcoming summer months. The estimated cost of this change order $107,700.25. RECOMMENDATION: Staff feels this an good price to complete the improvements on Poplar Street and to install storm and sewer from Highway 95 to Broadway Street.Iit is recommended that Council approve the Change Order No.2 for the North Hill Project. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2004- APPROVAL OF CHANGE ORDER NO.2 FOR THE NORTH HILL SEWER PROJECT (project 2000-15) . APPROVAL OF CHANGE ORDER #2 FOR THE NORTH HILL PHASE 1 SEWER PROJECT (PROJECT 2000-15) BE IT RESOLVED, by the city Council of the City of Stillwater, Minnesota, that Change Order #2 in the amount of $107,700.25 for the North Hill Phase 1 Sewer Project is hereby approved: Change order #1 is to extend storm sewer and sanitary sewer from Highway 95 to Broadway and complete improvements on Poplar Street. The cost is $107,700.25. Adopted by Council this 4th day of May 2004. Jay L. Kimble, Mayor Attest: Diane F. Ward, City Clerk '" .. .... . . . .. I Project No. 2000-15 Date 4/30/2004 Project Description: NORTH HILL SEWER IMPROVEMENT PROJECT PHASE 1 Change Order No.2 . The following changes shall be made to the contract documents: Total: Purpose of TO INSTALL WATERMAIN AND STORM SEWER Change Order AND RECONSTRUCT POPLAR STREET AND INSTALL SANITARY SEWER AND STORM SEWER FROM TH 95 UP SYCAMORE RIW Basis of Cost: Actual Estimated -X ITEM NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL COST I REMOVE C & G LF 700 $ 3.50 $ 2,450.00 2 REMOVE BLACKTOP SY 800 $ 2.50 $ 2,000.00 3 REMOVE STORM SEWER LF 48 $ 15.00 $ 720.00 4 REMOVE STORM MH EA I $ 865.00 $ 865.00 5 6"x6" WET PRESSURE TAP EA I $ 2,600.00 $ 2,600.00 6 6" DIP CL. 52 LF 315 $ 23.50 $ 7,402.50 7 HYD. INCLUDING GV & BOX EA I $ 3,100.00 $ 3,100.00 8 CITY INSTALLED CORP. EA 4 $ 75.00 $ 300.00 9 EXCAVATION FOR CITY INSTALLED CORP. EA 4 $ 600.00 $ 2,400.00 10 CONNECT TO CITY INSTALLED CORP. EA 4 $ 525.00 $ 2,100.00 11 RECONNECT TO EXISTING SERVICE EA 4 $ 600.00 $ 2,400.00 12 CURB BOX & STOP EA 4 $ 200.00 $ 800.00 13 3/4" CUJ:'J:'~R SERVICE LF 45 $ 14.00 $ 630.00 14 I" COPPER SERVICE LF 50 $ 16.00 $ 800.00 IS 15"RCP LF 50 $ 30.00 $ 1,500.00 16 15"FES EA I $ 740.00 $ 740.00 17 2x3 CB 5' BUILD EA 2 $ 1,050.00 $ 2,100.00 18 CASTING 3067 INCLUDING INFRASHIELD EA 2 $ 650.00 $ 1,300.00 . 19 CONNECT TO EXISTING STORM SEWER EA 2 $ 1,300.00 $ 2,600.00 20 54" MH 5' BUILD EA I $ 2,400.00 $ 2,400.00 21 CASTING R2561 INCLUDING INFRASHIELD EA I $ 620.00 $ 620.00 22 CLASS 5 AGGREGATE TON 515 $ 10.00 $ 5,150.00 23 CONCRETE C&G B618 LF 750 $ 9.00 $ 6,750.00 24 MNDOT 2331 WEAR TON 105 $ 53.50 $ 5,617.50 25 MNDOT 2341 BASE TON 155 $ 48.15 $ 7,463.25 26 COMMON EXCA VA TION CY 350 $ 6.00 $ 2,100.00 27 TOTAL $ 66,908.25 EAST SYCAMORE RAVINE 28 COMMON BORROW CY 1500 $ 9.00 $ 13,500.00 29 8" PVC 0-10' DEEP LF 250 $, 22.00 $ 5,500.00 30 STANDARD MH INCLUDING CASTING EA 2 $ 2,500.00 $ 5,000.00 31 IS" RCP CL. N (0-8' DEEP) LF 230 $ 30.00 $ 6,900.00 32 15" APRON EA I $ 740.00 $ 740.00 33 STORM MH 48" DIAMETER 0-8' DEEP) EA 2 $ 2,200.00 $ 4,400.00 34 RESTORATION AND CLEAR & GRUB ACRE 0.4 $ 2,140.00 $ 856.00 35 CONCRETE COLLARS CY 20 $ 150.00 $ 3,000.00 36 STORM SEWER TIES EA 28 $ 32.00 $ 896.00 37 TOTAL $ 40,792.00 GRAND TOTAL $ 107,700.25 Recommend for Approval: By: Shawn Sanders, P.E., Asst. City Engineer Agreed to by Contractor: Approved by the City of Stillwater .y: Jay Kimble, Mayor Title ,~ If . Met110ranc urn To: Mayor and City Council Klayton Eckles, Director of Public Works ~' From: Date: May 5, 2004 Subject: Drainage Issue at the Fugala Property, 12525 N. 62nd Street DISCUSSION . Council recently received a letter from Brown's Creek Watershed District (see attached) suggesting that the City should take the responsibility for increasing the size of a culvert underneath 62nd Street to reduce periodic flooding that occurs on the Furgala property. City staff has had discussions with the BCWD and provided input towards finding a solution to this issue. The specific problem is the flooding of the front yard of the