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HomeMy WebLinkAbout1993-02-02 CC Packet e e e , ~~ AGENDA STILLWATER CITY COUNCIL February 2, 1993 REGULAR MEETING RECESSED MEETING STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Dir. 10. 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 4. Comm. Dev. Director 7. Fire Chief 5. Parks & Recreation 8. Building Official 6. Consulting Engineer 9. City Attorney City Clerk 11. City Coordinator 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES - Special Meeting - January 12, 1993. Regular Meeting - January 19, 1993. INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Commendations to various commission members for past service. (Resolutions) 2. Jim Hainlen - Discussion of need for sidewalks in area of Sr. High School (soon to be Jr. H.S.) PUBLIC HEARINGS 1. This is the day and time for the Public Hearing, and possible second reading, of a Zoning Ordinance Amendment for a Forest Protection Ordinance, Case No. ZAT/93-1, City of Stillwater, Applicant. Notice of the hearing was published in The Gazette on January 22, 1993. (Regular Vote) 2. This is the day and time for the Public Hearing to consider a Variance for placement of two signs which include a 48 sq. ft. free-standing sign & a 16 sq. ft. wall sign at 14460 No. 60th St. (Goodwill) located in the BP-C, Business Pk. Comm. Dist., Case No. V/93-1, Scenic Sign Corp., Applicants. Notice of the hearing was published in The Gazette on January 22, 1993 and mailed to affected property owners. (Regular Vote) 3. This is the day and time for the Public Hearing to consider a Variance to the Zoning Ordinance for an existing fence which exceeds the six ft. height maximum & exceeds the previous Variance granted for an eight ft. fence (Case No. V/88-27) located in the RA, Single Family Residential Dist., Case No. V/93-2,Richard Edstrom, Applicant. Notice of the hearing was published in The Gazette on January 22, 1993 and mailed to affected property owners. (Regular Vote) 4. This is the day and time for the Public Hearing to consider a Variance to the Parking Ordinance for the renovation of a 3,200 sq. ft. vacant second level of a commercial structure into a retail space (Mid Town Antiques) located at 214 So. Main St. in the CBD, Central Business Dist., Case No. SUP/93-3, Larry Martin, Applicant. Notice of the hearing was published in The Gazette on January 22, 1993 and mailed to affected property owners. (Regular Vote) 1 5. This is the day and time for the Public Hearing to consider a Variance to ~ the Sideyard setback requirement for the placement of an accessory structure (approximately two ft. proposed, five ft. required) located at 2304 Fairmeadows Rd. in the RA, Single Family Residential Dist., Case No. V/93-4, Michael & Sandra Hudson, Applicants. Notice of the hearing was published in The Gazette on January 22, 1993 and mailed to affected! property owners. (Regular Vote) 6. This is the day and tile for the Public Hearing to consider a Special Use Permit & Variance for ~~ 5,000 sq. ft. expansion of St. Croix Valley clinic with a 29 ft. setback rom Everett St. (30 ft. required) located at 921 So. Greeley St. in the RB, Two Family Residential Dist., Case No. V/SUP/93-5, St. Croix alley Clinic, Applicant. Notice of the hear~ng was published in The Gazette on January 22, 1993 and mailed to affectedj property owners. (Regular Vote) i 7. This is the day and tite for the Public Hearing to consider a Special Use Permit for a 2,400 sq. ft. expansion of the deck at the Freight House for placement of a tempora y tent structure located at 305 So. Water St. in the CBD, Central Businbss Dist., Case No. SUP/93-6, Todd Weiss, Applicant. Notice of the hearing was published in The Gazette on January 22, 1993 and mailed to affected property owners. (Regular Vote) UNFINISHED BUSINESS ! 1. Continuation of Reques!t for Support of Special legislation Exempting Lowell Inn from lodging Tax. (Resolution) 2. Final Plat approval fo~ a 5 lot subdivision, Green Twig Way, located north of Eagle Ridge Trail, next to Oak Glen, in the Single-Family Residential Dist., Ti~ Nolde, Applicant. (Resolution) 3. Review & Approval of Algreement for Purchase of Railroad land located south of Dock Cafe. (Resolution) 4. Discussion of Southeast Sanitary Sewer Repair, l.I. 285. (Resolution) 5. Continuation of Appointments to Various City Boards & Commissions: a. Solid Waste Commission. (Regular Vote) 6. Continuation of Appointments of Council liaisons to City Boards & Commissions. (Regular Vote) a. Solid Waste Commislsion. b. Middle River & Browns Creek Water Management Organizations. .. e e NEW BUSINESS 1. Downtown Council - Reqluest for "Music on the Waterfront" Lowell Park, July 14 - August 25. (Regular Vote) I PETITIONS, INDIVIDUALS & dELEGATIONS (continued) CONSENT AGENDA (Resolut on) 1. Resolution Directing Payment of Bills (Resolution No. 93-22). 2. Applications (list to ~e supplied at meeting) 3. Ratification of Councill Poll on January 22, 1993 setting Special Council Workshop Meeting on Jl'nuary 25, 1993. COUNCIL REQUEST ITEMS ~ STAFF REPORTS (continued) I concerts in 2 e e e ~OMMUNICATIONS/REQUESTS '. Thomas J. Ryan, Minn. Natll. Guard - Reply to Mayor Hooley's letter regarding new Armory. (Informational) 2. James Kolb, Valley Transit, Inc. - Request for City support of Saturday service. (Resolution) 3. Chamber of Commerce - Notice regarding 1993 "All Cities Banquet" Feb. 10, 1993. (Regular Vote) ADJOURNMENT Possible Adjournment to Executive Session to discuss Labor Relations. 3 ^ '^~,'-:"--;;": . ~ ~, " .6, :... JDB Florist Ltd. January 29, 1993 Stillwater City Council City Hall Mr. Mayor & Council Members, As in the past, we are again asking app parking on thebloc~ between Nelson Alley and dates of FebrJary 12, 13 & 14. We ~ill also r for the same approval on Mother's Day weekend, oval for 15 minute live Street on the quest at this time May 8 & 9. Due to the increase in traffic to our shop and those in the surrounding area during these times, we would like to make it as convenient as ~ossible for our local customers. Last year we had no traffic problems or congestion. The only problem we did have was not receiving the 15 minute parking signs as promised from the city (at their request). If we could arrange for signs to be placed before 8 am on Friday, we would greatly appreciate it! We cannot tell you the number due to this convenience. We of great benefit and would ask , a later date.. of appreciative customers we had feel that permanant signs would be that the council consider this at e Qtillwater ~ - ~, THE BIRTHPLACE OF MINNESOTA . J MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: ANN PUNG-TERWEDO, PLANNER DATE: JANUARY 29, 1993 SUBJECT: PERRO POND AND PERRO CREEK e Background: A workshop was held on January 27, 1993 to review the various options for the Perro Creek Scoping Study Project. Bayport, Oak Park Heights and Bay town Township and Stillwater, a sub-watershed of the Middle St. Croix Watershed Management Organization, has been studying the Perro Pond (Prison Pond) and Perro Creek issue as identified in the Middle St. Croix Watershed Plan. This broad study has identified several options for solving the pump problems in Perro Pond and the flooding of Perro Creek in Bayport. These options have only been identified at this point. The project proposed will study these options in detail and determine the best feasible solution for correction of the pond pump and creek flooding. The total project cost for the municipalities is approximately $80,000 or $45.00 per acre. There are 1,646 total acres in this sub-watershed. The City of Stillwater has 66 acres. The cost to the City would therefore be $2,970.00. The City has budgeted $5,000 for engineering services in the Middle St. Croix River Watershed budget for 1993. Recommendation: From the Middle St. Croix Watershed Management Organization. The Middle St. Croix Watershed Management Organization would like to begin the study this year. A flood/erosion control grant will be submitted to the DNR which could possibly pay one-half of the total cost of the project. This is not definite. In order to proceed with the study, the Stillwater City Council must direct the following: 1. Approval to proceed with the project. 2. A commitment to contribute Stillwater's share in the project of $2,970.00. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e 01'22:93 10: 09 F.il 612 ~90 2150 SEH ST. PAl"L ~~.. STILLWATER ~OOi 1007 e ~ IJ t: (c 'Ji~SO~o ) e . ">'~ "1 \ ,tillwater ~~~;- - ~i'\ THE BIRTHPLAr.E OF MINNESOTA J TIMOTHY J. BELL CAPTAIN ~ONALD L. BEBERG . CHIEF OF POLICE POLICE DEPARTMENT M E M 0 RAN DUM TO: ~1AYOR HOOLEY AND THE CITY COUNCIl.. FROM: D.L. BEBERG. CHIEF OF POLICE DATE: JANUARY 28, 1993 RE: POLICE DEPARTMENT REQUESTS ------------------------------------------------------------------ e 1) WE REQUEST THE REMOVAL OF THE TWO STOP SIGNS ON OLIVE STREET AT THE MARTHA STREET INTERSECTION. THESE WOULD BE THE EAST AND WEST BOUND SIGNS THERE. MARTHA SfREET IS "STOPPED" AT OLIVE SlREET AND THAT SIGN SHOULD BE SUFFICIENT AT THAT INTERSECTION. SEVERAL OF OUR OFFICERS HAVE SPENT A BIT OF TIME WATCHING THE INTERSECTION AND WITH THE SMALL AMOUNT OF TRAFFIC THAT TRAVELS THRU THERE I THINK IT WOULD BE OK TO REMOVE THE SIGNS. IF TRAFFIC INCREASES AND WE DEEM THE STOP SIGNS NECESSARY AGAIN, I WILL BE BACK TO ASK TO HAVE THE SIGNS PUT BACK UP. IF THE 2 STOP SIGNS ARE REMOVED ON OLIVE STREET, WE ASK THAT A SMALL SIGN BE PLACED UNDER THE STOP SIGN ON MARTHA ST. WITH WORDING TO THE EFFECT "CROSS TRAFFIC DOES NOT STOP". 2) I REQUEST PERMISSION TO ADVERTISE FOR 2 SQUAD CARS 10 REPLACE THE TWO 1990 CHEVROLETS WE NOW HAVE (ONE HAS 91.000 MILES ON IT AND THE OTHER HAS 77,000 MILES). THERE IS MONEY IN THE BUDGET FOR THESE TWO CARS. 3) I REQUEST THE OK TO SEND ONE OFFICER TO A "USE OF FORCE INSTRUCTOR SEMINAR" WHICI~ IS PRESENTED BY THE "GOVERNMEN1. TRAINING SERVICE" AND IS TO BE HELD AT THE HENNEPIN COUNTY COMMUNITY COLLEGE IN BROOKLYN PARK, FEBRUARY 22-26. THE NEED FOR THIS Cl.ASS, AND INSTRUCTOR IS TO TEACH THE OIliER OFFICERS IN OUR DEPARTMENT "INTERMEDIATE USE OF FORCE" t.JHICH IS THEfYPE OF FORCE AN OFFICER USES BETWEEN USING HIS I..IANDS ON A SUI::1JEC T AND IJSING HIS/HER FIREARt1. THE LACK OF THIS TyrE OF TRAINING cnULD HUf~l IlS IF THERE IS EVER A LAWSUIT AGAINST US RFl.1Af~DING 1111:. ()Cor: UF 10f<CE. II IS ALSO TO HELP PROTECT THE OFFICER FROM BEING INJURED. lHE COST OF THE CLASS IS $580.00 AND THERE IS MONEY IN THE ff<AINING BUDGET FOR THIS. e 212 North Four!h Slrpp!. StillwCllpr, rv1innec:;ota S5082 Business Phone' (~12) 1'1().1111 · 1\1()-1336 · FAX: 439-0456 Policp Response I Assistance: 911 e e It t 4) TO GO WITH #3, WE WANT TO PURCHASE NEW INTERMEDIATE WEAPONS FOR THE DEPARTMENTS OFFICERS; PE;PPE;RM0c::E;:.. IS CAYENNE PEPPER IN AN AEROSOL CAN. THE ADVANTAGE TO THIS IRRITANT IS THAT THERE ISN'T ANY TYPE OF CHEMICAL IN IT THAT CAN HARM ANYONE AND IT IS ALMOST 100% EFFECTIVE ON HUMANS AND ANIMALS WHERE THE OLD TYPE OF MACE COULD CAUSE INJURIES AND DID NOT HAVE ANY EFFECT ON CERTAIN HUMANS AND NONE ON ANIMALS. THIS DEPARTMENT BANNED THE USE OF THE OLD STYLE CHEMICAL MACE YEARS AGO. t?l$P: THIS IS A COLLAPSIBLE TYPE NIGHT STICK THAT THE OFFICERS WILL BE ABLE TO CARRY ON THEIR PERSON AS IT IS ONLY ABOUT 8 INCHES WHEN COLLAPSED AND THEN EXTENDS TO 21 INCHES WHEN IT IS TAKEN OUT FOR USE. IT WILL BE MANDATORY FOR ALL OFFICERS, FULL AND PART-TIME, TO CARRY ONE OF THESE INTERMEDIATE WEAPONS AT ALL TIME WHEN ON DUTY - SOME OFFICERS HAVE ELECTED TO CARRY BOTH. THE PRICES OF THESE ARE: PEPPER MACE HOLDER ---- ASP-------- HOLDER----- $13.50 14.00 45.00 20.00 ALL I CAN DO AT THIS TIME I~ MAKE THE BEST ESTIMATE I CAN, AS FAR AS A TOTAL EXPENDITURE OF WHAT IS NEEDED AS WE ARE IN THE PROCESS OF LETTING THE OFFICERS DECIDE WHAT THEY WANT TO CARRY. THE HIGHEST DOLLAR FIGURE, HOWEVER, WOULD BE $1,900.00 (TAX INCLUDED) AND THERE IS AMPLE MONEY IN THE BUDGET FOR THIS. 93-08 .....Sal eENCINEERS. ARCHITECTS. PLANNERS CHANGE ORDER 3S3S VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA SS110 612490-2000 City of Stillwater January 19, 1993 OWNER DATE L. I. 276 OWNER'S PROJECT NO. CHANGE ORDER NO. HIGHLANDS OF STILLWATER 2ND. ADDITION 92059 PROJECT DESCRlmON SEH FILE NO. The following changes shall be made to the contract documents Description: 1. Furnish and install 24" Apron, Trash Guard and Rip Rap. Purpose of Change Order: To provide an outlet for the existing pond. e Basis of cost @ctual Attachments (list supporting documents) Gstimated CONTRACT STATUS Time Cost Original Contract Net Change Prior Change this C.O. $302,577.34 $0.00 $1,200.00 $303,777.34 Revised Contract lSJ-I. ;/ Recommended for Approval SHORT-ELLIOTf-HENDRICKSON, INC. By Barry C. Peters, P. E. Approved for Owner: City of Stillwater ---..----------'----"-~.~~ By TITLE By DistributioB Conlraclor 2 Owner 1 Project Representative I SEH Office I e SHORT ELLIOTT HENDRICKSON INC. ST PAUL, MINNESOTA CHIPPEWA FALlS, WISCONSIN WARRANTY DEED corporation or Partnership to Corporation or Partnership \realest\ground. jell e No delinquent taxes and transfer entered; certificate of Real Estate Value ( ) filed ( ) not required certificate of Real Estate Value No. , 19 County Auditor by Deputy (reserved for recording data) STATE DEED TAX DUE HEREON $ Date: ,19_ FOR VALUABLE CONSIDERATION, Ground Development. Inc. , a corporation under the laws of Minnesota, Grantor, hereby conveys and warrants to citv of Stillwater , Grantee, a municipal corporation , real property in Washinqton County, Minnesota, described as follows: That part of Outlot A, The Highlands of Stillwater, Washington County, Minnesota, described as follows: Commencing at the southwest corner of said outlot; thence on an assumed bearing of North 1 degree 01 minute 30 seconds West, along the west line of said outlot, 33.01 feet to the actual point of beginning; thence continue along said west line, 150.05 feet; thence South 89 degrees 30 minutes 11 seconds East, 150.05 feet; thence South 1 degree 01 minute 30 seconds East, 150.05 feet; thence North 89 degrees 30 minutes 11 seconds West, 150.05 feet the actual point of beginning, subject to easements, if any, see illustration attached as Exhibit A. e Seller certifies that Seller does not know of any wells located on the above-described real property. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: GROUND DEVELOPMENT, INC., a Minnesota corporation By:'q~~L \VAvl '. L-\ Its: By: Its: STATE OF MINNESOTA) COUNTY o4~~ SSe . d ~ ;f.l'e fOY'..Iloin9 was acknowledged before meflis L day of . 19z,2, b~-<- and , the ~~r and of Ground Development. Inc. . a corporation under the laws of Minnesota, on behalf of the corporation. ~ AMANDA I. S:.~:TH 'f9' NO.,..... <.....-_..........OTA '."''' ' . ;," .:::~\-C~;~,. TV \~ . ~.,,I J,:y cc;..:.,;~~;,: EX?IRES 5-43-97 ~~~ THIS INSTRUMENT WAS DRAFTED BY: Tax Statements for the Real Property Described in this Instrument Should be sent to: e BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-8500 (JDH) e e e ANCHOBA YPRO INCORPORATED 311 S. Third St. Stillwater, Minnesota 55082 1 612/439 4187 February 1, 1993 stillwater City Council 216 North Fourth St. Stillwater, MN 55082 RE: GREEN TWIG WAY Dear Mr. Mayor and Council Members: Please let this letter postponment of assessment Green Twig Way. my earlier Three ( 3 ) , clarify on Lot request for a Block One (1), I had requested that the assessment on Lot Three be spread over the remaining four lots. I should have stated that this assessment be spread over the remaining four lots until I began construction of the model home. At that time the city could place the assessment on Lot Three. In any case, the assessment would be paid in full when the model home was sold, presumably this Spring. I hope this clarifies my earlier request. Please feel free to contact me if you have any other questions. Timothy L. Nolde e e e ~ ANCHOBA YPRO INCORPORATED 311 S. Third St. Stillwater, Minnesota 55082 1 612/439 4187 January 11, 1993 Stillwater City Council 216 N. Fourth Street Stillwater, MN 55082 RE: Green Twig Way Dear Mr. Mayor and Council Members: Late last year and services McKusick. The $25,000.00. the City completed the installation of utilities on our five lots at Green Twig Way on Lake lots each carry an approximate assessment of We are desirious of building a model home on one of these lots, however, I cannot conform to the construcution loan standards at our local bank because of the loan to value ratio on the lot. My request is for the city to shift the current assessment on Lot 3, Green Twig Way, to the remaining 4 lots. This would add an additional $6,250.00 to each of the remaining lots. I have enclosed a copy of a local appraisor's value of our lots. It reflects $70,000.00 per lot as a value. The total assessment on each lot would be $31,250.00 or 44% of appraised value. I would also be willing to sign a note to further secure the city in order to get started on our property. With your assistance in this matter I feel that the lots would be built on and sold faster; thus allowing the city to recover its assessments faster. To date I have been more than willing to donate parts of my propety to the city for walkways, etc. and have never hesitated to help in any way I can. I have always paid the taxes on the property in a timely manner. Please consider this request and I will look forward to getting hearing from you. Feel free to call me if you have any other questions. Timothy L. Nolde Anchobaypro Incorporated -. /' IHA~~iORT FORM RESIDENTIAL APPRAISAL REPORT 'urpose 01 Appraisal is to estimate Market Value es defined In the Certification & Statement 01 limiting Conditions. :~ ~nt Timothy: Nolde Census Tract705 File No. AddressGreen Twig Way Map Relerence21 A-SA City St ill\-later CountyWashinaton StateMN Zip Code 55082 .. Leaal DescriDtion Lot ~ Block 1. Green Twia Wav PROPERTY RIGHTS APPRAISED 00 Fee Simple 0 Condominium Client: Central Bank n leasehold n DeMinimus PUD lOCATION W Urban ~ Suburban L:J Rural ESTIMATED REPRODUCTION COST - NEW - OF IMPROVEMENTS: BUilT UP CXJ Over 75% 025-75% o Under 75% Dwelling 2.756 Sq.Ft. ~ $ 60.00 = $ 165.360 GROWTH RATE o Rapid CXJ Stable o Slow Sq. Ft. ~ $ = .;.:" n Increasinq iXi Stable n Declininq ExtrasFireplace. C/ Air. Ap~ .. PROPERTY VALUES = 8.000 .. NEIGHBORHOOD ANALYSIS UTILITIES P Dr.Jaccuzzi.Sec.Sys.. Bar 6.700 . Good Avg. Fair Poor Public Privale = . Employment Stability 00000 Electricity 00 0 Special Energy Efficient lIems = .. Convenience to Shopping & Schools 00000 Gas 00 0 Porches. Patios. etc. Deck. Pat io. Porch = 5.600 Adequacy of Utilities 00000 Water 00 0 Garage/CafllOrt ~ Sq. Ft. ~ $ 12.00 = q4li6 Property Compatibility 00000 San. Sewer 00 R Total Estimated Cost New. . . . . . . . . . . . . . . . . . = $ 195.116 Protecfion from Detrimental Condo 00000 Street fXi PhY"'" I fWK!"M! I Exte mal General Appearance of Properties R~RR Year Built Proposed Less Appeal to Market Effective Age (Yrs.) Depreciation = $ IMPROVEMENT ANALYSIS Good Avg. Fair Poor Est. Remaining Econ. Life 6li Depreciated Value 01 Improvements .. . . . . . . . . . = $ 1 95. 11 ~_ Condition 01 Exterior 00000 SUe Area 6.970 Sa.Ft. Site Imp. "as is" (driveway. landscaping. etc.) .. $ 3J.5Q5L ; Condition of Interior 00000 8smt Area 1 .534 Sq. FI. ESTIMATED SITE VALUE. . . . . . . . . . . . . . . . . . = $ 70.000 Room Sizes/Layout 00000 Levell 1 .534 Sq. Ft. (II leasehold. show only leasehold value.) Energy Efficiency 00000 Level 2 1 .222 Sq. FI. INDICA TED VALUE BY COST APPROACH = s 268.600 Plumbing - Adequacy & Condition 00000 Finished Area Above Grade 2.756 Sq. Fl. Finished Area Below Grade Sa. Fl. Electrical - Adequacy & Condition 00000 COMMENTS: Steel sidin~' walkout basement: $1 000 sod allowance: ~ Kitchen Cabinets - Adequacy & Condo 00 0 0 0 $4 000 appliance allowance: 12 x 12 screen Dorch' 10 x 12 Compatibility to Neighborhood ~RRR ~atio: 12 x 14 deck' fireplace in familv room: 100 ampera~e .al and Marketability electrical; security system: patio door in dinin~ area; . ~ ngClassificatiorResidential iacuzzi: wet bar: water softener: wood floor in fover and .~: HIGHEST& BEST USE: Present Use Yes itchen: 2 storv fover: asphalt drive. . FEMA Flood Hazard Yes*ll No IX ITEM I SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Addre.. __ 1210 Amundson Ct. 920 Amundson Drive 5270 Muir Avenue N. Stillwater Stillwater Bavtown Township .,;, Proximity to Subject ~orth ~Miles North ~ South Sales Price $ 240 000 ~ 279.900 Price/Gross Liv. Area S !Zl $ 100.'i0 _ $ 11J4.1~ $ 91.53 . Data Source :;) lans & Soecs MLS MLS MLS VALtJE ADJUSTMENTS IIIIIiiII DESCRIPTION : +(-)$ Adjustment DESCRIPTION . +(-)$ Adjustment DESCRIPTION . +(-)$ Adjustmenl . . Sales or Financing : . . " . . Concessions Conven t i onal: . Convent ionali , .' Convent iona!: Date 01 Sale/Time New 17 -9-92 . Closed 10-91: 8-26-92 . . . l Location Isuburban/Avg. Suburban/Ava: Suburban/ Ava: Suburban/ Av~: Sile/View IIrreg/Lake Irre~/GC . 115x122/GC . 2.9 Ac/Eaua!: . . DeSign and Appeal ~ Story/Good 2 Storv/Goocl: Rambler /Gd . -5.000 2 Story/Goocl: . Quality of Construction Good Good . Superior . -10.000 Superior . -10.000 . . . . Aae Prooosed 1981 . 11.1J00 1981 . 11,1)00 1q90 . 3.000 . . . . Condition Prooosed Good . Good . Good . . . . Above Grade Total: Bdrs : Baths Total :Bdrms:Baths: Total :Bdrms:Baths: Total :Bdrms:Baths: Room Count 8: 1: 2.15 8: 4: 2.15: 4: 1: 2: 1,500 8: 4: 2.5: . Gross Livina Area 2 .71)6 Sa. Ft. 2,188 Sa. Fl.: 9.200 1 622 Sq. Ft.: 28 400 3.058 Sq. Fl.: -7.600 Basement & Finished "'ull Bsmt. Full Bsmt. . Full Bsmt. . Full Bsmt. . . . Unfinished . . . Rooms Below Grade Bath . -1.500 finished . -12 000 Unfinished . . . . . Functional Utility Good Good . rood . Good . . . . . atinq Coolinq "'WA Gas ClAir FWA Gas C/Ai: FWA Gas C/Ai: FWA Gas C/ Ai: raqe/Carport 1 Car GaraQ:e 3 Car Garage: 2 Car Gara~e: 2.000 1 Car Gara~e: Porches. Patio. Deck, Deck, Fence : Deck, Fence: . . . Pools, etc. Patio. Porch B/G Pool . -7 000 B/G Pool . -1.000 Deck . 3.,j) 0 0 . . . Special Energy \Vell . , . . . . . , . Efficient Items nsulated Equal . ~ual , Eaual . . . , Fireplace(s) F'ireplace 2 Fireplaces: -2.500 4 Fireplaces: -6.000 Fireolace . . Other (e.g. Kitchen P Dr, Jacuzzi . , . , . , "ol,.. remod,II",) __; , . Eaual . Eaual . . . Net Adi. (totaO r xl + - : $ 11.700 Ii + r 1-:$ ".400~:' 11.600 Indicated Value _$ of Subject $ 251. 700 255.400 $ 268.100 Comments on Sales Comparison: See Attached Addendum. INDICATED VALUE BY SALES COMPARISON APPROACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 255.000 INDICA TED VALUE BY INCOME APPROACH (II Applicable) Estimated Market Rent $ /Mo. x Gross Rent Multiplier N / A =$ N/A . This Appraisal is made 0 "as Is."' [)J subject to the repairs. alterations. inspections or conditions listed below 00 completion per plans and specifications. Comments and Conditions 01 Appraisal: The subject is propose~structlon. .Il " ;s subiect to satisfactory completion per-plans and specs(. The "as is" value is $70.000. ........... . FinalReconciliafion;,The Market Approach)was deemed tll- t and was Riven the--1tfeatest weight. ;: I(wE~lrf;~j~'7W;t~~~~~~~~F November 18. 19~tobe$ 255.000 I ~ ~"GNA~~-~- I REVIEW APPRAISER Appralser(s ~- Certified General License I/llOO0780 : NAME Raymond W. Kirchner, SRA/SRPA L.i This Appr3is.11 is based upon the above requiremenls. continqent and limiting conditions. and Markel, Value. definition thai are stated on paqe two. } nilA 5/08 ~''''' ,...,.......1- "'.." ......::w un '....I...,.j tllio),~'" An.......'_ t~""~,,,~. ."~~ ._'*'.....~..... .........~ r. w, "';'CLTCl" {, fl:::y'l.:::'.tcs :' ;' 1 ? ( RW Kirchner and Associates Real Estate Appraisers File No. -, LEGAL DESCRIPTION: The appraiser was assisted in the preparation of this report and in the cbUection and analysis of data contained herein by Sharon Wold, of my staff. The conclusions cqntained herein are those of the appraiser. i COMMENTS ON SALES COMPARISON: i Due to lack of comparables of the style and price range of the sub~ect it was necessary to exceed time and adjustment guidelines. Comparables #1 and #2 are loc*ted on the Golf Course and Comparable #3 is located in Baytown Township on wooded aqreage. Comparables #1 appears to have sold on the low side. : 1923 South Greeley Street, Stillwater, Minnesota 55082 612-439-3900 I : e e e r .~ /.. I I SUBJECT PROPERTY PHOTO ADDENDUM e RW Kirchncr and Associates Real Estate Appraisers 1923 South Greeley Street Stillwater, Minnesota 55082 612-439-3900 File No. FRONT VIEW OF SUBJECT PROPERTY AT: Green Twig Way Stillwater, MN 55082 Appraised: November 18, 1992 Appraised V alue: $255,000 REAR VIEW OF SUBJECT PROPERTY , . ! ' STREET SCENE : ' , , i. .I l' ' / I' /1 I' ' / I ----..- -::i: _.-- - /"- ',~ - \, ../~~ . , '. /". -..,' . ,)~. C1 )-. - ~.. .\ ,'/- k -..::: ,- ~- ..... rr].! g:.LJ ~!L, !. ._ ..I ."-- . j' . I I I I i I I I I t... ~ ( e e e \ \ ' \ //1 \ /n~ \ /~I' X: ' I /. " , . '\ " , / " ,\ / .x... ~ "" "~ ---- '" ". ~ '1: - [-."1 ,........_ ..'_< U'. &... .--.. ~I~ <-rr:: \ \ . ;bi ;t: .~ - (- . --X / ". e // /" '" ."" / .; Ii I .' / /1 I " , ' , ". ,/ ~ l' I i l -~ z \\ - \~ C\ ~ j \....~u?- -) r \\ ~ ::J\ %~) ~ ?0/;:2\L1 /~ )(r~ ooo~ 1J~ !If~ TRAil ~~ (') I ~ o :0 )> -l m r s: -l en N O. Z m C"') -L__ JOINS 03 :::z::: ~ DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Insurance Administration APPROXIMATE SCALE 800 0 800 !---i !---i r---,-- ____ t== . C) I'..) CITY OF STILLWATER, MN lWASHINGTON co.) FLOOD HAZARD BOUNDARY MAP H - 02 FLOOD INSURANCE RATE MAP I - 02 e e 1600 2400 FEET -i'::~=-__,_.~-:____-..J REVISED DA TE ~........... ~...... '''...., ...