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Home My WebLink About1991-05-21 CC Packet . ~ ~~ e AGENDA STIllWATER CITY COUNCIL May 21, 1991 REGULAR MEETING CAll TO ORDER INVOCATION ROll CAll 7:00 P.M. e APPROVAL OF MINUTES - Regular & Recessed Meetings - May 7, 1991. INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Resolution commending Tom lammers posthumously for years of service to Ci ty. STAFF REPORTS PUBLIC HEARINGS 1. This is the day and time for local Improvement Hearing No. 271, Curve Crest Blvd. from Washington Ave. to the West. Notice of the hearing was published in The Courier on May 9 and May 16, 1991 and mailed to affected property owners. 2. This is the day and time for local Improvement Hearing No. 273, Highlands of Stillwater, (formerly Benson Farm Property). Notice of the hearing was published in The Courier on May 9 and May 16, 1991 and mailed to affected property owners. UNFINISHED BUSINESS 1. Modification to Special Use Permit Master Plan for Popeyes Restaurant located at 422 E. Mulberry St. in the Bluffland/Shoreland Dist, Robert Marois, Applicant. 2. Final Plat Approval for 33 lot First Phase of Highlands of Stillwater Subdivision located east of the intersection of W. Orleans & Washington Ave. (Benson Farm), Case No. SUB/91-23. 3. Update on Downtown Plan Improvements. 4. Discussion of Volume Based Fee System for Solid Waste Collection. NEW BUSINESS 1. Possible reappointment of Jim Weaver to Board of Water Commissioners. 2. Ordinance comprehensively reorganizing and classifying, including minor modifications to the Zoning Ordinance, City of Stillwater, Applicant. Case No. ZAT/91-1. 3. Planning Commission Vacancy. e PETITIONS, INDIVIDUALS & DELEGATIONS (Continued) 1 .. . .... CONSENT AGENDA a 1. Resolution Directin Payment of Bills (Resolution No. 91-88) ,.. 2. Applications (list 0 be supplied at meeting). 3. Submission of'claim to Insurance Co. for damage to auto from pipe in drain. 4. Request for Banner Valley Antique Show, Sept. 14 & 15, 1991. 5. Set Public Hearing ate of June 4, 1991 for the following Planning Cases: a. Case No. SUB/91- 7 - A Minor Subdivision of a 11.29 acre parcel into two lots 0 4. 6 acres & 6.33 acres located north of STH 96 in the RA, Single-Family Residential Dist. & Bluffland/Shoreland Dist., Kenneth Seefert, Applicant. b. Case No. SUP/91-19 - A Special Use Permit for modification to a prevlously approved Special Use Permit to construct a 22 ft. by 24 ft. two-story addition to a group home residential facility at 310 W. Myrtle St. located in the RCM, Medium Density Multiple-Family Residential Dist., Rodney Stivland, Applicant. c. Case No. V/91-21 - A Variance to the five ft. sideyard setback requirement for he construction of an attached garage with a zero sideyard setback ocated at 915 W. Abbott St. in the RB, Two Family Residential Dist., Raymond loida, Applicant. d. Case No. V/91-22 - A Variance to the front yard setback requirement (thirty ft. required, fifteen ft. requested) and to the sideyard setback requirelne t (five ft. required, three ft. proposed) for the construction of a screened porch at 511 W. Moore St. located in the RA, Single-Family Residential Dist., Jeff Sherburne, Applicant. e. Case No. V/91-24 - A Variance to the building coverage for an accessory ~ structure (1,000 q. ft. maximum, 1,562 sq. ft. requested) for the ~ construction of a 832 sq. ft. garage at 428 E. Alder St. located in the RB, Two-Famil Residential Dist. and the Bluffland/Shoreland Dist., Douglas Vollmer, pplicant. f. Case No. SUB/91-2 - A Major Subdivision of a 29.5 acre parcel into two outlots an flve evelopable lots ranging in size from 25,180 sq. ft. to 44,600 sq. ft ocated off Eagle Ridge Tr. in the RA, Single-Family Residential Dist., Tim Nolde, Applicant. g. Case No. V/91-26 A Variance to the Sign Ordinance for the placement of a twenty sq. f . monument sign, eight ft. from the property line located at 1672 S . Greeley St. in the BP-C, Business Pk. Comm. Dist., larry Axdahl & Sh ldon Pearson, Applicants. h. Case No. SUP/91-2 - A Special Use Permit for a guest house inn with three rooms an 1 door/outdoor pUblic dining located at 114 E. Chestnut St. (the Brunswic House) in the CBD, Central Bus. Dist., Duane & Martha Hubbs, App icants. i. Case No. V/91-28 A Variance to the rearyard and sideyard setback requirements (fiv ft. rearyard & sideyard required, two ft. rearyard & sideyard requeste ) for the construction of a 442 sq. ft. garage at 808 So. Third St. loc ted in the RB, Two-Family Residential Dist., Daniel St. Claire, Appli ant. j. Case No. SUP/90-1 - A Special Use Permit Review for a permit to con uct sma gro p tours, small business meetings & small weddings (40 people maximum) a the William Sauntry Bed & Breakfast located at 626 No. Fourth St. in the RB, Two-Family Residential Dist., Duane & Martha Hubbs, Applicants. e 2 'A" '" COUNCIL REQUEST ITEMS ~ STAFF REPORTS (Continued) COMMUNICATIONS/REQUESTS 1. C. J. Kabis, request to serve on the Stillwater Charter Commission. 2. Susan Howard, Sec-Tres. of Fairview Cemetery Ass1n., concern regarding deteriorating sidewalk on Orleans & Osgood. 3. Fr. John Szarke, Church of St. Michael, rquest to erect a 14 ft. decorative pole with a flood fixture to light steeple on public R-O-W. 4. NSP - Hearings regarding Electric Rate Increase. 5. Kristi Haselman, lMC - Settlement of Luhrs Claim. 6. letter from lower St. Croix Management Commission regarding objection to placement of uNo Wake Zone Buoysll. . . QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT e e 3 , e STIllWATER CITY COUNCIL MINUTES REGULAR MEETING May 7, 1991 4:30 P.M. The Meeting was ca 11 ed to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Absent: Councilmember Farrell Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Consulting Engineer Moore Comm. Dev. Director Russell Parks Supervisor Thompson Public Works Director Junker Public Safety Director Mawhorter Ass't. Fire Chief Stevensen Building Official Zepper City Clerk Johnson Press: Julie Kink, The Courier e Mike Marsnik, Stillwater Gazette Others: None STAFF REPORTS 1. Finance Director - Reapportionment of Assessments - Outlot V, Oak Glen 13th Add. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the reapportionment of Special Assessments for Outlot V, Oak Glen 13th Addition. (Resolution No. 91-75) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Reapportionment of Assessments - Outlot X, Oak Glen 11th Add. Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the reapportionment of Special Assessments for Outlot X, Oak Glen 11th Addition. (Resolution No. 91-76) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Public Safety Director - JOlnt Agreements for law Enforcement Personnel & Equipment; & Narcotics e 1 , Stillwater City Council Minutes Regular Meeting May 7, 1991 e Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolut on approving the Joint & Cooperative Agreement for Use of law Enforcement Pers nnel & Equipment; and Washington County Coordinated Narcotics Joint Powers greement. (Resolution No. 91-77) Ayes - Councilmembers B dlovick, Funke, Opheim and Mayor Abrahamson. Nays - None lISlow - Children Pl yingll Sign, Walnut Creek Dr. Motion by Councllmember Bodlovick, seconde by Councilmember Funke to approve the request for a IISlow - Children at Playll sign to be placed at the entrance of Walnut Creek Dr: at eal Ave. (All in favor). present Staff 3. Public Works Direct Motion oy CounCl me I er unke, seconded by Counci 1 member Opheim to approve the request to construct a erm and place approximately one dozen 12 ft. pine trees at the old dump site on Myrtle St. in order to provide a noise Shield All for the ballfield. (All in favor). ~ additional 100 to 140 contractor on a price. a new gas Brad Kress request 0 purchase City Property on Boom Rd. Motion y CounCl member Ophelm, seconde by Councilmember Funke to approve the sale of City property adjacent to 2302 Boom Rd. to Mr. Kress for title purposes; and authorize the City Attorney to determine costs. (All in favor). 4. Community Development Director - No report. 5. Employment of Scott chmidt as Ass1t. Recreational Facilities Mgr. 2 e e e e I> Stillwater City Council Minutes Regular Meeting May 7, 1991 Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt tne appropri ate reso 1 uti on employing Scott Schmidt as Ass It. Recreati ona 1 Facilities Manager. (Resolution No. 91-78) Ayes - Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Nays - None Discussion followed regarding part-time salaries for all departments. Mr. Kriesel will review this item with Cy Smythe from labor Relations Associates and report to Council on May 14. 6. Consulting Engineer - Highlands of Stillwater, l.I. 273; and Curve Crest Blvd., l.I. 271 Mr. Moore distributed the report for the Highlands of Stillwater project which will be discussed at the evening meeting. He also briefly discussed the Curve Crest Blvd. project and reviewed the Oak Glen 12th Addition recommendations. 7. Building Official - Discussion of Obtaining Intern for Building Dept. Mr. Zepper has had communication with a representative of the Community College for placement of an intern in the Building Dept. He requested permission to follow through on this request. This person would be obtained at no cost to the City or possibly minimum wage. Council concurred with the request. 8. Fire Department - Fire Department Relief Association Jim Stevensen, Ass't. Fire Chief, presented the Financial Report for the Relief Association and requested Council approval to raise the pension level to $2,200 per year of active service for members of the association. Extensive Council discussion followed. Council received the report, but declined to approve the raise, and recommended that the level remain at $2,000. It was noted that the Association may raise the level without Council approval and the City would not be liable should financial problems arise. 9. City Attorney - No report. 10. City Clerk - Claim Against the City - Chestnut St. between Main & Union Streets Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to forward the claim, for Stella Casanova, for a fall on Chestnut St. between Main and Union Streets to the insurance company. (All in favor). 3 .. Stillwater City Council Minutes Regular Meeting May 7, 1991 e Employment of Lifeg ards for Summer at lily lake Motion y CounCllmem er Ophelm, seconde y Councllmember Funke to adopt the appropri ate resol uti on emp 1 oyi ng the foll owing Lifeguards and Substitute Lifeguards at lily lake for the summer months. (Resolution No. 91-74) Julie Marchetti 6.50/hr. May 7, 1991 Head Lifeguard, lily lk. Aimee Nyberg S.25/hr. May 7, 1991 Substitute Lifegua B ri a Haml in S.25/hr. May 7, 1991 Substitute lifegua Denise Cardinal 5.2S/hr. t~ay 7, 1991 Li feguard Shareen Mann 5.25/hr. May 7, 1991 Li feguard Sarah Hamilton 5.00/hr. May 7, 1991 lifeguard e t~ichele Morrison 5.00/hr. ~4ay 7, 1991 lifeguard Brent Bielenberg S. OO/hr. May 7, 1991 Substitute lifeguard Ayes - Council members Funke, Opheim and Mayor Abrahamson. Nays - None 11. City Coordinator Special Meeting - Ma 14, 1991 Councl concurre wlth t e Clty Coordinator1s request to hold a workshop on Tuesday, May 14 at 4:30 P.M. in the City Hall Counci 1 Chambers to discuss Fire Contrac s and other items. 4 e I e Stillwater City Council Minutes Regular Meeting May 7, 1991 RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Funke to recess the meeting at 5:50 P.M. (All in favor). MAYOR ATTEST: CITY CLERK No. 91-74 No. 91-75 No. 91-76 No. 91-77 No. 91-78 e e 5 . .' e e e ). RECESSED MEETING STIllWATER CITY COUNCIL MINUTES May 7, 1991 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Funke, Opheim and Mayor Abrahamson. Absent: Farrell Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Comm. Dev. Director Russell Planning Comm. Chair. Fontaine City Clerk Johnson Julie Kink, The Courier Mike Marsnik, Stillwater Gazette Press: Others: Greg lindow, Bob Marois, Gene Bealka, John Evans, les Park, Cory Kissling, Steve Fiterman, Tom lillesvie, George Thole, Ri chard Kilty. APPROVAL OF MINUTES - Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve the minutes of the meetings of April 9, April 16, April 23, and April 30, 1991 as presented. (All in favor). INDIVIDUALS, DELEGATIONS AND COMMENDATIONS 1. Commendation for George Thole, Head Coach of Stillwater Ponies Football Team. A Certificate of Appreciation was presented to George Thole, Stillwater Ponies Football Coach, for his outstanding coaching of the Ponies Football Team. 2. David Rochlin - Request to sell Glow Necklaces in lowell Pk. on July 4. Council referred David Rochlin, wno wishes to sell glow necklaces in lowell Park on July 4, to the Parks & Recreation Commission. 3. lily lake Weed Control Gene Bealka presented a petition from the homeowners on lily lake for the cuttin!:} of weeds in the lake again this year witil a request for payment for thi s servi ce to be made by the Ci ty. John Evans, who has the equipment and cut the weeds in previous years, was present to explain the operation and stated the approximate cost would be $3,300. 1 ,( *' Stillwater City Council Minutes May 7, 1991 Recessed Meeting e Steve Russell, who lives on the lake, stated property taxes for residents 1 i vi ng on the 1 ake are hi gh and some of the probl ems are caused by run-off from areas such as parking lots which are used by all residents who should share in the costs. Council will review the request and report to Mr. Bealka. les Park, a residen on McKusick lake, stated that lake also needs to have weeds harvested, because of extensive growth. PUBLIC HEARINGS 1. Ttlis is the day and time for the Public Hearing to consider a Variance to the lot size require ents for a minor subdivision of a 3,528 square foot lot parcel into two parcels of 896 square feet and 2,688 square feet at 208 South Main Stree in the CBD, Central Business District. Arlen Rivard, Applicant. Case No. V/SUB/9l-8 Notice of the h aring was published in The Courier on April 25, 1991 and mailed to affect d property owners. Mr. Russell explaine the request to subdivide a lot into two lots which alreaQy have structu es on them. A condition of approval would be that individual services e provided to the new lot. Mr. Fontaine stated the Planning Commission pproved the request. f-1ayor Abrahamson closed the public hearing. Motion by Councilmember pheim, seconded by Councilmember Funke to approve a Variance to the lot size requirements for a minor subdivision of a 3,528 square foot lot parcel i to two parcels of 896 square feet and 2,688 square feet at 208 South Main S reet in the CBD, Central Business District, as conditioned, Arlen Rivar , Applicant. Case No. V/SUB/91-8. (All in favor). 2. This is the day and ime for the Public Hearing to consider a Special Use Permit for the place ent of a twenty-four by fourteen foot CT scanner modular unit on the est side of lakeview Memorial Hospital (emergency entrance). The hospi al is located at 919 West Anderson Street in the RA, Single Family Reside tial District. Cory Kissling, Applicant. Case No. SUP/91-13. Notice of the h aring was published in The Courier on April 25, 1991 and mailed to affect d property owners. e Mr. Russell stated t is request is to erect a modular unit on the west side of lakeview Mem rial Hospital to house a CT scanner. The unit would be painted to match he hospital and will be screened. Mr. Fontaine stated the Planning ommission approved the request and that it is an improvement. Mr. Ki sling was present to answer any questions and further 2 e ~ .. e e e Stillwater City Council Minutes May 7, 1991 Recessed Meeting stated he has met with the neighbors to consider their concerns. Mayor Abrahamson closed the public hearing. Motion by Councilmember Funke, seconded by Councilmember Opheim to approve a Special Use Permit for the placement of a twenty-four by fourteen foot CT scanner modular unit on the west side of lakeview Memorial Hospital (emergency entrance), located at 919 West Anderson Street in the RA, Single Family Residential District. Cory Kissling, Applicant. Case No. SUP/9l-13. (All in favor). 3. This is the day and time for the Public Hearing to consider a Variance to the front yard setback requi rements (thi rty feet requi red, twenty-si x feet proposed) for the construction of a garage/living space addition and a Variance to lot coverage for all accessory structures (1,000 square feet required, 1,183 requested). The property is located at 1019 North Second Street in the RB, Two Family Residential District. Joseph Samuelson III, Applicant. Case No. V/91-14. Notice of the hearing was published in The Courier on April 25, 1991 and mailed to affected property owners. The request to construct an attached garage to an existing single-family structure was presented by Mr. Russell. The rear garage would be converted to an art studio. Mr. Fontaine explained that the Planning Commission approved the request as there are other buildings in that area that are closer to the property line and no complaints were received. Mr. Samuelson was present to answer any questions. Mayor Abrahamson closed the public hearing. Council discussion included the concern that no hardship appears to be present. Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve a Variance to the front yard setback requirements (thirty feet required, twenty-six feet proposed) for the construction ofa garage/living space addition and a Variance to lot coverage for all accessory structures (1,000 square feet required, 1,183 requested), located at 1019 North Second Street in the RB, Two Family Residential District, as conditioned. Joseph Samuelson III, Applicant. Case No. V/9l-14. (Ayes - 4; Nays - 1, Councilmember Farrell). 4. This is the day and time for the Public Hearing to consider a Special Use Permit for a miniature golf course at 204 North Main Street in the CBD, Central Business District. Todd and Laura Shely, Applicants. Case No. SUP/9l-1S. Notice of the hearing was published in The Courier on April 25, 1991 and mailed to affected property owners. 3 ~ ~ Stillwater City Council inutes May 7, 1991 Recessed Meeting e Mr. Russell reported that the applicant has presented a request to withdraw the application. Motion by Councilmember pheim, seconded by Council member Bodlovick to accept the request for withdraw 1 of consideration of a Special Use Permit for a miniature golf course at 204 North Main Street in the CBD, Central Business District, Todd and laura Shely, Applicants. Case No. SUP/9l-15. (All in favor). Reapportionment of S ecial Assessments for Outlot M, Oak Glen 11th Addltlon. Motion by Councilmember unke, seconded by Councilmember Farrell to adopt the appropriate resolution r apportioning Special Assessments for Outlot M, Oak Glen 11th Addition. (Re olution No. 91-79). or 13 lot Single-Family Subdivison located in Oak Glen 11th Ad ltlon, Davld JOhnson, Ap llcant. un e, seconded by Councllmember Farrell to approve ot Single-Family Subdivision located in the Oak Glen h Addition, David Johnson, Applicant. (All in Ayes - Councilmembers Bo lovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Review of Feasibilit Report on Improvements for Highlands of Stillwater, l.I. 2 3. Mr. Moore stated the applicant will phase the development. This portion of it will occur in he southwest corner of the total subdivision and will include 32 lots. He further explained construction of the utilities. The estimated cost is $4 3,780. Discussion followed which included construction of Orle ns St. adjacent to the proposed park and who will pay the costs. Council irected the Engineer to divide the cost of the park to the lots of the t tal project. Motion by Councilmember odlovick, seconded by Councilmember Farrell to adopt the appropriate resoluti n accepting the Feasibility Report and ordering the Improvement Hearing for .1. 273, Highlands of Stillwater, for May 21, 1991. (Resolution No. 91-80) e Ayes - Councilmembers So lovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 3. Review of Feasibilit Report on 1m rovement for Curve Crest Blvd., l.I. 2 1. 