Furgala property as water from Oak Park Heights, Baytown Township, Lake Elmo, Stillwater Township, and Stillwater drain through the property to Long Lake. Stillwater examined this drainage system in 1997 when the AUAR was completed, Our analysis showed that problems would result along the drainage system between Hwy 36 and Long Lake. Stillwater made a number of suggestions to Brown's Creek for correcting this issue including the suggestion that the BCWD capital improvement program include potential improvements on this drainage system. No actions have been taken to correct the drainage system to date. However, the BCWD did recently complete studies of drainage systems in Oak Park Heights, Stillwater, and in Stillwater Township and examined how enhancements to these systems might benefit the Furgala property. As a result of the BCWD studies a number of potential solutions were examined and in the end the BCWD board determined that the City of Stillwater should take action to increase the size ofthe pipe underneath 62nd Street. The proposed solution suggested by the BCWD does not address the long-term problem of a large drainage area from multiple jurisdictions draining through an uncontrolled conveyance path. Also the culvert system owned and operated by the City of Stillwater is more than adequate to handle the water coming from our community. The immediate issue as well as the long-term design for this drainage system appears to be an issue best handled by a wider organization. Although staff suggests the overall issue should be dealt with at the Watershed level there is some relatively minor steps that can improve the situation. The existing pipe has a control device on the intake. City maintenance personnel could remove this device thereby increasing the capacity of the pipe significantly. . May 3, 2004 ~\ '" RECOMMENDATION Staff recommends that City Council direct staff to modify the intake of the pipe underneath . 62nd Street to increase the flow of water off ofthe Furgala property. City staff also recommends that the City Council pass a motion directing staff send a letter to the Watershed District reiterating the City's view of the scope of the problem and the participating government entities. Attachment . . 2 ,~ BROWN'S CREEK WATERSHED DISTRIC'!' , ' ) . 1380 \V Frontage Rd, Highway 36, Stillwater, MN 55082 Tel: 651-275-1136 ext 26 Fax: 651-275-1254 March 25, 2004 Mayor Jay Kimble 412 W. Elm Street Stillwater, MN 55082 John Rheinberger 818 W. Olive Street Stillwater, MN 55082 Gary Kriesel 1451 Lydia Circle Stillwater, MN 5'5082 David G. Junker 615 E. St. Louis Stillwater, MN 55082 Wally Milbrandt 172 Mallard Court Stillwater, MN 55082 Dear City of Stillwater Council Members: The Board of Managers of the Brown's Creek Watershed District has had an issue brought to its attention by Mr. Perry Furgala regarding flooding on his property. Mr. Furgala's property, located at 12525 62nd Street, is at the bottom ofa 351.4-acre drainage area, which includes the area south of Highway 36, the Bradshaw Property and the Bergmann Property. In response to this concern, the BCWD Board directed the District Engineer to analyze the issue to determine the extent of the flooding and potential solutions. This study was completed and presented to the BCWD Board at the August 11,2003 Board Meeting. .. .In that studYJ it was determined that under existing conditions, the modeled 1 OO-~ear high water level (HWL) for the area to the south of 62n Street is 901.0 feet. !l?