~. -''-, -", "" "- ".. "~ ... ...." NOVEMBER 21, 1975 ,~4~~~ . '.. -'. , :.:..':;~; ",: .. -. ,.'i;%!),:~;I[~,~:@:~"::"t..,... ')1 " @ .. , .". ./ .' - . ,." .I' ,. ,,,I. ..r"'" " .. - \ Part of Bay town Township ~ caMP :3 Bay town .rav~/nsh;p / ~:~ i ."",<"- ;~\ I . Par~ " ~,.,- ,yt=-=--- ; ...".,/7 II ,0/ " ,/ ;;:<;~ e e e . TO: FR: DA: RE: Issue No. MEMORANDUM City Council, City Coordinator and City Attorney Mayor Hooley February 2, 1993 RESULTS OF NEGOTIATIONS WITH JUNKER SANITATION, INC. Recommendation 1 FEES FOR BED AND BREAKFAST OPERATIONS Agree to a special rate for bed and breakfast I s based on number of bedrooms. Should be based on a reasonable estimation of extra waste generated (i.e., bed springs, mattresses, etc.). It was agreed that Junker Sanitation will provide 30, 60 and 90 gallon containers (customer's choice). There will be no extra charge for refrigerators, white goods, etc. Junker Sanitation will document all items thrown out. This will be on a trial basis for a six-month period of time. 2 FEES FOR MULTIFAMILY UNITS Agree toa rate based on volume/weight generated. Same as Issue No.1. Customer's choice on a 30, 60 or 90 gallon container. Junker will negotiate with customer and offer recycling bins in whatever size required at no extra charge. If customer insists on a dumpster, a per unit charge of $19.75 will be issued. 3 FEES FOR BUSINESSES OPERATED OUT OF THE HOME Send to Solid Waste Committee for study and recommendation. Same as Issue Nos. 1 and 2. 4 BASIS FOR PAYMENT TO .JUNKER SANITATION INC. Pay as we receive (but not more than average usage per year). Junker agrees to deliver all the bags in his possession to the City. The City will sell the bags to any supermarket or store for $1.75 per bag. Once a month the City will pay Junker for those bags sold. e e e I 5 POLICY ON VACANT UNITS INCLUDING CHANGES OF OCCUPANCY Continue present policy - maybe a special monthly rate could be charged to snowbirds. Snowbird Policy. For those customers using the $13.75 (30 gallon) container, the price shall be reduced to $7/month for the period of their absence; $9 for the 60 gallon container and $lO/month for the 90 gallon container. 6 POLICY ON USE OF GARBAGE CANS Do not require Jim to have excess waste in garbage cans. Junker agrees to work with the problem if that problem exists placing City bags in a container to protect the bags from cats and dogs in tearing them apart. 7 FEES FOR PICK-UP OF CITY TRASH Junker should be paid - however he can add this to his costs so we can add it to the rates rather than paying directly out of general fund (general fund is supported by taxes rather than user fees). The City agrees to close the city dump and eliminate cleanup days. The City will buy its containers and Junker Sanitation will empty those container at no charge. Junker will also serve the City's lift stations at no charge. 8 POSSIBLE REQUIREMENT OF CLEAR PLASTIC BAGS Send to Solid Waste Committee for study and recommendation. Left out. To be discussed at a later date. 9 CLARIFICATION OF WHAT CONSTITUTES EXTRA WASTE Require that construction material be part of regular waste and must be placed in cart or specialized bag. All material must be placed in either a container or bag, and if it constitutes major construction material, a dumpster will be required. e e e , 10 TIMING OF PAYMENTS TO JUNKER SANITATION FOR CERTIFIED ACCOUNTS Consider paying Jim at time of certification. This item was not able to be negotiated at this time. 11 COPY OF LIST OF ACCOUNTS BILLED BY JUNKER SANITATION, INC. Require Jim to submit list of accounts billed to City. Junker Sanitation agrees to give the City a list of accounts. 12 RENEWAL OF RECYCLING AGREEMENT Negotiate based on documentation of cost of operation. Will be negotiated at a later date. 13 ESTABLISHMENT OF DISPUTE RESOLUTION COMMITTEE Require DRC when disputes cannot be resolved. Has been resolved. 14 COPY OF ORIGINAL SIGN UP FORMS AND CONTAINER CHANGE FORMS Require documentation (i.e., forms to be given to City). Junker Sanitation agrees to send all original signup forms that he has in his possession to the City. e e e I SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES January l2, 1993 4:30 p.m. The meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hooley Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Recording Secretary Schaubach others: Jim Junker, Deb Junker, Duane Hubbs, Martha Hubbs, Chuck Dougherty, Bruce Brillhart, Mark Armstrong Press: Julie Kink, st. Croix Valley Press Mike Marsnik, Stillwater Gazette DISCUSSION OF SOLID WASTE ISSUES Council met with Jim and Deb Junker to discuss solid waste collection issues relative to the volume based fee system. Mayor Hooley asked for comments from the audience regarding this item. Duane Hubbs, 626 N. 4th st., owner of the William Sauntry Mansion Bed and Breakfast, stated that since he is being charged a commercial rate for a dumpster, he should be allowed to choose another trash hauler whose rates are lower. Bruce Brillhart, 319 W. Pine st., owner of the Ann Bean House Bed and Breakfast, stated that he is being billed for two 96- gallon containers even though he uses only one container. Mr. Junker stated that he believes Bed and Breakfast establishments generate extra waste, such as mattresses, and should be charged more than a single family home. Chuck Dougherty, 306 W. Olive st., owner of the Rivertown Inn Bed and Breakfast, stated that he is willing to pay for the trash he generates, but it would be unfair to be charged more because he owns a bed and breakfast. Mark Armstrong, 1449 Vincent Blvd., stated that his trash was not picked up last week because the lid was open on the cart. Mr. Junker stated that a policy was established that the lids must be closed or the trash will not be picked up. Mayor Hooley suggested that a Dispute Resolution Committee be formed consisting of three members: one to be appointed by Junker Sanitation, one to be appointed by the City Council, and the third to be selected by the first two members. This committee would investigate and attempt to resolve all complaints. 1 stillwater City Council Minutes Special Meeting January l2, 1993 I e Motion by Counci!lmember Funke, seconded by Councilmember Kimble to establish a Dispute Resolution Committee to investigate sol id waste complia ints. (All in favor) There was fur blither discussion of specific solid waste issues, such as fees for multifamily units and payment for sale of specialized ~ rbage bags. I Motion by Council~ember Cummings, seconded by Councilmember Funke to pay Junker Sa~itation for 5,000 specialized garbage bags at $1.25 per bag t~at were delivered to the City in June 1992 for sale to the PUblif. (All in favor) Motion by Council~ember Kimble, seconded by Councilmember Funke to adopt the a~propriate resolution extending the recycling contract with a 9~-daY addendum, to March l, 1993. (Resolution No. 92-23) Ayes - Councilmem ers Bod1ovick, Cummings, Funke, Kimble, and Mayor Hool~y Nays - None Council set a~other workshop meeting for Monday, February 1, at 4:30 p.m. I Council took ~ ten minute recess and reconvened at 6:30 p.m. APPROVAL OF PLExr6LASS SCREEN Motion by counc~lmember Bodlovick, Kimble to approve the expenditure screen for specFator protection at taken from Capita Outlay. (All in seconded of $5,000 Lily Lake favor) by for Ice Councilmember a plexiglass Arena to be RE UEST TO HIRE S OTT SHELY AS WARMING HOUSE ATTENDANT Motion by Councilkember Funke, seconded by Councilmember Kimble to adopt the abpropriate resolution employing Scott Shely as warming house sppervisor for Staples and Croixwood rinks at $6.50 per hour. (Resolution No. 93-24) I Ayes - councilmembers Bodlovick, Cummings, Funke, Kimble, and Mayor Hool~y Nays - None I STILLWATER SESQUICENTENNIAL I Motion by counCilmember Bodlovick, seconded Funke to approve the application to sell and Stillwater Armo y on January 16, 1993 Sesquicentennial .elebration. (All in favor) 2 by Councilmember consume beer at the for the opening e e e e e . ~ stillwater City Council Minutes Special Meeting January 12, 1993 Motion by Councilmember Cummings, seconded Kimble to appoint Mayor Hooley and Jim Sesquicentennial Committee. (All in favor) by Councilmember Anderson to the OTHER BUSINESS Motion by Councilmember Funke, seconded by Councilmember Kimble to direct staff to obtain proposals for a facilities study with the purpose of increasing the efficiency of the paper flow and improvement of the facilities. (All in favor) ADJOURNMENT Motion by Councilmember Kimble, seconded by Councilmember Funke to adjourn the meeting at 7:00 p.m. (All in favor) MAYOR ATTEST: CITY CLERK Resolutions: No. 93-23 - Extending the Recycling Contract for 90 days No. 93-24 - Employing Scott Shely as Warming House Supervisor 3 , e e e REGULAR MEETING STILLWATER CITY COUNCIL MINUTES January 19, 1993 7:00 P.M. The Meeting was called to order by Mayor Hooley. Present: Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Building Official Zepper Police Officer Wardell Police Investigator Miller Police Chief Beberg City Clerk Johnson Press: Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Mark Herwig, St. Croix Valley Press Others: Art Palmer, Neal Casey, Kirk Roetman, Dave Swanson, Chuck Dougherty, Jeff Erickson, Martha & Duane Hubbs, Tom Farrell, Michelle Roettger, Del Peterson, John Melville. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Drawing for T.V. In conjunction with the "kick-off" celebration of the Stillwater Sesquicentennial, a drawing was held for a 25-inch color T.V. which was won by Bob Weiser, 1108 No. Owens St. 2. Commendation for Leo Miller, Investigator for Stillwater Police Dept. To honor Leo Miller, Police Investigator, City Coordinator Kriesel, on behalf of the City, presented Mr. Miller with a plaque thanking him for his 23 years of service to the City. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution commending Police Officer, Leo Miller, for his service to the City. (Resolution No. 93-10) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 3. Presentation of Certificate of Achievement to Finance Director 1 , Stillwater City Council Minutes January 19, 1993 Regular Meeting e ; Mr. Kriesel presented Finance Director, Diane Deblon, a resolution and Certificate of Ach~evement for excellence in financial reporting. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve the minutes of the Special Meeting of December 22, 1992 and Regular & Adjourned Meetings of banuary 5, 1993 as presented. (All in favor). STAFF REPORTS 1. Finance Director ~ 1992 Local Govern ent Aid (L.G.A.) Revenue Finance Director Qeblon presented an update on the 1992 Local Government Aid revenues citinig comparisons with previous years and stating this has been a very volati:le source of revenue due to changes made by the Legisl ature after Ithe City budget was adopted. Currently, the City has budgeted $792,081 for L.G.A. revenue which the Legislature may also cut this year. I Accident Policy fdr Boards, Committees & Commissions. Ms. Deblon presen~ed a plan for optional accident insurance coverage for boards, committee~ and commissions which the City has not chosen to implement in the ~ast. After some discussion the following motion was passed: I e Motion by Councilmemb~r Funke, seconded by Councilmember Kimble to not purchase an accident olicy for Boards, Committees and Commissions. (All in favor). Resolution relati g to Financing of Certain Proposed Projects Motion by Councilmemb r Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resol tion relating to financing of certain proposed projects to be undertaken by tre City of Stillwater and establishing compliance with reimbursement bond re ulations under the Internal Revenue Code. (Resolution No. 93-11) Ayes - Councilmembersj Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None I I I I 2. Police Chief - I Employment of Leol Miller as Part-Time Police Officer Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resol~tion approving the employment of Leo Miller as a part-time Police Offii' ere (Resolution No. 93-12) Ayes - Councilmembers. Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 2 e e Stillwater City Council Minutes January 19, 1993 Regular Meeting Purchase of a Slide Projector for the D.A.R.E. Pro ram Motion by CounCllmember Funke, secon ed by Councilmem er Kimble to approve the purchase of a slide projector for use by the D.A.R.E. program in the schools at an amount of $432.66. (All in favor). Traffic Control at Martha & Oak Streets Police Chief Beberg requested withdrawal of the request for a stop sign at Martha & Oak Streets because of the excessive amount of stop signs in that area. Council concurred with the request. e 3. Public Works Director - No report. 4. Community Development Director - No report. 5. Parks Supervisor - No report. 6. Consulting Engineer - Report on Downtown Project Mr. Moore brought Council up to date on this project, stating that they were reviewing a number of claims and insurance for resolution of the problems, and attempting to fix the hydrant that is pumping sand. 7. Building Official - Mr. Zepper requested that Item No.7, under "Unfinished Business", possible second reading of an ordinance requiring guards on exhaust pipes, be tabled to a later date. Council concurred. 8. City Attorney - No report. 9. City Clerk - No report. 10. City Coordinator - No report. PUBLIC HEARINGS 1. This is the day and time for the continuation of the Public Hearing to consider a Special Use Permit to construct a 23,625 sq. ft. warehouse facility with a 7,200 sq. ft. retail & office area located west of Washington Ave. & south of W. Orleans St. (east 1/2 of Outlot A, Parcell) in the BP-I, Bus.Pk. Indus. Dist., Case No. SUP/92-52, Washington Co. HRA, applicant. Notice of the hearing was published in The Courier on October 29, 1992 and mailed to affected property owners. Mr. Russell stated this request is for a Special Use Permit to construct a lumberyard and building center, for United Building Center, in the City's e 3 Stillwater City Council Minutes January 19, 1993 Regular Meeting i West Industrial Par~. A special use permit is required because of an outside storage area. The Housing Authority has received TIF assistance for this project anq the applicant has agreed to the conditions. Dale Kukowski and staff, representing UBC, were present to answer questions. He stat1d they have agreed to the recommended conditions. Mayor Hooley closed the public hearing. Motion by Councilmember1j'Funke, seconded by Councilmember Cummings to approve a Special Use Permit to Iconstruct a 23,625 sq. ft. warehouse facility with a 7,200 sq. ft. retail & qffice area located west of Washington Ave. & south of W. Orleans St. (east I/Z of Outlot A, Parcel 1) in the BP-I, Bus.Pk. Indus. ' Dist., as conditioned, aase No. SUP/92-52, Washington Co. HRA, applicant. (All in favor). I I UNFINISHED BUSINESS 1. Request for support lodging tax. It was noted that M for the previously Inn from a possible discussion followed of special legislation exempting Lowell Inn from . Palmer is requesting support of the new City Council onsidered and approved resolution exempting the Lowell lodging tax. Mr. Palmer explained further and Council Chuck Dougherty, ow1er of the Rivertown Inn, 306 W. Olive St., stated he has worked with thelChamber of Commerce on a possible lodging tax and asked Council to postpone action until the Chamber can formulate information on this]for the Legislature. He also stated this tax would be used to promote toutism in Stillwater. Mr. Palmer stated hf is a unique entity, being in the downtown district. He cannot pass this! tax on to his customers because the sales tax is included in the roor rate and they would not tolerate the addition of a lodging tax. , I It was noted this i~em was agreed to by a former Council and should not be changed now. I Duane Hubbs, owner fbf the Sauntry Mansion, 626 No. Fourth St., also owns the Brunswick Inn i the same downtown area as the Lowell Inn and his clientele is not so! different from the Lowell Inn. He requested the Council to look at ~he entire perspective. Martha Hubbs, 626 Np. Fourth St., stated this item never went to a public hearing and it affeK:ts her. She doesn1t think it is appropriate. Mayor Hooley closedl the discussion on this issue. I e e 4 e e Stillwater City Council Minutes January 19, 1993 Regular Meeting Motion by Councilmember Funke, seconded by Councilmember Kimble to adopt the appropriate resolution No. 93-13 supporting the previous City Council in exempting the Lowell Inn from a possible transient lodging tax in the City of Stillwater. (Resolution No. 93-13). Ayes - Councilmembers Bodlovick, Funke, Kimble and Mayor Hooley. Nays - Councilmember Cummings. e 2. Consideration of approval of the Highlands of Stillwater 4th Addition, Case No. SUB/93-7, Steve Fiterman, Ground Development, Applicant. Mr. Russell explained this plan includes 36 lots and includes a four acre park plus a 150 ft. area for the well site. He also discussed the conditions of approval which are required before the Final Plat is approved. Discussion by Council included that the well site has not been deeded to the City at this time, the whole development is for 200 starter homes and the City may need an impact statement to determine the impact for fire and police protection. Mayor Hooley stated he will ask Council to table this to the next meeting for time to investigate those issues. Further discussion included that the studies have been done. Councilmember Cummings stated he has discussed the development with Jim Torseth, owner of industrial property across the street from the development who has concerns regarding it. Community Development Director Russell explained the requirements for landscaping as a buffer from industrial areas and other conditions of the plan. Mr. Russell also explained that an environmental impact statement was not required. City Attorney Magnuson explained the whole project was reviewed very carefully in 1991 and expected to move along in phases. It should do so as long as the developer is in compliance. Legally the Council could not start over. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving the Final Plat for The Highlands of Stillwater Fourth Addition. (Resolution No. 93-14) Ayes - Councilmembers Bodlovick, Funke, and Kimble. Nays - Councilmember Cummings and Mayor Hooley. 3. Resolution accepting Petition & ordering Feasibility Study for Local Improvements, Highlands 4th Addition. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution accepting the petition for local improvements and ordering a Feasibility Report for Highlands of Stillwater 4th Addition. (Resolution No. 93-15) Ayes - Councilmembers Bodlovick, Funke, and Kimble. Nays - Councilmember Cummings and Mayor Hooley. e 5 Stillwater City Council Minutes January 19, 1993 Regular Meeting e 4. Review & approval of Stillwater Comprehensive Plan update work program and budget request. Mr. Russell exp1ain~d the background, work program and budget for the Comprehensive Plan. 1 He stated the present Comp Plan is out of date and the City needs to revise it to be consistent with the Metro Council plans. It will take about ~ year of staff and consultant time to update the plan and approximately $45,000 in funding. Council discussion followed and a workshop with Council was recommended. Motion by Counci1member Funke, seconded by Counci1member Cummings to table approval of the Work prqgram and Budget for the Comprehensive Plan Update for a one month revi ew by Counci 1. (All in favor). 5. Authorization to se d letter to Bri adier General Eu ene Andreotti of Minnesota Army Nati na1 Guard stating City's continued interest on new Armory facility in til1water West Business Park. Motion by Counci1memberKimb1e, seconded by Counci1member Funke to approve the submission of a letter to Brigadier General Andreotti of the Minn. Army Natl1. Guard stating the Cityll continued interest in a new Armory facility in Stillwater. (All in favor). 6. Continued diSCUSSiO~ of request for Martha & Oak Streets traffic control. e This item was lSCU se earlier under the Police Chlefls report. 7. Possible second rea~ing of Ordinance amending the Building Code by requirin uards on1exhaust pipes less than 72 inches off the ground. This item was discu sed earlier under the Building Official's report. 1 8. Possible First read~ng of an Ordinance regulating Special Event Activities in residential structures. Mr. Russell exp1ain~d that the City Council directed Staff to review this issue with interest~d individuals because of a controversy over a proposed commercial establisrment on Pine St. and it was suggested that a possible ordinance could be ~rafted regulating these types of uses in residential areas. The P1annin~ Commission held a public hearing and submitted a proposed ordinance'l , Patricia Jewell Peterson, 320 W. Pine St., stated she lives across from the Ann Bean House bnd requested the Council deny this ordinance because it is a license to run a business in a residential area. I 1 i Jeff Peterson, 320 ~. Pine St., stated he also objects to the Bed & Breakfast across th street because it is an imposition on the neighborhood. It il turning into a meeting and entertainment facil ity and 6 e e Stillwater City Council Minutes January 19, 1993 Regular Meeting they also need parking. He asked the Council to please oppose the commercialization of a residential neighborhood. After discussion, Council decided not to take any action on the proposed ordinance and to let the present process stand with a review of each case by the Special Use Permit process. Council recessed for 10 minutes and reconvened at 8:55 P.M. NEW BUSINESS 1. Appointment of Council Liaisons to various City Boards & Commissions. Council made the following appointments of Council Liaisons to various City Boards & Commissions after a short discussion of appointment by the Ward system for equal representation: Motion by Councilmember Funke, seconded by Councilmember Cummings to appoint Councilmember Kimble as Liaison to the Planning Commission. (All in favor). Motion by Councilmember Funke, seconded by Councilmember Kimble to appoint Councilmember Cummings as Liaison to the Park and Recreation Commission. (All in favor). e Council agreed that Mayor Hooley will be Council Liaison to the Port Authority and Councilmember Bodlovick will continue as Liaison to the Cable Commission. Council tabled Council appointments to the Heritage Preservation and Solid Waste Commissions until the next regular meeting on February 2, 1993. 2. Appointment to Library Board due to resignation of Anita Buck. Motion by Councilmember Funke, seconded by Councilmember Cummings to appoint Sue Nelson to the Library Board, replacing Anita Buck who has resigned. (All in favor). 3. Appointments to various City Boards & Commissions. Park & Recreation Commission Council discussion followed regarding the Park & Recreation appointments. It was noted that Wayne Wohlers requested not to be reappointed and Jim Gannon will be moving from the City. John Melville, 125 Northland Ave., requested to be appointed. He stated he has spent a great deal of time in community youth activities and enjoys the Park & Rec area. Michelle Roettger, 128 Birchwood Dr., lives in Ward 3 and stated she would offer balance since there are no women on the Commission. Also the e 7 Stillwater City Council Minutes January 19, 1993 Regular Meeting e higher percentage of tlime, effort and money go into youth hockey -- she would like to see an e~en distribution to all sports. I Del Peterson, 1303 so.14th St., stated he has been involved in the community in the past ~nd could make a significant contribution to the Commission. I I Council voted by secre~. ballot and the following persons were appointed to the Park & Recreation ommission: Roberta Opheim, Del Peterson, Steve Wolff and Michelle Roe tger. ! Cable Commission Council noted they arel seeking another candidate to serve on the Cable Commission and an ad w~ll be placed in the Gazette. Councilmember Bodlovick will contact! Mary Kreimer-Adrian to determine her wishes as to being a representative on the Commission. Heritage Commission . Council discussed the ~eritage Commission and the position occupied by Marlene Workman who li~es in the City of Oak Park Heights. Council requested Staff to see! if there is another person who lives in the City and could fulfill the requirements of this position as required by State and Local legislation.! i It was also noted thatl Howard Lieberman serves on two commissions and Mr. Russell will contact h~m regarding his choice of commissions. I I Solid Waste Commission Motion by Councilmember Kl ble, seconded by Councilmember Funke to table the appointment of members to fhe Solid Waste Committee to the next meeting. (All in favor). I i Planning Commission I Motion by Councilmember Bo~lovick to reappoint Duane Elliott, Angela Anderson and Gene Bealka to the Plapning Commission. The motion died for lack of a second. I Kirk Roetman, 1521 Oli~e St., was present and requested that he be appointed to either th~ Planning Commission or the Solid Waste Commission. He stated he would wit draw his name from either one if Council so wished. The Council held a sec et ballot and the following motion was made: I Motion by Councilmember Botllovick, seconded by Councilmember Funke to appoint Duane Elliott, Dorothy Foster and Kirk Roetman to the Planning Commission. (All in favor). I I - 8 e e stillwater City Council Minutes January 19, 1993 Regular Meeting 4. Request from Target & Super Valu for TIF assistance for development of the former Woodland Lakes site. Richard Brooks, representing Target & Super Valu, presented their request for Tax Increment Financing assistance for development of their stores on the former Woodland Lakes property. He stated they cannot do this without City assistance and requested the City Council to work with them in looking for financial assistance. Mr. Russell stated the use is consistent with the Comprehensive Plan and they have met with the County and MnjDOT on circulation for this area. Motion by Councilmember Funke, seconded by Councilmember Kimble directing Staff to work with the developers in reviewing the possibility of offering Tax Increment Financing assistance for Target & Super Valu for development of the former Woodland Lakes site. (All in favor). 