4 e Stillwater City Council Minutes May 7, 1991 Recessed Meeting e Mr. Moore explained this project is an extension of Curve Crest Blvd. to the west from Washington Ave. The storm sewer was constructed last winter. This project would also benefit the property south of Curve Crest Blvd. and the street must be completed to County Road 5 in order to obtain State Aid. The total approximate cost is $415,970. Motion by Councilmember Opheim, seconded by Councilmember Funke to adopt the appropriate resolution ordering the Feasibility Report, accepting the Feasibility Report and ordering the Improvement Hearing for l.I. 271, Curve Crest Blvd., for May 21, 1991. (Resolution No. 91-81) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Council recessed for ten minutes and reconvened at 8:45 P.M. 4. Consideration of Review Criteria for Development of Vacant lots on Unimproved Road Right-of-Ways. Mr. Russell stated he has discussed this issue with various departments of the City and explained the conditions. Richard Kilty, 118 W. Oak St., stated the City should not vacate half a street, but should vacate the whole street when the need arises. Council discussed this recommendation further and suggested it be added to the list of conditions. e Motion by Councilmember Bodlovick, seconded by Councilmember Funke to adopt the appropriate resolution approving the criteria for development of driveway access on unimproved road right-of-ways and making the appropriate change to the Zoning Ordinance. (Resolution No. 91-86) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 5. Changes to Plans and Specifications for Downtown Improvements. Mr. Russell explained the proposed modifications to the Downtown Plan which included Storm Water Stubs, Fire Service Stubs, Water Street Trash Area (Mr. Russell will check further on this item for solution to problems), Parking lot Drainage (Mr. Moore will research this further), Two-Hour Parking Signage, Plans for lowell In North Main Parking lots (this item will be discussed later), Bench and Trash Receptacles (Mr. Russell will research this further) and Parking Regulations (this item will also be discussed at a later date). Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the changes and additions to the Downtown Improvement Plan as discussed by Council and Staff. (A 11 in favor). e 6. Authorization to make payment for acquisition of land for Armory. 5 t Stillwater City Council Minutes May 7, 1991 Recessed Meeting e City Attorney Magnu on stated the soil tests were negative and other aspects of the agre ment are in order. Motion by Councilmember odlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the purchase of property for construction of the new Armory and C mmunity Center. (Resolution No. 91-82) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 2. Recycling Grant Distribution Agreement. the agreement etween Washlngton County and the City distribution of curbside recycling grant funds, and the City of Oak Park Heights and Stillwater. e Motion by Councilmember odlovick, seconded by Council member Farrell to adopt the appropriate resoluti n approving the 1991 Memorandum of Agreement and Curbside Recycling Grant Distribution and authorizing the Mayor and Clerk to sign. (Resolution No. 91-84) Ayes - Councilmembers Bo Nays - None Farrell, Funke, Opheim and Mayor Abrahamson. Moti on by Counci 1 member arrell, seconded by Council member Funke to adopt the appropriate resoluti n approving the continuance of the Recycling Agreement with Goodwill ndustries. (Resolution No. 91-85) Ayes - Councilmembers Bo lovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None Council requested a otice be put in the City newsletter to alert residents as to what kinds of items Goodwill will take. 1990 Rivertown Trolley Appllcant, Case No. SUP 9-26. 3. 6 e , e Stillwater City Council Minutes May 7, 1991 Recessed Meeting Motion by Councilmember Farrell, seconded by Councilmember Bodlovick, to approve the annual Special Use Permit for Rivertown Trolley, as conditioned. (All in favor). 4. Review of Proposal for Summer Shuttle Bus Service to the Downtown. Mr. Russell explained the proposal received for Downtown shuttle service during the construction period to help alleviate traffic and parking probl ems. He noted that thi s could be funded through Tax Increment Funding. The vehicle will be inspected and insurance provided by the owner. The Council requested a report on ridership be presented after the service is up and running. Motion by Councilmember Funke, seconded by Councilmember Farrell to adopt the appropriate resolution approving the proposal for Shuttle Bus service to the Downtown Area during the construction project at a cost of $29,484 for the months of June through August, 1991. (Resolution No. 91-87) Ayes - Councilmembers Farrell, Funke, Opheim and Mayor Abrahamson. Nays - Councilmember Bodlovick e 5. Approval of lease for Burlington Northern Railroad land. Mr. Russell discussed the lease pertaining to the railroad property with tile Council. He added that the rail road tracks can be removed and the area used for parking. Moti on by Counci 1 member Farrell, seconded by Council member Opheim to adopt the appropriate resolution approving the lease for the Burlington Northern Railroad property at a cost of $S,lOO/year. (Resolution No. 91-83) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None 6. Request from Chamber of Commerce for use of lowell Park on June 8 - 9, 1991 for the 2nd Annual "Taste of the Valleyll. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the use of lowel' Park on June 8 and 9, 1991 for Taste of the Valley, if approved by the Parks Dept., and also a Permit to Consume for said event. (All in favor). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilnrember Farrell to approve the Consent Agenda of May 7, 1991, including the following: (All in favor ). 1. Directing Payment of Bills. (Resolution No. 91-72) Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson. Nays - None e 7 Stillwater City Council Minutes May 7, 1991 Recessed Meeting \ e 2. The following Contr ctors licenses and Cigarette license. CONTRACTORS General Contractor A-Best Remodeling, Inc. 1203 No. Owens St. Stillwater, Mn. 55082 Able Fence, Inc. 114 E. Acker St. St. Paul, Mn. 55117 Advance Concrete & Maso ry 5500 Douglas Dr., #303 Crystal, Mn. 55429 All Remodel ing 365 E. Curtice St. Paul, Mn. 55107 Aronson Construction 1403 So. 6th St. Stillwater, Mn. 55082 Bruggeman Construction o. 3564 Rolling View Dr. White Bear lake, Mn. 5 110 Cates Construction 860 W. Sycalnore St. Stillwater, Mn. 55082 Croixland Excavating 10003 Mendel Rd. No. Stillwater, Mn. 55082 E. & H. Repair Co. 6 Birch lane landfall, Mn. 55128 Exterior Design Studio 3508 Rice St. No. St. Paul, Mn. 55126 Grupa-Williams, Inc. P.O. Box 333 Elk River, Mn. 55330 Fenci ng Masonry & Brick Work General Contractor Masonry & Brick Work General Contractor General Contractor Excavators Masonry & Brick Work General Contractor General Contractor 8 New New Ne\"l Rene\"la 1 New Renewal e Rene\va 1 Renewal New Ne\v New e . I e Stillwater City Council Minutes May 7, 1991 Recessed Meeting Knutson Construction Co. 5301 E. River Rd., Suite 101 Minneapolis, Mn. 55421 Kraftsman Builders 5040 lake Elmo Ave. No. Stillwater, Mn. 55082 laCasse Construction 313 W. Churchill St. Stillwater, Mn. 55082 Mariah Remodeling 721 No. Third St. Stillwater, Mn. 55082 Old Home Restorations 206 So. Fifth St. Stillwater, Mn. 55082 e Parent Painting 702 No. Martha St. Stillwater, Mn. 55082 Peterson Contractors 1919 W. Pine St. Stillwater, Mn. 55082 Scandinavian Viking Const. 2718 lake Shore Ave. little Canada, Mn. 55112 Shield Fire Protection, Inc. 84 N.E. 14th Ave. Minneapolis, Mn. 55413 Geo. Siegfried Canst. Co. 11223 32nd St. No. lake Elmo, Mn. 55042 Still H20, Inc. 1167 Parkwood lane No. Stillwater, Mn. 55082 e General Contractor General Contractor Masonry & Brick Work General Contractor General Contractor Painting General Contractor General Contractor New ReneVia 1 Renewa 1 Renewal New New Renewal NeVi Fire Protection Systems New General Contractors Septic & Sewer Work 9 Renewa 1 Rene\'la 1 , . Stillwater City Council Minutes May 7, 1991 Recessed Meeting e Phil Tetrault 8324 165th Ave. Forest lake, Mn. 55025 General Contractor New Tower Asphalt, Inc. P.O. Box 15001 lakeland, Mn. 55043 Asphalt/Concrete Paving Renewal Trudeau Construction, I c. 1954 Iglehart Ave. St. Paul, Mn. 55104 General Contractor New Valley-Rich Co., Inc. 16540 Beverly Dr. Eden Prairie 55347 Excava tors Renewal Bill Weigel Signs, Etc. 470 Koehler Rd. Vadnais Heights, Mn. Mark Willis Const. Asso . 10684 lansing Ave. No. Stillwater, Mn. 55082 Sign Erection New General Contractor Renewa 1 e Gary Carl son CIGARETTE lICENSE River Oasis Cafe New 806 So. Main St. Stillwater, Mn. 55082 3. Submission of Claim to Insurance Co. for damage to property at 424 No. 4th St. from extenslve ewer excavation. to 4. COUNCIL REQUEST ITEMS Discussion of Const uction of Downtown Parking lots Councl member Fun e lnltlate lSCUSSlon an Mr. Moore explained the proposed plans for onstruction of parking lots in the Downtown Area. Tne lots discussed were at Mulberry and No. Second St.; adjacent to the lowell Inn on No. Second S .; MnDOT Building on No. Main St.; and area west of and adjacent to Mulberry Pt. Council will review the Mulberry and Second St. lot further at future date. 10 e e e e . , Stillwater City Council Minutes May 7, 1991 Recessed Meeting Motion by Councilmember Funke, seconded by Councilmember Bodlovick to direct Consulting Engineer Moore to add construction of the parking lots on the City portion of the lowell Inn loti Riverview Commons; North Main St. lot on the Mn/DOT site; and Mulberry Park/Glacier Park lot to the Downtown Plan as discussed by Staff. (All in favor). Discussion of Standard Station on No. Main St. Council discussed removal of this building and the need for soil testing. Mr. Moore noted that petroleum products may be in the soi 1 and a pl an should be submitted to Pollution Control. The City may be able to apply for funds for removal of any contamination. Assessments - Downtown Plan, l.I. 257 Counci 1 member Opheim asked for cl arificati on regardi ng the letters received regarding opposition to assessments for this project, specifically Linda Amrein. City Attorney Magnuson is working with these people regarding their objections. STAFF REPORTS (continued) lower St. Croix Manage. Comm. Meeting - May 14, 1991 Mr. Kriesel advised Council of the meeting of this group to discuss Stillwater's request for IIno-wake" buoys on the St. Croix River. . . COMMUNICATIONS/FYI 1. linda Amrein - Concerns regarding property assessment included in L.I. 257. Council took note of this letter. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 10:25 P.M. (All in favor). MAYOR ATTEST: CITY CLERK 11 Stillwater City Council Minutes May 7, 1991 Recessed Meeting Resolutions: No. 91-72 - Directing P yment of Bills. No. 91-73 - Honoring Stillwater Ponies Football Coach, George Thole. No. 91-79 - Reapportion ent of Assessments, Outlot "MII, Oak Glen 11th Add. No. 91-80 - Accept Feaslbility Report & Order Public Hearing for l.I. 273, Highlands 0 Stillwater. No. 91-81 - Order Feasi ility Report, Accept Feasibility Report & Order Public Hearing for l.I. 271, Curve Crest Blvd. No. 91-82 - Approve Pur hase of land for Armory. No. 91-83 - Approve lea e for B.N. Railroad land. No. 91-84 - Approved Cu bside Recycling Grant Agreement. No. 91-85 - Approved co tinuance of Goodwill Recycling Agreement. No. 91-86 - Approval of Criteria for use of Street R-O-W for Driveway Access. No. 91-87 - Approval of Shuttle Bus Service during Downtown Construction. \ 12 , . e - e City O~ g HQQwateft, uU intlesota Ce'lH~icate O~ u4:pplteCiaHotl pltegented to FREDRICK UTOM" LAMMERS It BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, that for faithful service to the City as a member of the stillwater Park and Recreation Commission and Charter Commission, Fredrick "Tom" Lammers be, and he is hereby posthumously commended; that recognition be given to the fact that for the period of time he was a member of the Stillwater Park and Recreation Commission and Charter Commission the said Fredrick "Tom" Lammers served the City faithfully, efficiently and courteously. BE IT FURTHER RESOLVED, the City Clerk be, and she is hereby authorized and directed to spread this resolution upon the official record of proceedings of the Council and to deliver a certified copy thereof to the family of Fredrick "Tom" Lammers. e uUayoll @ e DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF f) THE BIRTHPLACE OF MINNESOTA GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE POLICE BI-WEEKLY UPDATE DATE: May 16, 1991 TO: Mayor and Council Via Nile Kriesel, City Coordinator FORM: David Mawhorter, Public Safety Director **.~****************************************************************** In an attempt to keep the council better informed of the actlvitles ,:,f the Pc.lice Depa1"~tmel'"lt, I will be submittil'"lg a bi-weekly reoc'1"~t at each council meeting. The purpose of the report is to advise you of the activities of the past two weeks and any planned activitlss for the next two weeks. I sincerely hope that this will aid you and prove to be a benefit to all of us. If you have any suggestlons or iceas regarding the bi-weekly report, please let me know. e .QS;t!s.B8b All officers qualified with their side arms and the shot gun on May 8. Sgt. Dauffenbach and Officer Sievert conducted the range qualification. One part time officer (Joanne Sellner) was unable to make the qualification time, she was rescheduled. All officers qualified on their first attempt except Officer Ulrich who had a sore toe and had trouble kneeling down. He made it on his second try. The Invisible Empire, Knights of the Ku Klux Klan must have a chapter somewhere in the Stillwater area. Flyers (attached) were passed out in South St. Paul with the address of Box 73, Stillwater on them. We are trying to find out whether this is in Stillwater or not. We haven't had much luck with the post office yet though. This weekend will be the spring river town arts festival in Lowell Park. It should be a soggy one. We will have one part time officer and the explored scouts there as in the past. Several advisors will be there alsc.. e8nmb. We respcq"",ded to 430 calls il""l the last two week pe1"~iod. The activity ~ is dramatically picking I.lp in the dowY".towY"s. We have had two felol'"IY ~assaults and a guy with a shot gun in the downtown area in the last two weekends. I have talked with the Mayor about putting a foot 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 n 2091 o..k STW.l c:... Dh^..... e:1"_A':lQ_e:1"n patrolman, or two, in of the problems rather I will be back to you 0 t e downtown this summer to try to solve some han just respond to the calls as in the past. this later. e During the past two wee s patrol has used 84.5 hours of sick time and 188.5 hours of vacation time. Patrol officers earned 50.25 hours of compo and used 80 hours of compo We used 116.5 hours of part time officer time also. Scheduled training for the rest of the month is as follows: May 21,22 Sgts. Bell and Klosowsky ar9 attending Dignitary Security Special Olympics, in St. Paul. There is no cost for this one. May 23,24 Capt. Begerg and Sgt. Bell will be attending Managing a Small Police Dept. This costs $40 each and is held in Anoka. ~ay 30 My self and my conmand staff will be attending 4hr. loss CC'l'",t'r~':11 wO'r~j.,t.shop i1"1 St. ';O\ul. 1i::!~s~II!28IIQt!2 anlped. 1)'"1 the last wee~., the depai"~tment gave out 4 reports, and handled 42 wal~ up are looking at training the explorer scouts some dispatching and enter seme in the er work load some. ~::::CORDS --p.----- Margie continues to be 5 received 341 phone calls requests for service. to answer the phones, computer so we can ease 15 property related to the juvenile officer. to patrol and will be do replacing him at a futur 5, 2 assal~lts and a drug case ~ere Incidentally, he has requested to "ng so as SOO!'"I as schoo:,l is out. I date, befor9 the next school year assi::J1":ed go back will be begins. e The adult investigator w property cases, 5 theft one non-felony assault. All this is in addition 1 clad) . s assigned and is investigating ~ damage to ases, 1 burglary case, 3 felony assaults and He also received 14 new bad check cases. o his current (mor9 than two week old case ~Q~~~~II~_~s8~I~s The eso did follow up in estigations on animal bites, one of which was a rabid cat and the who were bit had to get shots. The other 3 were dog bit e50 issued 2 notices of potentially dangerous an"mals, one which will have to register the animal with the County a a dangerous dog. 4 follow up investigatiors on dog complaints taken by patrol were followed up on. We trap. ed one cat one woodchuck and 9 raccoons during the first two weeks of May. Among other things, the SO unlocked 3 cars, issued 9 residential parking summons by the s hool, issued 6 general parking summons in the city, dispatched for 22 hours picked up the city sewer stubs and took the city bank deposits. e 28B~I~~LQQ~~IQ~~ e The parking control officer issued 114 $5.00 parking summons, 4 warning summons, and walked 89.4 miles during the first two weeks of May. In the first two weeks of May, the department received 21 complaints about the downtown parking. Most of the complaints were about the brick alley parking lot regarding the lack of adequate signs. A couple of complaints were that 2 hours was not enough time and one person complained that he/she got a ticket at 5:56 P.M. when the parking regulations stop at 6:00 P.M. One person also complained that he/sMe got mora than one ticket in a day when he/she left their car parked all day without " . . mOV1Yrg l~. e e I. There is a lot of talk these days about Black pride, Jewish pride, Hispanic pride -even "gay" pride. In fact, ~here is only one major segment of the population hich is not encouraged to take pride in its heritage and in the achievements of its ancestors. That group is the White r ceo PROUD , . e WHITE The lack of White pride is truly a sad nd strange thing, because no group has more to be rightfully proud cr:.'1an :~he \vl1ite peopie of the world. The glories an . greatness that the men and women of our Race have won over the centuries should serve as a source of eternal pride d inspiration to White people everywhere. Since the dawn of history, we have been a mighty Race of builders, explorers, artists, warriors. inventors, philosophers and cultivators. \Ve have sailed the seas, tamed vast ocean and into the cold void of outer space. made the deserts bloom. Oldernesses, scaled towering mountains and journeyed to the depths of the e have built great civilizations, created breathtaking works ofbeaut"f and The technological achievements of our people, from the megalithic calender of Stonehenge to the moon-walk cfthe Apollo astronauts, are unequaled. \Ve have cievised sublime philosophies, conquered deadly diseases and performed soul-sturring acts ofheroisr:l and self-sac:-ifice. Weare the Race of Shakespeare, Leon . 0 cia Vmci, Beethoven and Homer. We are the sons and daughters of Lief Ericson, Christopher Columbus, Sir Fran s Drake and Magellan. We are the folk of Alexander, Ceasar, NapOleon. Wushing-ton and Robert E. Lae. We are the decendents of Pyt.'1agoras, Galileo, Copernicus, Newton and D8I"vin. Noone has more to be proud of than we do! e Just ~o list the great accomplishment of our Race would require the work of a lifetime. In order for an individual to be psycho gical1y healthy, he or she must have a clear-cut sense of identity and. seif- worth. And for our Race as a whole to be song and healt.'1y, White people everywhere must develop a sense cf:-ac.:.::ll identity and rucial wonh. There is no bette way to attain this very necessary level ofra~~ awareness than in naving pride in your people and their accomplishm nts. There are thousands of organizations orking lor the imerests of non-whites. How many groups stand up for :he cultural values and ideals at the White Maj rity? Not many; as a result we are facad with reverse disc:imination in iobs. promotions. and sc.~olarships - busing r forced intergration - high taxes for minority welfare - a high rate of bru'taJ crime. gun~ntroi - anti-White movies and programs - in si1ort. a society oriented to the wishes at minorities. We of the Ku Klux t<lan are unapologetically com ilted to the interestS. ideas, and cultural values at ttle White Majority. We are determined maintain and enrich our CIJltural ana racial heritage. We are growing f and strong because we have never compromise the truth. l.nvisi&[e :Empire ](,n 9hts 0 f The ](.U ]([ux KLan Rea~m oj 11,tnnesota e .- For Info, Write Northern Star Klavern P.O. Box 73, Stillwater~ l\1N 55082 ',_ "~,,,i.'~ W1;T /6 -:?/ . The 1991 Lumberjack Days Milk Carton Regatta. Will be held on July 20th at 3:00PM at Lily Lake Dock The Park & Rec Board approved this at the last meeting. ~~- /~ f3;dc 5 e e r illwater ~ ----~ ---- ~ THE BIRTHPLACE OF MINNESOTA J lOCAL IMPROVEMENT NO. 271 NOTICE OF IMPROVEMENT HEARING CURVE CREST BOULEVARD FROM WASHINGTON AVENUE TO THE WEST NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater will meet in the Council Chambers of the City Hall at 216 North Fourth Street, in the City, at 7:00 P.M. on Tuesday, May 21, 1991 to consider the making of an improvement pursuant to Minnesota Statute Sections 429.011 to 429.111. The proposed improvement will consist of sanitary sewer, watermain, storm sewer, street construction and appurtenances. 