-e City of Stillwater surveyed the FUt'gala propeliy and found that the lowest opening on the residence is 902.84 feet. Though flooding of the house may not occur for the 1 DO-year event, the water will no drop down below the driveway elevation of 8Q8.3 feet for approximately 2 days. It was determined that removal of the box cul\Tert at 62nd Street or upgrading the pipe underneath 62nd Street with a 36-inch equivalent arch pipe results in significant improvement over existing conditions for all storm events modeled. EaR has recommended that upgrading' the culvert crossing under 62nd Street would result in the greatest improvement for the Furgala property without negatively impacting Long Lake. A copy of the Highway 36 Culvert Flow Feasibility Study has been attached for your use. The BCWD Board would like to request that the Stillwater City Council consider removing the box structure on the culvert under 62nd Street and replace the existing 24-inch culvert with a 36-inch equivalent arch culvert. The District sees this as an appropriate immediate solution to the flooding problem under existing conditions. . However, we understand that the Disttict and the City will need to collaborate to provide additional storage in the contributing drainage area to provide a long-term solution to this issue. Respectfully, ! ). ,1 ( K~~A Karen Kill Administrator, Brown's Creek Watershed Disbict Enclosure cc: BCWD Board of Managers Klayton Eckles, City Engineer w/enc. . Larry Hansen, City Administrator w/enc. Perry Furgala, Stillwater Resident wienc. Managers: Craig Leiser, President .. Karen Kilberg, Vice-President · Barbara Medinger, Treasurer · Gerald Johnson, Secretary · Edward Gordon . Memomndum To: From: Mayor and City Council Klayton Eckles, Director of Public Works 11--(" May 5, 2004 Date: Subject: Stop Sign Control Modifications DISCUSSION Last year the City completed a Stop Sign Inventory study that analyzed the appropriateness of all of our current intersection controls. One enlightening aspect of the study yielded the fact that a number of intersections have stop signs that do not or should not have stop signs. City staff is ready to modify or begin making some of the modifications recommended in the report. To begin the process City staff recommends we make modifications to the following four intersections. o Mulberry and Williams - change the east/west stop signs to north/south . o William and Oak - change the north/south stop signs to east/west o Olive and Martha - change from three way to one way stop o Pine and Fourth Street - change from three way to two way stop These proposed changes have the highest priority. In the case of the Mulberry/William and William/Oak these are offset intersections with the stop signs on the wrong legs. The Olive street stops at Martha are old historical remnants from when Olive was a major route for high school cruisers. The unusual intersection at Pine and Fourth is also a remnant ofthe high school and no longer necessary. The proposed changes will involve notification of immediate neighbors, advanced warnings and flagging. Also a general notice was published in the City newsletter. RECOMMENDATION As a result of the traffic study previously approved by Council, Council should authorize staff to make the recommended changes. . ... j .APril22, 2004 STILLWATER TOWN BOARD MEt:I1NG Town Hall 7:54 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors David Johnson, Jim Doriott, Sheila-Marie Untiedt and Duane Laabs. Also, Treasurer Gloria Sell, Planner Dick Thompson, Attorney Soren Mattick, Police Chief Steve Nelson, National Park Service: Tom Bradley, Robin Mearklin, and Kate Hansen. 1. AGENDA - M/S/P Untiedt/Johnson moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Johnson/Laabs moved to approve the 4/14/04 building inspection meeting minutes as written. (5 ayes) M/S/P Untiedt/Doriott moved to approve the 4/8/04 Stillwater town board meeting minutes as written. (4 ayes, Untiedt abstain) .,;. WATER SKI PERMIT - M/S/P Untiedt/Laabs moved that a permit for a water ski .ourse on Loon Lake be signed for Mrs. Parcheta. (5 ayes) 4. POUCE CHIEF REPORT - 1. Mentioned a meeting about Fairy Falls at 7:00 p.m. on May 5, 2004. 2. Talked about the new east metro training facility. 5. NATIONAL PARK PRAIRIE RESTORATION PROJECT - Robin Mearklin (biologist) talked about the project and apologized for not contacting the board and neighbors before it started. He says the area was prairie originally and will be brought back to that status with local plants that are appropriate. Some trees were removed and one in particular was of concern. It turns out that it was not an oak but a poplar tree. There are plans to bring groups of kids out there to work on the project. The board members expressed serious concern about hunting in the state park nearby. Bow hunting was suggested instead of guns being used. 6. TREASURER- . 