5. Request to establish "No Parking" zone on Neal Ave. during L.I. 261 (McKusick Lake Rd.) reconstruction project. Motion by Councilmember Kimble, seconded by Councilmember Funke to adopt the appropriate resolution creating a "No Parking" Zone on a portion of Neal Ave. during the McKusick Lk. Rd. reconstruction. (Resolution No. 93-16) e Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 6. Approval of Addendum No.2 of Recycling Services Agreement. Mr. Kriesel explained this is the same as Addendum No. 1 and extends the contract to March 31, 1993. Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resolution approving Addendum No.2 of the Recycling Services Agreement. (Resolution No. 93-17) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 7. Request to establish a Safety Committee. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing the Public Safety Committee. (Resolution No. 93-18) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 8. Approval of Subordination Agreement for Desch Building. e 9 Sti llwater City Councill Minutes January 19, 1993 Regular Meeting e Motion by Councilmember Funke, seconded by Councilmember Cummings to adopt the appropriate resol~tion approving the Subordination Agreement for the Desch Building and authoriz1ng the Mayor and City Clerk to sign said agreement. (Resolution No. 93-19) , Ayes - Councilmembers iBodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None I 9. Application for P~yment No.2 - 4th & W. Wilkins St. Ravine Project. Motion by Councilmemb~r Funke, seconded by Councilmember Kimble to approve Application for Payme~t No.2 in the amount of $12,346.34 for the No. 4th and Wilkins St. Ravine Project. (All in favor). I 10. Application for p'yment No.4, Green Twi Way, L.I. 282. Motion by Councilmem r Bo lOV1Ck, seconded y Councilmember Kimble to approve Application for Payme t No.4, Green Twig Way, L.I. 282, in the amount of $4,154.22. (All in f vor). 11. Application for P yment No. Motion by Councilmember Kimble, Application for paymert No. 14, $143,095.79. (All in favor). 12. Supplemental Agre~ment No. 14 - Downtown Project, L.I. 257. Motion by Councilmemb~r Kimble, seconded by Councilmember Bodlovick to approve Supplemental Agreemen~ No. 14, L.I. 257, Downtown Project. (Ayes - 4; Nays _ 1, Councilmember Funke). I i 13. Supplemental Agre~ment No. 16 - Downtown Project, L.I. 257. Motion by Councilmemb~r Bodlovick, seconded by Councilmember Funke to approve Supplemental Agreemen1t No. 16, L.I. 257, Downtown Project. (All in favor). I i 14 - Downtown Project, L.I. 257. seconded by Councilmember Bodlovick to approve Downtown Project, L.I. 257 in the amount of e CONSENT AGENDA ) Moti on by Councilmembler Bodl ovi ck, seconded by Councilmember K imb 1 e to approve the Consent Agenda o~ January 19, 1993, including the following: (All in favor). 1. Directing Paymen~ of Bills (Resolution No. 93-9) Ayes - Councilmember~ Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None i I 2. The following lidenses: I Contractor's Licenses C & N Sewer & Water, IInc. Excavators 19880 Quinnell Ave. I Scandia, Mn. 55073 Renewal Cigarette License 10 e e e e Stillwater City Council Minutes January 19, 1993 Regular Meeting River Oasis Cafe 806 So. Main St. Renewa 1 Cl imb, Inc. Application for Gambling License Resolution No. 93-20 Harbor Bar 517 No. Owens St. Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. New Ayes - Councilmembers Nays - None 3. Set Public Hearing date of February 2, 1993 for the following Planning Cases: a. Case No. ZAT/93-1 - Zoning Ordinance Amendment for a Forest Protection Ordinance, City of Stillwater, Applicant. b. Case No. V/93-1 - Variance for placement of two signs which include a 48 sq. ft. free-standing sign & a 16 sq. ft. wall sign at 14460 No. 60th St. (Goodwill) located in the BP-C, Business Pk. Comm. Dist., Scenic Sign Corp., Applicants. c. Case No. V/93-2 - Variance to the Zoning Ordinance for an existing fence which exceeds the six ft. height maximum & exceeds the previous Variance granted for an eight ft. fence (Case No. V/88-27) located in the RA, Single Family Residential Dist., Richard Edstrom, Applicant. d. Case No. SUP/93-3 - Variance to the Parking Ordinance for the renovation of a 3,200 sq. ft. vacant second level of a commercial structure into a retail space (Mid Town Antiques) located at 214 So. Main St. in the CBD, Central Business Dist., Larry Martin, Applicant. e. Case No. V/93-4 - Variance to the Sideyard setback requirement for the placement of an accessory structure (approximately two ft. proposed, five ft. required) located at 2304 Fairmeadows Rd. in the RA, Single Family Residential Dist., Michael & Sandra Hudson, Applicants. f. Case No. V/SUP/93-5 - Special Use Permit & Variance for a 5,000 sq. ft. expansion of St. Croix Valley clinic with a 29 ft. setback from Everett St. (30 ft. required) located at 921 So. Greeley St. in the RB, Two Family Residential Dist., St. Croix Valley Clinic, Applicant. g. Case No. SUP/93-6 - Special Use Permit for a 2,400 sq. ft. expansion of the deck at the Freight House for placement of a temporary tent structure located at 305 So. Water St. in the CBD, Central Business Dist., Todd Weiss, Applicant. COUNCIL REQUEST ITEMS Resolution Honoring Jerry Wallace Posthumously Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution recognizing Jerry Wallace posthumously and offering condolences to the family. (Resolution No. 93-21) Ayes - Councilmembers Bodlovick, Cummings, Funke, Kimble and Mayor Hooley. Nays - None 11 Stillwater City Council Minutes January 19, 1993 Regular Meeting e Construction of Skating Rink at Old Athletic Field Motion by CouncilmemberiKimble, seconded by Councilmember Funke directing the Parks Dept. to cooperate with the School District in construction of a skating rink at the old athleti~ field. (All in favor). I STAFF REPORTS City Cl erk City Clerk Johnson ~oted that the City of Stillwater had received a Certificate of Achi~vement from the Secretary of State's Office commending the City for their large voter turnout in the General Election on Nov. 3, 1992, (over 70%). I Letter to Various C n ressmen & Aides Regardin Fundin for Levee Wall Motion by Councilmember Funke, seconde by Councilmember Kim e authorizing the Mayor to send a let,er to various people regarding funding for the Levee Wall, as requested by E~ Cain, the City's Legislative Consultant. (All in favor). I i . I Appolntments to Por Authority Motion y Councilmember Bodlovick, seconded by Councilmember Funke to reappoint James O'Brien and Harry Peterson to the Port Authority. (All in favor). e COMMUNICATIONS/REQUESTS! 1. Recommendation from Plannin Commission for Council to establish policy re ardin Ci y operated facilities & services. Council took note of this report. No action was taken. , i 2. Lea ue of Minn. Cit~es - Announcement of new Executive Director. Council took note 0 this communlcation. 3. Meeting Reminder - erro Creek/Pond Improvement Project, Jan. 27, 1993. Consulting Engineer Moore explained the background of this project. Discussion followed, regarding use of the overhead projector and aerial photos to explain projects. I 4. Statement of Claim Summons - Duane Seaquist, auto dama es. Motion by Councilmemberi Funke, seconde by Councilmember Bodlovick to pay the claim for auto damage, pue to improper repair of City street adjacent to the Post Office, in the amount of $183.91, to Duane Seaquist. (All in favor). STAFF REPORTS (ContinUe~) Downtown Parkin Co mission 12 e e e e Stillwater City Council Minutes January 19, 1993 Regular Meeting Mr. Russell stated this commission was established in December and appointments should be made. Mr. Russell will contact former members and review applications in seeking interested parties for this commission. Payment to Ed Cain, Legislative Consultant Motion by Counci1member Bod1ovick, seconded by Counci1member Funke to authorize payment, in the amount of $3,400, to Ed Cain, Legislative Associates, for his services as Legislative Consultant. (All in favor). ADJOURNMENT Motion by Counci1member Kimble, seconded by Counci1member Bod1ovick to adjourn the meeting at 10:27 P.M. (All in favor). MAYOR ATTEST: CITY CLERK Resolutions: No. 93-9 - Directing Payment of Bills. No. 93-10 - Commendation of Leo Miller. No. 93-11 - Financing of Proposed Projects establishing compliance with IRS Regulations. No. 93-12 - Employment of Leo Miller as Part-Time Police Officer. No. 93-13 - Exemption of Lowell Inn from Lodging Tax. No. 93-14 - Approval of Highlands 4th Add. Final Plat. No. 93-15 - Accepting Petition for Improvements & Ordering Feasibility Report, Highlands 4th Add. No. 93-16 - No Parking on a portion of Neal Ave. No. 93-17 - Approval of Recycling Agreement Addendum No.2. No. 93-18 - Establishing Safety Committee. No. 93-19 - Authorizing Mayor & Clerk to sign Subordination Agreement for Desch Bldg. No. 93-20 - Gambling License for Climb, Inc. @ Harbor Bar. No. 93-21 - Honoring Jerry Wallace posthumously. 13 e r illwater "~ - - ~ ---- -~ THE BIRTHPLACE OF MINNESOTA J TO: FROM: DATE: SUBJECT: MEMORANDUM V MAYOR AND COUNCIL ANN PUNG-TERWEOO, PLANNER . JANUARY 27, 1993 CONTINUATION OF PUBLIC HEARING FOR SECOND READING OF THE FOREST PROTECTION ORDINANCE. Background: As part of the implementation of the Middle River and Brown's Creek Watershed plans, certain land use regulations must be adopted by the City of Stillwater. One of these regulations includes a Forest Protection Ordinance. The first reading of this Ordinance was held in December before the City Council. e Before the Council holds a Public Hearing for the second reading of the Forest Protection Ordinance, Staff would like to review the Ordinance so you will know exactly what the Ordinance is and how it will be enforced. RECOMMENDATION: Continue the Public Hearing for the second reading of the Forest Protection Ordinance for March 2, 1993. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 ORDINANCE e FOREST PROTECTION ORDINANCE An Ordinance establishing definitions and restrictions for the protection of trees and woodlands within the City of Stillwater. The City Council of the City of Stillwater does ordain: 1. Section 1. Adding Section 31.01, Subd. 30, Forest Protection that shall hereafter read: A. Forest Protection Regulations. 1. FINDINGS AND PURPOSE e a. The City of Stillwater finds that the preservation of trees and woodlands within the City is critical to the health, safety and \'/elfare of the citizens of Stillwater; that existing and potential development within Stillwater has the effect of reducing and in some cases eliminating wooded area, which, if preserved and maintained, serve important ecological, recreational and aesthetic functions to the benefit of existing and future residents of Stillwater. Therefore, the the purposes of this ordinance are the following: b. To preserve woodlands and trees on individual sites; protect the safety of said residents by preventing wind and water erosion, slope instabi 1 ity and rapid runoff; promote the health of said residents by absorption of air pollutants, contaminants and noise; and protect the welfare of said residents by increasing"rainfall infiltration to the water table, provide a diversified environment for many kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and recreational requirements of the area and promote energy conservation by shading buildings in the summer and breaking winds in the winter. 2. DISTRICT BOUNDARIES This ordinance shall apply to all zoning districts within the City of Stillwater. 3. DEFINITIONS a. Crown Cover - the ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. b. Development - the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course, current or cross section of any water body or water course or the division of land into two or more parcels. e 1 c. Development Permit - any subdivision, planned unit development, ~ zoning permit, grading permit, plat approval, rezoning, special use permit or variance. d. Dimensional Requirement - minimum and maximum setbacks, yard requirements and/or structure height or size restriction established in zoning ordin~nce. i I e. Structure - anything manufactured, constructed or erected which is norma 11 y attach1d to or pos it i oned on 1 and. in c 1 ud in 9 port ab 1 e or temporary strucjures. f. Tree - any woo~y pl ant that has at least one trunk with a diameter of six inches ot greater four feet above the ground. g. Person - any individual, firm, corporation, partnership, association, or other private or governmental entity. h. Woodland - a grfOUP of trees at least one half acre in area and with a crown cover 0 fifty percent or greater. 4. RESTRICTIONS . , i a. No developmenti permit shall be issued for any development by the City unless th~ development is in compliance with the following standards: I e 1. Development shall be conducted so that the maximum number of trees are preserved by the clusteririg of structur~s in existing cleared arf' as and natural clearings, and the utilization of other site 'esign techniques. 2. Grading, c' ntouring and paving shall not detrimentally affect the root z~ne aeration and stability of existing trees and existing ttees shall be provided with a watering area equal to at least on~ half the crown cover. 3. When trees i are lawfully removed, the permitee shall restore the density of trees that existed before the development. Comparable nursery st~ck shall be utilized, but not more than ten trees per acre shall ~e required. , 4. Developmenit shall not reduce the ex isting crown cover greater than 50% an~ shall be conducted in such a manner as to preserve the understpry. . 5. Trees used in ireforestation or landscaping must be compatible with the local landscape and conditions and not presently under disease epidemic. e ,., e e - . a. Lawful development shall be under a continuing obligation to observe these restrictions. b. Not withstanding, the removal of trees seriously damaged by storms or other acts of God, or diseased trees, shall not be prohibited. 2. In all other ways, the Stillwater City Code shall remain in full force and effect 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this 1993. day of Mayor ATTEST: City Clerk 3 .' PLANNING APPLICATION REVIEW e CASE NO. V/93-1 Planning Commission Meeting: January 11, 1993 Project location: 14460 North 60th Street Zoning District: Applicant's Name: Scenic Sign Company Type of Application: Variance Project Description: A Variance to the Sign Ordinance for two signs in addition to permitted wall sign and 18 inches from the property line (15 ft. required). DISCUSSION: The request is to place a 2 ft. 9 inch by 6 ft. internally illuminated wall sign on the building over a Goodwill drop-off door and to pl ace a 4 ft. by 12 ft. internally illuminated cabinet sign on two existing pylons next to the Frontage Road. The existing pylon would be 17 ft. tall and located 18 inches off the front property line. A 15 ft. setback is required for new pylon signs. e The Sign Ordinance allows one wall sign, or free-standing, per business. Goodwill has erected a 30 square ft. wall sign (2 ft. by 15 ft.) on the front of the building. In addition, a 6 square ft. wall sign over the drop-off door is being requested and a 48 square ft. pylon sign on the existing supports. The Sign Ordinance allows a sign area of 100 ft. for a pylon sign or 1 ft. of building frontage for wall signs. This is estimated at over 100 square ft. The total sign area for the three signs is 84 square feet, less than the 100 square ft. 1 imit. Because the building is setback so far from the Frontage Road, it is difficult to notice the business. Due to this unique condition, the variance request may be justified. RECOMMENDATION: Approval. ATTACHMENTS: Application. - Application - Survey. PLANNING COMMISSION ACTION: Approval. CONDITION OF APPROVAL: 1. Total signage for the pylon shall not exceed 100 square feet. e ~ illwater ~ - - ~ "-- -~ THE BIRTHPLACE OF MINNESOTA J 00 e NOTICE OF PUBLIC HEARING VARIANCE REQUEST I NOTICE IS ~EREBY GIVEN that the City Council of the City of Stillwater,l Minnesota, will meet on Tuesday, February 2, 1993 at 7:4'0 P.M. in the Council Chambers of City Hall to consider a tequest from Richard Edstrom for a Variance to the ZoninglOrdinance for an existing fence which exceeds the six foot height maximum and exceeds the previous Variance granted fdr an eight foot fence (Case No. V/88-27). The property i~ located in the RA, Single Family Residential District. cfse No. V/93-2. All perso~s wishing to be heard with reference to this req~est wil be heard at this meeting. Publish: CITY HALL: 216 Mary Lou Johnson City Clerk e e FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e 1--/ '25- r e e CASE NUf1BER Caso Number k'1_Li..?-':;___ fee Pai,- ----t.~-~~---- Date filed _~~~.6----- PLANNING ADlv\lNISTRATIVE FORlv\ e Street location of Property; _LL_Lj_i(Q.t?.--tl:~-~!2!!!.-.!!.z.------------- I Logal Description of Proportyt!________________________________________ O N ~o()r;{{/'I~ wner: orne G~____~_____I---------:=.-------------------------------~ . Address -f-b-J.!d.f;.c)-l-./~'-ii2:!..-~J..---- Phone: _~:!l.~-'2-)--'?/ ^ "..: I; l"'\~ (~" ^tt...h ~ ).. N 5c ;:,Y Ie -.s /6/1J' 'CCJfr /!, ./"\....0 .cc... It _ ner u an OWJl-, . 1 orne -------...-~----------------------- . . ' r--;; .- f) <:;,1 . /i j /~ ,) j c'/-5 C,)... 9 Add ,,'j:).Y K d/ 51: GLL/~/!i Ph-~. 6/,i, J '5} ~ L.A::':L) ress _____,___"-_'-+______..1____________ one. ----~---------- Type of Request:. ___ Rez4ning ___ Approval of Preliminary PIct . "":\_-: Spo1ial Use Permit ___ Appro.val 'or Final Plat . . K VarIance , ~__ Other -~---------.,------- .. D '.~ J: R .. L);V ti (/) J-J (XJ ") f /); ;-- S/tO/V L-?f1/ ZX/S/-/J-f/6:. esenp..on o. equesh ---J----------~---...,t------------------------- f..c:!_ff.?_~~I'::i_t_Q_t_2_4.1-~~-gL----~!~'~--~s~(.~---~}3--- . t!)('y/ j/.:f,,;/{,T O-f !?/), ?-~/,vl-- . e ... ---------------~-------.,I ----------------~~~~--~ Sig~ature 0: Applicant; __~_.:1________iC~_.;;::.._.2'::_ D + .c. P bl. H. / a.a o. u Ie eanng: ___/__________________________________________ NOTE: Sketch of proposed proptrty and structure to be dra-..yn.on back of this form or at- tached, showing the ioll~wing: . . . i . 1 ?'i c: , 1. North directipn. MCS,?..\ . .. 2. Location of propos€d structure on lot. ~/- .J:.r." \'~. 3. Dimensions of front and side set-backs. ;;; ,Cf'" ~ l~ 4. Dimensions ~f proposed structure. f;:j t.'~6'~'r. <: 5 S. t I - rr"'f.C .. . "ree name. r:-..J T!i.LW...Tin - i 6. Location of djacent existing buildings. ~ CrTY~W^l'EA. J 7. Other inio ation as may be requested. ,.~ $ ~.wJN. dJ1 ;/~/ ;;tf j 9.)f1}, Approved ___ Denied __,_ y tho 'Pl~nning Commission on _________~_((~_e)~ / ;/ subiec:- to the ~ollowing co I ditions: ---------.:-------------------------- I ~;;r:::~-~~~-~::~~-~~~t:~:-~::::;-:~~~~~~~~~~~~~~~-:~~~::::~: J: II' d..' I \ . .0 OWIng con ~.lons: ____~----_:..----------------~-------------------_ A ! . ,., ~o~~::~~-(~~:-~t~:;~~~r;-~--------------~-----------------~-~---- . . t'O' ~.~. " t'i, . Jl~.~' ';"1'" 'I 4 \ --1 . .. 1- ~ '" J / '( "'-- " c:l t ? :l 0 g "v .' 'f~! ' _=--r : I : i / :;i .; ~! .. r-q : / . '., e ," _ d . ~...~, ~Y./'I\. " '. Si(~ ~CAf71J 11 e JOB NAME: ooaC</IL{, 1. %.-Acryllc face 2 ,. Plastic Irim cap 3 . _. Aluminum relurn, baked enamel base linish 4. Face retaining screw 5 Neon tube 6. Neon tube support 7. Mounllng faalener 8. U/l canneclo': 10. Flexible coodu! with co or U/l splice, 11. G,T.D. wire 12. Transformer l( 13. Primary pow r source pre.lnslalle yes _ no_ 14. Transform.: _m... 15. Grounding crew 16. len., back: aluminum armorply PrY WORK ORDER NO. CONTACT PERSON: O-/AhV / f. COLOR SCHEDULE Acrylic face: A&H' Trim cap: Return: Neon: PHONE: ~/b -;) '59/ g --t----- ~ ,~ 'b d w Raceway: yes _no_ Dimensions; -x _ Color: Mounllng: Cenler_ Top ____ Bottom _ Wall Construcllon: Wall color: APPROVED BY: 6'.0" DATE: --....-.. ---+ .. GOODWILL "..$OAoG/f<MOEliO<O....".IiVlCl\4l~tl'ftOl'(..UOlK(..OC"""CON> ...., ~t-.cIIOM,OISTllleuTION COIU"'~II()wOl' '..'SOI:loGH 10....' ~I:= ~~':::.~~.::: :~..I;::~::~~ ~::: ~.:.~("~..:::!~: FACE LAYOUT ~l~~~O:=6 =~IO~~.::I;: ~....:c::::o..':";: c......,IfoG,""OUI(;IO '1 I . I ~ Pus on lo UI ...-hat you '&IOUld pus on to I friend. .-1/2" STRIPE TOP & BOTTOM FINAL CHECK LIST. SHOP _ Compare Production Drawing with Sign _ Check All Colors _SIgn Tesl Lit _ U.L. labels _ Scenic Slon Sticker _ Note ACluallength on Oulslde 0' Crew Inslall COMPlETED IJY: DATE: _ Managers Slgnature/Malnlenance Form SIgned _ Completed Photo Vehicle Required Special EquIpment Required Directions Parking Reslrlctlons RequIred Presence at Inslall SpeCial Instructions Box 881 Saint Cloud 612-252-9400 Minnesota 56302 JOBI;U'ME: {j-OoD cv a& 5T J t/",-wjTrfl.),ijrV l/ "- ~ ~ 7 ;--. ..... ~ / Color _.. CIblnet P. t.. /tC. J::. Polee 13 ~". C I::: FlIOII 8,l V€... Copy tv J-J /: rt.- IWORK ORDER NO. f- INST ALLA TION Auger/Backhoe HoleSlze~' Plpo/Sq. Tubo SIze & Length OV....U Hel 1 Location 0 Property Electrical Dirt Removal Overhead Obstructions Concrete Required .~ d~ -.; .. ~~ ~ WlIIIII~ ~N. SlGN'CORI? Box 881, Saint Cloud Minnesota 56302 612-252-9400 ICONTACT PERSON: I (j. {,vr./ If. j}1 yds. PHONE: I,tlk~ S;Cf I IAPPROVED BY: OA TE: 1- e ---------, -- FINAL CHECK UST _ Compare Production Drawing with Sign _ Check All CoIo,. _Sign T..I Ut _ U.L. Label. _ Sc:enlc Sign Sticker _ Filled Out Service Card _ lifting Eye" (As Required) COMPLETED BY: DATE: __ [ K /'5 T/-,1../{;" ~ - /-/J' - ~/ /.<.t..A/ L//.Le.... e _ Maneo.r. SlgnaturelM.untenanC8 Form Signed _ Completed Photo Vehicle Required Special Equipment Required Directions Parking Restrictions Required Presence at InstaU Special Instruction, SALESMAN: 8Jfj I SCALE: //'{ J ( C;:,e t/ 8 f~ U,e 70 .::=- ID~j~ ,0 I ORDER DATE: '-~DI""".fMl!llICU*VI~In'l'MIol;f.NICIilQIiI~ IXJOIIIUI4."'OlIIIlOOl~ 1HOUl.Dauct<~TIIQOoIClCII;llJfl.ICIMC" INWlfII~.OIIT"anJClHClA(k""'TIONOI'TI1laOlIlO~TO_" ~ .llUtsaoo."'c:o.o~flQffnwlh4(fIMI.-MO"'~. O,"("...umu 0'...." 'M_ IYI'I.On:1I 01' 'IClUI'l co 011 \IH Of" fMUI Cl'IIA'1frlO '.... DIIlGII ~& TOCONSfJIUCf A IlGIIIlWl.Ul to '"I ONllaqQColO "'ltllllt. II e i" " e e e PLANNING APPLICATION REVIEW CASE NO. V/93-2 Planning Commission Meeting Date: January 11, 1993 Project Location: 203 West Hazel Street Comprehensive Plan District Single Family Zoning District: RA APPLICANT: Richard Edstrom Type of Application: Variance PROJECT DESCRIPTION: A variance to the Zoning Ordinance for an existing fence which exceeds the six foot height maximum and exceeds a previous variance granted for an eight foot fence. DISCUSSION: The request is to retain an existing fence which was not constructed as approved by the City Council on June 7, 1988. The fence, as measured by the Stillwater Building Inspector on January 6, 1993, is actually 9 ft., 5 1/2 inches at its highest point. This was not approved by the City Council. Since this was brought to the attention of the City Council, the Edstrom1s were advised to reapply for a variance for the existing fence. The attached letters will give you an overview of the correspondence between the applicant's attorney and the neighbor with the Stillwater City Attorney, Dave Magnuson. At the time of the previous variance request in 1988, the applicant stated that the fence would be 8 ft. in height. Since the project was not completed, Staff based the project description on the variance request and review of the site. Staff recommended denial of the 8 ft. fence because granting of the vari ance was not necessary for the reasonable use of the land. It was determined that a 6 ft. fence, the maximum allowable by the Zoning Ordinance, would accomplish the screening of the neighbor1s property. The applicant's lawyer has stated the fence exceeds the 8 ft. height at several locations due to the fact of the very uneven topography and the desire to keep the fence even for aesthetic purposes. He further states that, in granting of a variance, the neighboring properties would not be injured, nor would there be otherwise detrimental effects to the public welfare. The visual impact of the fence may be the injury which has occurred. The high fence against the natural environment and topography may be the detrimental effect to the public welfare or in this case, the neighbor1s property. It is very important that the Planning Commission view this site before meeting time so you can determine for yourself if the fence in question should remain or be lowered. Is the fence, in your view, necessary for reasonable use of the land. On the other hand, will anyone else beside the neighbor see the 1 I' ..., fence? The Stillwater Building Official is also concerned about the fence as it now stands. His memo is included in this report. e RECOMMENDATION: Deni al. FINDINGS: The granting of this variance is not necessary for the reasonable use of the 1 an d . ATTACHMENTS: i Letter from Mr.) Kal ish Letter from Mr.1 Lammers Original Staff jreport Original Planni!ng Commission and City Council minutes. ! IF THE VARIANCE IS RE 'OMMENDED, REQUIRED FINDINGS FOR VARIANCE: Vari ance: (a) There are special circumstances or conditions, fully described in the findings, applying tolthe land or building for which the variance is sought, which circumstances ot conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and that said circumstances or condttions are such that the strict application of the provisions of this Or~inance would deprive the applicant of the reasonable use of such land or build~ngs. (b) For reasons set flrth fully in the findings, the granting of the variance is necessary for the ~easonable use of the land or buildings and that the same ~ is the mini,mum varianre that will accomplish such purpose. .. (c) The granting of the variance will be in harmony with the general purpose and intent of this or!