4It The area proposed to be assessed is generally bounded as follows: The southerly 350 ft. of Parcel 1 and the southerly 350 ft. of Parcel 2, both in Outlot A of the Stillwater Industrial Park; together with lot 1, lot 2, lot 3, lot 4 and lot 5 of Block 1 of the Kern Pauley Addition to the Stillwater Industrial Park. The estimated cost of this improvement is $415,970.00. All persons who desire to be heard with reference to the proposed improvement will be heard at this meeting. Ma~Oh~~ Publish: May 9 and May 16, 1991 e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e w. .. +PRIME ~!!a~ May 21, 1991 Mayor Wally Abrahamson City of Stillwater 216 North 4th Street Stillwater, MN 55082 and City Council Members City of Stillwater 216 North 4th Street Stillwater, MN 55082 RE: LOCAL IMPROVEMENT NO. 273 Dear Mayor and Council Members: I apologize for not being able to attend tonight's meeting due to a scheduled conflict. Again, I would like to state my objections to being assessed any improvement costs for the frontage of the park area. We have already paid a park dedication fee for our industrial/business park property. The park is for the proposed development, and improvements therefore should be paid for by the developer and/or city. At this time these improvements are of no benefit to the industrial/business park, therefore making this property more difficult to market. Any assessment to us on the proposed park would be an unfair assessment. I still believe the City Council made a mistake in granting this project, and stand by my January 28, 1991 letter of objections (copy attached). 7:t2~ Neal H. Skinner President NHS:yt cc: James W. Torseth Attachment P.O. Box 17 . Stillwater, MN 55082 · 612-439-0558 I 612-439-7795 L \-. ~PH~~VIt: ;St_~_l; ~ . Incorporated e January 28, lYYl Hayor Hally Abrahamson City of Stillwat~r 216 North 4th Street Stillwater, MN 55082 and City Council Members City of Stillwater Stillwater, NN 55082 RE: GROUND D~VELUpr1ENT PROJECT - CASE IJSUB/90-83 Dear Mayor and Council Members: Pleasc allow mc to restate my objections to the above named property. I spent many hours of tillle on the West Stillwater Business Park Planning Committee to e establish a zoning and land use plan which was adopted by you. This proposal does not meet the Hest Stillwater Park Plan reconunendations, and it will also be the straw that brok!! the camel' B back for any hope of industrial. developlllellt in the Business Park. As stated nt the January 15 meeting: 1. I believe this plan is not compatible with the Stillwater Business Park. 2. Improper fa:reeninp, and buffer zone per Stillwater Business Park Plan (Reference pages 13, 14 and 19 and Maps 6 and 7 in the West. Stillwater Business Park Plan), 3. The proposed plan of assessment for these improvements is totally unacceptable. The project is the benefactor in this case and is e not ne~ded at this time, if this plan is not approved. P.O. Box 17 · Slillwalcr, MN 55082 . 612-439-0558/612-439-7795 .. 4. This development shoul.d include a 100 percent completion of Orleans e Street prior to any building of the project, with no less than 75% of cost assessl'd to the 212 Pl"oposed lots or paid by the developer. 5. Any buyer of I'r illll' Si te \.j L 1 he faced with the possibility of constantly defending itself and its permitted used and zoning if the above project is adopted. If this plan is adopted as submitted on January 15, 1991, I estimate at least three of my lndustrial zoned lots or 7.5 Acres would become totally unmarketable for that use and a total loss of value. Without at least a 300' bermed park arcn ",ith trees, these lots will have limited use and 50 to 75 percent reduction in value. Now before you is a project which affects the future of the Stillwater Business Park, Clnd any plans the city has in encouraging Industrial use e and the jobs they would bring to the community. I again ask you to consider all aspects of this project and what impact it will have on tbe futun! of the Stillwater Business Park and the community. I encourage you to vote NO when this proposal comes before the City Council. Thank you for YOllr consideration on this issue. Please feel free to call me at my office at 439-0558. Sincerely, I . .' ~.' I....j; _ . .4~~.I;;/0Vh-1-1 v~------ Neal H. Skinner President e ....,\ t r illwater '~ ~ - ~ -- -r\. THE BIRTHPLACE OF MINNESOTA J e lOCAL IMPROVEMENT NO. 273 NOTICE OF IMPROVEMENT HEARING HIGHLANDS OF STIllWATER (FORMERLY BENSON FARM PROPERTY) NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater will meet in the Council Chambers of the City Hall at 216 North Fourth Street, in the City, at 7:00 P.M. on Tuesday, May 21, 1991 to consider the making of an improvement pursuant to Minnesota Statute Sections 429.011 to 429.111. The proposed improvement will consist of sanitary sewer, watermain, storm sewer, street construction and appurtenances. ~ The area proposed to be assessed is generally bounded as follows: The north 580 feet of the west 700 feet of the NW 1/4 of the SE 1/4; the north 580 feet of the NE 1/4 of tne SW 1/4 formerly known as a portion of the Benson Property recently annexed to the City of Stillwater and lying north of Orleans St. extended easterly of Washington St.; together with the northerly 700 ft. of lot 2 and lot 1 of Prime Site Subdivision to the Stillwater Industrial Park and the westerly 250 ft. of Parcel 4, Outlot B, Stillwater Industrial Park. The estimated cost of this improvement is $423,781. All persons who desire to be heard with reference to the proposed improvement will be heard at this meeting. Ma~Oh~ Publish: May 9 and May 16, 1991 e CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 " e ~SeJ ENC/NEERS. ARCHITECTS. PLANNERS 3535 VADNAIS CENTER DRIVE, $I PAUL, MINNESOTA 55110 612 490-2000 May 16, 1991 Re: stillwater, Minnesota Highlands of stillwater Revised Mock Assessment Roll L. I. 273 SEH File No: 91233 Honorable Mayor and city council city of stillwater 216 North Fourth street Stillwater, Minnesota e Attached is a copy of the "Revised Mock Assessment Roll" and "method of determining assessments" for the above referenced project. The developers of Highlands of stillwater have requested that their costs for the proposed West Orleans Drive be spread over Phase 1 and future Phases 2 and 3. When the balance of West Orleans Drive is constructed, they will distribute those project costs over the remaining three phases (Phases 4, Sand 6). This method of assessing more evenly balances the per lot assessment rate for each phase, rather then hitting one or two phases harder. We will discuss this with the Council at the May 21 Public Hearing. ~:rt~:p J- Barry C. Peters, P.E. BCP/bcp Attachments e SHORT ELLIOTT HENDRICKSON INC. Sf PAUL, MINNESOTA CHIPPEWA FALLS, WISCONSIN ~ ~ ~ u. u. ~~~ ~ ~ 8~5 ~ ~ ~ ~-\ '8 ~~ t ~ (/)ill ~ 4- :1 :::> ~~~ ~ .... \ 3: ~ a:a:~ 2 ~ 'Z~ '"' Ul'" ':i '" (j) ::i~ ~ ~ u. (/)'" ~ ",,,,J.~\\ o (/). ~ ~ \~ ~ ~ J~~\III :.t. z~ I;! ~ ~ ~~ ~~18 ~ ~\~u:.'" 0.. % 0..0-Q..r-"""'''''' ~ a %~~ U1 00- ~ 111 --.,... 3:o..':i ..I \ e e e STILLWATER,MINNESOTA HIGHLANDS OF STILLWATER PHASE 1 SEH FILE NO. 91233 " W. ORLEANS DR. HIGHLANDS OF STILLWATER SANITARY SAN. SEWER WATER SANITARY SAN. SEWER WATER STORM SEWER SERVICE WATERMAIN SERVICE STREET SEWER SERVICE WATERMAIN SERVICE STREET SEWER PER F.F. PER EA. PER F.F. PER EA. PER F.F. PER LOT PER LOT PER LOT PER LOT PER LOT PER ACRE PROJECT COSTS $40,203.00 $1,640.25 $37,018.50 $5,768.55 $74,688.75 $22,457.88 $19,183.50 $20,678.98 $20,073.15 $41.722.04 $61,774.65 ASSESSABLE UNITS TOTAL 997.15 3 997.15 3 997.15 33 33 33 33 33 12.68 HIGHLANDS 557.02 557.02 557.02 33 33 33 33 33 11.70 COMMERCIAL PROPERTY 440.13 3 440.13 3 440.13 0.98 RATE PER UNIT $40.32 $546.75 $37.12 $1,922.85 $74.90 $680.54 $581.32 $626.64 $608.28 $1,264.30 $4,871.82 PROJECT COSTS COMMERCIAL PROPERTY STORM SEWER $3,012.75 $40.32 440.13 $17,745.12 5.89 $3,012.75 546.75 2,774.11 $37.12 440.13 $16,339.52 5.89 $2,774.11 1.922.85 4.871.82 5,597.07 $74.90 440.13 $32,966.71 5.89 $5,597.07 $11,383.93 $4,871.82 $2.469.60 SANITARY SEWER RATE PER FF FRONT FOOTAGE SANITARY SEWER COST ASSESSABLE AREA (AC.) RATE PER ACRE SANITARY SEWER SERVICE WATERMAIN RATE PER FF FRONT FOOTAGE WATER MAIN COST ASSESSABLE AREA (AC.) RATE PER ACRE WATER SERVICE STREET RATE PER FF FRONT FOOTAGE STR EET COST ASSESSABLE AREA (AC.) RATE PER ACRE TOTAL PER ACRE - SAN., WATER & STREET TOTAL PER ACRE - STORM SEWER TOTAL PER SERVICE - SAN. SEW. & WATER STILLWATER, MINNESOTA HIGHLANDS OF STILLWATER PHASE 1 SEH FILE NO. 91233 W. ORLEANS DR. HIGHLANDS OF STILLWATER SANITARY SAN. SEWER WATER SANITARY SAN. SEWER WATER STORM SEWER SERVICE WATERMAIN SERVICE STREET SEWER SERVICE WATERMAIN SERVICE STREET SEWER PER F.F. PER EA. PER F.F. PER EA. PER F.F. PER LOT PER LOT PER LOT PER LOT PER LOT PER ACRE PROJECT COSTS $40,203.00 $1.640.25 $37,018.50 $5,768.55 $74,688.75 $22,457.88 $19,183.50 $20,678.98 $20,073.15 $41,722.04 $61,774.65 ASSESSABLE UNITS TOTAL 997.15 3 997.15 3 997.15 33 33 33 33 33 12.68 HIGHLANDS 557.02 557.02 557.02 33 33 33 33 33 11.70 COMMERCIAL PROPERTY 440.13 3 440.13 3 440.13 0.98 RATE PER UNIT $40.32 $546.75 $37.12 $1,922.85 $74.90 $680.54 $581.32 $626.64 $608.28 $1,264.30 $4,871.82 ORLEANS DR. TOTALS PHASE 1 PHASE 2 PHASE 3 OUTLOT 1 OUTLOT 2 ~ SANITARY SEWER HIGHLANDS OF STILLWATER $54,189.00 W. ORLEANS 22,457.88 7,265.78 $9,247.36 $5,944.73 RATE PER FF $40.32 FRONT FOOTAGE 557.02 TOTAL SANITARY SEWER COSTS $22,457.88 $61,454.78 NO. LOTS 102 33 42 27 RATE PER LOT $220.18 $1,862.27 SANITARY SEWER SERVICE 581.32 WATER MAIN HIGHLANDS OF STILLWATER $37,274.85 W. ORLEANS 20,678.98 6.690.26 8,514.87 5,473.85 RATE PER FF $37.12 FRONT FOOTAGE 557.02 TOTAL WATERMAIN COSTS $20,678.98 $43,965.11 NO. LOTS 102 33 42 27 RATE PER LOT $202.74 1.332.28 WATER SERVICE 608.28 STORM SEWER RATE PER ACRE $4,871.82 ACREAGE IN HIGHLANDS 11.7 TOTAL STORM SEWER COST NO. LOTS 33 RATE PER LOT STREET HIGHLANDS OF STILLWATER $74,688.75 W. ORLEANS 41,722.04 13,498.31 17,179.66 11,044.07 RATE PER FF $74.90 FRONT FOOTAGE 557.02 TOTAL STREET COSTS $41,722.04 $88,187.06 NO. LOTS 102 33 42 27 RATE PER LOT $409.04 2.672.34 TOTAL ASSESSMEMT $34,941.90 $22,462.65 -. TOTAL PER LOT ASSESSMENT $7,056.47 $34,941.90 142 $831.95 $22,462.65/27 $831.95 e e e e ~H~ate~ .HE '"''Pl''' " ."MESO~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSEll, COMMUNITY DEVELOPMENT DIRECTOR ~ DATE: MAY 17, 1991 SUBJECT: MODIFICATION TO SPECIAL USE PERMIT, STILLWATER YACHT CLUB MASTER PLAN, FOR POPEYE'S RESTAURANT lOCATED AT 422 EAST MULBERRY STREET IN THE BlUFFLAND/SHORElAND DISTRICT. ROBERT MAROIS, APPLICANT. Since September of last year, the applicant has been informed of discrepancies between the actual use on the site and the use approved in the Stillwater Yacht Club Master Plan (See letters of September 21, 1990, November 26, 1990, December 12, 1990 and April 5, 1991, attached) and earlier Stillwater Yacht Club approval - Case No. 603. Several areas have been identified as areas where changes of use or activity has occurred since the Stillwater Yacht Club permit and Master Plan was approved. Each area is discussed below. e CHANGE IN ACTIVITY The Stillwater Yacht Club Master Plan (required as condition of the Yacht Club construction of the dry stack storage facility) indicates seating for 121. (See attached Master Plan.) The plans for a variance for the construction of the deck showed seating for 156. (116 inside and 40 on the deck). The current request before the Council shows' a site plan for seating 90 on the deck, 90 in the building and 48 on the patio - total occupancy of 228. This is an expansion of the use from the building and deck to the patio area in front of the nightclub/restaurant. No plans on record show approval for the construction of the serving gazebo. SIGNAGE Signage that was previously on the roof facing the river has been removed. (No signs are allowed in the Bluffland/Shoreland District facing the river.) TRASH RECEPTACLE The Stillwater Yacht Club has previously indicated they will construct a trash enclosure that screens the dumpster from public view. This has not been done although a Yacht Club representative has indicated they will after the first of June. The conditions of approval require the placement and construction as approved by the Community Development Director. e RECOMMENDATION: Approval as conditioned. CITY HALL: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 e e e CONDITIONS OF APPROVAL ~ 1. Maximum occupancy for tne use shall be 90 occupants on deckA 90 within the bui 1 di ng and 42 QR tke fl611t pati-9-. (See attached memo from Publ ic Safety. ~ 2. TRC fY"8F1t-t9atio dl~Q !1'Qlll.luse at lU:,ju P."'!. 3. The use shall meet the requirements of the Noise Ordinance. 4. The awning over the deck shall be regulated by Condition of Approval for Case V/89-33 (attached). 5. A trash enclosure and landscaped screening shall be constructed and planted by the night club/restaurant owner and/or Stillwater Yacht Club to screen trash receptacles as approved by the Community Development Director. The enclosure shall be setback 100 feet from the shoreline in an inconspicuous location.(l:'A.L ~~~4 ,,v~~c.--... h ..e..-11l.<..<~ ~~ 6. The existing roof sign is the approved signage for the use - no additional ~_~ signage, temporary or other, is allowed without required sign permits. __~ 7. 8. The use shall meet all liquor Control Commission rules and regulations. 9. The use shall meet all Department of Natural Resources Bluffland/Shoreland regulations. 10. The Special Use Permit shall be reviewed by the City Council for conformity with the Conditions of Approval in March of 1992. / t. \- @ 6) .. DAVID MAWHORTER ~BLlC SAFETY DIRECTOR POLICE CHIEF GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE TO: Steve Russell, Community Development Director FR: Gordon Seim. Fire Chiex DA: 4-29-91 RE: Popeyes On 4-23-91 we reached an agreement pertaining to xire code violations with Greg Lindow and Bob Marois the owners oX Popeye's. Greg and Bob have agreed to post proper occupancy numbers 90 deck and 90 inside ox building. e We have accepted an opinion xrom Fred Driver the Minnesota State Building Codes Division this building and deck area. His opinion is makes the entire area one building, thus adequate. (code consultant) xor concerning exiting oX that the covered deck existing exiting is ~~ f""i l{' Chiex ( Jj/ec~ e FfJfln 20lJ! D:~), srW.1 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439-1314 or 612-439-1336 Fire Phone: 612-439-6120 Caso Number ___________ .' fee Paid _______________ CAS E N U t1 B E R Da~a filed ______________ e PLANNING DlVllNlSTRATIVE FORAh Street Location of Property: . ~ d E /1-:1 u"-.If /;- R. (~~ ~ - ---------------------------r------------ Legal Description of Property~ ---------------------------------------- .5 -?; .:::. ' r-~?---,q:>C ~^} <v';,l';- {2 L U /? Owner: Name ____L~_____ -----------....----------------~---------- ,~ , Address Y:::2.c2.1~_'!!:!J J'-C.ZE~~f!.~t.________ Phone: ~3.9..S-c;...::;~1- . f A . I' t ('':; th J.h . N e J70 /-:J/J <4 IS ~ 0 N -;- /-..k1::: KI!j r: /:' pp Icon II 0 er. an oW[ler. 1 am -----:------7--:..------------------- '-- . (/ ..., L/""" t;:<. . / V? AddressL_E__~~_~~: ___~~____________ Phone:__~_~_~_~~_____ Typo of Request;' ___ Razo ing ...-k Spod I Use Permit \ ___ Varia co ___ Approval 'of Preliminary Plat ___ Approval of final Plat ~__ Other~__________________ / / (" - .-- C3 ("-.......,..... -j-~ ' ....:.t. J.. (.A. .,.iI I;;, (;) /' ,;;, A./ .J./ ,...':.-t,..; <!../. .;,~-..) Descnpllon 0, Reques.. ----- ----:----:---. ----------------:-------------- GA_ Z-:..E:0f2.._ _.::G,-_ _$lf.. ~t ..!r__ ~l:-_ ~..;:..l:LQ_4:.L _<1::__ -3!!- !!l~~::f!./E1:._:"':;'___ e . ---------------------~::~ :::~;-~~~:~~~=~~~~ D.. ~ P \..1' H . ala o. u..... Ie eanng: ---- ---------------------------------------- NOTE: S~etch of proposed propert and structure to be drawn.on back of this :form or at- tached, showing the follow'ng: 1. North direction. 2. Location of pro osed structure on lot. 3. Dimensions of font and side set-backs. 4. Dimensions oi roposed structure. 5. Street names. 6. LocCition oi adj cent existing buildings. 7. Other infonnati 11 as may be requested. Approved ___ Denied __._ by he 'PI~nning Commission on ___________ (clute) b. .... .L f II' d' . , su lee. .0 .fie .0 oWing con 1 Ions: ------------------------------------ ----------------------~-- ---------------------------------------- Approvad ___ Denied ___ by he Council on ________________ subiec; to the .t. I I' d' J.' \ .0 oWing con lllons: _______ ---------------------------------------- e ------------------------- -~------~~----------~---~---~----------- Comments: (U~e o:h~r side), r illwater ~ - -~ THE BIRTHPLACE OF MINNESOTA i) e August 27, 1990 Mr. Robert Marois Popeye's on the River 422 East Mulberry street Stillwater, Minnesota 55082 Dear Mr. Marois: The City continues to receive complaints regarding the noise that emanates from Popeye's. The complaints usually come from residents of the North Hill area of Stillwater. However, the City has also received calls from the South Hill area as well. e As you know, the City has also received a number of complaints from the dock owners pertaining to vandalism, stolen property, abusive behavior and trespassing by patrons (alleged) of Popeye's. There has also been what I would consider to be an unreasonable number of incidents requiring police calls for service (when compared to other similar establishments). I wou~d think that it would be in your best interest to take more effective steps to minimize the noise and other activity that negatively impacts on the community. Based on the number of complaints it would certainly appear to be in the interests of the cormnunity to have the aforementioned problems eliminated. Once again I am asking for your cooperation in this matter. If the problems are not resolved voluntarily, the City may have to consider serious action such as possibly not renewing the on-sale liquor license for Popeye's. I realize that this sounds like a harsh solution. However, this situation has become a serious matter and warrants serious attention. Sincerel~~> ~~elfl-- ~--J7 City Coordinator NLK/smc e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 August 16, 1990 Dear Mr. Mayor: e I am writing you as a concerned citizen about the growing problem in the evenings & wee ends along the waterfront. Especially the area near "Popeyes". There are several exi ting situation that may pose a problem to the city. 1. Noise-from lOve bands and people roaming the parking lot and surround"ng area. 2. Sale of beer not have the property lin front steps selling beer the problem from outside Popeyes, I am sure they do proper permits? I was also told that the for Popeyes only extends 5 feet beyond the f the building. If that is true, they are & liquor on city property. This also adds to entioned in item #1. e 3. Violation of State fire code, on most evenings when a band is playing they are exceding the occupany of the building by 2 or 3 times, approved levels. If they ever had a fOre and lose of life. As a taxpaying citizen, I would hate to see y tax dollars going to defend the city against a lawsuit. For know"ng not enforcing the law, as it relates to this fire code. The type of people t at are being drawn to this area can not be good for the image 0 Stillwater. Yours truly, A Concerned Citizen e I I t. : eMEMORANDUM TO: Nile Kriesel, City Coordinator FR: David T. Magnuson, City Attorney DT: August 1, 1990 RE: Dock Association of Stillwater Complaints I have reviewed the information you sent me with regard to the complaints of the Dock Association of Stillwater. I first reviewed the complaints with regard to the applicability of Stillwater Ordinance 48.11 which controls and regulates the waterfront on the st. Croix River. I do not find anything specific in that ordinance that applies to the case except that the ordinance does make it the responsibility of the dock owner to ensure that proper conduct is observed on their docks. Next, both City ordinances and State law apply to public conduct on the docks and the docks and the surface of the river of the Yacht Club are within the jurisdiction of the City of Stillwater. The problem here is that misdemeanor violations must be witnessed by a policeman before they can write a ticket at the scene. Any ~ citizen, however, can arrest a person violating State law and .., hold them for a policeman. This would allow dock owners and their private security people to place violators under arrest and immediately call the police for transport. This procedure, however, requires that the private citizen follow the matter up with a complaint through the police and my office. It also appears that Popeye's might not be abiding by the conditions of their liquor license. They are obligated by Section 43.01, Subd. 6 of our Ordinances to be responsible for the conduct of their place of business and the conditions of sobriety of their customers. From the cases that I have read, the conduct of their patrons could be grounds for a suspension or revocation of their liquor license. This action, however, can only be taken after notice detailing the violations and a hearing and a finding by the Council that there is substantial evidence of the alleged violations. Please let me know if I can be of further help. 4It DTM:kn ~ ~ ~ ~ JUly Z4~ 1990 Mr. Nile Kriesel Stilht"ater CHJJ Coordi nator 216 N. 4th SL Stilhp'ater.. MM. 55082 Dear Mr. Kriesel: We.. the seyer: ejected Board f Directors.. representing the 157 slip o'='ners of the Dock A3:30ci~tion of Still ater ~ Inc_" ~i~h to bring to !jour attention our concerns regardi ng und.esi re Die acth..ities tati ng place on our doc~s. _ 5i nee 0 ~l r A5:30C1 ali {; n "~:l;}S fa; med three IJea rs a~o ~ ~.e ha.