1. Report was given. Stillwater Town Board Meeting - 4/22/04 ~ '.. Page'Two 2. Claims were reviewed and checks #16735 thru #16745 were signed. 3. Building inspection records are expected at the end of the month. 7. ATTORNE'(- 1. M/S/P laabs/Untiedt moved approval of the building inspector contract for Jack Kramer. It will be forwarded to him with a starting date of May 3, 2004. (5 ayes) 8. PLANNER- 1. Fees for the Busse Rezoning were given to the clerk for deposit in the bank. 2. Met Council comprehensive plan funding balance of $221.00 will be applied for. 9. PARK COMM11 I t:E - A decision about a fence around the basketball court is on hold until something more is decided about the volleyball court. 10. ADJOURNMENT - Meeting adjourned at 9:50 p.m. Clerk Chairperson Approved . . . 4- ''j Diane Ward From: ~ent: 0: ubject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, April 22, 2004 3:11 PM Linda Engh Washington County Board Agenda - April 27, 2004 Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda April 27, 2004, 9:00 a.m. 8:00 * 8:45 - Reception for Employees Hosted by the County Board * National County Government Week 1. - 9:00 - Roll Call Pledge of Allegiance 2. - 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number 4Itf individual presentations to accommodate the scheduled agenda items. 3. - 9:10 - Consent Calendar 4. - 9:10 - Public Hearing - Community services * Mary Farmer-Kubler, Supervisor Community Development Block Grant and Home Expenditures for 2004 Program Year 5. - 9:30 - Public Health and Environment - Jeff Travis, Program Manager A. Agreement with MN Dept. of Agriculture for Partial Funding Toward Management of Waste Pesticides at the Household Hazardous Waste Facility B. Office Recycling Program and the Green Guardian 6. - 9:40 - General Administration * Jim Schug, County Administrator Legislative Update National County Government Week 7. - 10:00 - Commissioner Reports * Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. - Board Correspondence 9. - 10:20 - Adjourn 10. - 10:20 to 10:55 - Board Workshop with Community Services Developmental Disabilities on Autism 4It1. - 10:55 to 11:40 - Board Workshop with the Office of Administration Performance Measurement and Improvement Progress to Date 1 . 12. - 11:40 to 12:30 - Lunch , 13. - 12:30 to 1:00 - Board Workshop with Assessment, Taxpayer Services, and Elections Help America Vote Act 14. - 1:00 to 1:30 - Board Workshop with the Office of Administration Direction for 2005 Budget Process . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Meeting Notices April 26 - Library Board 6:30 p.m., 8595 Central Park, Woodbury April 27 - Planning Advisory Commission 7:00 p.m., Washington County Government Center April 28 - Mosquito Control Commission 9:00 a.m., 2099 University Avenu~ West, St. Paul April 28 - Reg. Solid Waste Coordinating Board 10:30 a.m., 2099 University Avenue West, St. Paul April 29 - Red Rock Corridor 3:30 p.m., 7516 80th St. S., Cottage Grove ********************************************************* Washington County Board of Commissioners Consent Calendar * April 27, 2004 Consent Calendar items are generally defined as items of discussion, and approved in one vote. Commissioners may item(s) for discussion and/or separate action. routine business, not requiring elect to pull a Consent Calendar . The following items are presented for Board approval/adoption: Assessment, Taxpayer Services and Elections A. Approval to renew application for consumption and display permit and 3.2 malt liquor on-sale license for the Veteran's Rest Camp Association, Inc. Community Services B. Approval to reappoint Jon Larson as Washington County Veterans Service Officer to a four-year term expiring May 16, 2008. Human