~inance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of ~he adjoining land and buildings and those in the vicinity,in making SUI~h finding, the City Council shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions i~ the area among other considerations. PLANNING COMMISSION ~ECOMMENDATION: Approval. I e r' " From: GB KaliSk - JD Wings INC PHOI'IE No. 612 439 5292 Jan.08 1993 12:02PM P01 e M.l'. JellY l.'ontajn~ Ci1y PlalUllllA CQIlurussiQll 216 North F oU11h Street Stillwa1Cl", J\.1N 55082 FAX -- 439 0456 J;;t~ . cJ~ January 8, 1993 Dc"r Mr. Fontaine, e I would like 10 respond to the city's letter elated Jnnuary 6, 1993, with specific rcfcroncc to Cn~e No. V /93-2. My wjfe nnd I tlfe strongly oppo!;r"d to "' ful1h~r vari':lIlce being granted 10 the property !oc.:tteu LIt 20) West Il;tzd StrC;t;t sin~e oUt. propc,,;rly is most aflected by this decision. Wh"'J1 the htitial YilrlilllCc WClH gmntcd it was in good fnith that th~ fcnc!,), wrutjh tU1110<1 out to be a wnll, wouM not exceed eight feet. It wag also'unders1ood 1hat 1he bcguming of1hc fence would 8tm't rll :five m1d n half1c.ct These mcmmrcmcnts were per the original valiance through Vem Rylander. Not only was the initial five and a half foot height violated but the eight foot height was exceeded by at least one foot five inches as measured by lnt.~mb(;jr!l of{h~ planning department and Ihe building official. None of1his withstanding, it seems as though the wall that was eventually constmctcd has never had a building pennit. Dy the strict letter of the law, the :Edstroms could be tasked with rcmo\~ng, the fence completely nnd building from scratch. 'flus of course seems a bit unreasonahle. J am only asldng the fenee he adjusted to i1~ originally agreed upon height and conform to city code to include only the original eight foot valiance. The reason 1 am writing th.is letter is that hoth my wife and I will he working out of town on the evening of .1 arm ary ] 1 for the planning commissions meeting. We have attended all previous council meeting.1! when this item w.as on the ngcn(L'\. We would Iil(c 10 answer any further qucl;tions the l~ommis8i()n might. hnvc on this matter to show how s1rongly we feel about th1s additional vminncc being granted. Should there be any doubt <l!': to 1he fimd resolution of this m"tt~r that r<;quircs :my of Ollr further input, I would like to request a c.ontinuanec on this item. \Vc sincerely appl'ec.iate your attention to this matter and arc hoping for a fmtl] resolution by lhe City Council on February 2, 1993. e Sinoot;! .- _./ ./ ~4/4' Gerald B Kalish cc: !v!ayor ChMlcs Hooley City Building Official ., " r illwater ~ --~ ~ -~ THE BIRTHPLACE OF MINNESOTA J e NOTICE OF PUBLIC HEARING VARIANCE REQUEST NOTICE IS HeREBY GIVEN that the City Council of the City of Stillwater, iMinnesota, will meet on Tuesday, February 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider ai'request from Scenic Sign Corporation for a Variance or placement of two signs which include a 48 square foot free-standing sign and a 16 square foot wall sign at 14 60 North 60th Street (Goodwill). The property is located in ithe BP-C, Business Park Commercial District. Case No. V/~3-1. I , All perso~s wishing to be heard with reference to this request Wilf be heard at this meeting. Mary Lou Johnson City Clerk e Publish: e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e MEMO TO: ANN TERWEDO, PLANNER FROM: ALLEN ZEPPER, BUILDING OFFICIAL DATE: JANUARY 11, 1992 RE: STRUCTURE AT 203 WEST HAZEL STREET I have noticed several errors in the letters and memos I have reviewed relative to Case No. V/93-2. First of all, Mr. Lammers mentioned in one of his letters that I had spoken to the applicant about the structure in 1988. This is in error, as I was not working on residential properties in 1988. Vern Rylander was doing those inspections. Therefore, if anyone spoke to them, it was Verne Another of the memos state that I told the contractor it was not necessary to call for a final inspection, as we would' be checking. Again, in error. In the first place, it wasn't this project they were working on, it was a sauna and deck project and in the second place, we did not say "don't call for a final inspection" as that is how we get existing projects off our record books. e State Building Codes defines any fence over six feet high as a structure. With a solid face wall of eight feet, two inches, as this one is, and a wind load factor of 80 miles per hour, which Minnesota is designated as, you have a nineteen pound per square foot lateral pressure, (as per the City Engineer). An eight foot two inch wall at nineteen pounds per square foot will bear 155 pounds of lateral pressure per lineal foot, or 1,240 pounds of lateral pressure per eight foot panel. This structure will need a structural engineer to verify its structural integrity, especially at the higher points. IN SUMMATION: I received an anonymous phone call reporting Mr. Kalish was building a deck without a permit. When I went out to investigate, I found the deck was 1 ega 1, but the wall across the back of his lot was higher than ordinances allowed. I asked Mr. Kalish about the wall, he said it wasn't his wall, rather it was his neighbors. I measured the wall, and returned to my office where I looked into the file and noticed a vari ance had been given for an eight foot fence. When I measured the fence, I found one area to be 9 feet 5 1/2 inches above grade so I knew it was in violation. If the existing panels were placed directly on the ground, they would still be in violation of the variance as the variance is to eight feet, and the individual panels are 8 foot 2 inches. Apparently, the framework for some type of fence was installed illegally with no plans or permits, which is why Mr. Rylander informed the owner they needed a variance. This framework would not indicate what was going to be put on the face of it, nor the style of covering. e The Uniform Building Code and City Ordinances both require permits for structures over six feet in height. No plans were submitted, permits acquired a or inspections called for. If this had been done, as is required, the errors ., in design would have been corrected. The process for a varilance takes several weeks, and the Inspection Department cannot keep checking to p,ee if a variance has been applied for and/or obtained. It i s the res po n sib i 1 i i t Y 0 f the fee h old e r, 0 r his ag en t , to s u bm it plan s , pick up proper permits and call for inspections. In this case, none of these were done. i e e e Case Number Jf-J.J.:k-- Z. o~ Fee Paid ____ 0_________ . d Il-/'qlc, J.; Da~e file ---/..:.-'-1.../------ CASE NUf1BER PLANNING ADJV\INISTRATIVE fORlv\ Street Location of Property: 203 West Hazel Street ------------------------------------------ Logal Doscription of PropertYI :s~t_~!._~~9~~_l.l_!3E.9.!lL1~.?;..._c..F_e_eJc__H_e_i.s.h_'ts..__ Own er: N a m e _ I3.~ <2~ ~:..~ _1l:.. _ ~I].~_.z~!.~;.-~.:.-:g:9~!E9.P- -- - - ------ -- - - -- - --- Address _~Q.~_\i:..._li~~~l_~t=_!._~t~l!.~~t~E_ Phone: _3}J_-_6)_'t7______ Ap'plicant (if other than oW]1er): Name ____________________~____________ Address______________________________ Phone:_______________ Type of Requestr ___ Rezoning ___ Special Use Permit x V . ___ anance ___ Approval of Preliminary Plct ___ Approval of final Plat ~__ Other~______________~___ Description of Request: _I3.e;.t~C?.~st:hy.~....~~~!~~S~-f9E-!~!?-.9~-~-E~~--a-t-tjl.-CJ1-e..d letter .. ------------------------------------------------------------------ e. Signature of Applicant: Date of Public Hearing: _____________________________________________ NOTE: Sketch of proposed property and structure to be dra'YIl.on back of, this form or at. tached, showing the following: .-:..:.- ~::'.. , ; '" 1. North direction. A~ .f1" \ 2. Location of proposed structure on lot. . g'S"- n ~ ,-"\ 1 ~9? " '\ 3 Dimensions of front and side s::>t-'oac'l.rs. ~ .. . - -- fi ~.. P:i.;O - ~ 4 Dimensions of proposed structure. ' :1 5' Street names. V~~ CTTYOFSTIt..LWAT.:.:R:::, . ~; ST1!.l.W,6,TER, VI 76., Location of adjacent existing buildings. 0\'(,... ~ ~1;;\3'N. CA~,"l ',,:'v Other information as may be requested, 'ty 70';)) , '0" A d D. d b h PI . C .. .~v(d) pprovc ___ cnle ___ y to' cnnmg ommlSSlon on ___________ ute ." --------------------------------------------- b. . '" ",L f II. d."'. . su lec;.o Hie ,0 owmg con Illons: ____________________________________ ----------------------~------------------------------------------- e Approved ___ Denied ___ by the Council on ________________ subject to the .t II. d."'. \ 10 oWing con Illons; __________:.._____________________________________ -------------------------------------------~-----~---------------- . Comments: (U~e other side). LAW OFFICES OF 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 e ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING LYLE ..I, ECKBERG JAMES F, LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER (6121439.2878 FAX (612) 439.2923 December 17, 1992 Mr. steve Russell Director of community Development city of stillwater 216 North Fourth stre1et stillwater, MN 550821 I In Re: Ridhard and Julie Edstrom/Jerry Kalish priivacy Fence I Dear steve: I Regarding tjhe above-entitled matter, enclosed please find an Application for I' retroactive variance and our check in the amount of $70.00 for filing fees. I am also enclosing a letter addressed to the City council and Planning commission outlining the basis for the reque ted variance, a copy of a letter from Dave Magnuson, a copy 0 a survey, and a copy of a proposal to reconstruct the fencf in question. I It is my ~nderstanding that the staff will review the proposed requested r~troactive variance and will prepare a report for the Planning COmfission and the City council. Should you need any additional info~mation regarding this request, please do not hesitate to give mel a call. It is my understanding that this matter will be place~ on the Planning commission agenda for January 11, 1993, and will qome on before the city council on February 2, 1993. e Thank you .for I I I I i your consideration regarding the above. Very truly yours, ~ ..<'~ , '/ '-- '1,/' // J es F. 'ammers JFL:dmr Enclosures I c: Dick & Julie Edstrom i e LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF Be VIERLING e 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE.J. ECKBERG .JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK.J. VIERLING GREGORY G, GALLER KEVIN K. SHOEBERG THOMAS.J. WEIDNER (612) 439.2878 FAX (612) 439.2923 December 10, 1992 TO: stillwater City Council stillwater Planning commission In Re: Richard and Julie Edstrom/Jerry Kalish Privacy Fence Ladies and Gentlemen: I wish to advise you that I represent Dick and Julie Edstrom who reside at 203 West Hazel street, stillwater, Minnesota, and that I am writing in support of my clients' application for a retroactive variance for approval of a privacy fence which was constructed in 1988. e By way of background, in 1988, while constructing a new home on Lot 2, Block 1, Brown's Creek Heights, my clients commenced construction of a privacy fence along their easterly lot line for the purpose of screening their property from the property owned by Mr. Jerry Kalish, who owns Lot I, Block 1, Brown's Creek Heights, with an address of 225 West Hazel street. The superstructure of the subject fence had been completed when the stillwater Building Inspector, during a routine inspection, observed that the subject fence exceeded the permitted height of 6 feet. Pursuant to the Building Inspector's instructions, my clients stopped construction on the fence and proceeded to apply for a variance which would allow for the completion of the fence as proposed. e At the time the variance was applied for, the only thing that needed to be done was to nail the plywood on the already constructed superstructure. At the time of the application for the variance, my clients submitted photos which clearly showed the superstructure and the fence framing of the proposed fence. Subdivision 25(M) (3) (a) of the zoning Ordinance provides that fences in excess of 6 feet above the ground shall be prohibited unless the abutting neighbor consents to a higher fence and permission is granted by the City Council. On the planning administrative form submitted by my client, the proposed fence was described as running from 4 1/2 feet to 5 feet at the starting point to 8 feet at the finish to accommodate a drop in grade level in two directions. This was an accurate description of the proposed fence. stillwater City Council stillwater Planning Commission December 10, 1992 Page 2 e i . I The plannln9 application described the fence as approximately 5 1/2 feet high beginning at the west end of the property and then runn~ng downward in a northeasterly direction following the slight s~ope and reaching an 8 foot height. As set forth on the photos su~mitted in support of the variance request, the terrain along the fence line is uneven, and the fence steps down in increment. Because of the uneven terrain, at several locations the height o~ the fence exceeds 8 feet. I As set forth! above, the framing which had already been constructed clearly irjdicated what the height of the completed fence would be at anyl given location. The Edstroms' neighbor, Gerald Kalish, after v~ewing the framing and the proposed height of the fence, wrote to the Council on June 7, 1988, stating, "Please be advised th~~ I have no objection to the request for a variance in order to quild the proposed privacy fence.1I On June 7, 1988, the Stillwa1er City Council unanimously approved the requested variance to construct the privacy fence as proposed. Following this approva , my clients completed the construction of the fence by nailing on the plywood to the already constructed framing. - On June 25, 992, more than 4 years after the completion of the subject fence, Mr. Kalish contacted the city advising the city that it had been brought to his attention that the subject fence exceeded the h ight of 8 feet in certain locations, and requested that the cit take whatever action would be necessary to correct this situatio~. In October of 1992, Dave Magnuson, Nile Kriesel, and Choc Junk~r visited the Edstrom property and observed that most of the subje~t fence was not higher than 8 feet, and that only a part of the fenbe appears to be higher because of the slope of the land. I am en~~osing a copy of Dave Magnuson's letter dated October 26, 1992, wri~ten to me. You will note that Dave inquired as to what the cost WlUld be to lessen the height of the fence at the several locations where it exceeded 8 feet. I am enclosing a copy of a proposal fr m Cates construction, the contractor on the original fence, stati g that the cost to reconstruct the fence at the several locationslin question would cost $2,000.00. It is the position of my clientf that this is cost prohibitive. i Based uponflDave Magnuson's recommendation, my clients have now applied for retroactive variance based upon the actual height of the fence s originally proposed and now existing. As the Council and PIa ning Commission are aware, the Stillwater Zoning Ordinance pro ides that a variance may be granted where special circumstances! exist which would make the granting of the variance appropriate,l and that variance procedures are designed to I e e e e stillwater city council stillwater Planning commission December 10, 1992 Page 3 permit minor adjustments based upon special circumstances, including slope and topography. The Ordinance further provides that the granting of the variance should be necessary for the reasonable use of the land and is the minimum variance that would accomplish the requested purposes, and that in granting the variance, neighboring properties would not be injured, nor would there be otherwise detrimental effects to the public welfare. We respectfully submit that the requested retroactive variance is consistent with the requirements and purposes of the Zoning Ordinance. We further respectfully submit that, at the time that the original variance was granted, all parties were clearly aware of what the actual height of the fence would be since the superstructure had already been constructed, and the fact that the height of the fence slightly exceeds 8 feet at several isolated locations is only due to the fact of the very uneven topography and the desire to keep the fence even for aesthetic purposes. We would invite members of the City Council and the Planning commission to actually view the subject fence, and we strongly believe that upon doing so, you would agree that the granting of the requested retroactive variance would be appropriate. Thank you for your consideration regarding the above. Very truly ~ ~) / 27?~,-- ._~s ~ F. Lammers JFL:dmr Enclosures c: Dick & Julie Edstrom . J .~ " ' '. ::J r ~ , i . ~ ~..,~ . ~... ....i.. Jf , - ";.....~. ~ C1"C::(/~C.V I ~r:oa.- '\'~..,.v..;" I :~:~ '~I:').'LI I,~ L--L -,- h . J./"._.:::, C"\':J I ,': J' .,""_-: . .. ....' .?.7?. '..! {:' . ',~' .~..: t3 'r. C .:7' ~ J';,~(i - -- ... _ .'f.ld'C,':.' ..~ - - - +6.6N- '~ ,.S".N./S/ .,,'" . oW> ?.. ,~ . 1..' .. >i ..~'i';:' ': ,.", ; .'e \" :,?'\. \.~. . ''I '.' ": ,...'. 1" : ,.:~'AJf':> >}' ..' 'r-> C"., ~.J <., ;";: 1 '...'. .~. "\'~ ~,111. .:~ t.~:{g;,.:~;:., "~ \' . , .~ .4 ',.":lor '. . :)0. :1. )':it l. .. .' ....t',~...;.., ;,'\ .~~ ."'" ,;'.. 1. ~~~::. :~,~:~-' ~:J~.~~ '. -;.: ~ ;. :,: ~ ~.: ' . .~... , '. , . ..'~ .', ":~'.' ':", ." " ,/,'~~l'" . :~.,. a. .,' . I. ,", ~lhi,;;;: i .~ :: };'~ft';~{':;:::;':, ' \ .'"i3> _~' ;'(-";"..L :; . ~'''''~-' ',(nr.r-, ~~:.:.LW.~~"':"", . '.'- ",,".:' .. . . ~1:;~~:~~~l(j~ l' ~. t.~ ".,,_ ,. ",... I: v'J" J.!t;';;''' .~ ~:'. f.."'." "'i/";:J..~t;.::~: .~J." ~;~;~~~;:Fr I ~ ...../,... .. .~ ~f~:'~{~;~,:. . -.' '0 .' . y oJ:. I ~ . . .t:~ . .. ", o,~: . ~ .... :, "" ." .'j t.. ;;:;;':':. :~ ~'- ..:.~~,w~ /'::. ,. '~j I .. " .. eo: , l; :~ " ..... I . I 't... .. ..: I ~ .. I .~ I , '" \ . \ .. +- . " \.!:;o. \ \ '\ '" ... "" . '!:. \ \ L '0 '., o. . ~ K" \. ~rI) , __--1 ~ '0 ~ , ~ .. ~ Q) ... "l '" ... ~'i) 'tr;. :..... ..,j .~ ~ 8 ,~ ~ ..., .. ;:- '" ~ - . 1.':/ ., ~ . . ,., :.~~~., !tt~ . !' J .... i~'. ~~~ .. . .. . ..., t- .' . " <>#; , . ' .. I" ,,- -,: ~~--.. . , . ': $_Z . e ~ .. ECKBERG, (~(O\\ \\:=V\~'(' LAW OFFICES OF '0 ~ U .u LAMMERS, BRIGGS, WOLFF a VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 e L. YLE.J, ECKBERG .JAMES 1", LAMMERS ROBERT G. BRIGGS PAUL. A. WOL.FF MARK .J. VIERLING GREGORY G. GALL.ER KEVIN K, SHOEBERG THOMAS.J, WEIDNER (612) 439.2676 FAX (612) 439-2923 July 10, 1992 Mayor Wally Abrahamson stillwater City council Members stillwater City Hall 216 North Fourth street stillwater, MN 55082 In Re: Richard and Julie Edstrom/Jerry Kalish Partition Fence Dear Mayor Abrahamson and Members of the stillwater city council: e I wish to advise you that I represent Dick and Julie Edstrom who reside at 203 West Hazel street, stillwater, Minnesota. Nile Kriesel has provided me with a copy of a letter dated June 25, 1992, written to the Mayor by Jerry Kalish who is the next door neighbor to the Edstroms, and who resides at 225 West Hazel street, stillwater. It is my understanding that this matter may be reviewed at the next City council meeting, and therefore, my clients have requested ,that I contact the Mayor and members of the Council regarding Mr. Kalish's letter. First of all, I wish to advise you that my clients have had absolutely no contact or conversation with Mr. Kalish or any other member of his family for more than three years. It therefore has come as a complete surprise to my clients that Mr. Kalish has a complaint about a privacy fence which was erected some four years ago. In 1988, my clients applied for and received a variance to build the fence in question. I am enclosing a copy of the relevant portion of the Minutes of the Council Meeting of June 7, 1988, at which time a Public Hearing was held on the requested variance of my clients to construct a fence 8 feet in height. The Council at that time granted a variance for the construction of the fence in question. Mr. Kalish had submitted a letter to the Council supporting the construction of the proposed' fence and indicating he had no objection to the same. I am also enclosing a copy of the Zoning Use Permit which was issued on June 14, 1988. e The fence in question was constructed exactly as proposed in the plans submitted to the City Council and the city Building Inspector in 1988. During the process of construction, the contractor contacted Allen Zepper, who advised the contractor that \~~1- \0 ~v , , / , Mayor Wally Abrahamson stillwater City council Members July 10, 1992 Page 2 - he would be inspecting the work in progress and that it was not necessary to call for! a final inspection. The fence in question was built to accommod~te mature trees and open space for shrubbery on both sides of the ~dstrom and Kalish property. The fence, as constructed, is esseIj1tially eight feet in height, although the height may possibly I exceed eight feet because of the unlevel terrain over which it' was built and the desire to keep the height of the fence at an even level. It is the I position of my clients that the fence in question was construqted exactly as proposed and conforms in every respect to the fence/approved by the city council in 1988. Hopefully the above answers any questions that may have been raised regardin~ this issue. Should the Mayor or Council need any further informa~ion or should you desire our appearance at a council Meeting for fhe purpose of discussing this issue in further detail, I would appr~ciate your so advising me. Thank you for your consideration regar~ing the above. JFL:dmr Enclosures c: Nile Kriesel I i Dave Magnuson i I I i I I I ! Very truly yours, e James F. Lammers e t(Q)r~i e Stillwater City Council Minutes Recessed Meeting June 7, 1988 2. This is the day and time for the Public Hearing on a Special Use Permit request to fill and grade an approximate 2,000 ft. road at 1250 So. Main St. in the General Heavy Industrial/Two Family Residential/Bluffland/ Shoreland/Flood Plain Dist., Frank Aiple) Sr., Applicant. Case No. SUP/88-25. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the request is to use fill to raise the level of the road connecting the north and south parts of Mr. Aiple1s operation., Mr. Fontaine stated the Planning Commission approved the request with t~e' recommended conditions. Mr. Aiple was present and stated he will not be using as much fill as first thought. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell) seconded by Councilmember Opheim to approve a Special Use Permit to fill and grade an approximate 2,000 ft. ~oad) with the recommended conditions) at 1250 So. Main St. requested by Frank Aiple, Case No. SUP/88-25. (All in favor). :'. 3. This is the day and time for the Public Hearing on a Variance request for construction of an eight ft. fence (six ft. required) at 203 W. Hazel St. in the Single Family Residential, RA Dist.) Richard & Julie Edstrom, Applicants. Case No. V/88-27. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr.'Russell explained the fence will be located on the south side of the Edstrom property and will run east to west and affects only two families. He also presented a letter from the neighbor supporting the fence. Mr. Fontaine stated the Planning Commission felt the request was unique since the fence is completely out of sight and only affects two families. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Variance request for construction of an eight ft. fence at 203 W. Hazel St.) Richard & Julie Edstrom, Case No. V/88-27. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to operate a furniture refinishing business in a garage at 111 So. William St. in the Two-Family Residential, RB Dist., Chris & Laura Fischer, Applicants. Case No. SUP/88-28. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. . 2 CITY OF STILLWATER ZONING USE PERMIT n Certificate of Compliance I I Rezoning I n Special Use Permit I IXl Variance I I I i Planned Unit Development i I I Grading I fl.ppl icant: Address: i RICHARD A.! AND JULIE A. EDSTROM 203 West +ze 1 Stillwatetr, MN 55082 ! City/State/Zip Code: Property Description: Lot 2 I Block 1 :L{U'I~" i No. V/88-27 ~ ~ u-- u Permit Fee S50.00 Date Fee Paid 4/28/88 n Sign I I n Conditional Use Amended Resubdivision Brown's qreek Heights Plat Parcel No. 9180-2300 Zone District RA Permitted Uses Fence Subject to the following special conditions: 1. The fence shall be set back minimum of two feet. We accept the conditions of t~is permit. We understand that any changes from these plans must be resubm;t~ed for approval. I Owner or Representative Date C t-IY-rY Date - e e Stillwater City Council Minutes July 21, 1992 Regular Meeting e Ayes - Councilmember Bodlovick, Funke and Mayor Abrahamson. Nays - Councilmember Opheim 2. Discussion of Disputed Height Varianc~ for fence; Edstrom/Kalish, Case No. V/88-27. Mr. Zepper summarized the proceedings that transpired relative to the above mentioned fence. Mr. Edstrom was granted a variance of eight ft. for construction of the fence, but in some places it was constructed higher. Susan Kalish, 225 W. Hazel St., a neighbor, said the fence blocks the view of the woods and ravine and had complained about it, but nothing "'/as done. Council and Staff discussion followed. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to direct City Attorney Magnuson to contact the Edstrom's attorney in regard to the partition fence at 203 W. Hazel St. in order to seek an amicable resolution to the problem; and expressing the preference for a height limitation of eight ft. (Ayes - 3; Nays - 1, Councilmember Opheim). 3. SAEDC Funding Request. Motion by Councilmember Opheim, seconded by Councilmember Funke to approve the 1992/93 contribution to SAEDC in the amount of $4,500. (All in favor). -- Council also expressed a concern that SAEDC continue to seek the Star Cluster recertification. 4. Update on McKusick Lake Trail. Mr. Kriesel explained the history of this subject, stating that Duane Elliott, a member of the Planning Commission and former City Engineer, and other citizens requested a study be made of a walking path around the lake. Also, a County and City road project is planned for 1993 and a bikepath is part of the project. Mr. Magnuson explained the need for some easements along the lake. Motion by Councilmember Opheim, seconded by Councilmember Funke to authorize the City Attorney to negotiate the necessary easements to complete the plan for the proposed walking path around McKusick Lake. (All in favor). NEW BUSINESS 2. Update on Household Hazardous Waste Collection. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick directing Staff to work with the County on their Household Hazardous Waste Collection Program. (All in favor). PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) 6 e .,;-' ./_.~~I t .:~ No. V/88-27 CITY OF STILLWATER Permit Fee $50.00 - Date Fee Paid 4/28/88 ZONING USE PERMIT n Certificate of Compliance n n Planned Unit Development ! n Rezoning I XI V ar i an ce I I Gradi ng n Sign I I I I Conditional Use Amended Resubdivision Speci al Use Permit i Applicant: i IRICHARD A. AND JULIE A. EDSTROM i City/State/Zip Code: 1203 West Hazel !Stillwater, MN 55082 I j !Lot 2 Block 1 Address: Property Description: Brown's Creek Heights Plat Parcel No. 9180-2300 Zone District RA Permitted Uses Fence Subject to the followin special conditions: 1. The fence shall be et back a minimum of two feet. - , I We accept the conditiohs of this permit. We understand that thn ~l annJT1'bjJu 7fubmitted fa; a royal. ~C{WJ~~ {;/J&?(J Owner or Representati e D~te C any changes from t-IY-yf/ .. Date ., e PLANNING APPLICATION REVIEW CASE NO. V/88-27 Planning Commission Meeting: May 9, 1988 Project Location: 203 West Hazel Street Comprehensive Plan District: Single Family Residential Zoning District: RA Applicant's Name: Richard A. and Julie Edstrom Type of Application: Variance Project Description: Variance request to construct an eight foot fence (six foot maximum required). Discussion: The fence will be located on the South side of the Edstrom property and will run East to West. To the South of this proposed fence is a new home with the backyard containing a dog and dog pen constructed of log posts and wire mesh. The Edstroms feel that a six foot fence would not block the view of the dog pen area from the patio and deck, as well as the kitchen and eating area of their home. The Edstroms would like to be screened from this area as much as tit possible and feel an eight foot fence would accommodate this. The new home is also at a slightly lower elevation than the Edstrom home so they feel the fence must be eight feet to screen the area. The fence will be approximately five and one-half feet high beginning at the West end of the property then run downward in a Northeasterly direction following the slight slope and reaching an eight foot height. After a field survey of the area, a six foot fence would block the view of the neighbor's backyard. Recommendation: Denial. Findings: For reasons set forth fully in the discussion, the granting of the variance is not necessary for the reasonable use of the land or buildings. Attachments: Copies of photographs. PLANNING COMMISSION RECOMMENDATION: Approval as conditioned. CONDITIONS: e 1. The applicant shall submit a letter from the neighbors supporting the eight foot fence request. 2. The fence shall be set back a minimum of two feet. f Planning Commission Minutes May 9, 1988 Motion by Don Valsvik~ seconded by Judy Curtis to approve Case SUP/88-25 with four conditions. Motion carried 7-0. e No. Case No. V/88-27 - ~ariance request to construct an eight foot fence (six feet required) ~t 203 West Hazel street in the Single Family Residential, RA, Distriict. Richard A. and Julie Edstrom, Applicants. Mr. Edstrom was pre~ent and explained that the request for an eight foot fence is to adeq~ately screen his home from that of his neighbor. He stated that the ~eighbor has no objection to the height of the fence. The Commissiqn discussed the rationale of the six feet requirement, and dete~mined that only one neighbor will be affected by the fence. Written cqnsent from that neighbor would be a condition of approval. A second qondition would be that the fence be set back two to three feet from th~ property line for maintenance purposes. ( i Motion by Rob Hamliry, seconded by Don Valsvik to approve Case No. V/88-27 with two condttions. Motion carried 7-0. Case No. SUP/88-28 1- Special Use Permit to operate a furniture refinishing businessl at 111 South William street in the Two Family ResidentIal, RB, Distfict. Chris ~nd Laura Fischer, Applicants. e The, appl icant explatned that he wishes to operate a furni ture refinishing business ut of his garage. He will pick up and deliver furniture and will no advertise the address of his business, and will therefore not generat additional traffic in the area. Rob Hamlin discusse with the applicant the use of dangerous and flammable chemicals, and the proper disposal of toxic waste. The applicant stated that he would take adequate safety measures, and will contact the PCA re arding regulations if required to do so. Mr. Russell stated that the building code would require adequate ventilation of the ~arage, and that all businesses are subject to yearly inspections b the Fire Department. There are five recommended conditions of approval; the Commission suggested the additi n of two more: 6)The use of flammable and toxic materials and toxi waste should be approved by state and County agencies and the ap licant will adhere to all regulations. 7)Locks and security system ill be installed. Motion by Don Valsv~k, seconded by Jean Jacobson to approve Case No. SUP/88-28 with sevdn conditions. Motion carried 6-1 (Rob Hamlin opposed) . i I Case No. PUD/88-29 -ipUD Concept Plan for a 3.5 acre parcel to be used~ for commercial devJlopment and a 10.6 acre parcel for a 106 unit,.., three story apartme~t building on 61st street at the future Frontage Road access road (~ehind Burger King in the Forest Hills/Frontage Road/South Greeley Atea) in the Two Family Residential, RB, District. I Augustine Brothers, fPplicants. I " e e e Stillwater City Council Minutes Recessed Meeting June 7, 1988 2. This is the day and time for the Public Hearing on a Special Use Permit request to fill and grade an approximate 2,000 ft. road at 1250 So. Main St. in the General Heavy Industrial/Two Family Residential/Bluffland/ ShorelandlFlood Plain Oist., Frank Aiple, Sr., Applicant. Case No. SUP/88-25. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the request is to use fill to raise the level of the road connecting the north and south parts of Mr. Aiple1s operation. Mr. Fontaine stated the Planning Commission approved the request with the recommended conditions. Mr. Aiple was present and stated he will not be using as much fill as first thought. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Opheim to approve a Special Use Permit to fill and grade an approximate 2,000 ft. road, with the recommended conditions, at 1250 So. Main St. requested by Frank Aiple, Case No. SUP/88-25. (All in favor). 3. This is the day and time for the Public Hearing on a Variance request for construction of an eight ft. fence (sii ft. required) at 203 W. Hazel St. in the Sin9l~ Family Residential, RA Oist., Richard & Julie Edstrom, Applicants. Case No. V/88-27. ' Notic~ of the hearing was published in the Stillwater Gazette ~n June 3, 1988 and copies were mailed to affected property owners. Mr. Russell explained the fence will be located on the south side of the Edstrom property and will run east to west and affects only two families. He also presented a letter from the neighbor supporting the fence. Mr. Fontaine stated the Planning Commission felt the request was unique since the fence is complete,ly out of sight and only affects two families. Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the Variance request for construction of an eight ft. fence at 203 W. Hazel St., Richard & Julie Edstrom, Case No. V/88-27. (All in favor). 4. This is the day and time for the Public Hearing on a Special Use Permit Request to operate a furniture refinishing business in a garage at 111 So. William St. in the Two-Family Residential, RB Oist., Chris & Laura Fischer, Applicants. Case No. SUP/88-28. Notice of the hearing was published in the Stillwater Gazette on June 3, 1988 and copies were mailed to affected property owners. 2 - ,_! e e e STILL'VATER CITY COUNCIL February 2, 1993 (Case history) 12/3/91 -Initial Letter to the Edstroms from the Building Official to Lower their fence to 8 feet and verifY the proximity of their septic system a"l being too close to the fence. (No response) li15/92 - Second letter from Building Official questioning why no adjustments had been made. 6/25/92 - My letter to the Mayor and City Council questioning by no action had been taken on the fence. 7/10/92 - Letter from the Edstrom's attorney stating, I quote: "It is the position of my clients that the fence in question was constructed in accordance with the plans and specifications submitted to the City..." \\'nat he didn't say is that a building pennit had never been granted. Also, he was able to restrict the City's Building Official from having any further contact with the Edstrom's. 7/13/92 - I wrote a letter to their attorney with my response and concerns. 7/23/92 - A letter was sent to the Edstrom's attorney from the City stating the City Council's conclusion, after its early July meeting, that the fence may be in violation of the City ordinances. 7/24/92 - My letter to the City Council to_vi.ew the "wall" at their convenience. li6/93 - Public hearing for another variance to be granted to 9 feet 6 inches. 1/8/93 - My letter to John Fontaine explaining both my wife and I would be out of town working on the night of the hearing, but would very much like an opportunity for input prior to their decision. If this was not possible, I requested a continuance until a time when we could be present. Our request was ignored. :My Objections: 1. The "wall is one foot six inches too high. (It's three and a half FEET over the City ordinance with no variance. 2. By definition, the structure is not a fence, it's a wall which requires engineering design. 3. The original complaint \vas initiated by the Building Official not myself as was originally tllilllght hy the City Coul\cil and tht: Plamling Committee. 4. The "wall" never had a tinal inspection, That is when the violation should have been caught. 5. Most of all, the '\vaU" has never had a Building Pennit. , . ~ - e - I was told buy the Planning Committee one of the reasons for their recommendation was it would be too costly to have the fence lowered. The message that City ordinances have a price limit on them is not a precedent I think the City Council wants to set. Not withstanding, since I believe their figure was highly inflated to redo the fence, I am willing to commit, in writing, with certain restrictions and limitations, that I am willing to bear any cost over $1,300.00 to have the "wall" adjusted. With this extensive history, it would be interesting to know the decision that would be rendered in a court of law as to the fmal height of the fence. Sincerely, Gerald B. Kalish e PLANNING APPLICATION REVIEW CASE NO. V/93-3 Planning Commission Meeting: January 11, 1993 Project Location: 214 South Main Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: Larry Martin Type of Application: Variance Project Description: A variance to the Parking Ordinance for the renovation of a vacant second floor of a commercial building into retail space. e DISCUSSION: The request is to convert a 3,200 square foot vacant second story of a commercial structure into a retail space. The reason for this proposal is that this is an increase in a retail space which demands additional parking as regulated by the Zoning Ordinance, Subd. 26, "Off Street Parking and Loading". The parking demand for this use is approximately 16 parking spaces. It is obvious that Martinis can not provide the off-street parking. However, it should be made clear they are contributing to the parking deficit in the Downtown by 16 parking spaces. CONDITIONS OF APPROVAL: 1. The applicant must meet all Building and Fire Codes. 2. No additional exterior signage is allowed. RECOMMENDATION: Approval. FINDINGS: This request meets the purpose and intent of the Zoning Ordinance. ATTACHMENTS: - Site Plan. PLANNING COMMISSION RECOMMENDATION: Approval. e ADDITIONAL INFORMATION: A loading area for the business is provided from the rear of the store and not available on Main Street. The applicant is not sure how many new vendors, if any, will be located on the second level. It is recommended that the following condition regarding loading be considered. 1. The loading area to the rear of the building off of Union Alley shall be used for merchandise loading and unloading. CASE NUr1BER V/f3- 3 / PLANNING ADJ\AINlSTRATlVE FORlv\ Street Location of Property: 1 __~:'z!d...i1~Sit.t.;(.L_______________ I D . o' f p ! ~o.l:::. ~JdJ / / ~ q Loga oscnpllon 0, roporrY; ___~/:'______~t:;;;dj_..aI'_-'-______________ Owner: Name 4~gj---I././jf;e;~--------------~-----~:-~--- Address .:d~!Lt..M~dt.____~:!:!..______ Phone: JI2~.J::d..Li:._ .. ., VJt2-J.' ~^'-" 55j?jr LU cq.3 /e-,..5-~ Aoollcant (Ii other than OWfl" er): Nome -------------------4.".2--------- '0 i . r r ).'O)2V Address--------1--------------------- Phone:--~7?~-i~~--- Type of Request~. ___ R?zoning ___ Approval or Preliminary Plet ___ S~ocial Use Permit ___ Approval 'of final Plat r(~ ~arionce \ .:.-- Other ~~---------"7..;~--.--- Description of Re'lu,:st: _~,v.:U.~~.d..L----..-:----...-------- .72:z.-a-i.Z~..r~--~~-tdk'-6~J..------------------- . I . '." ------~--------------sl:::~~:::~-~~~~~::~~~~~~~~~~~~ Caso Numbor ___________ Fee Paid __/~f2.'!!!..--- Da~e Filed _____________ e e Dote of Public Hearing: ..____________________________________________ I NOTE: Sketch of proposed property and structure to be dra'ijU.on back of this :form or at- tached, showing the ~ollowing: . I 1. North direction. 2. Location pf proposed structure on lot. 3. Dimensio1}s of iront and side set-backs. 4. Dimensiofs oi proposed structure. 5. Street~ nes. 6. Location of adjacent existing buildings. 7. Other i onnatiol". as may be requested. Approved ___ Denied -i- by tho 'Pl~nning Commission on ___________ (dCl~e) subiect ~o the ~ollowing conditions: _________..:__________________________ , --------------------~-~------------------------------------------- Approv~d ___ Denied _~_ by the Council on ________________ subiect to the , I "II' d..' \. .0 .OWlng con ..1ons: __________:..____________..____..____________________ e -------------------~-----~~---------------~----------------------- . I Comments; (Use other ~ida), . I' I e e - .. .. r illwater ~ - - ~ -~ T H ~I R T H P LAC E 0 F M INN E SOT A J NOTICE OF PUBLIC HEARING VARIANCE REQUEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, February 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a Variance to the Parking Ordinance from Larry Martin for the renovation of a 3,200 square foot vacant second level of a commercial structure into a retail space (Mid Town Antiques). The property is located at 214 South Main Street in the CBD, Central Business District. Case No. SUPj93-3. All persons wishing to be heard with reference to this request will be heard at this meeting. Mary Lou Johnson City Cl erk Publish: CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 t '-.'. i"" ~- :t.:-:....?,~""""'~ :....4.,../......__'..,..."".,._...,. l.....~"'" :... ,. ..__...-...-...;.;,... -........... .'"":""..~.-.~.;........~...~..;':'../ -".. ;. ..-.;~. 1 .~. ~~1." ~ ~,.~' :'~ ....... -- ':"....._-~.(.. , ' .~: ~; ~~::~l',.:;..:; :i~ ~~\ . .:_:\~., " .,.,~.~~....,. "-'.,.u_.~ .....,~."..,.:'~~...,. .._.~ '__'.~ h...........:--,.::.L~~"'":':"!.'!-- '~"""<.'-~"'''l:'~ ,.................~'. .' ,c..;.._..,.,. ...._.:...~.,......._' ,.....;.~....,..~-~_........ ~..~....... ... '::k;' ..--:..~ ... _........~--:...;.":'~_....':'......~,.._.._.....-. -... ..-,. -~:::._( ..--.-.-,-,... .~.".._---,...._}:...- -.. "~3L~...Ji.~,.~..,....".., l " '. ' ~. ' ..\:):.z ~".;' ':..;';' ~, t'-- - '_-:':-~----;:'-:~i =- .-:~'$;'.: '/ ~ ~:t..~).;-,.L "S'- j ~ \:G ~ ~ .' \\; (~ c. ,..-.---..............,. ,~.. ....... .__.~ ~.'..-' .. .-........ -. .._..."'~._..~..._'...--t'......_~,_.. ,.-..:" " ..........~, _'. .... .... , ~".~"" .-....~.._...,_...,.----..~.. . t . \-....... ;.,~ .........~~.. ""'...~.. .~-----_..-....._._,~_... . ( \ ' .. '-y--. -.. .. ........,..,i..., \ \ \1 , L. I ~~..._'~:.......,.-.~..:..y-~ ,..--...-----.. ~,.._~ ~,.-.-. ;;....,;......~,..~.. ... f.......,,_........,. \, , ,.....\J~. ..~.._~... . .._......_..........."...4.._.... ..,.... l""~.................-.._.: r , f" i ~ .\,-...-...~. . ... -:-",,' ., .................... .-__. '-':<-:-":'< j:" \ . ...... _a. .... . .. . ..~"".';:'~tj , l /~ ..~~;~~,:~.~.,.):;;::~:.;::,~:;r~t ;-'"..,.. '. ~-_...,._...... ....... ~."c . r" .,.' ,( . ":.... .. . r--....._....;.....-...... ".....dr .'..---; ....--- , r ~ . .,_ ,_...~_.. _-..,.... _......A~... _,.. .\ 1 ! '.- , ...._~~- i . :.> -I.~, ~ t"-~jJ'" "~"._~c, ~ p ~. ~ r5) V; ~.~.",. ~~t t ~ ~ " .' ~,~ ?, ~f: ! ... ::-,."..... ," ..~/ .' t:;;~111::~",'r.~,:;,~i:*)t; :1,1':;~'~~';W'Y'Y;" ,,: ., \ ,'~ \d:\~:"~p' ~..t.et:I-<!'':~~r'': Pl' .dr~ ~ '1'_ ,'1 " \",\: :1;1 . 1l ~. :l.!l..~...,~ t\~ \~~..>::.l.. ~ . ,~ n ..,M1 ~ 'f ' ' t~~,~1.r{~, -----~_........:....:.... ....-.._.~~~ ~ ~.. '\:) -- ~ ~ ~ ~.. ~ ~ ~ ~; ~ - "" I/' Ii ,II :'1 I / i i e, . ...~-.' ..-......-:-. '''e . ,;. ...... ~~. .- ., '""" ~ ,t) ~ ---" --- oJ ~---.. \-. . V\ i ;: . .J r ~ PLANNING APPLICATION REVIEW e CASE NO. V/93-4 Planning Commission Meeting: January 11, 1993 Project Location: 2304 Fairmeadows Road Comprehensive District: Single Family Zoning District: RA Applicant's Name: Michael and Sandra Hudson Type of Application: Variance. PROJECT DESCRIPTION Variance to the five yard setback requirement. DISCUSSION The request is to allow a storage shed located less than five feet from the property line. The applicant indicted in their letter of application that tree location and slope of the site are reasons for the variance location. There appears to be other locations on the site that would accommodate the storage building without a variance. e RECOMMENDATION: Denial. VARIANCE FINDINGS: (a) There are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land or buildings. (b) For reasons set forth fully in the findings, the granting of the variance is necessary for the reasonable use of the land or buildings and that the same is the minimum variance that will accomplish such purpose. (c) The granting of the variance will be in harmony with the general purpose and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining land and buildings and those in the vicinity, in making such finding, the City Council shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the area among other considerations. - PLANNING COMMISSION ACTION: Approval until May 15, 1993. The building shall be removed by that day. ... ."'" '&""\01 Co Numbor Yl-f-1.::.i.__ ~ '\ Ocl Fee Paid ____1.p__~______ CASE NUHBER Date filed __'!-I::)IJ~_ PLANNING ADlJdNlSTRATlVE FORlv\ Street loco lion of properl~: _ _t1..}!?i_IM.l!l~412r20.'=di--_!};:;Lf2___:;:;f, Logal Doscription of Prop~rty; _d.{]t_I./2_';:;..Ic~~-.j:f.:!.:_3..d-~~(J Owner: Name _L.J.lddJ..e-L_:i::s-f~.:!!.i~-~/:-4'f~----_------- Address _d.:S~A_~i02;~~~~-_t/Jhone: _5!3.7_-:;:'j:i>_~ Aoolicant (if other than ovVJ1er): Nama _________________________________ · · i . Address________L_____________________ ?hone:_____~_________ . , e Type of Request;. ___ RIQzoning ___ Approval of Preliminary Plat ___ S~Qcial Use Permit ___ Approval of Final Plat ~ ] .' ~ ~ariance ~__ Other___________________ Description of Request: c#1~_!JIi.{'~_::2Y2..iE_AL~i.i.'_;!j; J,:7t_..J~-t_Ad_f#.~~A.-Ji.!--------J'4c~-::!lA-~------ . . . ':75te4,;L~~SL.jf-h~--~-~P--:z1:--~--~-..&-~~:~ . S.] t f A I. ~. '. . /~ ligna ura 0 pp leanl., - ----- -i.f'E:'------ Data of Public Hearing: _1____________________________________________ NOTE: Sketch of pr?posed p~opert!' and structure to be dra'YU.on back r/' . rf-o~ or at- tached, showmg the followmg: '(,,:' . j :\-.. . ",\'<J'\... ~ ~ 1 North direiCtion. C)V)c,4:r 1).\ 2: Location 9f proposed structure on lot. 15:/ DEe ".~~2 ;;-/:\ 3. Dimension~ of front and side set-backs. C\..J P;.H) -R -j 4. Dimension~ of proposed structure. ~ cR STlLLWI(T'l.- -~ 5. Street narhes. C0, otTYc;;""" t..W^TEFl. _/'.1 c- ... ,.... ",!.. , 6. Location of adjacent existing buildings. (0;'., /J tt"3tl.J.(Y 7. Other inf~rmation as may be requested. W {~ '/ Ie: ::.. ~ ~ i '; \ '-~ . ; APPorov:d ___ Denie~ __j by. t.ne .Planning Commission on ___________ (dute) sublec. .0 the ~ollowmg cpndltlons: ____________________________________ e ] ---------------------T~------------------------------------------- I ] Approved --- Denied --t by the Council on ________________ subiaet to the f. ll. d.." I \ .0 oWing con lllons; ---r--:--.--:--------------------~----------------- - -------7-------------r---------------------------~---------------- Comments; (U~e other side). )i.~ ;;t; oLt~) - kv Wu- s~ ;;-lY ~ tJA"'- _ A A~ r t<-- V~ !J LA 'hr- d f~ t1 ;;;' fx t )Id rh~' ~ ~(T ~ __ +- dov- ~ c/k-~~ w ~ ~ i.~ 7i:r W~ 't;- ~ r C>l J. ~ ~ ~r':' . ~~ eX ~ ~ ~ ~ ~7_~$;t1i~ Wru-- fOS~ V'- ~ iP' o.P d ~- " lu- '-/-rw ~ t/D 'f6- . ~ - ~ ~ ex; ~ k- ~ d~ t-: cf4- ~ ~. ~ ~s?J u..- ~ JJU r~' . . -P ~ l/o ~?L v~ ~ J r .x ~ ~ ~ ~ ~ uJ-0-;;J: ~ ~ - . . ~~ ~~S';c . ~~~~- - '-' , I "-- '-- . \". a ELl.!.ld.I"'", ",2. n {) 8 e -- -- \ \ &:\ . 23 I :\ I"~-' _.- -1 I - - \ ~ ~4:~j -- - - E M, \to 2 I 1'4C :! to fIt\ -, 2.2 '6 ~ .. ..J--- .-J~ 19 ,. I ~ y.I ~ } 40- ~. ;~ ~ A ... g .. f4f1 20 \8 \7 -' -{i'~ 1 c.. ~ S(r ~ .,;,;- I .,. lIS ItO n~K - - *' -"4:::' '-"'" ," " .,.,~. ,""'" .. --..-.~ ~ .,J".,~, '1. "'ll' ,l ".- ,'C" .. .""' ~l' e e e 4 11 Qtillwater ~ - ~ THE BIRTHPLACE OF MINNESOTA J NOTICE OF PUBLIC HEARING VARIANCE REQUEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, wi 11 meet on Tuesday, February 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a request from Michael and Sandra Hudson for a Variance to the sideyard setback requirement for the placement of an accessory structure (approximately two feet proposed, five feet required). The property is located at 2304 Fairmeadows Road in the RA, Single Family Residential District. Case No. V/93-4. All persons wishing to be heard with reference to this request will be heard at this meeting. Mary Lou Johnson City Clerk CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e PLANNING APPLICATION REVIEW CASE NO. V/SUP/93-5 Planning Commission Meeting Date: January 11, 1993 Project Location: 921 South Greeley Street Comprehensive Plan District: Duplex Residential Zoning District: RB Applicant's Name: St. Croix Valley Clinic Type of Application: Variance and Special Use Permit PROJECT DESCRIPTION: The request is to construct a two level 3,500 square foot addition to the east (Everett Street) side of the clinic and 1,600 square foot two level addition to the southwest side of the clinic. DISCUSSION: The two level 3,500 square foot addition would extend the clinic building 32 feet toward Everett Street. As shown on the plans, this would be 30 feet from the property line at the south end of the building and 29 feet from the Everett Street property line at the north end. Thirty feet is required so a variance is required for the proposed 29 foot setback. This 7,000 square foot addition would house doctor examination and consultation rooms. The 1,600 square foot addition to the southwest corner of the building will be a clerical/records support area. Thirty doctors maximum will be housed in the clinic facility according to~the pr~l and parking analysis. Parking for the Cli~~d h~~pital a~~ ~bined lots. 349 spaces are required for the hospital/clinic campus, 363 spaces are provided. This includes a new 44 car lot directly across Everett Street east of the clinic expansion. The proposal indicates that "all large trees between the clinic and Everett Street in the expansion area will be preserved if possible." Low shrubs and grass will be planted in the remaining areas. It is recommended the applicant follow up this description with a detailed landscape plan that shows existing and new plant size, type and location before building permits are issued. It is recommended that any large trees that are removed be replaced and that additional large trees be added at the northeast corner of the clinic site (adjacent to the residential driveway). As indicated in the proposal information, the addition will be constructed of materials similar to the existing building. RECOMMENDATION: Denial of variance approval of Special Use Permit. 1 CONDITIONS OF APPROVAL: 1. The parking lot across from the clinic on Everett Street shall be constructed and available for use before clinic building addition occup an cy. e 2. A detailed lands!=ape plan showing new and existing vegetation for the clinic site shal~ be presented for Community Development Director review and approval before bui lding permits are issued. I ATTACHMENT: Plan s . PLANNING COMMISSION RECOMMENDATION: Denial. FINDING: The use is incompatible With the neighborhood character. I ADDITIONAL INfORMATION: I Since the Planning Cqmmission meeting of January 11, 1993, Staff has been updated on the ho~pital's attempts to purchase the two remaining residences located on ~he southwest corner of Churchill and Everett Streets. Since the August 4th City Council approval of the hospital, there have been seven in teracti ons betwlen the Harri ses' and the hospital and ten interacti ons between the Jensen's and jthe hospital. The hospital's offers to purchase the property are over 125% 01 the appraised value of the houses. e e e CASE NUf1BER PLANNING ADlv\INISTRATIVE FORl'v\ Co:;o Nt boY/.sJA!~/_q3_: !J- Fee Paid __H.Q.:..Q.9------__ Da~e Filed -~~!~-c!)1~--- Street location of Property: __2.Z.L~Q.l!..tlL.G1:.~~-S.t.r.ee.t.-------------------- Logol Doscripiion of PropertYI ---------------------------------------- Owne r: Na me _ _ ___S!.:_~soj~_Y.~l}!:r_C}i~!.<;...________________________ -- - -- Address__~~~~~~~~~~:~l:~_~t!