~.~ had f req ue nt re po r1.:3 of human beh~j"!"ior. obs:;:::rverl ;and/or he~H.d. 'w'hich are considered rJlJ most people to be abominable. Such beha '10rs include drunk.eness.. foul anrlloud L:snguage.. damage to boab, public urin tion, fornic3tion {in the docb~ as ';;ten as Of> people's b0313, threats to ou members by those asked to leave.. and the list goes on. We have attempted to i:a~e m a.sures to ell mi nate these prublems i)lJ posH n~ -signs about priy-ate ducKs. hi ri fig "2'eek-end.. off-duty po1ic~ offic~f"s to patrol t' .ri L- t ' t. -" ....~. l' . .. fie UOCAS.. npng .0 n~nU!e S .\.tlanons .oursel;,'es. ana no"V' ",=,:e ale In tne pro!;eS3 .of i nstalli ng locked gates tha h.opefull y "Will prevent -n.on- members from getti ng on or off the dock~. Up to no our attempb h8ve been futile_ HopefuH y the l.ocked gate~ .....i11 ori fig the r suBs 2"e seek. H02"e',rer T"e feel '2r'e neerl lj.our hel p and direction t.o take all the egal action possible to put effective me~n3 at .our disposal fur immediate.. cor edive action through utilization .of laT enforcement, e We ask IJOU for pr.oper guide i ne~ t.o fol1o~ that .,.111 give lJ~ .an the leg:a1 muscle possl ble "to remedy .our dile. m8, We regret havi ng to bri ng this problem before you, but frankly.. "'ale need to do ~omethjng before things deteriorate further. Thank y.ou_ 5i ncerel y... B.oard .of D1 rector3 D.ock Associati.on .of Sti 11 ".:r"at r.. Inc, P.O. Box 26125 5hore",.ley.. MM. 55126 Bill Ca3sen. Li nda Fricke -" Bryan Pal mer.. Ji m Borucki. Merll n Hecht -" ChristlJ Rayko'..ski.. and Tom Grant e ~ ~ <0 0/ ~. 'S ~ e Public access along the river is provided up to the Clubhouse. It is suggested that a pathway be provided as a part of the green buffer zone along the rivers edge. Because the impervious area is greater than 20% of the lot area, a variance to the Bluffland/Shoreland Ordinance is required. The pattern of paving just the driveway areas and leaving the parking area as impervious surface such as gravel would req~ce the land coverage and amount of runoff. Runoff currently flows from the p~rking lot over the bank into the river. This causes some erosion into the river. The plan shows a 12 ft. minimum green buffer area between the edge of the parking lot and river to absorb the run-off and trap sediment before entering the river. If the Green Buffer Zone is used to filter run-off, it must be maintained in sod or ground cover to be effective. An alternative to this approach is to direct parking lot run-off to catch basins and an existing storm drain that crosses the site. Conditions of Approval: 1. A site plan showing details of landscape, plant materials and size, fencing, track individual pathway, green zone treatment, drainage and final paving design shall be submitted and approved by the Community Development Director before paving of the Yacht Club storage lot 2. Existing Master Plan building _.~ BUILDING _Restaurant Tin shed Maintenance building New storage building In water slips uses include as listed below:- USES 121. seats Small boat storage Boat service/office/sales to North Boat storage - 160 Summer/unlimited .157 /~ e. 3. Upon request from the City, additional passenger parking spaces shall be converted to accommodate trailer parking. Recommendation: APPROVAL Findings: 1. Preserve the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river. 2. Maintain safe and healthful conditions. 3. limit erosion potential of the site based on degree and direction of slope, soil type and vegetative cover. 4. The Master. Plan will not adversely affect the caring capacity of the Flood Plain Area. Attachments: tit Master Pl an 2 . e _ e ... ... STATE OF MINNESOTA CITY COUNCIL CITY OF STILLWATER VARIANCE PROCEEDINGS In the Matter of Planning Case No. 603 REQUEST BY: VARIANCE Stillwater Yacht Club, Owner. The above entitled matter came on to be heard before the City Council of the City of Stillwater on the 1st day of November, 1985, on a request for a variance pursuant to the City Code for the following described property: Beginning at a point East of Block 18, original town (now city) of Stillwater where a line, 50 feet North of the North line of Mulberry Street as exerted intersects the shore of the st. Croix River, thence West on a line N73016'37"E a distance of 122 feet; thence North along a line S2026'34"E a distance of 210 feet; the east along a line N73016'37"E to the st. Croix River thence South along the shore of the st. Croix River to the place of beginning - (old Muller Boat Co. Property). Purpose: to contract a deck on an existing building that has a substandard setback as per City Code Section 3J..03. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a variance be granted upon the following conditions: 1. The owner must be in compliance with all Minnesota D.N.R. requirements. 2. That the deck be on an earth tone color. 3. That the deck not be roofed or enclosed. 4. That the construction not exceed the deck proposed in documents now on file in case file no. 603. Dated this :; .J::1L- of (; .U/iAL-'/ , 1986. +. So -6 r<) e e i i~~ - - -",=-,-----=--==.=:-C'=" ------,,-,: liQ~ liCUo I'VnV ! b=J j' -.-; F'I [1 U _-:--1 r~q 0-'10 ~7-"i :tir 0 b! : : II EXISTING OFFICE '-=l =j _~I 11./0 BE REMOVED ILl L_ r<l: I: f'-w---! -"'-, 1,:<,. Q A- t- = fi- _-~_-_-~~ .JJ~ /. '/'.(" ___lt~ '-I',v_ 00.. ," ,-' CJ ;. ~ d -, ~'J.() -~~ zy bJ bJ 'Iff WE NING ROOA - -1 L 54 EATS U CJ UtJ , lJDDDD bJ -1 :l :--1 "-;-,, v. <( //" .- ~~/ ,~/ _.~ --'" ,.;..' '\v'(, .' ~. 'v LANDSCAPE BED LANDSCAPE BED = Q LJ 0. DOC] VOO. --~"'1 I I ~./ WAITRESS S..!/lg9/i.._ WAlT RESS STATION 4 PERSON BOOTH .; ~r'1 4 PERSON bOOTlI 4 PERSON BOOTH ~n9 1.]41.-1<. 40 13v1Lt>/A/f./I& -- It:;' I. ~ ~o3e (; -f;"- 8~ 7'{} D'."..~D V'OO n I .;/, -.-J ~ ~L~[],:I ~ ) ,.1. /'~ d'-, , . i i ; , / Cd ";'ilh!1 , I!i ,Ii; r-- r-'-; '''''' LJ ,-'J ,_.J r-l Id DO Cj ~J DDDuL ::1____ I rROPOSED SERVICE-; t...-... I a ... "!: I'. '. ! i I .1" . , LANDSCAPE BED -',\ ')0/ (j,. I I LOWER lEI. . PATIO ARE> EXISTING RAMP TO SLIP AREA EXISTINC GRANITE' CURB s t \: 1 l . \:1 loCl~ 'is 3)\'\11 ';1 >;1 t> ~- e e e TO: FR: DA: RE: MEMORANDUM steve Russell Nile L. Kriesel May 16, 1991 COMPLAINTS AGAINST POPEYE ~ S Accompanying this memo are the complaints and related correspondence that the City has received over the past two years. I think this information should be presented to the Council at the meeting of May 21st to ensure that this problem area is addressed accordingly. illVYater MINNESOTA ~~ tit --- August 27, 1990 Mr. Robert Marois Popeye's on the River 422 East Mulberry street Stillwater, Minnesota 550 2 Dear Mr. Marois: The City continues to rece Pop eye , s _ The complaints Stillwater. However, the as well. ve complaints regarding the noise that emanates from sually come from residents of the North Hill area of ity has also received calls from the South Hill area As you know, the City has also received a number of complaints from the dock owners pertaining to vandal- sm, stolen property, abusive behavior and trespassing by patrons (alleged) of Po eye's. There has also been what I would consider to be an unreasonable number f incidents requiring police calls for service (when compared to other similar establishments). I wou~d think that it would be in your best interest to take more effective steps to minimize the noise and other activity that negatively - acts on the community. Based on the number of complaints it would certai ly appear to be in the interests of the community to have the aforementioned pr blems eliminated. e Once again I am asking for your cooperation in this matter. If the problems are not resolved voluntarily, the City may have to consider serious action such as possibly not renewing the on-sale liquor license for Popeye's. I realize that this sounds like a harsh s lution. However, this situation has become a serious matter and warrants serio s attention. Sincerelx, ~~el~~---J/ City Coordinator NLK/smc - CITY HALL: 216 NORTH FURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e August 16, 1990 Dear Mr. Mayor: I am writing you as a concerned citizen about the growing problem in the evenings & weekends along the waterfront. Especially the area near "Popeyes". There are several existing situation that may pose a problem to the city. 1. Noise-from live bands and people roaming the parking lot and surrounding area. e 2. Sale of beer from outside Popeyes, I am sure they do not have the proper permits? I was also told that the property line for Popeyes only extends 5 feet beyond the front steps of the building. If that is true, they are selling beer & liquor on city property. This also adds to the problem mentioned in item #1. 3. Violation of State fire code, on most evenings when a band is playing they are exceding the occupany of the building by 2 or 3 times, approved levels. If they ever had a fire and lose of life. As a taxpaying citizen, I would hate to see my tax dollars going to defend the city against a lawsuit. For knowing not enforcing the law, as it relates to this fire code. The type of people that are being drawn to this area can not be good for the image of Stillwater. Yours truly, A Concerned Citizen e August 16, 1990 City of Stillwater 216 N. 4th St. Stillwater, MN 55082 e Dear City Planners, Mayor, and Others To Whom It May Concern: We as Stillwater residents are writing in desperation to make you aware of a serious situation regard"ng Popeye's Bar. In recent weeks, Stillwater residents have been plague w~th noise, harrassment, and vandalism, not to mention general obnoxious behavior by Popeye's patrons. Cars parked in the lot have had glass broken, bottles left under tires, and doors scratched. Police calls to Popeyes ha e increased noticeably. Unreported assaults have also occurred. Stillwater is otherwise a lovely town and should not have its reputation tarnished b one establishment. We urge you take a serious look at this situation and act accordingly. People have been hurt and omething must be done to stop this madness. The kinds of people Popeye's draws are not the kinds we want or need in our town. We've become af aid to take our families downtown after dark. e Please bring this up at yo r next meeting and please do something before any serious damage is done. Thank you for your consideration. A Group of Concerned Still ater Residents cc: Stillwater Police Dep rtment e ;/:.... . ;,.,~:-../ ,- {f ... :.<-..' (~ .~._~,. :~ ~._L;~. / :';.} (./ /L/! " / ;.__r..,~..t.1. I... I '.. ..... . ..'! ....-" 1 l e MEMORANDUM TO: Nile Kriesel, City Coordinator FR: David T. Magnuson, City Attorney DT: August 1, 1990 RE: Dock Association of Stillwater Complaints I have reviewed the information you sent me with regard to the complaints of the Dock Association of Stillwater. I first reviewed the complaints with regard to the applicability of Stillwater Ordinance 48.11 which controls and regulates the waterfront on the st. Croix River. I do not find anything specific in that ordinance that applies to the case except that the ordinance does make it the responsibility of the dock owner to ensure that proper conduct is observed on their docks. e Next, both City ordinances and State law apply to public conduct on the docks and the docks and the surface of the river of the Yacht Club are within the jurisdiction of the City of Stillwater. The problem here is that misdemeanor violations must be witnessed by a policeman before they can write a ticket at the scene. Any citizen, however, can arrest a person violating State law and hold them for a policeman. This would allow dock owners and their private security people to place violators under arrest and immediately call the police for transport. This procedure, however, requires that the private citizen follow the matter up with a complaint through the police and my office. It also appears that Popeye's might not be abiding by the conditions:of their liquor license. They are obligated by Section 43.01, Subd. 6 of our Ordinances to be responsible for the conduct of their place of business and the conditions of sobriety of their customers. From the cases that I have read, the conduct of their patrons could be grounds for a suspension or revocation of their liquor license. This action, however, can only be taken after notice detailing the violations and a hearing and a finding by the Council that there is substantial evidence of the alleged violations. Please let me know if I can be of further help. e DTM:kn ~~~ ~'\ ~V:>' ~ Jul y Z4~ 199U e Mr. Nlle ~iie3el Sti 11 'Wate r C1 t I,) COO rdi nato 216 }L 4th St. Still7"ater ~ tHL 55082 Dear Mr. Kriesel: We~ the seven elected Boar' of DirectiH"s, representing the 157 slip o'"",'uers uf the Dock f;3sociation of Sti l~ater~ !nc..~ ,ish to bring to your attention our concerns regardi ng !mdesi I .eable adj'.;ities taki ng place on our docb.. 5i nce 0 u r ASSOci ati \3 n '~as 0 r med three ~ea is 8lJO ~ ~e ha"'ie nad f req!Je fit re po rb of human behavior, obs~r...,. d and/or heard, ',Phicn are considered by most people to be abominable. Such be. aviors1nclude drunkenes3.. foul and luud language.. damage to bO,f}b~ public ur nahl)n~ fornication on the docks as ~eH as !)n people's b03t3~ threats to ur members by those asked to leave.. and the lis! goes on.. We have attempted to tab; Ileasures to. eliminate these problems by postlIiiJ sign:;> about private -Gud::s 2 hi ri ng '''lieek-end~ off-duty police officers to patrol the docks. tryi fig to handle ::3itualiufis OUTSetye::3, and no~' '.e are i il the proces::3 of i fishl1'i ng lock~d gates t .at hopeful1 y \/ill preven"t non- members from getti ng on or off the dock~.. Up to o~ our fittempb bave been futile. HopefuH y the locked gates ,.-i11 vri ng the result::3 '20';; ~H~ek_ How-ever "s"e feel )r"e need your hel p and di rection to t3ke all th legal action POS$l ble to put effeetive means at l)i..ir disposal for immediate" co redive action through utilization of laT enforcement. e We ask lJOU for proper gUll ell nes to follo~ th~t ...,j11 give us an the le'Jal muscle possible to remedy our dil mma. We regret having to bring thh problem before you~ but fnmkl 9.. ,-,"e neerl .0 do 3.)meHri fig before till n~3 deteriorate furtt;er.. Thank you.. 31 neerel Y... Board of Directors Dock: Association of Still'y ter.. Inc. P .0.. Box 26125 Shore.....je"="... Mid. 55126 Bill Lassen. U nda Fricke.. Bn,)8n Pal mer 2 Ji m Borucki. Mer]i n Hecht, Christy Rayko'w'skl... and Tom Grant e ~ ~ rv0 ~. '::> :.. .... .' e June 12, 1990 TO: BERRY REED FROM: DON RICHIE SUBJECT: LAW SUIT Dear Berry, Please initiate a law suit immediately against The Stillwater Yacht Club, Popey's Bar and The Dock Association of Stillwater. My reasons are as follows: It Dennis Gale and I purchased two boat slips in the marina approximately two years ago. Last year, due to noise, vandalism and other problems such as people urinating off the docks onto my boat, I decided to sell the boat (we lost in excess of $50,000). Early this year we received assurances from the president of the association that security would be provided and the association would work with Popey I s and The Stillwater Yacht Club to get these matters cleared! Based on these assurances we leased one of the slips to a Mr. Bill Beck (lease attached) who we also gave a purchase option. Over this weekend his wife was verbally abused and his boat vandalized by patrons of Popey's Bar. . The bar patrons have essentially made my slips unusable. We are entitled to quiet enjoyment which we can not get. Not to mention the vandalism and other abuses. The association has failed to protect us. Popey's refuses to curb its noise and control its patrons while The Stillwater Yacht Club sits back and collects funds from patrons for ties along the slips. I would like to sue to recind our purchase agreement with The Stillwater Yacht Club for the slips. Also to recover the losses we incurred on being forced to sell our boat, losses of my having to refund the years lease payment to my tenant, and the loss of tit the sale of the slips. e If 'at all afternoon! would like morning. possible I would like the papers ready by Friday The associ tion is having a meeting on Saturday and I to serve he papers to them and Popey I s Saturday Regards, Don Richie e e .' .... .: e MEMORANDUM TO: city Attorney FR: city Coordinator DA: September 11, 1989 RE: LOUD ~ruSIC AT POPEYE r S We continue to receive complaints regarding the noise (loud music) emanating from Popeye's. The last complaint I received (and about the sixth complaint that I have knowledge of ) came on September 8, 1989 from a resident who lives at the intersection of North Second Street and Wilkins street. The complaint is similar to the others - loud music from 10:30 p.m: to 1:00 p.m. After receiving the complaint I talked to Bob Marois, President of Stillwater River Inn Inc, dba Popeye' s on the River ~ and advised him of the potential action that might be taken by the City Council if he cannot resolve the loud music problem. Mr. Marois said that they have tried to do a number of things to reduce or minimize the problem and will continue to work at it. e In any event~ I want to remind you of the Council's request for you to review the statutes to determine if there is any type of ordinance that could help us deal with this problem. I would also suggest that you review the statues (or ordinances of other cities) to determine whether or not a City could prohibit live music in an establishment such as Popeye's. Please call me if you have any questions regarding this matter. --;/f ~ e. c; - (;. September 4t Re: Popeye's N ise Pollution Mayor Wally Abr City of Stillwa 216 N. 4th St. Stillwater, MN Dear Mayor Abra I have spoke to both Mayor Wally Abrahamson and Mr. Nile Kriesel today, riday, September 8, 1989 and on one other occasion in the past regarding the noise pollution at Popeye's on the River. I also informed them of Popeye's negligence of r moving the awnin b the Labor Da deadline, as of this day 't has not been removed. I have made num regarding the n audience on man pacify me by tu minutes, and th intolerable vol profanity. I c "Could I please Off", that was rous phone calls to the manager of Popeye's ise of music and general noise of the nights of sleeplessness. As a result they ning down the volume for approximately 10-15 n it returns right back to it's original On one ocassion I was approached with lIed Popeye's a women answered, I asked, speak to the manager", her reply was "F very uncalled for response. e I have also had Department to r against popeye' run-around with the occasion to call the Stillwater Police gister a complaint of disturbing the peace when I received the usual game of the manager of Popeye's. The latest dist rbance was Wednesda , Se tember 6, 1989. It is now the end f summer, evenings are getting cool, our doors and windo s are closed, and yet the music still is annoyingly loud. My wish is to k the volume down so it does not continue to carry for mi es. In other words, keep the bar noise downtown not in the residential areas. Thank you, "0f\.