Resources C. Approval to continue the .40 Special Project Bailiff through December 2004. Library D. Approval of contract to proceed with the implementation of a network security system at the Washington County libraries as recommended by Midwave, pending approval as to form by the County Attorney, and approval of solution at the April 26, 2004, Library Board meeting. Transportation and Physical Development E. Approval of resolution, bid award for bituminous overlays on CSAH 4, 35 and CR 15A and 68 to Tower Asphalt, Inc., lowest responsible bidder, in the amount of $782,346.93, conditioned upon the execution of a contract as required by law. . 2 .... Linda Engh Washington County Administration .hone: 651/430-6010 -mail: linda.engh@co.washington.mn.us . . 3 ,. '. Diane Ward From: Sent: To: Subject: Linda Engh [Linda.Engh@co.washington.mn.us] Thursday, April 29, 2004 11 :05 AM Linda Engh Washington County Board Agenda - May 4, 2004 . Washington County Board of Commissioners 14949 62nd Street North Stillwater, MN 55082 Washington County, County Board Agenda May 4, 2004, 9:00 a.m. 1. - 9:00 - Roll Call Pledge of Allegiance 2. - 9:00 - Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. - 9:10 - Consent Calendar 4. - 9:10 - Human Resources * Julie Sorrem, Risk Manager Minnesota Counties Insurance Trust Annual Report . 5. - 9:40 - Transportation and Physical Development * Jim Luger, Parks Director Big Marine Park Reserve Boat Launch 6. - 9:50 - General Administration * Jim Schug, County Administrator Legislative Update 7. - 10:00 - Commissioner Reports * Comments * Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. - Board Correspondence 9. - 10:20 - Adjourn 10. - 10:20 * 11:05 - Board Workshop with Sheriff's Office 800 MHZ Radio System Funding 11. - 11:05 * 11:35 - Board Workshop with Office of Administration Cogentrix Expansion * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Meeting Notices May 5 - Plat Commission 8:30 a.m., Washington County Government Center . May 5 - Metro Transitways Development Board 1 r 8:30 a.m., 125 Charles Avenue * St. Paul May 6 - Metro Energy Task Force 1:00 p.m., 2099 University Avenue W. * St. Paul ********************************************************* .ashington County Board of Commissioners Consent Calendar * May 4, 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: Transportation and Physical Development A. Approval of license with Cemstone, Inc. for seasonal transfer of loads at the South Shop. Linda Engh Washington County Administration Phone: 651/430-6010 E-mail: linda.engh@co.washington.mn.us . . 2 SE'I"l'LERS GL , KNOW All BY THESE PRESENTS: Andrews, Inc., a Minnesota corporation, owner and proprietor U. S. Home Corporation, a Delawa rporation, contract purchaser of the following bed property situated in the County Washington, State of Minnesota to wit: Outlot A, SETTLERS GLEN 4TH ADDITION, Washington County, Minnesota. ing to the recorded plat thereof, Have caused the same to be surveyed and platted as SETTLERS GLEN 6TH ADDITION and do hereby donate and dedicate to the public for public forever the Lane, Court, and Way, and also dedicates the easements created by th plat for drainage and utility purposes only. In witness whereof said Andrews, Inc., a Minnesota signed by its proper officer this day of rporation, has caused these presents to ,200 ANDR I INC. By: I as STATE OF COUNTY F This instrurnent was acknowledge(j before me tl1 by , corporation i on behalf of the corporation. day of , 200 of Andrews, Inc., a Minnesota - Notary Public,_____ County, My Commission Expires December 31 st. 2 In witness whereof said U. S. Oille orporation, a D aware corporation, has presents to be signed by proper officer this .. day of used these ,200 U. S. HOME CORPORATION By: STATE OF UNTY OF , as This instrument was acknowl eel before me by____, as Delaware corporation, on behalf of the corporation. day of of U. S. Home orporation, a Notary Public, County, My Commission Expires December 31 st, 2005. l . ! 