~~~________ Phone:__~~:~~~_______ Ap.plicant (if other than oWfler): Name --------------------------------- Address_________~____________________ Pnone:_______________ Type or Request:. ___ Rozoning _~_ Special Use Permit ___ Y ariance ___ Approval of Preliminary Plet ___ Approval of final Plat ___ Otner___________________ De scri ptl on of Re quest: _ g~q,l!..E!.ll !_!..o..L ~'Q..ELcj..~J.._'l!Sl.,g_12.EU:'.mit_:i.n."Z"OIliu.g..- - -- ---- --- district RB. See attached. e ------------------------------------------------------------------ ------------------------------------------------------------------ Signature of Applicant: _________________________ Data of Public Hearing: _____________________________________________ NOTE: Sketch of. proposed property and structure to be dra'ijU ,on back of this f.9bll 0: at. t.ached, showing the following: ~'),0' 7~' '~ 1 N 'h'. . ,,'\.''C /~ '-) ~ . 1 or~ OlrectlOn. S0v ~., v,,,,:;, 2. Location of proposed structure on lot. :)i ,-r'. ,\"0<j~ '--'-~'~ ? D. . C . d'd b k C'\..J \) r \.. ,~.... . \ v. lmenSlOns 0.... Iront an S1 e set- ac. s. """ - ~"'t\" :rr'0 :'). 4. Dimensions oi proposed structure. ~, if ~1~-\'~~:'" ;,'J 5. Street names. ,_. CI1/ ~ ~'/'i,~1 '.''j 6 L t. . d. .l. .. b .ld. c- 51'" A?i"N. "- . oca Ion Oi: a )acen~ eXlstmg Ul mgs. ,~N......f' 7. Other inionnation as may ,be requested. <:~Ci. ,.\~/ ~~' ARproved ___ Denied __,_ by tho 'Planning Commission on ___________ (dute) subiec; ;0 the following conditions: ------------------------------------ ------------------------~--------~-------------------------------- e Approv-2d ___ Denied ___ by the Coun cil on ________________ subject to the ~ II' d... ,0 oV/lng con lllons: ------------------------------------------------ ----------------------------~------------------------------------- Commen~s; (Use other side) e e e ~..~,. BWBR ARCHITECTS ST. CROIX VALLEY CLINIC COMMISSION NO. 92099 I. Project Description Since its construction in 1977, the S1. Croix Valley Clinic, on the Lakeview Memorial Hospital campus, has seen steady growth in its practice. This growth, along with the expansion of the Hospital, has created the need for the Clinic to expand The primary goal of this expansion project is to meet the current and anticipated needs of the patient care functions of the Oinie. This will be accomplished by providing exam and special procedure space to improve the level of service to the Oinie's patients. Ancillary areas such as laboratory, x-ray, medical records and the business office will be remodeled to support the exam and procedure areas. Another goal is to preserve the existing character of the building. The additions to the current building will be respectful of the materials, massing and detailing of the existing Clinic, while also respecting the characteristics of the Hospital and campus as well. Additionally, the expansion also provides an opportunity for the Clinic to integrate with and enhance the quality of the existing medical campus. The expansion to the east of the existing Oinic builds upon the conceptual expansion plans developed when it was first built through a continuation of the exam room "loop". An adequate building setback was provided to allow for this expansion. The expansion at the southwest end of the Oinie will help bridge the gap in material differences between the Oinie and the Hospital. By using the Oinie brick with some of the forms of the connecting link, a transition is created. Internally, all building finishes will be maintained and continued in the new and remodeled areas. ll. Site Development/Landscaping Due to its location on the campus of Lakeview Memorial Hospital, the S1. Croix Valley Oinie needs to be integrated into the campus while at the same time maintaining its own identity. As part of the Hospital expansion, the expanded S1. Croix Valley Oinic will be connected to Lakeview Memorial Hospital through an on-grade connecting link which will serve as a shared campus entry to both the Oinic and Hospital. This new entry will be located at an elevation of 902 feet above sea level. This places it midway between the 5' change in elevation between the Oinie and the Hospital. e -7 e e ST. CROIX VALLEY CLINIC COMMISSION NO. 92099 PAGE 2 The majority of site work surrounding the S1. Croix Valley Oinic expansion will be completed by Lakeview Memorial Hospital. Landscaping on the east side of the expanded Oinie will be similar to the existing with low shrubs and grass lawn. All large trees will be preselVed if possible. The majority of site work to the west and south of the Oinie is by Lakeview Memorial Hospital. The site immediately adjacent to the Oinie on the west will be a concrete walk and planters similar to the existing. Immediately adjacent on the south side will be low shrubs and grass lawn again similar to the existing. The north side of the site adjacent to the east expansion will be a continuation of the existing rock ground cover. ill. Exterior Signage Signage is to follow Lakeview Memorial Hospital medical campus standards. Material to be a combination of light and dark brick from medical campus. Top cap to be precast concrete or stone. Sign face lettering to be opaque ivory approximately 9" high. Letter style to be Helvetica medium upper and lower case. Sign face to be illuminated from light fixtures located below in planting bed. Planting bed to surround all sides of sign. Note: See Site Plan for locations IV. Parking Analysis Required by Code .clillk , 150A Hospital Th1al 199B 349 306 319 --41 363 C,D Current Proposed on Site Proposed Across Everett Street Total Parking A. 5 per 30 physieians = 150 B. 1 per every 2 licensed Beds (97) = 48.5 Plus 150 employees at largest shift at 1 stall for each = 150 C. Total exceeds required by 14 stalls D. Total exceeds current by 57 stalls r illwater ~ - -~ THE BIRTHPLACE OF MINNESOTA ~ e NOTICE OF PUBLIC HEARING VARIANCE AND SPECIAL USE PERMIT REQUEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, Minnesota, will meet on Tuesday, February 2, 1993 at 7:00 P.M. in the Council Chambers of City Hall to consider a request for a Special Use Permit and Variance for a 5,000 square foot expansion of St. Croix Valley Clinic with a 29 fo~t setback from Everett Street (30 feet required). The property is located at 921 South Greeley Street in the RB, Two Family Residential District. St. Croix Valley Clinic, Applicant. Case No. V/SUP/93-5. All persons wishing to the heard with reference to this request will be heard at this meeting. e Mary Lou Johnson City Cl erk Publish: e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 ~ ,.. e e e ~L _.._.--r---_-...-..... ---- -...--... -..-- -..--- ------ '~:::'.L.r,,~;;;;~,'~~:,'.':~";'.. " '.' ------- .. ~," ,,,. ':::: :;;::.~:::, ::::: ...n uJ }.~~ ~J) }.... r..Li Uj ~+j ~~~ .....) . , I . I \ I . I . I I I - , . ~~~~\\~~<<~~~ ,111/1111////1/ 0.: o 084> I I I I I . Ee' PUHI NORTW . I ~ SITE f'LAN ..- .0 I---r- \ : I I i : I \ i : . I i : I I i \ , I LEGEND , - . B 400 S' 812 - c D - .,..,....,- .--.,- -- - .... - _r<< - [ IMITS - - - - - - - - r . .... ..~" "- No. - ....TItIoo llrTE PLAN H - .... No. 001 I ...-...- CONSTRUCTION L ~m LINE r I , \ . I \ / ST. CROIX VALLEY CLINI EXPANSION ~'-v WBR ARCHITECTS Wlr~~~ Street, SuJte 600 _222_370~nnesote 65101 .......... ..~..:.-=.-:,:.: -""......""- ...... .... "'- Ift1 ....... )00( \ :J . c . , [ r . .... 11. .... . ..... D ST. CROIX A VALLEY CUNII EXPANSION e T T T T _________________l___________________~___________________l________________~ , "''-V BWBR ARCHITECTS 400 Sibley SIre.t, SuIte 500 Saint Peul. lIinnesola ~101 612-222-3701 '"""'"'" e I I I I I ~- I I I I I I I 1- ...,....,......_.....-...-t__" - __.,_ ....-...""'1- ...,.... -.......-"'.........- .... ~.. c.t. _No. _f. I --------.--r-----------, I I I I -- -- ~ r------r I _______~____________ _J - .... ""''' "'r=r ..... - ~ ~R LEVEL FLOOR F'lAN "'- /toW Ift1 ""'"' .. - ....... lOO< ... e LOWER LEVB. FLOOR PLAN .. D5 ~ ~L It 1I . C D , [ r . .... R. ..... H ..... D ST. CROIX . VALLEY CLINI EXPANSION e T T T T ~'-v eWBR ARCHITECTS 400 SIbley Street, Sullo 1100 Saint Paul. llinneeola. 55101 812-222-3701 ......... -,....,.............,......-'---'.., "._",_"'-"'_I_I~""'" __"_.llloo-'___ .... .... ..... e _,. .... ... I I I ~ r----~-r "'... ..... -- - ,.." 1911 ...... .. -- ....... lOO< ... e tJlPER LEVEl. 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In' pc:lCU'8(f' -1-~ !L.~'... o 0 -1 LaP"'" a.1'l'.V 1 1 1 1 I I 1 ===========~=======================~ I -""'t 1L>>4'.'W 1 1 =---- -===-==:.::===:. k LaP~t 1L....04\1J' . ~ b=======================J=======~======== 1 oeLac .e" @ ~TW ELEVATI~ ~LMLf- "'NI" ~~f- a..,..y . .......,..._.--.~---., .......,._...-......I....a.,.~ --........-.,,...-"'- ..... .... ..... _rM ... .... _LMLt ELlIlo4'.lW .... 1/.,." "'- It1'I """" .. - .....1llIo LOS""'t 1L",oIW IU..IlINQ B.EYA TION8 ..... .. DD9 , STILLWATER PLANNING COMMISSION e MINUTES DATE: January 11, 1993 MEMBERS PRESENT: Gerald Fontaine, Chairman Angela Anderson, Gene Bealka, Glenna Bealka, Duane Elliott, Gary Funke, Rob Hamlin, and Don Valsvik. NOT PRESENT: Darwin Walde ALSO PRESENT: Mayor Charles Hooley, Steve Russell, Community Development Director and Ann Pung-Terwedo, City Planner/Substitute Secretary. Motion by Gene Bealka, seconded by Don Valsvik to approve the minutes of December 14, 1992, as submitted. Carried 8-0. PUBLIC HEARINGS 1. CASE NO. V/91-51 - A Variance to the placement of two signs which include a 48 square foot free-standing sign and a 16 square foot wall sign at 14460 North 60th Street (Goodwill Store). The property is located in the BP-C, Business Park Commercial District. Scenic Sign Corporation, Applicant. Bob Rubert, representing Scenic Sign Corporation, presented the case. Mr. e Rubert stated the Ordinance only allows for one sign and he needs two signs. The colors of the signs will be blue and white. 'The total sign area on the pylon sign will be reduced significantly. Rob Hamlin stated that we do have sign regulations. The Zoning Ordinance is supposed to regulate newer sign proposals. He also asked if the sign could be moved back to 15 feet. Mr. Rubert responded stating the sign would then infringe on the parking and landscape area. It would cost $3,500-$4,000 to move the sign to a new location. Don Valsvik made a motion to approve the signage as proposed for Case No. V/93-1 with a condition: 1. The pylon sign area for all signage for the whole building (all occupants) shall not exceed 100 square feet. Seconded by Glenna Bealka. Carried 8-0. 2. CASE NO. V/93-2 - A Variance to the Zoning Ordinance for an existing fence which exceeds the six foot maximum and exceeds a previous Variance granted for an eight foot fence (Case No. V/88-27). The property is located at 203 West Hazel Street in the RA, Single Family Residential District. Richard Edstrom, Applicant. e Julie Edstrom, representing the Edstrom family, was present. She stated that when the Variance was granted, the frame was in place. The neighbor, Mr. Kalish was supportive of the project at that time and stated his support in a letter. 1 .. I I Ann Pung-Terwedo distributed a letter stating Allen Zepper, the Building e Official.s, concerns regarding the fence proposal. Julie Edstrom did agree that pQrtions of the fence were above 9i feet. Steve Russell distributed a l~tter from the neighbor, Mr. Kalish, requesting a continuance on the case shoulld there be any questions or other matters relating to the case. I I I Julie Edstrom stated it would Cost $2,000 to make the changes in the fence. Mayor Hooley added that this f~nce has been in place for over four years. Duane Elliott stated there i a difference between screening and blocking. Is there some way to lower the fe ce on the east end towards the woods? I Mayor Hooley stated the City Should not get in the middle of a dispute between two neighbors who do not get along. Gary Funke made a motion to approve Case No. V/93-2. Seconded by Gene Bealka. Carried 6-2. 3. CASE NO. V/93-4 - A Variiance to the Parking Ordinance for renovation of a 3,200 sq~are foot vacant s~cond level of a commercial structure into a retail space (Mid Town Antiqlues). The property is located at 214 South Main Street in the CBD, Central Business District. Larry Martin, Applicant. ~ i ,., Mr. Martin, the building owner~ was present. Mr. Funke questioned where the ,parking would be located? I Mr. Martin stated he has more walk-in traffic at this location. i i It was clarified by several Cqmmission members that, if a ramp was built, some downtown building owners WOuld~'have to pay for parking. Mr. Martin concurred with the Commission. He stated that the only alteration to be made on the second level is an exit door a per the Building Code. Gary Funke made a motion to iapprove the Case No. V/93-3. Seconded by Don Valsvik. Carried 8-0. 4. CASE NO. V/93-4 - A Vari.ance to the sideyard setback requirement for the placement of an accessory stru~ture (approximately two feet proposed, five feet required) at 2304 Fairmieadows Road in the RA, Single Family Residential District. Michael and Sandra H~dson, Applicants. I I Mrs. Hudson stated the nei!ghbOrS complained so she came in to secure a Variance. Phil Christman, neighbor, s~ated the structure was placed without their knowledge. He felt the building should be moved. It is a nuisance. e 2 e Mr. Funke stated the Hudsons should get their money back and move the structure by May 30, 1993. Mr. Russell stated there were some costs incurred for hearing notices and publications. Gary Funke made a motion that the $70.00 costs should be reimbursed. No one seconded the motion. Rob Hamlin stated the fee should not be reimbursed. Don Valsvik made a motion to approve the Variance until May 15. Seconded by Gary Funke. Carried 8-0. 5. CASE NO. V/SUP/93-5 - A Special Use Permit and Variance for a 10,000 square foot expansion of the St. Croix Valley Clinic with at 29 foot setback from Everett Street (30 feet required). The property is located at 921 South Greeley Street in the RB, Two Family Residential District. St. Croix Valley Clinic, Applicant. Peter Smith, BWBR Architects, presented the proposal. He stated the proposal has been slightly changed to meet the 30 foot setback. The proposal includes expansion of the administrative and examination area of the clinic. Some trees would have to be removed. The hospital expansion parking would have to be removed to accommodate the e parking. The material of the expansion area would match the existing structure. The forty-four car parking lot will be constructed across Everett Street. Rosemary Jensen, 911 West Churchill, stated things have not been resolved on the remaining homes. She has been trying to negotiate with the hospital since last Summer. She is also concerned about the parking lot east of Everett Street. She asked that the Planning Commission not approve the proposal until negotiations to buy the remaining two homes on the block has been resolved. Mr. Smith stated the clinic has not been involved in the negotiations. Mr. Russell asked the Planning Commission that, when making a decision on this project, the Planning Commission should look at the character of the neighborhood. e Rob Hamlin stated a resolution should be made before the project is approved. The clinic should find a mechanism to do the right thing. Duane Elliott stated the hospital/clinic should move in good faith to purchase the properties. Rob Hamlin made a motion to deny the Special Use Permit request. Don Valsvik seconded the motion with an addition that a resolution be made on the two houses. Carried 8-0. 3 6. CASE NO. SUP/93-6 - A Special Use Permit for an 2,400 square foot ~ expansion of the deck at the Freight House for placement of a temporary tent ~ structure. The property is located at 305 South Water Street in the CBD, Central Business District; Todd Weiss, Applicant. Todd Weiss and Tim Stefan pJesented the proposal. Mr. Weiss presented the proposal. Mr. Weiss stated the'larea will be used for expansion of the deck to be used for banquet facilitieS) Howard Lieberman, representing himself as a local resident and the Heritage Preservation Commission, st 'ted the tent is a temporary structure. It is visible from the riverway a d blocks many of our historic buildings in the Downtown. The tent is obtrusiv to the Freight House which is on the National Register of Historic Places. Rob Hamlin felt that live musi outside may be an issue. Don Valsvik made a motion td continue Case No. SUP/93-5 and send it back to the Heritage Preservation Commlssion. Gene Bealka seconded the motion. Carried 8-0. I Gary Funke stated the tent ShO~ld be green or beige instead of white. Rob Hamlin stated the Freigrlt House draws a large number of people into this area of the Downtown. Gary Funke added that the project will improve the area. I Don Valsvik added that, evenlthough the riverway regulations do not come into play, the tent would have an ir\lpact. I Howard Leiberman added the t~nt is a permanent Summer structure and should be looked at in that light. He felt there could be alternatives which should be looked at. Jerry Fontaine feels the pro osal should go back to the Heritage Preservation Commission on the aesthetics o. the tent. i I Don Valsvik made a motion Ito send the proposal back to the Heritage Preservation Commission. Seconded by Glenna Bealka. Carried 8-0. i i 7. LEVEE WALL PROJECT Ann Pung-Terwedo updated the Planning Commission one the Levee Wall/Expansion funding sources. The Planning Commission reviewed a letter which will be directed to State funding sour es in support of the project. 8. COMPREHENSIVE PLAN Steve Russell presented the State Enabling Legislation for Comprehensive Plans. He also reviewed the Me ropolitan Development and Investment Framework prepared by the Metropolitan Council on Comprehensive Planning and the Stillwater Township Comprehens ve Plan. 4 e e e e e , Kathy Buck, Stillwater Township Board representative, was at the meeting representing the board's interests. She felt the rural character of the area is very important. The feeling of open space should be maintained at all times. Mr. Russell stated that, when looking at the area, wetlands, forest and hills will be considered. Infrastructure expansion will be very important. 9. POLICY STATEMENT Rob Hamlin presented a policy statement for consideration by the Planning Commission. It basically states that public facility services will not compete with private services. Rob Hamlin made a motion to approve the policy statement as written with recommendation to the City Council. Seconded by Duane Elliott. Carried 8-0. ADJOURNMENT Glenna Bealka made a motion to adjourn. Seconded by Duane Elliott. Carried. The meeting adjourned at 9:30 P.M. Respectfully submitted, Ann Pung-Terwedo 5 A bill for an act relating to taxation;1 transient lodging; city of stillwater to exempt a designated allowing the D1?4J:r . property. : ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: section 1. [CITY OF STILLWATER; TRANSIENT LODGING TAX.] lither prior to or following the city of stillwater's decision to impose a tax under Minnesota statutes, section 469.190, the city may indepen- ! ' tJ1..- -r LAJ <4<.../-7 -~, ,..~. ~",,"! dently and separately classify only such~al estate as is presently , '- p "'0 r- ..t...., located in the downtown commer ial district of the city and upon which such tax might be or has been imposed upon such property eligible for the imposition of such tax\so as to irrevocably exempt if/and when I r a.... -r /;A-J "-vI. "'"'1 - d JV:- r'" I> 0 W1 the city, by its resolution, d4signates that such/classified property shall thereby be exempted from\the future or past imposition of such tax because of such designated proJerty's contribution to either the, (i) commercial tax base of the cit~ through its commercial real estate tax rates, (ii) assessments for dOwrtown improvements, (iii) private capital 4It improvements made in conjuncti9n and cooperation with adjoining city capital improvements, or (iv) ufique value to the city of a historical, or operational nature and/or may be or may have been affected by such tax as to make the effect of the imrosition of such a tax upon the operational lodging revenues of! such designated property compromising of its competitive position with o~her transient lOdging establ~shments within the city and/or which mat otherwise be a potential or may have become an inequitable economic 'urden to the operations of such designated property and/or Whicl may otherwise diminish the continued competitive operation and prope maintenance of such designated the city's estimate of the property at a level at least e condition of such designated pr perty at the time of such designation. Sec. 2. [EFFECTIVE DAT ] Pursuant to Minnesota tatutes, section 645.023, subdivision 1, clause (a), sect'on 1 is effective without local approval the day following fina enactment. laidig01.go3-58 e Oft e e e r illwater ~ - - ~ -- -~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 29, 1993 SUBJECT: FINAL PLAT APPROVAL FOR GREEN TWIG WAY. Back groun d: On June 4, 1991, the City Council approved the Preliminary Plat for the five lot Green Twig Way Subdivision. Since that time, the utilities and road improvements have been installed and final plat prepared. The condition of Preliminary Approval are attached. The plat indicates a minimum habitable floor elevation on each lot of 858. A drainage and utility easement has been placed on the wetlands area to protect and preserve it and a deed restriction placed on a portion of Lot 1 to provide a pathway around the project. Outlot A is dedicated to the City for a pathway and to preserve the open space areas. Building plans will have to be reviewed to ensure development is located and elevated according to this plat approval. Recommendation: Approval as consistent with the Preliminary Plat approval. Condition of Approval: 1. The public walkway easement over Lot 1 shall be recorded before a building permit for that lot is issued. Attachment: Final Pl at. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 .\~ .."'''' e CAS E NUf1B ER Coso Number .s_~tJj-tj.L__d2 - Fee Paid ~_~_____ 5'/1 /c;'J Date Filed _-I-~-I-t.l...------ ". ' PLANNiNG ADlvdNlSTRATlVE FORl'v\ Street Location of Property: cJ.E.C.._fl.t:.__fA~!-LA-:Jfi.~-z&-:f-.l..!:=:----- Logal Doscription of Property. (jJ'0!lgi!!.E-C-.dP.!:'f~-7-ci~.!.('!H "< ~ Owner: Name /l:..f!.(If.Q~J::.t.f:l~Q_.!__~fg.e.-fE.f!-:!::I?:.t>..,L-.:(.L~--(!!o L~ ~ . Address 2U___'?_:._iltJ..&.D___2J.~_______ Phone: _t_J..9:_::_~L_'f-_7 Ap'pliccnt (if other than OW)1er): Name -----:----------------------------- Address______________________________ Phone:_______________ Type of Request:' ___ Rezoning _'6 Approval 'of Preliminary Plat ___ Special Use Permit ___ Approval of Final Plat ___ Variance \ :__ Other~______~___~_______ Description of Request: _fgfJ-:LAjL;lj1-t=i...--!!:!t.:..fl.c}'':!1:!:-.--~!:E~-~!i~~-{C;;) . J!.t:?.!J~f.'dtl..ft-'-:!:..-~::!./!:;;--QJ-!!.'::'..i:'::-.:'..=-~~!!.---€-1.~~-f;--gAfdq R Signature of Applicant: --- Data of Public Hearing: -____________________________________________ NOTE: Sketch of proposed property and structure to be drawn.on back of this iorm or at- tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set-backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of ~djacent existing buildings. 7. Other information as may be requested. . . . -------~---------------------------------- Approved ___ Denied __._ by the 'Pl~nning Commission on ___________ (dute) subiecr ~o the ~ollowjng conditions: ---------..:-------------------------- ----------------------~------------------------------------------- e Approved ___ Denied ___ by the Council on ________________ subiect to the .r:. II' d'.\.' \ 10 oWing con illons: __________~_____________________________________ ----------------~----------~-----~~----------~-------------------- . Comments: (U~e othElr side). i -.'t, \.\J \'\'~. ,y. r j~ If I / f fhe proposal has been reviewed by the City Engineer who indicated in his /letter of review (attached) that detailed, grading, erosion control and I, utility plans must be submitteo to complete review of the site but that , utiltie4s are available in the area. j ~, j> FINDINGS: The single family subdivision ~s proposed and conditioned is consistent with the ~i~y.Comprehensive Plan, Z~ning Ordinance, Flood Plain regulations and Subdlvlslon Requirements. i RECOMMENDATION: Approval with conditions. CONDITIONS OF APPROVAL: j" 1 A grading plan indicating building envelopes and the lowest habitable flood elevation for each lot shall be submitted before final final plat approval. 2. A pathway as finally d~termined by the Park Board shall be dedicated for Such use to the CHy before final plat approval. 3. A street construction and utility plan shall be approved and constructed before fin,l plat approval. 4. All building envelopes] shall be setback a minimum of 25 feet for the flood plain level. I 5. A gr~ding permit, incl~ding erosion control provisions, shall be obtalned before any colnstruction begins. I I 6. The vegetative area b 'low the rear setback shall not be disturbed. 7. A deed restriction sh 11 be placed on the lot, maintaining the natural character of the Floo Plain and setback area adjacent to McKusick Lake. ATTACHMENTS: - Ap P 1 i cat ion - Preliminary Plat. PLANNING COMMISSION ACTION: Approval as conditioned. ADDITIONAL INFORMATION: Tne ~arks Board reviewed the subdivision request in regard to park dedication requl retrlents and recommend that a twenty foot pathway easement be provided by the developer to the City along the old street car line, Outlot A, to Meadowlark Lane and then running along the west project boundary adjacent to Outlot Z to Outlot T, over arcel 1. The Board has previously rrentioned a need for a pathwdY around this p rt of McKusick Lake. c#c.~ , . e e e , e e e Stillwater City Council Minutes June 4, 1991 Recessed Meeting Motion by Council member Farrell, seconded by Council member Opheim, to approve a Variance to the front yard setback requirement (thirty ft. required, fifteen ft. requested) and to the sideyard setback requirement (five ft. required, three ft. proposed) for the constructi on of a screened porch at 511 W. !"'oore St. located in the RA, Single-Family Residential Dist., Jeff Sherburne, Applicant. Case No. V/91-22. (All in favor). 