-~ e Mrs. Marie 1024 North Seco Stillwater, MN c: Mr. Nile e ~it1wate~ TH;: RT' "OC E Of .,,,, so~':\ Apri 1 5, 1991 Mr. Robert Marios Popeye's 222 East Mulberry Street Stillwater, MN 55082 Dear Mr. Marios: e This letter is written to inform you that the zoning issues listed in the letters of September 21, 1991 and December 12, 1990 must be corrected by May 15, 1991 or your Planning Permit will be scheduled for review and possible revocation before the City Council. You indicated at the September 19, 1990 meeting that these items would be cleared up. ~y~ Steve Russell..P11.1 Community Development Director Attachments: letters of September 21, 1990 and December 12, 1990 c.c. Eric W. Ingvoldson David Magnuson e CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e (;dt~ illwater ~ OF MINNESOTA ~ December 12, 1990 Mr. Eric W. Inqualdson Bennett, Ingualdson, McInerny and Simons, P.A. 8500 Normandale Lake Blvd, Suite 1640 Minneapolis, Minnesota 55437 HE: RESTAURANT LOCATED AT 222 EAST ~y STREET Dear Mr. Ingualdson: This letter is written in response to your letter of November 26, 1990 that was written in response to a previous meeting with Robert Bennett of your firm and Robert Marios on September 19, 1990 and follow-up letter from myself to Robert Marios dated September 21, 1990. Your letter indicates that the restaurant owner is willing to work with the Yacht Club owner to enclose the trash area. An enclosed trash area was shown on the Master Plan for the Yacht Club and was subsequently discussed with David Carlson. According to Mr. Carlson, the trash area would be relocated west of the current site adjacent to the railroad tracks, enclosed and screened with landscaping (see letter of June 28, 1989). The sign on the east side, facing the st. Croix River, is not allowed and must be removed. See Ordinance 706, Riverway Bluffland Shoreland Ordinance. No variance to the regulations has been issued. The Master Plan for the Stillwater Yacht Club Case No. SUP/V/87-28 indicates a 121 seat restaurant. The original approval for the Yacht Club Restaurant - Case 603 - shows 156 seats, 116 inside and 40 outside. The current night club use is not consistent with the approved Master Plan use or the originally approved restaurant plans. I have attached a copy of the original restaurant floor plan and the staff report on the Master Plan. Regardless of exact number of seats 116, 142 or 156, the current use is not consistent with the original approval. Permission to serve liquor or food outside in front of the building has not been granted. Outside service would be an intensification of use requiring amendment to the Special Use Permit. The owner must meet the previously approved seating requirements or request a modification to the approved Special Use permit for the Yacht Club Master Plan (an applica~ion for a modifica~ion to the Special Use Permit is enclosed). CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 e e _ Mr. Eric W. Ingualdson December 12, 1990 Page Two As I mentioned in my letter of September 21, 1990, this matter should be cleared up as soon as possible. If you have any questions regarding the matter, do not hesitate to call. Sincerely, ..Ju~V- !2it#.~.L~ Steve Russell Community Development Director SR/smc Enclosures cc: Robert Marios David Magnuson BENNETT, INGVALDSON, McINERNY & SIMONS, P.A. e ATTORNEYS AT LAW 8500 NORMANDALE LAKE BOULEVARD SUITE 1640 MINNEAPOLIS. MINNESOTA 55437 TELEPHONE (612) 921-83S0 TELECOPIER (612) 921-83S1 ROBERT BENNETT' ERIC W. INGVALDSON DANIEL MCINERNY JEROME J. SIMONS. JR. MICHAEL P. COATY . . CHRISTOPHER J. PIERSON . CIVIL TRIAL SPECIALIST CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION AND NATIONAL BOARD OF TRIAL ADVOCACY November 26, 1990 . . ALSO ADMITTED IN WISCONSIN Mr. steve Russell Community Development Director city of stillwater city Hall 216 North Fourth stillwater, Minnesota 55082 Re: Popeye's Restaurant Dear Mr. Russell: e I am responding to your letter of September 21, I apologize for the delay in this response. clients and discussed the matters set forth in issues related thereto. 1990 to Mr. Marois. I have met with my your letter and the I did thoroughly review all the files which you presented to me when I was in your office. As you suggested, I purchased, and have since reviewed, a copy of the stillwater Zoning Ordinances. I understand from reviewing your files that the management/ownership of the stillwater Yacht Club had agreed with the City, some time ago, to move and enclose the trash area. My clients are willing to undertake that task and will have a discussion with their landlord as to whose financial responsibility it is. Because the file is somewhat unclear as to what Mr. Carlson had agreed to do and because of the time that has elapsed, my clients would like to be certain that when they move and enclose the trash area, it complies with your requirements. Would it be possible for your to send Mr. Marois a letter explaining the city's requirements? If not, please let me know and perhaps they can submit some sort of an informal plan for advance approval. with respect to signage, it is difficult for me to determine the city requirements in that this type of use, were it not pre-existing and grandfathered, would not be allowed in the RB District. It therefore ~~^~~ seems to be a matter of interpretation as to what sign requirements ~ are applicable. We understand that the temporary yellow sign is not e allowed without a permit. My clients would like to replace this with /F.1>,)~ -- e Mr. steve Russell November 26, 1990 _ Page Two a permanent sign, but need some guidance with respect to the appli- cable requirements. Your letter refers to the City Riverway Regulations. I am unable to find any such reference in the copy of the ordinance which I purchased. Would you please either tell me where to find that section in your Code, or send me a copy of the regulations which you refer to. e You have stated that the sale of beer and seating outside in front of Popeye's restaurant has not been approved. However, I am unaware of any prohibition of that activity without an explicit approval nor do I know what process one would go through to get such approval, if it were required. Please let me know the source of the prohibition and the process for approval. Your letter asserts that the approved use for the popeye's building is a restaurant with seating for 142 customers, and further, that the use has changed to a bar/night club. We do not necessarily agree that the use has changed or that any change, if it has occurred, has legal significance. Further, we are unsure what the source is for your statement that the approved use is a 142-seat restaurant. Our review of the file indicated that the marina and its related uses had been in existence for many years, pre-dating the Zoning Ordinances, and that they were never subject to any explicit zoning regulation until 1986. The 1986 Council actions that were reflected in your files do not mention the existing use as being a 142-seat restaurant, and in fact make no particular issue about that part of the facility. Again, I need your further direction to files or documents that I have not seen or need to have your interpretations explained further. Obviously, the items set forth in your letter of September 21 require further discussion. It is not my intent to be unduly argumentative and my clients are willing to comply with those items which do not materially damage or interfere with their business. Mr. Marois and Mr. Lindow have made a substantial investment in popeye's and are trying to run a respectable and responsible enterprise for their benefit as well as for the citizens and City. Popeye's has become a popular spot for residents and visitors to stillwater. While they acknowledge that there have been a few complaints about noise, we believe that problem has been adequately solved, and our review of the files does not indicate any other complaints directed against Popeye's operation as such. e e e e Mr. steve Russell November 26, 1990 Page Three I would like to talk to you further about the matters set forth in this letter at your convenience. Please respond as soon as reason- ably possible with respect to the trash and sign requirements so that these problems can be corrected. EWI:sb cc: Robert Marois r illwater ~ - - ~ '- -~ THE BIRTHPLACE OF MINNESOTA J e September 21, 1990 Mr. Robert Marois Popeye's on the River 422 East Mulberry Street Stillwater, MN 55082 Dear Mr. Marois: This letter is written as a follow up to our meeting of September 9th with Mr. Robert Bennett and City Staff. As was mentioned at the meeting by Mr. Bennett, Eric Ingvaldson from his firm has reviewed the City of Stillwater Yacht Club files, September 19, 1990, and other City zoning requirements. There are four zoning issues that need to be resolved for the Popeye's use as listed below. e 1. Change of Use. The approved use for Popeye's building is a restaurant with seating for 142 customers. Since the restaurant was approved, the use has changed to a bar nightclub. The change of use has not been approved by the City. 2. Outside Activity. There has been sale of beer and seating outside in front of the Popeye's building. This has not been approved. 3. Signage. A large portable sign has been placed in front of Popeye1s. This sign is illegal (temporary signs are not allowed). A Popeye's sign appears on the riverfront of the restaurant roof. Again, this has not received a City permit and is not allowed according to the City Riverway Regulations. 4. Trash Can. The trash area in front of Popeye's remains open to public view. As a condition of project approval, this trash area was to be . enclosed. If you would like to discuss these items further, feel free to call me at 439-6121. This item should be corrected by January 1, 1991 so you will be properly approved for the 191 season. Sfeve Russell Community Development Director e c.c. Robert Bennett David Magnuson SR/sm CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 Jr - . _ _ .11 QtiJ~ate~ THE BIRTHPLACE OF MINNESOTA ~ MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSEll, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 17, 1991 SUBJECT: FINAL PLAT APPROVAL FOR FIRST PHASE, 33 LOT, HIGHLANDS OF STILLWATER. GROUND DEVELOPMENT, APPLICANT. CASE NO. SUB/91-23. The Final Plat before the City is for the 33 lot First Phase, Highlands of Stillwater Subdivision. The lot configuration and size is consistent with the previously approved PUD and Preliminary Plat plans. The Development Agreement between the Developer and the City has not been executed as of this writing. (Developer said it is in the mail.) Beside the Development Agreement, the Subdivider according to the Conditions of Approval, shall submit the by-laws for the Homeowners Association limiting development on the sloped area next to lily lake, and record restrictive covenants controlling the quality and character of development. The Development Agreement should be amended to ensure that the Developer pays for West Orleans adjacent to the neighborhood park as part of road improvements for Phase IV consistent with City park dedication policy (a ttac hed). RECOMMENDATION: Approval. FINDINGS: The Final Plat is consistent with the Preliminary Plat. CONDITIONS OF APPROVAL: 1. The local improvement project must be improved providing road access and utilities to the site. 2. The Development Agreement between the Subdivider and the City must be executed. 3. Tne Development Agreement shall be amended to ensure that the Developer pays for the construction of West Orleans along the southern boundary of the neighborhood park. 4. The Developer shall provide to the City Community Development Director any recordable covenants controlling the quality and character of the development of the site. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 I _ Final Plat - Highlands of Stillwater Page Two 5. A Homeowners Association document limiting use and development of the natural area adjacent to lily lake shall be provided for Community Development Director review. 6. A temporary gravel path connecting the Phase I development to lily lake Elementary School shall be constructed as a part of Phase I improvements by the Subdivider. ATTACHMENT - Application and Final Plat. _ _ / . , ./ e ./ _ _ ~. ... '; / , , 6. r \7 A1lf- Ol $. , INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS subdividers and developers of commercial/industrial land, including commercial/industrial portions of Planned Developments, shall be required at the time the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, an amount of land up to 7.5 percent of the net land area wi thin the development as determined by the City according to the guidelines set forth in Section 3 of this policy. Cll 7. CASH PAYMENT IN LIEU OF DEDICATION, COMMERCIAL AND INDUSTRIAL In those cases where the City does not require park or open space within a development, the City shall require payment of fees in lieu of such land dedication in an amount equal to $.10 per square foot of net land area, or such amount as determined by the City Council based on the value of the payments. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval as determined by the City. . , A credit of up to 25 percent of the required dedication may be allowed by the City Council for on-site stormsewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The-,-""City Council, upon review and recornrnendation of the Parks and Recr~ation Commission, may annually review and determine by resolution an adjustment to the industrial/corrnnercial fee based upon the City's estimate of the average value of undeveloped corrnnercialjindustrialland in the City. 8. REQUIRED IMPROVEMENTS Developers shall be responsible for making certain impro~ements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contract or site plan approval responsibilities. Landscape screening, shall be in accordance with City policy. v B. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate P.arks and Recreation Department personnel for the purpose of identifying park property corners. C. Provide sufficient public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. 4 e _ _ ." EXHIBIT liB" REVISED FEBRUARY 5, 1991 CONDITIONS OF APPROVAL 3. A.5 acre in lieu park dedication fee shall be paid by the Developer before the Fourth Phase final plat is recorded. \ 4. The west 150 feet of the neighborhood park site shall be deeded to the City by t112 Developer within sixty days of receiving a written request . from th~ City or with Phase IV final platting, whichever occurs first. The City shall begin' construction of the water project within ninety days of receiving the deed for the property. 5. The neighborhood park sl1all be designated on the preliminary plat for neighborhood park use and be deeded to the City before Phase IV final plat recording. With the final platting of Phases I, II, and III, the representative value of the land, shall be deposited in a security account that can be drawn on by the City to purchase the neighborhood park site. An easement or option shall be placed on the neighborhood park land establishing its value and availability for City park purchase. 6. a. A minimum twenty foot pedestrian easement connecting the project to Lily Lake Elementary School shall be recorded as a part of Phase III final platting. The Developer shall pave a six feet pedestrian walkway connecting the cul de sac to the school site b. A twenty five hot uti 1 ity /emergency access/pedestri an easement shall be provided connecting the project to Pine Tree Trail. As a part of Phase IV platting and development, a twelve foot all weather surface and breakway g.lte, as approved by the Fire Chief, shall be improved by the Developer. 7. West Orleans shall be constructed to the Phase I east project boundary as part of Phase I and extended from that point east to Curve Crest Blvd. as a part of Phase IV. As a part of Phase I construction, utilities shall be extended east beyond the road improvements as required by the Water Department. ""' e 8. The grading of the site shall be phased as designated on the preliminary plat to minimize site disturbance. Grading permits al~e required for each phase of construction. 9. The landscaping buffer shown on the landscape plan located along the north side of Orleans Street shall be planted before completion and occupancy of any dwelling unit in Phase I and Phase IV and V respectively. The landscaping shall be maintained by the Property Owner in a healthy condition"'or replaced. 10. Tne required sideyard setback requirement for lots of less than sixty five feet at the front yard setback 1 ine shall be five feet~ (All other setbacks shall meet single family residential R-A standards.) 11. A Phase I environmental assessment shall be performed on this site and recomnendation implemented as approved by the City of Stillwater. 12. A temporary graded and gravel surface walkway shall be constructed from Phase I development area to Lily Lake School. 13. Typical residential development plans for each phase of development shall be revie'fled and approved by the Planning Commission and City Council before final platting of that phase to assure design variety and compatibility of the overall project. 14. Sewage Trom 15 lots maximum may be directed to the Brick Street Lift Stati on. e 15. The Developer shall be required to notify the prospective buyers of lots adjacent to West Orleans Street of the future industrial development of land across the street to the south. 16. The hammer head improvement at the end of Pine Tree Trail shall be constructed by the Developer as approved by the City Engineer as a part of Phase I development. 17. The connecting water loop to Pine Tree Trail shall be constructed by the Developer as a part of Phase IV development. e 11 ell 't E){.hibl. ..l'~ ~., . ~. ";I',~. \ \ , \ \ . "~l-; U-~:.;.: '; " . . '''~'''< : ,.,~" i :\4 ':".-; . o.t :. .' ~~:...-. .'. e .< \ ';~ , ~:. :- I e " l' _ r illwater "~ - - ~~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSEll, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 17, 1991 SUBJECT: UPDATE ON DOWNTOWN IMPROVEMENTS At the Council meeting of May 7, 1991, a report was reviewed on Downtown improvement changes and additions. The item was continued to this meeting to get some additional information. _ TRASH BUILDING Since the May 7, 1991 meeting, Staff has met with Water Street trash generators, representatives from the Downtown Action Committee Trash Sub- committee, and Councilman Funke regarding the Water Street trash situation. The Committee recommends that the City purchase or enter into a long term lease (for a nominal price) for the land where the Freight House trash receptacle is currently located and construct a larger trash building for area businesses. The building would be equipped for recycling and completely enclosed to control odors and unsightliness. The estimated cost of the structure, based on information from Olsen Construction, is $50,000 - $60,000. This could be reduced based on modification to the plans to $45,000. This cost is TIF eligible. After the City constructed the facility, the businesses along Water Street would have to enter into an agreement with the City to use and maintain the facility. This improvement should solve the trash problem that has persisted many yea rs . RECOMMENDATION: Approval of $45,000 for construction of a trash building subject to agreeable term for purchase of the site and participation by Water Street trash generators. _ BENCHES AND TRASH RECEPTACLES At the May 7, 1991 meeting, general information was presented on the City purchasing benches and trash receptacles Downtown. A review of existing trash receptacle locations and approximate bench locations was conducted. A map showing the location will be displayed at the Council meeting. The City would save 30-40% on the costs of the street furniture if purchased independently and installed by City crews. This is a TIF eligible cost. (See attached memo.) CITY HALL: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 _ _ _ Memo to City Council - Update on Downtown Improvements May 17, 1991 Page Two RECOMMENDATION: Purchase of twelve benches ($9,660) and twenty five trash receptacles ( $12 , 900 ). IMPROVEMENTS RELATED TO lOWEll INN Staff has met with Art Palmer to discuss coordinated parking lot improvements for the lot north of lowell Inn and undergrounding utility lines along Second Street. Mr. Palmer would like to underground lines between the first two utility poles along Second Street. He would do this at his cost of estimated $25,000 but is asking that the City assess his property for the improvements. Mr. Palmer would be willing to lease the land across Second Street (next to the property the City purchased for parking) in exchange for use of sixteen feet of City land on the west side of Second Street (ten parking spaces). The Pa 1 mer 1 and on the east side of Second Street could "be temporarily improved by City crews to accommodate eighteen to twenty parking spaces. These spaces could be used by local employees Associated Eye Physicians and West Publishing. Mr. Palmer would also like permission to have brick paving used on the sidewalk in front of the lowell Inn at his cost. RECOMMENDATION: Direct Staff to continue working with Mr. Palmer on coordinated improvement and use of parking lots (lot lease exchange) and allow Second Street undergrounding utility costs to be assessed to the lowell Inn property. ATTACHMENTS: - Bench memo - May 15, 1991 - Trash building plans. _ _ _ MEMORANDUM TO: Mayor and City Council FR: Planning Staff DA: May 15, 1991 RE: CONTINUATION: BENCHES AND TRASH RECEPTACLES FOR DOWNTOWN Background: At the last City Council meeting of May 7, 1991, the Council reviewed the costs for purchasing benches and trash receptacles for the Phase I Improvements. The City can order these items directly from the distributor at $516 for the trash receptacles and $805 for the benches, including shipping. This is quite a savings from the quote in the plans and specifications for the Downtown Improvements. The Council directed staff to prepare a map showing locations for the benches and trash receptacles in downtown along with pictures of the products (attached). Discussion: At the Council meeting, staff will review a map which shows locations in Downtown Stillwater where trash receptacles and benches would be appropriate. An analysis was conducted of where existing benches and trash receptacle are in downtown, reviewed the pedestrian circulation in the area including where people gather and the locations of take-out restaurants (ice cream stores). Once this was defined, the map was prepared. The Tiberform/Columbia Cascade (Restoration Series) bench and the Ironside Bethesda Series, 32 gallon trash receptacle were recommended by the Downtown Plan Action Committee. Reconunendation: Approval to purchase: 12 - benches and 25 trash receptacles The TimberForm@ Restoration ™ Series 'e ~~.