1 I I 1 I I I J I hereby certify that I have surveyed and platted the rty described on this plat as SETTLERS GLEN 6TH ADDITION; that this pht is a correct representation of said survey; that all distances are correctly shown on the plat in and hundredths of a foot; that all monuments have been correctly placed in the ground as shown or will be correctly placed in the ground as designated; that the outside boundary lines are correctly designated on the plat; and that there are no wet lands as defined in Minnesota Staiues, on bd. 1. or public highways to be designated other than as shown on said plat. Henry D. Nelson, Land Surveyor, rv1inn. Reg. NO.1 STATE OF MINNESOTA COUNTY OF ANOKA The foregoing Surveyor's Certificate by Henry D. NO.1 acknowledged before me th n, Land Surveyor, Minnesota Registration y of , 200 Max L. Stanislowski Notary Public, Anoka County, Minnesota My Comm on Expires January 31 st, 2005. 6'1'11 ADDI'llION CI UNCIL OF STILLWATER, MINNESOT This was approved by the City Council of thf~ ity of Stillwater, Minnesota, this and hereby certifies compliance with all requirements forth in innesota Statutes, Section 505.03, Subd 2. By: , Mayor of By: , Clerk Y of fy that this instrument was filed in t of , 200 , at County s. office of the County Recorder for record on this o'clock .M., and was duly recorded in APR Q 1 7flfl A McCOMB FRANK ROOS ASSOCIATES, INC. INEERS AND I,AND SURVEYORS , Planning Commission Chairman By: , Planning mmission Secretary WASHINGTON COUNTY SURVEYOR Pursua Chapter , Laws of Minnesota, 1 ,200 1, th plat has been approved this _ By: hington County Su By: WASHIN N CO NTY AU ITOR/TR URER There are no delinquent taxes, the current taxes due and payab for the paid, a transfer has been entered this day of r 200 have .200 By: d n u By: WASHI N 0 RECORDER No. Wa Cou nty Deputy HEET 1 OF 3 SllEETS ": ,/ - D {/ /~ ~ S T"'~~. I.~ rI'~ L -l~ ~ 200 RAPHIC SCALE o 1 00 200 . I I , _~ J ( SCALE IN FEET ) 1 INCH == 100 FE 400 I j o DENOTES SET, 1/2 INCH BY /4 INCH IRON PIPE 'MTH PLASnC CAP INSCRIBED RLS, 1 THESE MONUMENTS 'MLL BE PLACED IN THE GROUND AS SHOWN 'MTHIN ONE YEAR AFTER THE RECORDING DA TE OF THIS PLA T. . DENO BY INCH IRON WI PLAST1C CAP INSCRIBED RLS. 17255, UNLESS OTHER'MSE SHOWN. THE ORIENTA nON OF THIS BEARING SYSTEM ASSUMED. VICINITY MAP s ,19, T, 30 N, R, ~~\ I t.t t.t ~\,. \ -:- z LJ ~ C) z Z Z <C :2 - CO. RD. NO. 64 ("'cKUSICK RD. N.) ~N ,l('P/y Y/i N. .~ - &0 o Z ::I: .( en . u s~ ' \ b. 80TH ST. N. (BOUTWEll RD. N.) N 10 LE '" '" ,,"^'--EOGE ~ ',,- I WET LAHO " / " LAN 0 ~r \ ~~; '~~.. \ 1<'t9. \ ~; -E>; ~ '<tt"~ ~~ \ ~"<6 '1 $\ /' <...,... .., $ ~.'\, " :: . ,"> ~~: - '\, , NJI"2IJ'OJ"W , v ...-.7(-6449 ~ '& ,,'" / '- ".9"OO'J2"w r - ".. / .........;~!7,20 N70"02'~"w ~. 1'1 I'" / .".,.'- ~ 8J 50 / ,,/" I'~' N63"5J'J6.W ill I" / ......--,,<'..109.48 :., ill lit I /" ,''''!'" ~ r " '" ~3;!'l 8", f ~6"'<1n.. ........ (!z 8 ~i N ~~.~::? . .~.... In.. "v' -- ... N...P! fie :> V'II:oJ'" It -... --k-zr ;: VI..;:! ;:> 'o-JJ'f I I . I on VI I J!? 62 1e"..36""',/ \ II' I L .~ Z N)/~ '8 '" W E\T Ill)l N<< -:i- "8:5.,. \ I I 1\ /I II J/ " / \ /1 I ; S GL. E"'.......".."'~NJ T 6~1"'''I'''''''1I-..... I... AD- D. 1."""""I".'''''..''''''.''''1'O.'~- . ,~ .- - Willi I III 1'1,111", . -- . ... -. 1 I ... .... i. 0.... ..-; ~ ........ -- ---~ t I -- ~TH 1/4 (;(1?N[R Of SEe. 19. T. 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AND ADJOINING lOT LINES, AND 10 FEET IN WIDTH, UNLESS OTHERWISE INDICA TED, AND ADJOINING RIGHT- WAY LINES AND REAR LOT LINES, AS SHOWN ON THE PLAT, . DENOTES FOUND, 1/2 INCH BY 14 INCH IRON PIPE WITH PLASTIC CAP INSCRIBED RLS, 17255, UNLESS OTHERWISE SHOWN, THE ORIENTA TlON OF THIS BEARING SYSTEM IS ASSUMED, ~ )> () rT'\ -< z ~ o -.J IJI -.J ., . ~ VI -.J...o V-' IJI . ::IE 60 S8S.,7',;r.w 117 -- - 1800', tV tV IJI CoI IJI l=354.41 G Hie 0 30 60 1 I I L 1 I ~ ( SCALE IN FEET ) 1 INCH :.::: FE ~ 9 o l'r~., ~O rn A 104.17 1023- __ t.1 ~ IJI IJI, o .., r<' ~~~ IJI ~. ~Iv" 3 ~\~ lOt?! 3 ~,. i ". ~~ ~ ....\.Z~ ~"rf'/..,~ "-:: ~ ,,~'\- 1 ).~ .