5. This is the day and time for the Publ ic Hearing to consider a Val'iance to the building coverage for an accessory structure (1,000 sq. ft. maximum, 1,562 sq. ft. requested) for the construction of an 832 sq. ft. garage at 428 E. Alder St. located in the RB, Two-Family Residential Dist. and the Bluffland/Shoreland Dist., Douglas Vollmer, Applicant. Case No. V/91-24 Notice of the hearing was published in The Courier on May 23, 1991 and mailed to affected property owners. Mr. Russell explained the applicant wishes to build a new garage on a lot which presently has an attached garage. The garage on the property will be torn down along with an existing shed. A condition is that the structure be used for residential purposes only. Mayor Abrahamson closed the heari ng. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve a Variance to the building coverage for an accessory structure (1,000 sq. ft. maximum, 1,562 sq. ft. requested) for the construction of an 832 sq. ft. garage at 428 E. Alder St. located in the RB, Two-Family Residential Dist. and the Bluffland/Shoreland Dist., as conditioned, Douglas Vollmer, Applicant. Case No. V/91-24. (All in favor.) 6. This is the day ,and time for the Public Hearing to consider a Major. Subdivision of a 29.5 acre parcel into two outlots and five developable lots ranging in size .from 25,180 sq. ft. to 44,600 sq. ft located off Eagle Ridge Tr.in the RA, Single-Family Residential Dist., Tim Nolde, Applicant. Case No. SUB/91-25 Notice of the hearing was published in The Courier on May 23, 1991 and mailed to affected property owners. Mr. Russell explained the application to subdivide a lot of 30 acres into five single-family lots. A previous application was submitted for multiple housing. Much of the site is under water and within a wetlands area. The Park and Recreation Commission requested a path around McKusick Lake to the north and there is a park dedication requirement. No residents spoke in opposition to the plan. Mayor Abrahamson closed the hearing. Moti on by Counci 1 member Bodl ovi ck, seconded by Council member Ophei m to approve a Major Subdivision of a 29.5 acre parcel into two outlots and five 4 Stillwater City Council Minutes June 4, 1991 Recessed Meeting developable lots ranging in sizl from 25,180 sq. ft. to 44,600 sq. ft located off Eagle Ridge Tr. in the RA, tingle-Family Residential Dist., as conditioned, Tim Nolde, Applicant. Case No. SUB/91-25. (All in favor). 7. This is the day and time fO~ the Public Hearing to consider a Variance to the Sign Ordinance for the lacernent of a twenty sq. ft. monument sign, eight ft. from the propertYi line located at 1672 So. Greeley St. in the BP-C, Business Pk. Comm. Di[. t., Larry Axdahl & Sheldon Pearson, Applicants. Case No. V/91-26 Notice of the hearing I as published in The Courier on May 23, 199i and mail ed to affected property o'tmers. Mr. Russell explained the rlequest to place a advertising sign with the address of the building and two businesses on a monument type free-standing sign. Previously, there was a sign plan for the entire building. If the wall sig~ were taken down this plan could meet the standards. The Planning C1mmission denied the request. Larry Axdahl stated they are having a problem with people locating the businesses in the building. The sign will stress the address of the building. , i I Deb Donlin, owner of "And $e\'l On", stated she ,{lould like the sign because she is getting started in ~ new business, she draws customers from areas other than Stillwater and t't is also a safety concern. Mayor Abrahamson closed th hearing. Council discussion included the obstruction of view for th businesses in that building and the intersection at Curve Crest which has heavy traffic. Council stated there is a hardship involved. i I I Motion by Councilmember Bodlov~ck, seconded by Councilmember Opheim to approve a Variance to the Sign OrdinanFe for the placement of a twenty sq. ft. monument sign, eight ft. from ~he property line located at 1672 So. Greeley St. in the BP-C, Business Pk. Comm. Dist., as conditioned, Larry Axdahl & Sheldon Pearson, Applicants. I ase No. V/91-26. (All in favor). 8. This is the day and time or the Public Hearing to consider a Special Use Permit for a guest house inn with tnree rooms and indoor/outdoor public dining located at 114 E. Cllestnut St. (the Bruns\'/ick House) in the CBD, Central Bus. Dist., Duane & Martha Hubbs, Applicants. Case No. SUP/91-27. Notice of the hearin was published in The Courier on May 23, 1991 and mailed to affected pr perty owners. Mr. Russell explained the request of the Hubbs for a three bedroom inn and restaurant in the Central business Dist. It would compliment the existing 5 , . e e e e e e ~ ' ' BARRETT M. STACK Rl't;ISTI'RED I.AND SIIRVI'YOR ')()')(I FAIRY FAI.LS ROAD NORTII S'i'lI.I.WATI;IC MINNESOTA 'j'j(lH! II(1MF TFI.FPII(lNF OFFICE TFI.EPHONE , ((>i2) ;'3').'j(,3O led .~l -1.,\)..iH1.1 January 8~ 1993 Mr. Tim Nolde ANCHOBA YPRO~ I nc . 311 South Third St. Stillwater~ MN 55082 1-27-93 - Rev. Note: Revised proposed walkway esmt. desc. as directed by City of Stillwater. BMS Dear Tim~ Herewith the proposed walkway easement over and across the westerly and northerly portion of Lot 1~ Block 1~ GREEN TWIG WAY. This walkway easement was a condition of your preliminary plat approval. As I have discussed with you~ SEH and the City of Stillwater~ part of this walkway~ as constructed~ encroaches onto Outlot Z of the recorded plat of OAK GLEN~ which adjoins westerly. Per my discussions with Mr. Dave Magnusson~ City of Stillwater attorney~ this walkway easement will be recorded against Lot 1~ Block 1~ GREEN TWIG WAY~ prior to the sale or building upon said Lot '1. An easement for public walkway purposes over and across a strip of land 10.00 feet in width~ the westerly~northerly and westerlY I ines of said 10.00 foot wide ~strip being more particL~arly described as follows: Beginning at the southwesterly corner of Lot 1~ Blockl~ GREEN TWIG WAY~ Washington County~ Minnesota~ thence northerly along the westerly line thereof and along the westerly line of said 10.00 walkway easement 215.25 feet to an angle point in said westerly line; thence easterly along the northerly line of said Lot 1 and along the northerly line of said 10.00 wide walkway easement 70.00 feet to an angle point in said northerly line; thence northerly along the westerly line of said Lot 1 and along the westerly line. of said 10.00 fOQt wide ~alkway. easement~ 564.56 feet~ more or less~ to the northwesterly corner of said Lot 1 and there terminate. The sidelines of said walkway easement being prolonged or shortened as to terminate with each other and to terminate at the southerly and northerly lines of said Lot 1. This easement is subject to drainage and utility easements as dedicated on the recorded plat of GREEN TWIG WAY. A copy of this revised proposed easement will be provided the City of Stillwater for their review and approval. Si~4#.~ ~rett M. Stack. RLS ' ~~SeJ ENGINEERS. ARCHITECTS. PLANNERS December 10, 1992 Mr. Steve Russell, Community Development Director City of Stillwater I 216 North Fourth Street i Stillwater, MN 55082 ! Dear Steve; 3535 VADNAIS CENTER DRIVE, ST. PAUL. MN 55110-5108 612490-2000 800 325-2055 RE: Stillwater, Minnesota Final Plat Review Green Twig Way SEH File No: 92274 i I have reviewed the final plat submitted by Barry Stack for Green Twig Way off of Eagle Ridge Trail. The only comment th~t I have is that the easement along the westerly edge of the plat (west line of Lot 1, Block 1~ will need to be widened to 10 feet to include the 8 foot trail and extended to intersect with Outlot I of Oak Glen. This easement will also need to include trail usage (Drainage, Util]ity and Walkway easement). Attached is a copy of the plat shorng the req~ired change in easement. 1 Sincerely, -Ud-( -P J- BCP/cih Enclosure SHORT ELLIOTT HENDRICKSON INC, ~ CLO~ Mj Barry C. Peters, P.E. CHIPPEWA FALLS. WI MADISON, WI > ., e e e e Qti I tyv~te~ ";;-",, "." " """ o~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 29, 1993 SUBJECT: REV I EW AN D AP PR OV AL OF AGREEMENT TO MAKE AN OFFER FOR PURCHASE OF RAILROAD LAND. e Background: The attached agreement is between the owners of the Dock Cafe, St. Croix Boat and Packet Company and the City of Stillwater. The specifics of this agreement were discussed at last Monday.s meeting. It is estimated that if the offer is accepted by the railroad, the cost of land to the City would be around $50,000. Any contract with the railroad to purchase the land would have to be approved by the Council. Recommendation: Approval of agreement to make the offer to purchase railroad land with the Dock Cafe and Stillwater Boat and Packet Company. Attachment: Agreement. e CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF 8: VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE -J. ECKBERG -JAMES F, LAMMERS ROBERT G. BRIGGS PAUL A. WOLFF MARK -J. VIERLING GREGORY G, GALLER KEVIN K. SHOEBERG THOMAS -J. WEIDNER SUSAN D. OLSON (612) 439-2878 FAX (612) 439-2923 January 19, 1993 Mr. David Spencer Attorney at Law Briggs and Morgan 2400 IDS Center Minneapolis, MN 55402 Mr. Barrett Stack Stack Land Surveying 9090 North Fairy Falls Rd. stillwater, MN 55082 Mr. David Magnuson Attorney at Law 324 South Main street Stillwater, MN 55082 Mr. Bruce Folz Bruce Folz & Associates 1815 Northwestern Avenue Stillwater, MN 55082 Mr. Steve Russell City of stillwater 216 North Fourth street stillwater, MN 55082 Mr. Michael McGuire Dock Cafe 425 Nelson Street stillwater, MN 55082 Mr. Dick Anderson st. Croix Boat & Packet, Inc. 225 Nelson Street P.O. Box 146 stillwater, MN 55082 Gentlemen: Enclosed herewith for your further review and comment is a revised Agreement between the City of stillwater, the Dock Cafe and st. Croix Boat & Packet Company regarding the acquisition of the railroad property south of the Dock Cafe. The first draft agreement has been revised to incorporate suggestions made by David Spencer. I have not received any comments or suggested changes from any of the other addressees, so if you have any, please advise. For your information, my client has been unable to find an abstract company willing to undertake the abstracting for the railroad property. After being advised of the risk of acquiring this property without an abstract and title exam, my client has indicated that they still intend to go ahead to purchase the property which is currently under purchase agreement as well as the January 8, 1993 Page Two property covered by this Agreement. If the lack of an abstract or a title exam to this p1roperty would deter either the ci ty of stillwater or Dock Cafe f om proceeding with this Agreement, please advise immediately. After you have had an opportunity to review the document, please give me a call wi h any proposed changes. RGB:dms Enclosure Yours v~' . ert J~~~: ( e e e AGREEMENT e THIS AGREEMENT, made this day of January, 1993, by and between the CITY OF STILLWATER, a Municipal corporation (hereinafter referred to as "City"), DOCK CAFE CORPORATION, a Minnesota corporation (hereinafter referred to as "Dock Cafe") and ST. CROIX BOAT AND PACKET COMPANY, a Minnesota corporation (hereinafter referred to as "Boat Company") . RECITALS 1. The Chicago and Northwestern Transportation Company and the sioux Line Railroad Company own certain real estate legally described as: e Part of Lot ll, Block 28, original town now City of stillwater and which is identified as Parcels 1, 2, 3, 3A, 3B, 3C and 4 on the Survey of Bruce A. Folz and Associates dated December 1, 1992, a copy of which is attached hereto and made a part hereof. 2. That the parties to this Agreement are desirous of obtaining title to the railroad properties, but feel it is in their mutual interest if all of the property is acquired by the Dock Cafe and the Boat Company with an agreement providing for the purchase by the City of certain parcels of the property. NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, it is agreed as follows: 1. Dock Cafe has previous to this Agreement submitted an offer to the railroads to purchase Parcels 1, 2, 3 and 3A as shown on Exhibit "A" for a purchase price of $5.00 per square foot or e $65,000.00, whichever is less. 2. Boat Company will submit an offer to purchase Parcels 3B, e 3C and 4 from the railroads for a purchase price of $30,000.00. 3. If the Dock Cafe is successful in acquiring Parcels 1, I 2, 3 and 3A at the offered price, City agrees to purchase, and Dock Cafe agrees to sell to City, Parcels 1, 2 and 3A for a purchase price equal to the City's pro rata share, based on the ratio that the total square feet n Parcels 1, 2 and 3A bears to the total square feet in Parcels 1, 2, 3 and 3A. I 4. If the Boat c~mpany is successful in purchasing Parcels 3B, 3C and 4 at the o~fered price of $30,000.00, City agrees to purchase, and Boat Company agrees to sell to City, Parcels 3B and 4 for a purchase price equal to the City's pro rata share, based on the ratio that the total square feet in Parcels 3B and 4 bears to the total square feer in Parcels 3B, 3C and 4. '4It 5. In the event Ithe Dock Cafe and/or the Boat Company are I unable to purchase the] property at the offered prices set forth above, then the Dock C4fe and the Boat Company may submit higher offers and the City shall have the right, but not the obligation, to purchase the same pacels using the same pro rata formula based on square footage. 6. In the event he Dock Cafe and/or Boat Company purchase the property at the offtred prices set forth above, or at a higher price and the city exercises its right to purchase the parcels, the City further agree to pay to the buyer(s) a proportionate share of the costs expenses incurred in purchasing said property, including not limited to, survey expenses, deed e 2 e taxes, title insurance costs, abstracting expenses, recording fees, and real estate taxes or assessments paid or assumed. The City's proportionate share of costs and expenses shall be determined according to the same pro-rata formula set forth above. 7. In the event a binding non-contingent purchase agreement is executed between the Boat Company and the railroads and/or the Dock Cafe and the railroads, it is understood and agreed that the City shall provide its proportionate share of the purchase price, costs and expenses in cash to the buyer(s) prior to closing. In the event the City is unable to provide its portion of the purchase price, costs and expenses prior to closing, then the Boat Company and/or the Dock Cafe shall provide the funds to purchase the property and the City shall have days to provide their pro rata share of the purchase price, costs and expenses, with interest from the closing date at percent per annum. In the event the City fails to pay their portion of the purchase price, costs and expenses within said days then their right to purchase the parcels set forth above shall be null and void. 8. In the event a binding non-contingent purchase agreement is executed between the Boat Company and the railroads and/or the Dock Cafe and the railroads, the City agrees to approve or waive any subdivision requirements for all the parcels noted above. 9. In the event the City provides its proportionate share of the purchase price, costs, expenses, and interest if necessary hereunder, to the buyer(s) prior to closing, or within days of closing, the buyer(s) agree to execute and deliver quit claim e e 3 deeds to the City with'n days of closing, conveying and transferring title to t identified above. 10. In the event he city provides its proportionate share of the purchase price, osts, expenses, and interest if necessary hereunder, to the buyer(s) prior to closing, or within days I . I . of closlng, the Dock cafe agrees to convey to the Clty an easement I for emergency vehicle access and an easement for a pedestrian walkway, across Parcel 3, extending the existing easement for emergency vehicle access across the Dock Cafe parking lot and the existing easement for tte pedestrian walkway along the shore of the river. The City furthe agrees to relocate the pedestrian walkway easement as presently recorded against the Dock Cafe parcel to where it actually exis~s, as shown on the survey of Bruce A. Folz and Associates, dated ~ecember 1, 1992. 11. The addresset of the respective parties are as follows: City of stil~ater 216 North Fo rth street stillwater,. 55082 Attn: StevelRussel1 Dock Cafe colporation st. Croix Boat and Packet Company 225 Nelson ~reet P.O. Box 14 stillwater, MN 55082 Attn: Dick Anderson Any notice f demand on the parties hereunder shall be mailed or personally delivered to such party at the address provided above or su h subsequent addresses as such party may 4 e e e e hereafter furnish in writing to the other parties. Notice and demand so given shall be sufficient for any purposes under this Agreement. 12. Nothing in this Agreement, express or implied, shall be deemed to create a partnership, joint venture, or any other combination between or among any of the parties, and each party shall be liable for its own acts or omissions under this Agreement. 13. This contract constitutes the entire Agreement of the parties regarding the subject property, and this Agreement may only be amended in writing signed by all of the parties, and/or their representatives hereto. 14. The parties to this Agreement agree that they are not relying on any warranties or representations of any other contracting party as to the condition, quantity, or quality of the subj ect property, and each party accepts its parcels, II as is ", both as to their physical condition and status of title. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year set forth above. tit CITY OF STILLWATER By Mayor Attest: Clerk e 5 ST. CROIX BOAT AND PACKET COMPANY By Its DOCK CAFE CORPORATION By Its 6 e e e - / ,.~'.- ,I. ,,,So , <' ., " . r...... ('..--";~.,1".~\" ,..'\-.,. C. -,..- P.04 '"" e " . . \ C\--'. ~.\ 1\\:"" '.. .....,. .;.J' '":~"f'^ .~*. " \";.:~~~~~;.~ .~'",.I": ..... l", Y-r- "f' '. ".. .....".~....... ..~ ';,....... ".~.. -4 .... . " ...: , . . ~.'O ....." 10. .....~ ", ..".,~., ,.. ~ " "~ \ --- e 01/29/93 09:21 FAX 612 490 2150 SEH ST. PAUL -+-H STILLWATER ~ 0021004 I . ..rS8i EHfiI,,,EEIlS . AACHrt'1:CrS . PUNNER$ 3535 V.p.ONAISCENYER DRIVE. S1. PAUL, MN55110.5tOS 612490 ,.'iJr,-o 800325.2055 January 29, 1993 RE: Stillwater, Minnesota Southeast Area Sewer SEH File No. 93033 e Honorable Mayor and City Council City of Stillwater 216 North 4th Stteet Stillwater, Minnesota 55082-4898 Dear Mayor and Council Members: As you requested, we have estimated the engineering cost for the S.E. Area Sewer. We have broken our estimate down into four parts: . . Sanitary Sewer . Waterma.in . Storm Sewer . Streets We will provide the following scope of services: Sanitary Sewer Review past reports and information, including soil borings, provided by the City Public Works Department and Board of Water Commissioners. Conduct preliminary topographical surveys for topography and elevations in northerly portion of study area and lowest floor elevations on residents. Research alternate materials and methods for constI'uction, particularly in the northerly part of the study area. This will include drop shafts, impact chambers at shear rock cliffs, and tunneling. Prepare preliminary sewer layouts and cost estimates. Review house elevations for services and possible alternate service methods, if required, such as grinder pumps and sump pumps. Prepare preliminary sizing and cost of a lift station. Watermain Review requirements of watermain and services with Water Board personnel and provide preliminary review of flow requirements for pipe sizing and service. Prepare preliminary layouts and cost estimates. e SHORT eLL/OTT HENDRICKSON INC. ST CLOUD. MN CHIPPeWA FALLS. WI MADISON, WI 01/29/93 09:22 FAX 612 490 215q I SEH ST. PAUL -+-+-+ STI LLWATER ~ 003/004 Honorable Mayor and City Council January 29, 1993 Page 2 Stonn Sewer Review existing information iavailable from past City records for existing drainage facilities. I Prepare drainage area preliminary map. Size pipe" prepare prelimin~ drawings and cost estimates for any storm sewer requirements. ' S-treets. Review existing soil boring infiormation to detennine structural section and rock removal quantities for determining cof estimates. Establish preliminary stteet grades, drawings and cost estimates. We estimate the engineering cost for each section to be as follows: Sanit~ry Sewer $2,680 WateIjmain 1,185 Storm Sewer 2,085 Street~ 1,785 MOckl Assessment Role 850 Total: $8,585 The estimated cost of a mock assessment role is for the total feasibility study including sanitary sewer, watermain, stonn sewer and streets. A slight cost reduction may be possible if only sanitary sew~r and watermain were a part of the study. The preparation of the mock assessment role I~ould be conducted in the same manner as we presently provide this service with Ci~ staff assistance. We would perform the servi s briefly described above on an hourly basis and at the cost for the person actually perio .ng the service, in accordance with our present contract with the City of Stillwater. We are pleased to provide . service for the City, and we have provided estimates of engineering cost in the vario sections such that the Council may determine the amount of feasibility study that may I required. J e e e e e e 01/29/93 09:22 FAX 612 490 2150 I SEH ST. PAUL -+-+-+ STILLWATER ~ 004/004 Honorable Mayor and City Council January 29, 1993 Page 3 We would be pleased to review this engineering cost estimate with you and answer any questions you may have at the next Council meeting. SincerelYI Gl4J1t}tlfflL Richard E. Moore, P.E. City Engineer REM/kam e e e ......,. ,.,..........,.., ,.....~~w<t;~...~ .f~\ \ L~ . t3 1983 J \ S ':Y I \. ~~~l ~~ .~. ....... ../ ,'...........,. 518 Dubuque Street Stillwater, Minnesota January 31, 1993 Mayor and City Council City of Stillwater, Minnesota Dear Mayor and Council: At the conclusion of the SE Stillwate~ sewer information meeting on Tuesday, January 26, 1993, I thought that those present,~by a large majority, were not only in favor of sewer, but many like myself, were honest enough to admit that we needed it badly. Remember, such a public admission could at present drastically reduce the resale value. Very few spoke against having sewers. I also got the feeling, after being asked to "show hands," that the 5 on the podium are going to let the homeowners decide if the area should have sewers, rather than face-the-fact that the ENTIRE area of necessity needs it! That would be shirking your responsibility of providing for the needed service of those willing to talk about their problem, and the health of the City. I was surprised at the small turnout. I doubt if a little over a third of the residents of SE Stillwater were represented. Notably absent were those in the block south of me where the glaciers form, and most of those on the edge of the bluff. A lady in the rear row spoke up against sewers, saying she didn't need it. The lady sitting next to her (her next-door neighbor) is the person who was warning people in every house in SE Stillwater on Halloween night, that "sewers were coming." Both have septic systems in their backyards that slope down onto property on 3rd Avenue. (Oh, to be "king of the hill.") Both ladies live across the street from the homes in the 1000 block on 4th Avenue that have the glaciers. - e e e e e e Mayor and City Council January 31, 1993 Page 2 The last house built in the quarry (in 1989) was permitted to put its drain field at the extreme ed~e of the solid-floor quarry drop-off above the River Oasis Cafe, because there was 3~ feet of rock-rubble on the quarry floor. Effluent is going to go over the bluff, ~ find a well-opening. See Mr. Zepper for drawings. The county and state are not going to look well on the continuance of the entire SE area pouring septic fluid into 50 to 15 abandoned, uncapped wells, in an area of solid rock. I don't think the other residents of Stillwater are going to like hearing that their city's aquifers are being polluted by SE Stillwater. In my presentation that evening, I did not have time to inform you, that if a septic system fails, all one needs to do is get a permit for a new one. One doesn't even need to have a Percolation test done if you are replacin~ a previous septic system. I doubt if even 10 homes in SE Stillwater ever had a "Perc" test done ori~inally, so all those "newly" installed replacement systems are just postponing the inevitable. Respectfully, ~aq~ .....,.- ~ t e e e e e .''''' ..... (North End of 4th Ave. S.) stillwater, MN (FORMER LIl1ESTONE .Q,UARRY) ",-'.- ...>.~:.;..~ ...... , ( .".... .. ... .""....1,, ,-..::<~--. ... . I ~- .t.. . , . .... -r ~~ ~' 0- !l ': " \, ". -" .i - .....") .-<t.,' . "'.:--:i "'j .. ._~ .~--- ". '. :~..! ..,~; ".' !I! 3 _:f. r. :'," c= :-: .: .~';"t I ","'. ; ~:.' ,", '; ... . Approx. Scale, 1" - 50' '.~.' '"..;.