-. - r 4 '1 ___.__.___._~__._.__~___ _____ _______ ___ ___ u_ .~"':"~- ~~~~~s -' 5 Iii: i: 'i' :11\ ill: I!; ~lrs arzd gentle curves define the BETHESDA S.cl<l.c~ In a latching site amenities. :Jars are formed and hA:>rofile consti- e~ent in all the s. It provides 3- great flexibility in .ile maintaining :ptacles are avail- ree heights. The )J.h. 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Vf(A5 DtX>f- ) 5~h ~ .- \ .~*1 t , { ~... ~\..',. 7 ~~ r ~ ~-,,~ ~ ~ ~W; p-o"f #(~~ OJ l? #.I,lt. t1\u VlK\~ ~ l ~ k\t-, @ e ~-h'av--s ..~ DV"bf off ~ofl ~\~ ~' ~/~ ~ ~. ~~.... ~.c.l~ ') ~\of~ 4. ~~ fY\trk UJJ/rTi~ e '" \ (iT ~ ~ - y-'> ., , . .. , , , . "- " " " ~~ /'"' e '"" .. . ! ~ " , , -" e e e M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL NILE l. KRIESEL, CITY COORDINATOR MAY 17, 1991 VOLUME BASED FEE SYSTEM FOR SOLID WASTE REMOVAL At their last meeting, the solid Waste Advisory Committee decided to recommend their original proposal to the City Council for your review and consideration. The Committee's original proposal was to: Establish a base fee which would include 30 gallons of household waste (i.e. garbage) and an extra charge would be paid for each additional 30 gallons of household waste. All other waste, such as white goods, furniture, leaves, grass, brush, etc. would be included in the base fee. The Committee further recommends that the base fee be set at about $13.00 per month for regular 110useholds and $10.40 per month for Senior Citizens, and that a charge of $2.00 per 30 gallon bag be established. (Note: I used $13.50 and $10.90 in order to eliminate any deficit.) The following is a comparison of revenues generated by the present fee system and by the proposed system: Present System: Regular Households - 4040 x 17.00 x 12 = Senior Citizens - 798 x 13.60 x 12 = Waivers 52 x 13.60 x 12 = $ 824,160 130,234 8,486 $ ~9_2.,~~Q Total Present Proposed System: Regular Households Senior Citizens Waivers Extra Charge - 4040 x 13.50 x 12 = - 798 x 10.90 x 12 = 52 x 10.90 x 12 = - 112,400 bags x 2.00 = Total Proposed $ 659,328 104,378 6,802 224,800 $ 995,308 $ ~_2.,42~. Di fference The proposed system would generate additional revenues of $32,428. It was intended that the proposed system cover recycling costs tnat were in excess of the County grant funds for 1991. The excess costs are estimated to be about $29,500. Therefore, the net difference, if recyclinbg costs are to be fully 1 covered by fees and/or rant funds, would be about $2,928 (32,428 - 29,500 = 2,928). In regards to the charg for extra waste, the Commimttee recOlmnends that tne City provide stickers t' at would be sold to the residents. The sticker would then have to be attache to each garbage container in excess of 30 gallons. A sticker would only cove 30 gallons of garbage. For example, if a resident placed 3 - 30 gallon co tainers at the curb, the resident would have to place a sticker on two of the containers. Although the system bei g proposed by the Committee will have some problems associated with it, it till appears to be the most simplified and practical system we have reviewed If the system is adopted, it will require some patience on the part of the residents and the Solid Waste Contractor (Junker Sani tati on), but I bel i ve we can make it work. . I \'Iould recommend that he Council set a Workshop on this matter as soon as possible, say, on May 2 , especially if the City wants to implement the system by the next billing dat -- July 1, 1991. If a decision was made by the first meeting in June (June 4 11), I believe we could take care of all of the particulars by July 1 a d have the new system in working order. I can discuss this with you more fUlly at the meeting Tuesday night. 2 e e e , t I e ., ,..J. ""'" l-"'~ lu - -. -- SAMPLE OF VOLUME-BASED FEE PROGRAMS Circle Pines Hauler: Waste Management~ Inc. (Peggy Link '784-5898) Households Served: *Low Volume: One Can: Two Can: Three Can: Extra Containers: 1442 20 225 1181 16 $1. 06/bag *Low Volume=Base Rate + $1.06/bag 100.0% 1. 4% 15.6% 81.9% 1. 1% City reports to hauler (quarterly) the level of service chosen by the household. If a container has no sticker and is beyond the chosen service level~ it is left behind. Oversized items require multiple stickers. # of stickers distributed varies; around 3000 were sold last month. Forest Lake/Forest Lake Township Hauler: Forest Lake Sanitation (Betty Bergerson 433-2441) Households Served: MonthlY 60 Gal: Twice Monthly 60 Gal: Weekly 60 Gal: Weekly 90 Gal: 3600 108 288 900 2304 100.0% 3.0% 8.0% 25.0% 64.0% Several service levels are offered. Recyclers receive a credit on their trash bill of $1 per set out or a maximum of $2 per month. The City and Township do no service billing; both regular refuse costs and oversized items are billed by the hauler. Robbinsdale Hauler: Waste Management, Inc. Households Served: 4815 One Can: 1000(AVG) Two Can: 3815 Excess: $l/bag* (Kristen Richert 537-4534) 100.0% 20.8% 79.2% All residents receive permits for two 30 gallon trash containers. The two oan rate is two-tiered: one rate for recyclers, one for non-reoyolers. After the program was established, low volume households (i.e. . empty-nesters) demanded the one can service level. They retain a permit for one trash can and send the other baok and reoeive a yearly refund of $24. * Stickers required on yard waste bags; oversized items require several stickers. ** The City distributed over 12000 stickers this past month (a record; possibly due to yard waste season?) 1 Wavz at?t ... .... Hauler: Knutson Services t (Sonny Clark 473-8113) Households Served: Zero Can: One Can: Two Can: Three Can: City.sends (quart and level of ser not to collect an has a sticker. S Hall. All "zero on trash containe s. 1090 25 200 815 50 100.0% 2.3% 18.4% 74.7% 4.6% rly) computer print-out to hauler with address ice chosen by residence. Hauler is instructed material exceeding the service level unless it ickers are $2.00 each and are available at City an" subscribers must purchase stickers to place White Bear Lake Hauler: Knutson Services (Diana 429-8528) Households Served: 30 Gal: 80 Gal: 90 Gal: Senior (60 Gal): Extra Containers: 6760 723 2406 2818 1013 $2.00 each 100.0% 10.7% 35.6% 38.7% 15.0% I Residents supply r rent covered oontainers (no ~ of trash are to be placed at 0 rbside). Knutson determines if container is excessive. Res dents sign up for rate levels - drivers keep route.sheets on v lume for each residence. If more waste is out~ Knutson bills; Ci y bills for only the level o~ service for which the residen~ is e rolled. No stickers are used. Service level cha ges are sent to Knutson at the beginning of each quarter. 2 e BOARD OF WATER COMMISSIONERS 204 NORTH THIRD STREET STILLWATER, MINNESOTA 55082 t BOARD MEMBERS: DON JAHNKE, President JOHN L. JEWELL JAMES WEAVER DENNIS McKEAN Secretary/Manager :Hay 13, 1991 ~layor Abrahamson 216 North Fourth street Stilhrater, Hinnesota 55082 Hayor Abrahamson, James Weaver's current term en the Board of Water Commissioners expires June 30, 1991. He has indicated his willingness to again serve on the Board. It It is the desire of the Board, to ask for }rr. vicaver's reappointment as a member, of the Board of Water Commissioners. Sincerely, U-~~///~ Dennis l1cKean e e e e .- r illwater "~ - - ~ -- -~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND CITY COUNCIL (l/ FROM: STEVE RUSSEll, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 17, 1991 SUBJECT: COMPREHENSIVE ZONING ORDINANCE AMENDMENT A "newll Zoning Ordinance is presented for Council review and adoption. The Ordinance has been reorganized to reflect the various individual changes made in the Ordinance over the past five years. Also, sections from the City Code that were not in the Zoning Ordinance; i.e. fences, swimming pools, signage, Flood Plain and Bluffland/Shoreland Riverway has been brought into the Ordinance. The changes in the Ordinance eliminated duplicate sections or inconsistent language and regulations that are covered by other City regulations, such as the Building Code. This Ordinance Amendment is presented for first reading at tonights meeting and second reading for June 4th. The Planning Commission reviewed the amendment at their meeting of May 13, 1991 and commended Staff on this comprehensive review. They felt it would make it easier for them to use and Staff to administer the land use regulations. RECOMENDATION: Approval of Comprehensive Zoning Ordinance Amendment for first reading and direct Staff to advertise amendment for second reading June 4, 1991. ATTACHMENT: Zoning Ordinance Amendment. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e ~il~ate~ THE BIRTHPLACE OF MINNESOTA ~ MEMORANDUM TO: PLANNING COMMISSION FROM: STEVE RUSSEll, COMMUNITY DEVELOPMENT DIRECTOR ~ DATE: MAY 7, 1991 SUBJECT: COMPREHENSIVE UPDATE OF ZONING ORDINANCE e Over the past four years, at different times, sections of the Zoning Ordinance have been updated. This comprehensive update reviews all the changes at one time. As a result, the Ordinance is reorganized in a more understandable order. Some redundant sections have been eliminated. Other sections of the General City Code have been added to the Zoning Ordinance; i.e. fences, swimming pools, Sign Ordinance, Flood Plain and Bluffland/Shoreland Riverway Regulations. This comprehensive revision presents a good time for Commissioners to review and become familiar with the various sections of the Ordinance. RECOMMENDATION: Review and approval of the Ordinance for City Council approval. ATTACHMENT: Zoning Map. e CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 .. e TABLE OF CONTENTS ZONING ORDINANCE CITY OF STILLWATER CHAPTER 31 e Subdivision 1. Purpose Subdivision 2. Interpretation Subdivision 3. Scope Subdivision 4. Definitions Subdivision 5. Zoning/Establishment of Districts Subdivision 6. Interpretation of District Boundaries Subdivision 7. Application of Regulations Subdivision 8. Transition Zoning Subdivision 9. Nonconforming Uses Subdivision 10. Use Districts Subdivision 11. RA One Family Districts Subdivision 12. RB Two Family Districts Subdivision 13. RCL Low Density Multiple Family Residential District 1,/11 r;/If Zoning Page 1 1 1 1 7 7 9 9 10 11 12 14 16 Subdivision 14. RCM Medium Density Multiple Family Residential District 17 Subdivision 15. RCH High Density Multiple Family Residential District 18 Subdivision 16. CA General Commercial District 20 e Subdivision 17. CBD Central Business District Subdivision 18. PA Public Administrative Offices District Subdivision 19. BP-C Business Park Commercial District Subdivision 20. BP-O Business Park Office District Subdivision 21. BP-I Business Park Industrial District Subdivision 22. Flood Plain Overlay District 21 23 24 25 26 27 .. Subdivision 23. Bluffl d/Shoreland Overlay District Regulations 38 e Subdivision 24. Planne Unit Development 56 Subdivision 25. entary Regulations 62 l(a) Essential Services 62 l(b) S il Stripping 62 l(c) V cant Lots of Record 62 l(d) C ear Corners 62 l(e) S standard Lots 63 l(f) B d and Breakfast 63 l(g) F rm Animals 63 1 (h) P le Buildings 64 l(i) M"nimum Landscape Requirements 64 l(j) P ojection into Required Yard Areas 64 l(k) E ceptions to Height Requirements 65 1(1) L nd Reclamation Regulations 65 l(m} F nce Regulations 65 l(n) S imming Pool Locations 66 Subdivision 26. eet Parking and Loading 66 Subdivision 27. 75 Subdivision 28. Permits 86 e Subdivision 29. Review Permits 89 Subdivision 30. Admini tration and Enforcement 93 e Subdivision 1 CHAPTER 31 ZONING e 31.01 . ZONING ORDINANCE OF THE CITY OF STILLWATER Subdivision 1. PURPOSE. An ordinance regulating and restricting the use of land and the use and location of buildings and structures and determining the area of yards and other places surrounding them; regulating and restricting the density of population; dividing the City into districts for this purpose; adopting a map of the City showing boundaries and the classification of the districts; and prescribing penalties for the violation of its provisions. Subd. 2. INTERPRETATION. In the interpretation and application, the provisions' of this ordinance shall be construed as minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger, undue concentration of population and ample parking facilities. Subd. 3. SCOPE. It is not intended by this ordinance to repeal, abrogate, annul or in anyway impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the City is a party. Where this ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by existing provisions of law, ordinance, contract or deed, the provisions of this ordinance shall control. e Subd. 4. DEFINITIONS. For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given in this subdivision. When not inconsistent with the context, words used in the present tense include the future; words in the plural numbers include the singular; and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. 1. Accessory Use of Buildings. A subordinate use or buildings customarily incident to and located on the same lot with the main use or building. 2. Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement whether by extending on a side or by increasing in height or the moving from one location or position to another. 3. Apartment house. A multifamily dwelling for three or more families living independently of each other and doing their cooking upon the premises. 4. Area, Building. The aggregate of the maximum horizontal cross section areas of the main building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than three (3) feet, steps and bay windows not extending through more than one (l) story and not projecting more than three (3) feet. e Zoning Page 1 5. Subdivision 4 Area, Lot. The aggregate square feet contained in the proposed building sit excluding therefrom areas within public easements for streets, fl wage easements and areas covered by pubic waters as defined in Minnesota Statutes 105.38 and areas subject to intermittent flooding or overflow and any area included within a swamp or bog and those areas which have a slope of greater than 30 percent. ot area shall have the same meaning as the term "buildable" ot area. e 6. Automobile S rvice Station (Gas Station). A place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating mo or vehicles is sold. This definition includes greasing and oiling a d the sale of automobile accessories on the premises. This definit on also includes the making of minor repairs, incidental body and fen er work, painting or upholstering, the replacement of parts and m tor services to passenger automobiles and trucks not exceeding on and one-half (1-1/2) tons capacity. This definition shall not i clude major repair, rebuilding or reconditioning of engines, mo or vehicles or trailers, collision service including body, frame r fender straightening or repair, overhaul, painting, vehicle ste cleaning, automatic care or vehicle washing devises. 7. Automobile S rvice Uses. Auto and truck laundry, drive-in business, service stat on, repair garage, public garage, motel, hotel, seasonal produce sale , motor vehicle sales, trailer sales and rental, boat sales, renta services and restaurants. 8. Automobile Repair, Major. General repair, rebuilding or reconditioni g of engines, motor vehicles or trailers, including body work, framew rk, welding and major painting service. e 9. fast. An owner-managed and occupied, residential structure us d as a lodging establishment where a room or rooms are rented on a nightly basis and in which only breakfast is included as part of the basic accommodations. A Bed and Breakfast establishme t shall be inspected by the Fire Marshall, Building Official and County Health Officer and upon approval receive a proper operating l"cense. 10. BlufflandjS oreland definitions (see Bluffland/Shoreland Overlay District Re lations Subdivision 23). 11. Building. a roof ed enc lunch wagon structures business, me assembly, e 12. Building Lin lot line wh grade level intersectin structure designed, built or occupied as a shelter or osure for persons, animals or property, including tents, , dining cars, camp cars, trailers and other roofed n wheels or other supports, used for residential, cantile, storage, commercial, industrial, institutional, cational or recreational purposes. The line between the front yard setback line and the re no building or other structure may be erected above The building line is considered a vertical surface the ground on this line. 13. Club or Lodg . A club or lodge is a bona fide nonprofit association of persons aying annual dues. e Zoning Page 2 Subdivision 4 14. Corranercial Recreation. Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skiing, skating, tavern, theater, firearms range and similar uses. e 15. Drive-in. Any use where products or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is offered regardless of whether service is also provided within a building. 16. Dwelling. A building, excluding house trailers or mobile homes, designed or used as living quarters for one or more families. 17. Dwelling House. A detached house designed for and occupied exclusively as the residence of not more than two (2) families, each living as an independent housekeeping unit. 18. Dwelling, Mul tif amily . A dwelling or group of dwellings on one parcel containing separate living units for three (3) or more families, but which may have joint services or facilities. 19. Dwelling Unit. One or more rooms providing complete living facilities for one family, including equipment or provisions for cooking and including a room or rooms used for living, sleeping and eating. 20. Essential Services. e a. Public Utility Facilities. Underground or overhead gas, electrical, steam or water distribution systems; collection, corranunication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission service. b. Public Utility Facilities. Transmission services, buildings and storage. Transmission service such as electrical power lines or a voltage of 35 kv or greater, or bulk gas or fuel being transferred from station to station and not intended for enroute consumption or other similar equipment and accessories in conjunction therewith. 21. Family. A single individual, doing their own cooking and living upon the premises as a separate housekeeping unit or a collective body of persons, doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. 22. Flood Plain Definitions (see Subdivision 22 Flood Plain Overlay District) . I 23. Floor area. The gross area of the main floor of a residential building measured in square feet and not including an attached garage, breezeway or similar area. Zoning Page 3 24. Subdivision 4 Floor/Lot the gross f the lot or located. ea Ratio. The numerical value obtained through dividing oor area of a building or buildings by the net area of arcel of land on which the building or buildings are e 25. Frontage. T e boundary of a lot which abuts an existing or dedicated public stre t. 26. Garage, Pri ate. A building or a portion of a building in which es used by the residences of the building on the premises r kept. 27. Garage, Pub ic. A building or portion of a building, used for the storage of otor vehicles, or where any vehicles are kept for money or hire and in which any sale of gasoline, oil and accessories are incidental 0 the principle use. This definition does not include private gar ge or repair garage. 