\),> V'\.'O\) ,,'> sS,>'> ",:>, s<? ,/ "8 \ '~ 4 o url'~orr c DRAINAGE &' UTlUTY EASEMENT OVfR ALl if OOn.OT A r'\itll1 l~"" "\~\~ \ 010 ~~\% 2 ~ \ \ \~ 4 ~ '~. 74.38___ __ II~ 1 . I,..,.. '~I N 5 "<t' I'~ .. r ~ 6 ,~q ; .s,,; ~ lOP) P ;iO(/). "~)~Z i1'" ~/...~ II N8S'OS'24"W -;:-6.23 DRAINAGE 4c UTILITY EASEMENT O"VfR ALL or OU flor c 3 w . r---. p ~ " o o z 2 _J L...,02.39 b,...,6.45.44" 4.11 o V> \ \S -' <> ~\ ~ 4 ~N':-> J L 92,210: 5 2 ... O' ..., ~~;;;s~ NO' N ...,00..., II "<t;:t II .J1I'<t(j O::.I!J 4 Ii <J o urn~o~'~ ......., H ~ /I <J / VICINITY MAP SEe. 19.1. 30 N, R, 20 W ~~\I~ ~\,\I~ o UT.i~O 7 Cl II :2 - RD. NO. 64 --- (WcKUSICK RD. N.) ~N <'("PH r~ ~ .t9, DRAINAGE &- uIJUTr EASEMENT OVfR ALL OF OUTLOT F , , ., . . . .' " . 10 " ' '. ~ , . . . . IN ET s~ ' \ " . . . ., 80TH Sf. N. (BOUTWELL RD. N.) So / McCOMBS FRANK HJ)OS ASS()(]A TES, IN(:. ENGINEERS AND LAND SURVEYORS TO SCALE ___ ~;U",""'''''''''" SHEET 3 OF 3 SHEETS STILL WA TER KNOW ALL MEN BY THESE PRESENTS: That Four Star Development LLC, 0 limited Iiabilty company under the Lows of the State of Minnesota. owners of the following described property situated in the County of Washington. State of Minnesota, to wit: Lots One (1). Two (2), and Three (3), Block Seventeen (17); port of Lot Four (4), and Five (5), and Six (6), Block Seventeen (17), port of East Linden Street vacated, adjacent to said Block Seventeen (17), and strip of land lying immediately North of East Linden Street vacated, all of which is located in the City of Stillwater, said County and State, and 011 of which is bounded and described os follows: Commencing at a point on the West line of North Main Street, Fifty (50) feet North of its Intersection with East Mulberry Street and measuring thence Northerly along said West line of North Main Street and said West line of North Main Street produced along the semi-tangent of curve to the right in said Street for a distance of Two Hundred Ninety-three and six-tenths (293.6) feet; thence in a Westerly direction on 0 line deflecting to the left at on angle of 73 degrees 28 minutes with the West line of North Main Street os produced along the aforesaid semi-tangent heretofore described to on intersection with the East line of Block Ten (10); thence Southwesterly along said East line of Block Ten (10), to the North line of vacated East Linden Street; thence Southwesterly along the north line of said vacated East Linden Street to the East line of North Second Street; thence Southerly along the East line of North Second Street (and the East line of North Second Street extended across vacated East Linden Street) Two Hundred ten (210) feet to the Southwest corner of Lot Three (3) in said Block Seventeen (17); thence Easterly along the South line of said Lot Three (3), a distance of One Hundred (100) feet; thence Southerly to a point on the South line of Lot Six (6), Block Seventeen (17), distant Two Hundred (200) feet Westerly from the Southeast corner of said Lot Six (6); thence Easterly along the South line of said Lot Six (6) One Hundred Sixty-eight (168) feet; thence Northerly along a line parallel to the East line of said Lot Six (6) for Fifty (50) feet more or less to the North line of said Lot Six (6); thence Easterly along the North line of said Lot Six (6) Thirty-two (32) feet more or less to the point of beginning; sub ject to reservation to the State of Minnesota all minerals and mineral rights as to the East One Hundred (100) feet of the West Two Hundred (200) feet of said Lot Six (6), Block Seventeen (17), as provided by law; all according to the map or plat thereof on file and of record in the office of the Register of Deeds In and for the County of Washington, State of Minnesota; also any and 011 easements, right-of-way, and all right, title and interest of the Grantor in and to any and all spur train switching rights on, over, or across said premises, together with all herditements and appurtenances belonging to or any wise incident to the use of said premises. "as amended by Myron Shephard's Perfected Plot of the city of Stillwater doted May 21, UP8" (Torrens