\ t# '\ . ~ Denotes Backhoe Boring l,J~ 1\ t 1 S 80 I F(<~ ft'\ ~'C;', . ~ ,.' . . ( "~.'" e e e e MEMORANDUM TO: Mayor and City Council FR: Nile L. Kriesel, City Coordinator DA: January 29, 1993 RE: APPOINTMENTS TO VARIOUS COMMITTEE INCLUDING COUNCIL LIAISON Citizen Appointments It appears that appointments to the Cable Corranission, Heritage Preservation Corranission and the Downtown Parking Corranission will not be possible Tuesday night because of the lack of candidates at this time. We will continue to advertise for the positions. Perhaps we will have a list of names by the February 16 meeting for the aforementioned corranittees. In regards to the Solid Waste Advisory Corranittee, there are six vacancies and the city received applications from four (4) individuals plus an expressed interest from three (3) of the members of the former ad hoc corranittee. The four applicants are: Michael E. McCarthy, Teresa Muckala and Ron Roeller (Kirk Roetman also applied but was appointed to the Planning Corranission and is not under consideration). Tim Schmolke interviewed Ms. Muckala, Mr. McCarthy and Mr. Roeller and would recorranend their appointments. The former Corrani ttee members are Mr. Schmolke, Janelle Borden and Joe Hibberd. Based on Mr. Schmolke' s recorranendation and on my own knowledge of the prospective members, I would recorranend the following appointments: Janelle Borden Joe Hibberd Tim Schmolke Teresa Muckala Michael McCarthy Ron Roeller 2 year term i./ 2 year term L~1- <f , 0 2 year term 1 year term 1 year term,/ 1 year term ~~( Council Liaison Council liaison appointments still need to be made to the Solid Waste Advisory Corranittee and also to the two Water Management Organizations (Middle River and Brown I s Creek). Traditionally the Mayor has been appointed as the City' s primary representative on the WMO's and a staff person has been appointed as an alternate. Ann Pung-Terwedo is the alternate and has actually been attending the meetings for the Mayor. The following is the status of Council liaison positions: Cable Corranission Park and Recreation Planning Port Authority Solid Waste BCWMO MRWMO Councilmember Bodlovick Councilmember CUmmings Councilmember Kimble Mayor Hooley (ex-officio) Vacant Vacant Vacant Council appointments are requested. ~~ Solid Waste Applicants Requesting Appointment e Michael E. McCarthy 212 So. Greeley St. W. 3 Ron Roeller W. 3 820 W. Stillwater Ave. Teresa Muckala W 1 1014 So. Third St. e e ( ..i... / ( e /I 'C ) ~ 'Jjl(},~i ~rcL L/~cYd~~ \\ I ~ . ~ ~~~ J2Jle ~ J4L l~~ ~ ~JG (X<wc~~., ,Jt6 4~~7P~d ~ (v" . +-!f- ~ ~ ~a--y}{...']..-}l~ .. .. . .~ JL~ J-WJ-yG {L ~~f. ,'-I; <;;:;t;j?tt<~ J 1/ _ (. (iL jJ{) (,t ().;) -J- , /~rY t.0 /4.' :J2....~~ )'..-c--7,~ + .' .~. . '.' t,'t'- -/::A-.rv- .....L.~ (I' J \ 'r -J) (\ . -L.() "1.JC-Zu.-".Lttx.--j~: .~ U/l/~'L-. ~C~~ J'11.. --lA't~ " '')'' ,,) ~J~J<v1",~~. J- ~ J-e- lrO ~L'--. G~~~~~ l Ch9v ~ .~ ~~ ~ J.! at- &, r- _ (5. '.Jkil ~ :V~~, .>>~ ~lr ../~"'-'Y c/-t~ ~'I-~.,,0 r e -<-----D If:.. f' /; /J I\~ . ~XJ,'- qJ-o 'L/J, --d;j::t~~~ cP~_ SJii&~~~j-fZ-r<7/)t4\ I ~ -s.o S /-)37- 0dlo1 J r_ ~ 1'6 /JC /r.L e I J- 1 I e Teresa Muckala 1014 South Third Street Stillwater, Minnesota 55082 November 5, 1992 Mary Lou Johnson Stillwater City Clerk City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Ms. Johnson: I am writing in response to the~ Slwater City Newsletter published in October. I understand the city is seeking resi ents interested in serving on the Solid Waste Advisory . Committee. I would be interest : in joining that committee. I am aware of the impact good so~d waste planning can have on a community's recycling, reuse, and landfill planning. ~' Some background information ab ut me: - Became a homeowner in Stillwater in May. - Advanced degree in bus' ! ess administration, undergraduate degree in journalism. - Marketing specialist for ay West, Inc., a St. Paul environmental services firm (does not deal with solid aste issues). - Minnesota native. e I would be happy to supply more information if you wish to consider me for the committee. Please feel free to contact me at 91-0456 (weekdays) or 430-0766 (evenings and weekends) . Best of luck with your solid wast planning. Cordially, X1Ld C '/11 ~/;; Teresa Muckala- e e e e (co' f f ,. .. September 29, 1992 Gary Funke 1605 W. Pine Stillwater, MN 55082 Dear Gary, I understand that there may be appointments made to Stillwater's Solid Waste Commission in the near future. If this is the case, I would like to be considered for the Commission. I have some knowledge of the fiscal, and environmental concerns involved and would like to contribute to our management of this essential public service. If you would like to discuss this further, please feel free to call me at 296-1883 during the day or at 439-2644 evenings. Thanks for your consideration. S incerel y , MiChar:~~ e TO: FROM: RE: 1891 1991 Se/l'illf? the St. Croix Vallev Area, Stillwater City Council ' DeAnna Zink, Co-Chair, Music on the Waterfront A Proposal for Outdoor concerts in Lowell Park 1-January-1993 The Downtown Council, a committee of the Stillwater Area Chamber of Commerce, would like to hold a series of six concerts in Lowell Park in 1993 on Wednesday evenings similar to the concert series held in the Park the last three years. We have requested permission from the Parks Board to reserve the southern portion of Lowell Park for those evening and they have given their approval. Music on the Waterfront Concert Proposal: Ob.iective: to provide high quality entertainment for residents and visi tors, the Downtown Council hopes to create a sense of an attractive and inviting downtown community. In the past three years, concerts were well received and attended with a substantial proportion of attendees being local residents. e Dates: July 14, 21, 28 and August 4, 11, 18 - raindate on August 25, with all music being performed between 7 p.m. and 10 p.m. Artists: music. The intent is to schedule different kinds of popular Funding: We intend to fund the concerts with a mix of sponsorships, donations and the sale of 3.2 beer, soda, and ice cream. All proceeds from the sale of refreshments will go for the support of the concert series. Insurance: Liability insurance will be provided through a rider on the Stillwater Area Chamber of Commerce. s policy. Dram shop insurance is not required for the sale of 3.2 beer. The Downtown Council Requests of the Stillwater City Council: 1. 2. 3. 4. e 5. Their support of the concept of Music on the Waterfront. A license for the consumption of 3.2 beer in Lowell Park during the concerts. A permit for the sale of refreshments and T-shirts in Lowell Park during the concerts. The closing of Levy Road to traffic during the concerts. Financial support for the concert series in the form of an in-kind donation of three police officers for security during the concerts. Brick Alley Building · 423 So. Main Street · Stillwater, Minnesota 55082.5127 · (612) 439.7700 e e e ,. LIST OF BILLS EXHIBIT nAn TO RESOLUTION NO. 93-22 Ahrens, Robert S. Albrecht Filter Service American Linen Service Becthold, Reed Browning-Ferris, Industries Browni~g-Ferris, Industries Buberl, Doug Buberl, Larry Capitol Communications Cargill Salt Cargill Salt Century POwer Equipment Cool Air Mechanical Croix Chordsmen Cub Scouts Deblon, Diane Drug Identification Bible Equipment Supply Inc. F.B.I.N.A.A. First United Methodist Church Glaser, Paul Goodyear Auto Service Government Training Service Government Training Service Heath, David J. Heritage Printing Images of Past & Present ITL Patch Company Klosowsky, Bruce Lake Country Door Landscape Architectural Servo League Minnesota Cities Lind, Leslie & Gladys LUdowese, Jay Magnuson, David Metropolitan Waste Control Commission Metz Baking Company Mn. Cellular One Govt. Finance Officers Assn. Mn. U. C. Fund Motorola, Inc. Municilite Company Northern States Power Company NAPA Auto Parts Nordquist, Richard North Star Trucks Olstad, Carl Otis Spunkmeyer Parker, Scott Public Employee Retirement Ice Knives Sharpened $ Remove Used Filters Towel Service Haul Snow Portable Rental Portable Rental Reimburse-Meal Ice Arena Duty Battery/Microphone Salt Salt Pins-Snow Blower Repairs Sesquicentennial Sesquicentennial Health Insurance 93 Drug ID Book Mte. City Hall/Library Dues-Bell Elections Boiler Engineer 12 Tires Data Privacy-Bell/Seim Liability-Klosowsky Computer Services Printing-Sesquicentennial Slide Projector Shoulder Patches-Police Reimburse-!-1eal Repair Door at Garage Levee Wall City Directories Land Purchase Ice Arena Duty Legal Services 30.00 50.00 15.50 1,251.25 183.68 48.98 6.71 44.10 10 1. 18 422.88 172.49 2.98 246.92 150.00 50.00 219.23 27.20 1,281.00 20.00 100.OO 200.00 607.05 90.0.0 115.00 75.00 6,150.00 432.66 330.15 7.93 56.00 475.00 326.00 927.00 40.25 4,036.00 SAC Charge-January Concession Supplies Mobile Phones Membership-Deblon Unemployment-Schrade Service Agreement Repair Strobe Light Energy Charges Battery Expenses-Collection Switches Reimburse-Meal Concession Supplies Reimburse-Meal Deductions-Sellner's 811.S0 177.84 57.27 15.00 103.38 267.00 83.32 13,633.42 47.88 Seminar 38.86 48.67 7.51 101. 00 6.71 402.70 Redland Insurance Company Reedsburg Hardware Rheinberger, Maurgarette Rigs & Squads St. Croix Valley Civil War St. John's Lodge corpo:ation Shiely Company Short Elliott Hendrickson Smeal Fire Equipment , State Chemical Mfg. Company Stillwater Gazette Suburban Propane Swanson, David Terwedo, Ann Treadway Graphics Valley Trophy Center Viking Safety Products Water Music White Bear Dodge Wybrite, Inc. MANUAL CHECKS-JANUARY i Beberg, Byrdie I Blevins concessionSup~ly Blue Cross/Blue Shield-I Brine's Brine's Junker Sanitation serv~ce League of Mn. Cities I Lily Lake Imprest Fund Lily Lake Imprest Fund, Lily Lake Imprest Fund, Postmaster .1 Postmaster Stafford, R. H. Washin~ton County Treasurer I Stafford, R. H. Washin~ton County Treasurer University of Minnesot Valley Trophy Center ADDENDUM TO BILLS Allen, Bradley American Linen Supply Bealka, Gene Buberl, Larry Business Records Corpo ation Cargill Salt Ford, William Gagnon Printing G & K Services Flood Insurance Chains Sesquicentennial Chalk/Night Sites Sesquicentennial Sesquicentennial Sand Engineering Equipment Parts Fragrence Supplies Publications Propane Sesquicentennial Sesquicentennial Misc. DARE Items Plaques Repairs-Gas Monitor Sesquicentennial Equipment Parts Service Agreements Typing Concession Supplies January Billing To Cover NSF Check To Cover NSF Check January Payment Conference Fees Reimburse Petty Cash Reimburse Petty Cash Reimburse Petty Cash Postage for Meter Postage for Meter Recording Fee Recording Fees Municipals Workshop Plaques Reimburse-Meal Towel Service Meals Ice Arena Duty Optech System Salt Refund V/Sub/93-13 Business Cards-Hooley Uniforms ~ 666.00 430.00 78.51 117.16 500.00 IOO.OO 1,056.38 249.90 42.06 657.85 132.87 233.67 400.00 147.00 96.07 61. 72 76.50 75.00 10.46 2,130.00 107.50 507.96 3,223.90 50.00 15.00 70,000.00 250.00 130.09 136.00 158.65 I,OOO.OO I,OOO.OO 18.00 36.00 180.00 352.46 6.88 43.90 12.08 44.10 28,054.36 1,451.51 70.00 26.96 853.20 " e e e e e e , Junker Recycling MAMA Mn. Cellular One Mn. Dept. Public Safety Northern States Power Company St. Cloud Area Convention and Visitors Bureau Short Elliott Hendrickson Stillwater Motor Company Treadway Graphics Valley Trophy Center Warren, Mack Recycling-January Subscription Service Mobile Phone CJDN Charges Street Lighting Room-Bodlovick Engineering Wiper Assy. DARE Buttons, Plaque 7 Plaques Ice Arena Duty ADOPTED BY THE COUNCIL THIS 2nd DAY OF FEBRUARY, 1993. APPROVED FOR PAYMENT 8,167.50 2,718.00 60.96 390.00 10,085.88 75.00 7,173.42 102.24 70.03 240.13 28.18 e e e Croixland Excavating 10003 Mendel Road No. Stillwater, Mn. 55082 APPLICATIONS February 2, 1993 Contractor's Licenses Excavators Renewa 1 DEPARTMENT OF MILITARY AFFAIRS MINNESOT A ARMY AND AIR NATIONAL GUARD O~CEOFTHEADnrrANTGENERAL VETERANS SERVICE BUILDING STATE OF MINNESOTA 20 WEST 12TH STREET ST. PAUL, MINNESOTA 55155-2098 January 21, 1993 Executive Director Honorable Charles M. Hooley Mayor of Stillwater City Hall 216 North Fourth Stillwater, Minnesota 55082 Dear Mayor Hooley: This letter is in response to yours ofJanuary 20, 1993. I would like to apologize to you for our lack of communication regarding the National Guard Training and Community Center in Stillwater. A part of the problem is that up until the present there has not been much to report. In March of this year the Department of Military Affil.irs will be presenting, to the congressional delegation our "add-on" package for 1993. The Training and Community Center in Stillwater will be a part of the package being presented. If we are successful the necessary funds to construct the center would be available after October 1993. . As a word of caution, no guaranties go with the submission of the project request. I hope what we have provided is sufficient for your needs, if not, I would be happy to visit with you, or any group having an interest in the new facility. I may be reached by telephone at (612) 296-4671. Sincerely, T ~Rt~ C 4, ARNG (Retirea) Executive Director "AN EQUAL OPPORTUNrrY EMPLOYER" January 20, 1993 Brigadier General Eugene R. The Adjutant General Veteran's Service Building st. Paul, MN 55155-2098 Dear General Andreotti: r illwater ~- -~ T", 1'""'"'''' .,,"sou ~ Fill COPy ,dreotti 1 The Council of the City of r Stillwater continues to be interested in the construction of a new Nationa~ Guard Armory in the City of Stillwater. As you are aware, the City has purchai. ed an excellent 8.5 acre site for the new facility and deeded it to the NationallGUard. The City has made a sincere I ommitment for the purchase of a designated site for the Armory. Our concern is that we have not had a response regarding this matter. Would you please resl?Ond regarding our concern. Thank you. CHM/smc a;:~<#~* Charles M. Hooley Mayor CITY HALL: 216 NORTH FOU TH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e ,.. ... e e e (' C 2./ 2.f 93 January 24,1993 James L. Kolb Valley Transit, Inc. P.o. Box 138 Stillwater, MN 55082 City Administrator city of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Nile Kriesel, Valley Transit contracts with the Regional Transit Board to provide Fixed Route Local Bus Service to the communities of Stillwater, Bayport, and Oak Park Heights. Annually we provide about 32,500 rides and run Monday through Friday from 7:00 AM to 5:30 PM. Valley Transit purchased this service in April 1976 and shortly thereafter began a Saturday schedule from 9:00 AM to 3:30 PM. In April 1991 the Regional Transit Board cut $10,000 from my annual budget eliminating Saturday service. A State of Minnesota budget shortfall was given as the reason. Valley Transit customers are currently circulating a petition to restore Saturday service. My recent discussions with the Regional Transit Board lead me to believe that funding may be available for Saturday service. I bel ieve there is enough demand for this service to make it cost effective. I would like to present the petition for Saturday service along with a letter of support from you to: Regional Transit Board Judy Hollander Director of Planning and Programs 230 East 5th Street st. Paul, MN 5510l If you have any questions or comments please write or call James Kolb. I can be reached at 433-3273. Sincere~ ~~ James L. Kolb President, Valley Transit, Inc. ~' t"; \.:) .\ " :)~.~' Monday thru Friday South Hill To Downtown Stillwater Via South Hill Route 56th Bay- State Water St. Ave, Ilr port Prison Paris Water and Croix Pick 3rd St. En. and and Mvrtle Mall -elt 3rd Av, trance Orleans Mvrtle AM AM AM AM AM AM AM 730 737 741 745 #749 759 830 837 841 845 849 853 858 930 *937 942 946 950 954 959 1130 *1137 1142 1146 1150 1154 1159 PM PM PM PM PM PM PM 1230 *1237 1242 1246 1250 1254 1259 130 *137 142 146 150 154 159 230 237 241 245 249 253 258 330 *337 342 346 350 354 359 435 *442 447 451 455 459 504 #Via 62nd Street North to Osgood to Orleans to 3rd Street *Via Raymie-Johnson Apartments. WILKINS ST. NORTH HILL AREA ,: .. .. z w ~ o DOWNTOWN STILLWATER OLIVE ST. CROIX WOOD tUglII.!!!!!!!.,,, ~= o~\ CROIX WOOD ~~ ~!<, S~\ i~ ~~\\\~~q; .,. '" o Time Point Points o' Interest 1111111111111 Limited Service HIGHWAY 36 OORLEANS ST. ~~ :I: SOUTH :~ ~ HILL o g AREA " ~ ... .. 59TH ui 60TH ST'IfO :( 7 u.i > OAK PARK HEIGHTS : w a: o Monday thru Friday North Hill To Owntwn Stillwater Via North Hill Route 11 Oak- ridge Church Water Croix -hili and -wood Greelev Mvrtle AM AM AM 711 719 724 811 819 824 911 919 924 1011 1019 1024 1111 1119 1124 PM PM PM 1211 1219 1224 111 119 124 *311 319 324 416 423 428 516 BAYPORT ~G .. ,: .. .. ,: 0 ~ ~ Water Olive and and Mvrtle Owen AM AM 700 707 800 807 900 907 1000 1007 1100 1107 PM PM 1200 1207 100 107 300 307 405 412 505 512 *Via Croixwood to Northland to Sunrise to Croixwood, September thru May ONLY, POINTS OF INTEREST 1) LI BRARY 2) CUB FOODS 3) RIVER HEIGHTS PLAZA 4) LILY LAKE 5) LAKEVIEW HOSPITAL 6) COUNTY COURTHOUSE 7) ST. CROIX MALL 8) RAYMIE-JOHNSON APARTMENTS 9) STATE PRISON 10) CROIXDALE APARTMENTS 11) ANDERSEN WINDOWS 12) ST. PAUL & STILLWATER RAILROAD STOP 13) HISTORIC COURTHOUSE 14) STILLWATER SENIOR HIGH SCHOOL SERVICE OPERATES MONDAY THRU FRIDAY EXCEPT ON THE FOLLOWING HOLIDAYS: New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. " ,~ e e e FARE INFORMATION Adult Fare: Off-Peak/"Peak All Rides....................................... $ .85 $1.10 "Peak hours. Monday-Friday 6-9 AM and 3:30-6:30 PM. Pay PoliCY: Please have exact fare ready. Drivers carry no change. Dollar bills not accepted. Reduced Fares . Weekdays from 6-9 a.m. and from 3:30-6:30 p.m., all riders pay the full adult fare including any applicable zone charge or express charge. All other times (including weekends and holidays): · Senior Citizens 65 and older pay 25t. Medicare card, MTC endorsed drivers license or state 10 card required to qualify for the reduced fare. . persons 17 and YUlmgerpar15~. YOUTH DISCOUNT CARD rcquirell for persons 14-17 years. · Disabled persons with MTC-ID pay 25~. · Children under age 6 free (limit 3) when accompanied by a paid fare. No time restrictions apply for this reduced rate. ROUTE INFORMATION In Stillwater, Valley Transit Connects with MTC routes on these streets: Water Street at Myrtle Street. Oliver Street at Owen Street. SPECIAL NOTES Northland Avenue is served September through May ONLY. Schedule subject to change. e GENERAL INFORMATION MTC SuperSaver Fares: Buy before you board the bus and save up to 35 percent on your ride. · SuperSaver Monthly Passes offer unlimited bus riding for each calendar month. The cost is based on your regular or express fare. Prices start as low as $22.00. · 10-Rlde SuperSaver tickets have no expiration date. Each punch on the card is worth face value and may be combined with tokens, cash or unused punChes from another card to pay a full fare. Prices start as low as $5.50. · 5-Ride SuperSaver tokens are valid for the 85-cent base fare. You can buy an envelope of five for just $2.75. In downtown Minneapolis, SuperSaver Fares are available at MTC's Minneapolis Transit Store, 719 Marquette, 7:30 a.m.-5:30 p.m. Monday thruugh F,id.y. AIso-avaitabteaH3ayton's, Car.oR Pirie Scott, Hel1ll8j}in County Government Center, and Riverplace. In downtown St. Paul, SuperSaver Fares are available at MTC's St. Paul Transit Store, American National Bank Building Skyway, 7:30 a.m.-5:00 p.m. Monday through Friday. Also available at Dayton's and Carson Pirie Scott. You can buy any SuperSaver Fare through the mail. To receive free no- postage required order form, call MTC at 349-7681. Transit Guides tell you which buses serve your area, how to read a pocket schedule, how much it costs to ride the bus, and how to use the Downtown Zone. They're free and are available at the Minneapolis Transit Store-719 Marquette in Minneapolis and at the St. Paul Transit Store, American National Bank Skyway. MTC Customer Relations Center: We encourage you to share your comments about our service or staff. You can call 349-7415 (349-7439 TOY for hearing impaired ONLY) Monday through Friday 7:00 a.m. to 5:45 p.m., and Saturday 9:00 a.m. to 5:45 p.m. Or you may write to: Metropolitan Transit Commission, 560-6th Ave. No., Minneapolis, MN 55411-4398, Attn: Customer Relations. Lost and Found: MTC's Lost and Found is located at 570-6th Ave. No. (just west of downtown Mpls.). You may call 349-7418 Monday through Friday 7:00 a.m. to 5:45 p.m., and Saturday 9:00 a.m. to 5:45 p.m. Found items will be kept for 14 days. Transit Information Center: If you can't pick up a pocket schedule, call 827-7733 (341-0140 TOY for hearing impaired ONLY) and an information representative will help you. Tell the information representative: 1. where you are 2. where you are going 3. when you would like to travel. Transillnformation Representatives are on duty from 6:00 a.m.-11:00 p.m. weekdays, 7:00 a.m.-4:30 p.m. Saturdays and from 7:00 a.m. - 11 :00 p.m. Sundays and holidays. e I e ~ 1891 1991 e Brick Alley Building · 423 So. Main Sired Slillwaler. Minnesola 55082.5127 STILLWATER AREA CHAMBER OF COMMERCE IS PROUD TO PRESENT: THE 1993 "ALL CITIES BANQUET" WEDNESDAY, FEBRUARY 10TH 5:30 - 10:00 P.M. VFW, Oak Park Heights KEYNOTE SPEAKER: DR. JIM BENSON, PRESIDENT DUNWOODY INSTITUTE - ENTERTAINMENT - GRAND GARAGE THEATER - "Tribute to Irving Berlin" * A BARBER SHOP QUARTET * JUDGE HOWARD ALBERTSON as "Sam Bloomer - and much more! "JOIN US FOR A FUN CELEBRATION"! ! ------------------------------------------------------------------- REGISTRATION FORM RSVP NO LATER THAN FEBRUARY 8TH COST: $25 per person (all inclusive - Buffet dinner, served by Brine#s Restaurant, tax/tip/speaker/entertainment!) COMPANY : NAMES: 1_ 2_ 3. 4. 5_ 6. 7_ 8_ * PLEASE ENCLOSE CHECK WITH REGISTRATION FORM AND RETURN TO: e Stillwater Area Chamber of Commerce 423 South Main Street Stillwater, MN 55082 e e e TO: FROM: DATE: SUBJECT: M E M 0 MAYOR AND COUNCIL NILE KRIESELt CITY COORDINATOR FEBRUARY 2t 1993 SALARIES FOR BUILDING OFFICIAL AND CIVIL DEFENSE DIRECTOR I would recommend the following salary settlements for the Building Official and the Civil Defense Director: Civil Defense Director $ 225.00/mo. 43t150.00/yr. Building Official In addition to the salary set for the Building Officialt he should also receive the same insurance benefits as other employee groups ($15/mo. increase) . e e e NOTICE RESCHEDULED MEETING January 27, 1993 TO: School District 834 City-Town-County Interagency Co-op FROM: Beverly Schultz, Mayor, City of Bayport RE: Interagency Co-op Meeting Notice Because of the ice storm on January 20, 1993, we have rescheduled the Co-op meeting for: Tuesday, February 16, 1993 Bayport City Hall 294 No. 3rd street Bayport, Minnesota 7:00 PM AGENDA I. Barriers to cooperation. 2. Redesigning system for delivering services. Talks by Lyall Schwarzkopf and Terrence Kayser from Met-Council staff. " ';) 'v 'A ,\* :> e' e e c.c- 21 ~ \ q '3 B" BlJRE-\U OF ~IEDlmO~ SERVlGS State of Minn~sola January 12, 1993 IN THE MATTER OF: Operating Engineers, Local 49; Minneapolis, Minnesota -and- city of Stillwater; stillwater, Minnesota BMS CASE NO: 93-PN-789 RE: Highway/Public Works/Parks RECEIPT OF MEDIATION PETITION AND MEETING NOTICE A petition for mediation in the above-named matter has been received by the Bureau of Mediation Services. In accordance with the laws of Minnesota, you are hereby notified of the following mediation meet- ing to be held for purposes of resolving this matter. DATE: Tuesday, February 09, 1993 TIME: 9 : 30 am LOCATION: stillwater city Hall stillwater, MN Both parties to this matter have a legal obligation to be present at this meeting and to make good faith efforts to resolve the dispute. Accordingly, each party must vest its representatives to mediation meetings with the authority to negotiate in good faith, the ability to identify unresolved issues, and to set forth the positions of that party with respect to each issue in dispute. '~~piRR/~ Mediation Unit Director cc: Tim R. Connors Nile Kriesel (61:!) h-t'i-3-t:!1 FAX: fhI:!) 043-3013 1380 Encr~y L.,Ol' . Suit\.' #:! . St. ['.wl. "-I:'-.i 55111~-5:!53 An [Lluoll OpP"rtunity Emplllwr - .':i.J J ~~ . "' f2"" ':'c. oJ S~~I!O c, 7' Lc>"'IC'( '/ e nall.-. JP8I8.8 ......, !II ... ~ ...., nll!.YI8~, 1IIl 11111 e Board of Trustees ninutes January 5. 1993 Present: Buck. Childs. Engebretson. Freeman. Kalinoff. naybanks. Ruch. Schaidt, and Bertalaio. 1. Call to order: There being a quorum present the meeting was called to order at 6:41 pn by President Schmidt. Welcomed new board member: Sheila naybanks, 201 Bayberry Court, Stillwater nN 55082. phone 439-4675. (She replaces Jane Cass.) 2. Adoption of the agenda: Absent any action to change Miled aqenda accepted. 3. Co..unica tions - AnnoWlcement of the Stillva ter Sesquicentennial Celebration startina January 16 with ice cream social in Lowell Park. Public Co_entary - None. 4. Consent Calendar: Adoption of lfinutes Payment of Bills Committee Reports nonthly Activity Reports Director and other Staff Reports Presidents Report l10ved to adopt the consent caleooar, inCluding payment of bills in the amoWlt of $30,116.44 fro. 1992 funds and $5.247.12 from 1993 funds. Seconded. Passed unanimously 5, Old Business: A. YCL/SPL Autoaation Contract - Bertalaio and Ruch reported that they are working with wet to amend the 1987 contract to reflect current activities and desires. The current draft is in several pieces, but they feel that they are making proqress. B. Union Contract Ieqotia tioDs - Bertalmio and Freeman reported on cOm&Wlications with business aqent and city. Several sugqestions were made about possible resolution to conflicting demands. e , C. 1933 Hours o~ OperatIon - notion to accept the !ollowing schedule. effeqtive February 1, 1993: Dav. Hours ODen Sunday 1-5 nonday 1-9 e Tuesday and Wednesday 10-9 Thursday 1-9 Friday anP Saturday 10-5 Seconded; follQwing discussion. passed unanimously. D. Other - None. ! I I 6. .e.... Business: I A. Endo..ent AdYisory Coaaittee Structure - DocUJllent A was offered by Sc~idt to provide ~tructure for and direction to the Endowment Advisory Committee. Charge wording "To perform a long term fund raising effort to endow educational functions under the sponsorship and direction of the Stillwater Public Library." notion to accept; seconded.; following discussion. passed unaniao~ly. notion to appo~nt Jack Ullrich as chair of Endowment Advisory Committee; sec9nded; passed unanimously. B. Vacancy on tge Board of Trustees Effective rebruary 1, 1933 -.Anita B~ck will resiqn. Board consensus to offer the naae of Su~n Nelson to fill out Buck's tera. C. Policy Revie.: Photocopier and Other In-House Equip.ent - No action requested. Director noted that some action may be required on FAX poliCY; staff will accUJllulate experience and bring recommendation. D. Other - None. 7. Adjourna.ent - i e Aqenda items bei~ completed and no other business being before the Board preside1t Schmidt adjourned the meeting at 9:05 pn. i i I e