28. Garage, Pub ic or Storage. A building or part thereof, other than a private g rage, used for the storage of motor vehicles and in which service sta ion activities are being carried on. 29. Garage, Re air. A building or space used for the repair or maintenance of motor vehicles but not including factory assembly of vehicles, a to wrecking establishments or junk yards. 30. Height, Bui ding. The vertical dimension, measured from the average elevation 0 the finished lot grade at the front of the building to the highest point of ceiling of the top story, in the case of a flat roof, to t e deck line of a mansard roof to the average height between the plate and ridge of a gale, hip or gambrel roof. e 31. Hotel. A b ilding containing rooms intended or designed to be used, or which ar used, rented or hired out to be occupied, or which are occupied fo sleeping purposed by guests and where a general kitchen and dining oom are provided within the building or in an accessory building. 32. Junk. Any is ready fo or conversi or unchange original p junk. orn out, cast-off or discarded article or material which destruction, or has been collected or stored for salvage n to some use. Any article or material which unaltered , and without further reconditioning can be used for its ose as readily as when new, shall not be considered 33. Junk Yard. The use of more than forty (40) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of hat part of a lot which adjoins a street for the storage, keeping or andonment of junk. 34. Loading Spa a building, parking of materials, means of ac e. An off-street space or berth, on the same lot with or contiguous to a group of buildings, for the temporary a commercial vehicle while loading merchandise or nd which abuts upon a street, alley or other appropriate ess. e Zoning Page 4 Subdivision 4 35. Lot. A parcel of land occupied, or capable of being occupied by one building and the accessory building or uses customarily incidental to it, including the open spaces required by this ordinance. e 36. Lot, Corner. A lot at the intersection of and abutting on two or more intersecting streets, the angle of intersection being not more than 135 degrees. The land occupied, or to be occupied, by the corner building and its accessory buildings. 37. Lot, Corner sideyard. A sideyard adjacent to a street, alley or court. 38. Lot, Depth. The average horizontal distance between the front and rear lot lines or between the front lot line and the intersection of the two side lot lines if there should be no rear lot lines. 39. Lot, Reversed Corner. A corner lot, the rear of which abuts upon the side of another lot. 40. Lot, width. The distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. 4.1. e e Manufacturing, General. All manufacturing, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. The uses, products or materials include, but are not limited to the following: sawmill, refineries, commercial feed lots, acid, cement, explosives, flour, feed and grain milling or storage, meat packing, slaughter houses, coal or tar asphalt distillation, rendering of fat, grease, lard or tallow, alcoholic beverages, poisons, exterminating agents, glue or size, lime, gypsum, plaster or paris, tanneries, automobile parts, paper and paper products, glass, chemicals, crude oil and petroleum products including storage, electric power generation facilities, vinegar works, junk yard, auto reduction yard, foundry, forge, casting of metal products, rock, stone, cement products, the drying or processing of milk or cheese and any derivative product 42 . Manuf actur ing , Limi ted. All uses which include the compounding, processing, packaging, treatment or assembly of products and materials provided the use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other objectionable influences that extend beyond the lot on which the use is located. Generally, these are industries dependent upon raw materials refined elsewhere. Uses include, but are not limited to, the following: lwnber yard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, contractors shops and storage yard, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, used auto parts. 43. Medical Uses. Those uses concerned with the diagnosis treatment and care of human beings. These uses include : hospitals, dental services, medical service, clinic, nursing or convalescent home, orphans home, rest home and sanitarium. Zoning Page 5 Subdivision 4 44. Motor Freigh Terminal. A building or area in which freight brought by motor tru k is transferred or stored for movement by motor truck. 45. Nonconformi Use. A building, structure or use of land existing at the time f the enactment of this ordinance which does not conform to the regu at ions of the district in which it is located. 46. Office Uses. Those commercial activities that take place in office buildings, here goods are not produced, sold or repaired. These include: b nks, general offices, governmental offices, insurance offices, re 1 estate offices, travel agencies or transportation ticket off'ces, telephone exchanges, utility offices, radio broadcast in and similar uses. 47 . Land devoted to the display of goods for sale, rent, where the goods are not enclosed within a building. 48. Parking Spac . An area of at least 300 square feet, including access and maneuve ing area, to be used exclusively as a temporary storage space for 0 e private motor vehicle. Truck loading and unloading space shall not be included in such area. 4-9. Retail Busi Uses. Stores and shops selling personal services or goods ov r a counter. These include the following: antiques, art and sch 01 supplies, auto accessories, bakeries, barber shop, beauty parI r, bicycles, books and stationery, candy, cameras and photographi supplies, carpet and rugs, catering establishments, china and gl ssware, Christmas tree sales, clothes pressing, clothing and costume ental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garde supplies, (year round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the pre . ses, household appliances, hotels and apartment hotels, interior dec rating, jewelry, including repair, laboratories, medical and dental esearch and testing, laundry and dry cleaning pickup, processing 0 be done elsewhere, laundromat, leather goods and luggage, 1 cksmith shops, musical instruments, office supply equipment, ptometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant if no entertainment or dancing s provided, shoes, sporting goods, tailoring, theater, except open air drive-ins, tobacco, toys, variety stores, wearing apparel and similar type uses. 50. Rooming Hou e. Any dwelling in which more than three (3) persons either indi idually or as families are housed or lodged for hire, with or wit out meals. A boarding house or furnished room house shall be de med a rooming house. 51. Setback Bui ding Line. A line back of the lot line that def ines the setback are in all yards. 52. Signs. See Sign Ordinance Subdivision 27 for sign definitions. 53. Street. A ublic thoroughfare which has been dedicated or deeded to the publ c and improved for public use. Zoning Page 6 e e e Subdivision 5 and 6 54. Structure. Anything constructed or erected by man except for fences or walls used as fences or decks eighteen (18) inches or less in height. e 55. Transportation Terminal. Truck, taxi, air, train, bus and mass transit terminal and storage area, including motor freight (solid and liquid) terminal, but only if accessory to a principal use permitted in Industrial Districts. 56. Warehousing. The storage of materials or equipment wi thin an enclosed building as a principal use including packing and crating. 57. Use. The purpose for which land or building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. 58. Yard. An open space on a lot unoccupied and unobstructed from the ground upward. 59. Yard, Front. An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the front lot line and the front line of the building projected to the sidelines of the lot. 60. Yard, Rear. An open, unoccupied space on the same lot with a main building, between the rear line of the building and the rear line of the lot and extending the full width of the lot. e 61. Yard, Side. An open, unoccupied space on the same lot with the main building situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a lot line. Subd. 5. ZONING/ESTABLISHMENT OF DISTRICTS 1. Use Districts Established. The City of Stillwater is hereby divided into Use Districts as hereinafter provided. 2. Maps and Boundaries. The boundaries of these districts are hereby established as shown on a map entitled liThe Zoning Map of the City of Stillwater" on file in the office of the Community Development Director, which map, with all explanatory matter thereon, shall be deemed to accompany, be and is hereby made a part of this ordinance by reference. Subd. 6. INTERPRETATION OF DISTRICT BOUNDARIES. 1. Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the Zoning Map, the following rules shall apply: a. Where Boundaries Approximately Follow Streets, Alleys or Highways. Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys or the centerline or right-of-way line of highways, these lines shall be construed to be the district boundaries. e Zoning Page 7 b. Subdivision 6 Where Boundaries Parallel street Lines, Alley Lines or Highway Right of-Way Lines. Where district boundaries are indicated as ap roximately parallel to the centerline or street lines of st eets, the centerline or alley line of alleys or the cente line or right-of-way lines of highways the district bound ies shall be construed as being parallel thereto and at a istance therefrom as indicated on the zoning map. If no di tance is given, the dimension shall be determined by the use 0 the scale shown on the zoning map. c. Where distr lot bound e Boundaries Approximately Follow Lot Lines. Where ct boundaries are indicated as approximately following ines, the lot lines shall be construed to be the ies. d. Boundaries Follow Railroad Lines. Where the boundary istrict follows a railroad line, the boundary shall be to be located midway between the main tracks of the ad line. e. Where the Boundary Follows a Body of Water. Where the boundary of a istrict follows a stream, lake or other body of water, the b undary line shall be construed to be at the limit of the j risdiction of the City, unless otherwise indicated. ged Areas Not Included in a District. All areas within rporate limits of the City which are under water and are not s own as included within any district shall be subject to all 0 the regulations of the district which immediately adjoi s the water area. If the water area adjoins two or more distr cts, the boundaries of each district shall be construed to e end into the water area in a straight line until they meet he other district. f. e g. ct Regulations Apply to Schools, Parks, Playgrounds and ries. Any areas shown on the zoning map as park, playg ound, school, cemetery, water, street or right-of-way shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regul tions of the most restricted adjoining district shall gover . h. Property has not been Included in a District. In every here property has not been specifically included with rict, or where territory has become part of the City by tions, the same shall be classed as previously zoned and fied by use of the governmental unit prior to annexation. i. Vacat publi zonin publi and a to al on of Public Ways. Whenever any street or alley or other way is vacated in the manner authorized by law, the district adjoining each side of the street, alley or way shall be extended to the center of the vacation 1 area included in the vacation shall then be subject regulations of the extended districts. e Zoning Page 8 Subdivision 7 and 8 Subd. 7. APPLICATION OF REGULATIONS 1. Except as provided in this ordinance: e a. Conformity of Building and Land. No building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, except in conformity with the regulations specified for the district in which is it located as shown on the zoning map. b. Conformity of Buildings. No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for the building, structure or premises for the district in which it is located. c. Conformity of Open Spaces. No yard or open space shall be included as a part of the yard or open space required for any other building, structure or dwelling. Subd. 8. TRANSITION ZONING 1. Lots in Two Districts. Where a district boundary line divides a lot which is in single ownership and of record at the effective date of this ordinance, the district requirements applying to the least restricted portion of the lot shall be considered as extending to the entire lot. e 2. Lots in Residential Zone Adjacent to Business or Industrial Zone. A residentially zoned lot having a side yard adjacent to any commercial or industrial district may be utilized in accordance with the use requirements of the next least restricted residential zone, provided that the area, height and other restrictions of the zone district in which it is located are met. 3. Lots in Business or Industrial Districts Adjacent to a Residential Zone. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along the abutting lines a yard equal in width or depth to that required in the residential district. 4. Front Yard Transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district. 5. Corner Lot Transition. On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on the side street. e 6. Parking Lots and Driveways Abutting Residential Districts. Whenever a parking lot or driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a solid masonry wallar a Zoning Page 9 Subdivision 8 and 9 substantial ightly fence not less than six (6) feet high and not more than ei ht (8) feet high, shall be constructed and maintained along the si e or rear lot line up to, but not beyond, the setback building lin. In addition, in all use districts, the lighting, ~ including a y permitted illuminated sign, on any parking lot or driveway sha 1 be arranged so that there will be no annoying glare directed or reflected toward a residence building or residential districts. 7. Reversed Cor er Lot Abutting Residential District. In the case of a reversed orner lot where the rear of a lot in a commercial district abu s upon the side of a lot on any residential district there shall e a rear yard of not less then 25 feet, provided further that where a public alley at least 25 feet in width separate the rear of the lot i the commercial district and the side of the lot in the residential istrict, no rear yard shall be required. Subd. 9. NONCONFORMING SES. The lawful use of any bu"lding, structure or land existing at the effective date of this ordinance may b continued although the use does not conform with the provisions hereof, provi ed the following conditions are met: 1. Alterations. A nonconforming building or structure may be altered, improved or reconstructed provided the work does not exceed in aggregate cost 50 percent of the replacement cost of the building or structure at the time the alteration is proposed to be made. 2. Extension. nonconforming use shall not be extended to any portion of a nonconf rming building or structure. e 3. nonconforming building, structure or use shall be other nonconforming use. 4. Construction Approved Prior to Ordinance. Nothing herein contained shall requi e any change in plans, construction or designated use of a buildi g or structure for which a building permit has been issued and he construction of which shall have been diligently prosecuted nd which entire building shall be completed according to the plan as filed within one (1) year from the effective date of this ordinance. 5. Restoration. Nothing in this ordinance shall prevent the reconstruct" on, repairing, rebuilding and continued use of any nonconformi 9 building or structure damaged by fire, collapse, explosion or Acts of God subsequent to the date hereof, provided the expense of he work does not exceed 50 percent of the replacement cost of the uilding or structure at the time the damage occurred. 6. Wear and T ar. Nothing in this ordinance shall prevent the reconstruct' on, repairing or rebuilding of a nonconforming building, structure 0 part thereof existing at the effective date of this ordinance, endered necessary by wear and tear, deterioration or depreciatio , provided the cost of the work shall not exceed 50 percent of t e replacement cost of the building or structure at the time the wo k is done, nor prevent compliance with the provisions of the Buil ing Code relative to the maintenance of buildings or e Zoning Page 10 Subdivision 9 and 10 structure. 7. Abandonment. A nonconforming use of a building or premises which has been abandoned shall not thereafter be a lawful nonconforming use. A nonconforming use shall be considered abandoned: e a. When the intent of the owner to discontinue the use if apparent or one year after the use is discontinued. b. When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year. c. When it has been replaced by a conforming use. d. When it has been changed to another use under permit from the City Council. 8. Displacement. No nonconforming use shall be extended to displace a conforming use. 9. Cessation - Junk and Wrecking Yards. No junk or automobile wrecking yard, not within an enclosed masonry building and not within a heavy industrial or unrestricted industrial district, shall be operated or maintained for more than six months after a zoning change to a use district within which such yard is not permitted. 11. Unlawful Use Not Authorized. Nothing in this ordinance shall be interpreted as authorization for or approval of the continuance of the use of a building or premises in violation of zoning law. Certificate of Nonconforming Use. At the effective date of this ordinance, the building official shall issue a "Certificate of Nonconforming Use" to all owners of property, the use of which does not conform to the provision of the use zone in which the property is located. 10. e a. In accordance with the provlslons of this section, no use of land, buildings or structures shall be made other than as specified in the "Certificate of Nonconforming Usell unless the use shall be in conformity with the provisions of the use zone in which the property is located. b. A copy of each "Certificate of Nonconforming Use" shall be kept on file in the office of the building inspector and no permit or license shall be issued to any property for which such a certificate has been issued until the permit or license has been approved by the City Council. 12. District Changes. Whenever the boundaries of a district are changed to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any use that becomes nonconforming thereby. Subd. 10. USE DISTRICTS. The City is hereby divided into Use Districts which shall be known as follows: e 1. RA - One Family Districts 2. RB - Two Family Districts 3. RCL - Low Density Multiple Family Residence District Zoning Page 11 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Subdivision 10 and 11 RCM - Medium Density Multiple Family Residence District RCH - High D nsity Multiple Family Residence District CA - General Commercial CBD - Centr 1 Business District PA - Public Administrative Office District BP-C Busine sPark - Commercial District BP-O Busine sPark - Office District BP-I Busine sPark - Industrial FP - Flood Pain Overlay District BS - Bluffl djShoreland Overlay District e Subd. 11. RA ONE FAMILY DISTRICTS. 1. Permitted B ildings and Uses. In a One Family District, the following bu ldings and uses and their accessory buildings and uses are permitte a. Dwelli 9 houses, each occupied by not more than one family. b. Parks nd playgrounds. 