Property per Certificate No. 48807) AND The East 32 feet of Lot 6, Block 17, of the Original Town (now City) of Stillwater, according to the plot thereof on file of record in the Office of the County Recorder, Washington County, Minnesota. (Abstract Property) AND The West 100 feet of Lots 4, 5, and 6, Block 17. Original Town (now City) of Stillwater, Washington County, Minnesota. (Abstract Property) Have caused the some to be surveyed platted as STILLWATER MILLS ON MAIN and do hereby donate and dedicate to the public for public use forever the drainage and utility easements as shown on this plat. In witness whereof said Four Star Development LLC, a limited Iiabllty company under the Lows of the State of Minnesota, has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this _ __day of_ ____ 2 _' Four Star Development LLC Signed By: __________._______its__________ STATE OF MINNESOTA COUNTY OF _ ____ ___ The foregoing instrument was acknowledged before me this _ ___________, of Four Star Development LLC. _ day of____ __, 20 ____ by _____ ___ it's Notary Public, ___ County, Minnesota My Commission expires MILLS ON MAIN /'" RLK (J..~....o ~AaJ ) ~ RLK - Kuusisto, Ltd. I hereby certify that I hove surveyed and platted the property described on this plat os STILLWATER MILLS ON MAIN; that this plat is a correct representation of said survey; that 011 distances ore correctly shown on the plat in feet and hundredths of 0 foot; that 011 monuments have been correctly placed in the ground as shown; that the outside boundary lines are correctly designated on the plat; and there are no wet lands as defined in MS 505.02 Subd. 1 or public highways to be designated on the plat other than as shown. Kurt M. Kisch, Licensed Land Surveyor Minnesota License NO. 23968 STATE OF MINNESOTA COUNTY OF ___ The foregoing surveyor's certificate was acknowledged before me this ____ day of _________ _, 20 _____ by Kurt M. Kisch, Licensed Land Surveyor. Notary Public, County, Minnesota My Commission expires CITY OF STILLWATER, MINNESOTA This plat of STILLWATER MILLS ON MAIN was approved and accepted by the City Council of Stillwater, Minnesota at a regular meeting thereof, held this _ __ day of ___ , 20 __ . and is in compliance with the provisions of Chapter 505.03, Subd. 2, Minnesota Statutes. STILLWATER, MINNESOTA By. __ Mayor By. Clerk AUDITOR\ TREASURER There are no delinquent taxes, the current taxes due and payable for the year __ entered this _____ day of _ ________, 20 . __ have been paid and transfer has been By. __ _ _____ Washington County Auditor\ Treasurer By. _ Deputy COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this day of __________, 20 . By. ____ _ Washington County Surveyor By: ___________ Assistant County Surveyor COUNTY RECORDER DOCUMENT NUMBER I hereby certify that this instrument was filed in the Office of the County Recorder for record on this ______ day of ___________, 20 _ _, at ____ . o'c1ock .m. and was duly recorded in Washin9ton County Records. By. __ _ ______ Washington County Recorder By: Deputy SHEET 1 OF 2 SHEETS \ \ \ \ \ ~ ,. ..., I , I ,,_ ..---- ..----- ~ ".. '" I .... " ..----- ..----- ..----- ..----- \ \ \ \ 60 ~ A I I -,- ..----- .., .I '-- ..----- .., <C ..." ..----- ..----- ---- ..----- ..----- ------ MILLS ON MAIN STILL WA TER ...,-lI: Q)O 00 WQ5 I S08J8~611W \, svee\ 19.69~' \.\(\oe(\ ~O$t o\eO \ \10<:' "'/1 \,(\e 0 '4"% {....- \,\O(\n \ .31.3 ""0 i 51150.0 I I ,., I ..,.., I , "0( I I 1 I Ii\ I..... 1.._ ,... ,... 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BASIS OF BEARINGS For the purposes of this survey the East line of Block 17, ORIGINAL TOWN (NOW CITY) OF STlLLWA TER, according to the recorded plat thereof, Washington County, Minnesota is assumed to bear N1r46'S1"W. LOCATION MAP NOT TO SCALE I " \ '~ \ \ ..----- \ ~ ..-----\ ~----\ ..--------\ -=: ~ ------ \ ..... --\ \ j NORTH SECTION 28, TOWNSHIP 30, RANGE 20 WASHINGTON COUNTY, MINNESOTA. ~ NORTH '---" ~ 0 30 60 I . . ~ SCALE IN FEET ~ -RLK ( KUVI:IIB'1"O LTD ) ~ RLK - Kuusisto. Ltd. SHEET 2 OF 2 SHEETS