2. Permitted Us s with Special Use Permits for the City Council. In a One Family District, the following buildings and uses and their accessory bu ldings and uses may be permitted by special use permit from the Cit Council: a. Hospit is, nursing homes and resthomes. b. c. d. 3. Public and private primary and secondary schools including access ry buildings and uses located upon property contiguous to tha occupied by the main building or buildings. e Cemete ies. and other places of worship. e. a main building, the office of a surgeon, physician, en, architect, engineer, attorney, similar professional or licensed personal service practitioner who resides main building and employs in the office not more than resident office or laboratory assistant. f. Other commercial uses found not to be objectionable to the neig rhood in which they are proposed to located. es. Uses and buildings incidental to permitted or tted uses shall be subject to the following regulations: a. imum lot coverage of all accessory buildings including d and detached private garages and other accessory gs shall be 1,000 square feet or 10 percent of the lot ichever is less. b. The t tal ground coverage of the accessory building or build" gs shall not exceed the ground coverage of the principal build"ng. e c. two accessory buildings, one private garage and Zoning Page 12 Subdivision 11 one other accessory building, 120 square feet maximum, shall be located on a residential premises. e d. An accessory building shall not be designed or used for human habitation, business or industrial accessory use. 4 . Development Regulations. a. Area, Setbacks and Height Regulations: PROVISION SINGLE FAMILY 1. Maximum Building Height: 2. 3. 4. 5. 6. e Main Building 2-1/2 stories and 35 feet Accessory Building 1 story - 20 feet Minimum Lot Area 10,000 sq. feet. Minimum Lot Width 75 feet Minimum Lot Depth 100 feet Maximum Lot Coverage 30% Minimum Yard Requirements: Front Yard 30 feet Side Yard 10 feet Corner Lot Street Side Yard 30 feet Rear Yard 25 feet 7. Frontage Requirements At least 25 feet on an improved public street. b. Exceptions: e 1. Front Yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure hereafter erected, structurally altered or enlarged may conform to the established setback but in no case a setback of less than 20 feet be allowed. 2. Front Yard. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adj acent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less then 20 feet be allowed or greater than 30 feet be required. Zoning Page 13 3. Subdivision 12 orner Yard. For corner lots where the corner side yard etback or front yard setback for the main building on he adjacent lot on the same street is less than the equired setbacks, the corner lot setback for the djacent main building shall govern, but in no case shall setback of less than twenty feet be allowed. e 4. ide Yard. When there is an attached garage on one side f the dwelling, the garage setback is 5 feet provided hat no habitable floor area is closer than 10 feet from he property line and provided that the garage is a inimum of 15 feet from the nearest structure on the djacent lot. 5. ide and Rear Yard. An accessory structure located ntirely in the side yard at least 6 feet from the main uilding shall have a minimum side and rear yard setback f 5 feet. Subd. 12. RB TWO FAMILY DISTRICTS 1. Permitted Bu "ldings and Uses. In a Two Family District the following buildings a d uses and their accessory buildings and uses are permitted: a. All bu ldings and uses permitted in a One Family District as set fo th in Subd. 11(1). b. Dwelli g houses, each occupied by not more than two families. e c. Custom ry home occupations carried on for gain in the main buildi g, provided that no nonresident help is employed for the pu ose, no more than 25 percent of the total floor space of the building is used for the purpose, no articles offered for sa e shall be displayed so as to be visible from any street and 0 ly articles made upon the premises shall be sold or offere for sale thereon. 2. Permitted Us s with Special Use Permits from the City Council. In a Two-Famil District, the following buildings and uses and their accessory bu"ldings and uses may be permitted by special use permit from the Cit Council: a. All b ilding and uses permitted by special permit in a One Famil District as set forth in Subd. 11(2). b. Local retail businesses, of the "corner store" variety, norma ly required for the daily needs of the residents of the local"ty, such as establishments for sale of dairy products, delic tessen, fruits, vegetables, groceries, meats and other conve ience items, provided that provision be made for loading space. c. Multi Family Dwellings. e d. Bed a d Breakfast establishments. SEE CHAPTER 31.01 SUBD. Zoning Page 14 Subdivision 12 25(1)(f). 3. Accessory Uses. Uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations: e a. The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or 10 percent of the lot area whichever is less. b. The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the principal building. c. No more than two accessory buildings, one private garage and one other accessory buildings, 120 square feet maximum, shall be located on a residential premises. d. An accessory building shall not be designed or used for human habitation, business or industrial accessory use. 4. Development Regulations: a. Area, Setbacks and Height Regulations: Single Family Duplex Multifamily 1. Maximum Building Height: e Main Building 2-1/2 stories and 35 feet 2-1/2 stories and 35 feet 2-1/2 stories and 35 feet Accessory Building 1 story/20 feet 1 story/20 feet 1 story/20 feet 2. Minimum Lot Area Single Family Minimum Lot area per dwelling 7,500 sq. feet 10,000 sq. ft. 15,000 sq. ft. 7,500 sq. feet 5,000 sq. ft. 5,000 sq. ft. 3. Minimum Lot Width 50 feet 75 feet 75 feet 4. Minimum Lot Depth 100 feet 100 feet 100 feet 5. Maximum Lot Coverage 30% 40% 40% 6. Minimum Yard Requirements: Front Yard 30 feet 30 feet 30 feet Side Yard 10 feet or 10% 10 feet 10 feet of lot width Corner Lot Street Sideyard 30 feet 30 feet 30 feet e Rear Yard 25 feet 25 feet 25 feet 7. Frontage Requirements For all buildings at least 35 feet of frontage on an improved public street. Zoning Page 15 Subdivision 13 b. Except' ons : 1. ront Yard. Where a uniform yard setback exists which . s less than 30 feet, any building or structure hereafter rected, structurally altered or enlarged may conform o the established setback but in no case shall a setback ess than 20 feet be allowed. e 2. ront Yard. Where a uniform front yard setback does not xist, then the minimum required setback shall be the verage of the setback of the two adjacent main uildings; or if there is only one (1) adjacent main uilding, the setback of the main building shall govern, ut in no case shall a setback less then 20 feet or reater than 30 feet be required. 3. orner Yard. For corner lots where the corner side yard etback or front yard setback for the main building on he adjacent lot on the same street is less than the equired setbacks, then the corner lot side yard setback for the proposed structure may conform to the setback for the adjacent main building but in no case shall a setback less than twenty feet be allowed. Side Yard. When there is an attached garage on one side f the dwelling, the garage setback is 5 feet provided that no habitable floor area is closer than 10 feet from the property line and provided that the garage is a inimum of 15 feet from the nearest structure on the adjacent lot. e 4. 5. Side and Rear Yard. An accessory structure located entirely in the rear yard or located in the side yard at least 6 feet from the main building shall have a minimum side and rear yard setback of 5 feet. Subd. 13. RCL - LOW DE SITY MULTIPLE FAMILY RESIDENTIAL DISTRICT. 1. Uses Permit Special Use Permit. a. Townh uses, group or row houses. b. Publi education, religious and institutional buildings. c. Bed a d Breakfast establishments (see Chapter 31.01 Subd. 25 (l)(f)). 2. Accessory U a. Custo ary home occupations. b. Off s reet parking and loading facilities. c. Priva e Recreation Facilities. a. b. c. Lot Area shall be 20,000 square feet. Lot Area per dwelling unit shall be 7,000 square feet. building height shall be 35 feet. e 3. Area Zoning Page 16 e e e Subdivision 14 d. Minimum open space per dwelling unit shall be 1,500 square feet. 4. Recreation Facilities. Srone as Subd. 15(4) of the Chapter. 5. Yard and Setback Requirements. a. b. Front Yard Side Yard Rear Yard 35 feet 50 feet 50 feet c. d. Accessory buildings shall conform to the above requirements for principal buildings. e. No principal building may be constructed within 50 feet of another. 6. Landscaping and Screening. a. All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, storm water and ground water in such a manner as to preclude large scale erosion and unwanted ponding. b. All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. c. Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of a least four feet by shrubbery, wood or masonry materials. Subd. 14. RCM - MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT. 1. Uses permitted by Special Use Permit: a. Multiple dwellings and condominiums containing three or more dwelling units. b. Customary home occupations. c. Bed and Breakfast establishments. SEE CHAPTER 31.01 SECTION 25(1)(f). 2. Accessory Uses. a. Off street parking and loading facilities b. Private recreation facilities. 3. Conditional Uses. a. One and two family dwellings b. Public, educational, religious and institutional buildings. Zoning Page 17 4. e. Area a. b. c. Max d. Max e. Max Yard c. d. 5. a. b. Subdivision 15 c. e houses. commercial uses found to be objectionable to the rhood in which they are proposed to be located. e of a "corner store" nature. lot area shall be 12,000 square feet. lot area per dwelling unit shall be 2,800 square feet. lot coverage shall be 30 percent. Floor Area Ration (FAR) shall be .75. building height shall be three (3) stories. Requirements: 35 feet 20 feet 45 feet d. Access ry Buildings shall be required to maintain a front yard t 45 feet and side and rear setback of at least 10 feet. e. s where more than one principal building is located on e site no building may be constructed within 35 feet her. f. One an Two Family dwellings may be allowed to conform to the (RB) D"strict Yard requirements. g. he adjacent building or buildings are located with a less than is required above, a multiple dwelling may itted to be located up to the point of the lesser requirement. 6. Recreation F cilities. There shall be 200 square feet per dwelling unit or 10 p rcent of the gross project area, whichever is greater, specificall designed, developed and maintained by the owner for recreation urposes such as follows: Children's play apparatus, swimming an wading pools, game areas, such as tennis and horseshoe courts, picn"cking and outdoor cooking facilities, etc. In addition, the Council t is discretion may require that the developer provide public park pace according to the City Park Dedication requirements. 7. and Screening. The same as set forth in Subd. 13(6), ity Multiple Family District Subd. 15. RCH - HIGH D NSITY MULTIPLE FAMILY RESIDENTIAL DISTRICT. 1. e Purpose. requirement area of the he purpose of this section is to provide density for multiple dwellings to be built in the redevelopment City. Zoning Page 18 Subdivision 15 2. Area Requirements. e a. b. c. d. Minimum lot area shall be 11,000 square feet. Minimum lot area per dwelling unit shall be 1,500 square feet. Maximum Floor Area Ration (FAR) shall be 1 to 2. Floor Area Ratio is the numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. Maximum building height on any elevation shall not exceed 40 feet. 3. Yard and Setback Requirements. a. Front Yard - Setback requirements shall be determined by setbacks that exist on the two adjacent properties. If the two adjacent properties do not have a common setback, then a setback of a distance equal between the two setbacks shall be required. A setback of at least 10 feet shall be maintained at corner lots and where there is no adjacent structure. e b. Side Yard - A setback of at least twenty (20) feet shall be maintained. A sideyard setback of zero (0) may be allowed if no openings are in the side of the structure and the structure abuts another structure with no openings. If this is the case, the sidewall must be of fire wall standards required by the Uniform Building Code. Side yard setbacks on a corner lot shall conform to existing setbacks on the block or if no setback exists, it shall be ten (10) feet. c. Back Yard - A setback of a least twenty (20) feet shall be maintained. A rear yard setback of zero (0) may be allowed if no openings are in the rear of the structure and the structure abuts another structure with no openings. If this is the case, the rear wall must be of fire wall standards required by the Uniform Building Code. d. In cases where more than one principal building is located on the same site, the following setbacks shall be required. 1. Walls containing windows shall not be closer than forty (40) feet. 2. Walls that have no openings may be zero (0) feet apart but must be of fire wall standards required by the Uniform Building Code. 4. Recreation Facilities. e a. Ten (10) percent of the gross project area shall be specifically designed, developed and maintained for recreational purposes such as: Children I s play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the Council at its discretion may require that the developer provide public park space according to the Zoning Page 19 Subdivision 16 City P rk Dedication requirements. 5. Landscaping a d Screening. The same as set forth in Subd. 13 (6) RCL Low Density ulti Family District. Subd. 16. CA - GENERAL OMMERCIAL DISTRICTS. 1. Permitted Bu"ldings and Uses. In a General Commercial District the following bu"ldings and uses and their accessory buildings and uses are permitte a. b. c. d. ful retail businesses, including supermarkets. ture of baked goods, provided not more than five persons are e loyed in such business. Depar ent stores. Establ" shment for the sale of china, floor covering, hardware, furnit re, household goods and appliances, paint, wallpaper, materi is and objects of interior decorating. Establ"shments for the sale of books, magazines, newspapers, tobacc products, drugs, flowers gifts, music, photographic suppli s, sporting goods, stationery and the like. Eating places such as lunchrooms, restaurants and cafeterias and pi ces for the sale and consumption of soft drinks, juices, ice cr am and beverages of all kinds, but excluding "drive - in" es ablishments. Servic establishments such as barber or beauty shops; custom tailor laundry agencies and self-service laundries; laundr es, shoe repair shops; dry cleaning, pressing or tailor ng shops; printing shops; radio and television stations; teleph ne exchanges and the like. Busine s and professional office and office buildings. Hotels and motels. Funera homes and mortuaries. Automo ive sales, service and storage, excluding gasoline fillin stations. Transp rtation stations and terminals. Amusem nt and recreational establishments such as armories, assemb y halls, bowling alleys, dance halls, pool and billiard parlor , skating rinks and other social, sport or recreational center operated as a business, provided the place or building in whi h it is operated is sufficiently sound insulated to effect vely confine the noise to the premises. Office display or sales space of a wholesale, jobbing or distr" uting establishment not specifically mentioned as permit ed only in a less restricted district, in connection with w ich not more than 25 percent of the floor area of the buildi g or part thereof occupied by said establishment is used for m ing, assembling, remodeling, repair, altering, finishing or ref nishing its products or merchandise; and provided that: e. f. g. h. i. j. k. l. m. n. 1. y resulting cinders, dust, fumes, noise, odors, refuse atter, smoke, vapor or vibration is effectively confined o the premises. he ground floor premises facing upon and visible from major street upon which the premises abut shall be used nly for entrances, office or display. 2. Zoning Page 20 e e e Subdivision 17 o. Any other building, use or service similar to those hereinbefore listed in the type of services or goods sold, in the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areas. Any accessory use customarily incident to a use authorized by this Subdivision. e p. 2. Permitted Uses on Special Permits from the city Council. In a General Commercial District, the following buildings and uses and their accessory buildings and uses may be permitted by special permit from the City Council: a. Manufacture of baked goods and laundries where more than five persons are employed in the businesses. b. Bottling works. c. Carpet, bag and rug cleaning establishments. d. Gasoline filling stations. e. Residences of all classes. f. other commercial or industrial uses found not to be objectionable to the neighborhood in which it is proposed to be located. 3. Development Regulations. a. Front Yard. Requirements and exceptions same as in One-Family Districts, Subd. 11 (4)(a)(6) of this Chapter. b. Side yard. e 1. Interior Lot Lines. When no openings are provided in walls adjacent to interior lot lines, no side yard shall be required; otherwise, there shall be a side yard of not less than 4 feet. 2. Corner Lots. On corner lots there shall be a side yard on the street side equivalent to 50% of the front yard required on the adjacent lot fronting on the side street. In no case, however, shall any side yard be less than 15 feet, (or 40 feet measured from the centerline of the side street), whichever is greater. 3. Rear Yard. There shall be a rear yard of not less than 15 feet. Subd. 17. CBD - CENTRAL BUSINESS DISTRICT. 1. PURPOSE: To provide a district for general community commercial, office and entertainment uses. 2. PRINCIPAL PERMITTED USES AND BUILDINGS. The following are permitted uses: c. d. Administrative, executive and financial offices. Medical and dental offices. Business and technical schools. Schools and studios for arts and crafts. Photography, music and dance. e a. b. Zoning Page 21 3. 4. 5. e. f. g. h. i. a. b. c. d. e. f. g. h. i. Subdivision 17 Profes ional, editorial, real estate, insurance and other office . stores shops, general retail and offices supplying commodities and pe forming services for city residents and surrounding commun ties, such as department stores, specialty and antique shops, banks, business offices, and other financial institution and pe sonal services, enterprises such as barber and beauty shops, laundry and clothes cleaning establishments. Manufa turing of baked goods. Establ shments selling china, floor covering, hardware, furnit re, household goods and appliance, paint, wallpaper and materi is and objects of interior decorating. Clubs nd lodges. e CIAL USE WITH SPECIAL USE PERMIT. uses are permitted by Special Use Permit: j. k. l. m. n. o. p. q. r. ial recreational uses. ants, cafes and other food service establishments. parking facilities for more than five cars. structures. ial recreational entertainment. ces of all classifications. g and publishing or lithographic shops. Superm rkets. Drive-' n restaurants, eating places or any other use involving a driv -in or drive-through activity. Funera homes and mortuaries. Transp rtation stations, terminals and facilities. Public utility transmission lines and facilities. Outsid eating establishments. Outsid entertainments. Commercial. * Helipo s. Servic stations or fuel sales. Outsi sales or special events.* Hotels, motels or other uses providing visitor overnight acco dations. Clean light industrial compatibility with surrounding areas. Outsi e storage. (All outside storage shall be screened by a sol"d wall or fence and landscaping for public view.) e s. t. * e uses may be approved directly by the City Council if event is a one time special event not occurring on a lar basis. A Special U e Permit may be required when any other use or service establishme t determined by the Planning Commission to be the same general cha acter as the foregoing uses and which will not impair the present r potential use of adjacent properties may be permitted. e a. of buildings: Maximum Minimum 4 stories 2 stories 50 feet 2) fe:t Zoning Page 22 e e e Subdivision 18 Infill within 10% of height of adjacent building. b. Minimum lot area 10,000 square feet. c. Setbacks: Front Rear Side 15 feet 20 feet 20 total for two sides (10' - 10' or 0-20') 80% of lot area Lot coverage Landscaped area minimum 20% of lot area . d. Landscaping Area minimum 20% of lot area The front and corner sideyard setbacks shall be landscaped. e. Exceptions: For inf ill lots, the front, side and rear setback may be similar to the setback for the adjacent buildings. Subd. 18. PA - PUBLIC ADMINISTRATIVE OFFICES DISTRICT. 1. PURPOSE: To provide a district for public, semi-public uses and offices. 2. PRINCIPAL PERMITTED BUILDINGS AND USES. In the Public Administrative Office District, the following buildings and uses and their accessory buildings and uses are permitted: a. Administrative offices. b. Medical offices. c. Group daycare. d. Schools - public, private, business and technical, studios for arts, crafts, photography, music and dance. e. Public uses - library, post office. f. Churches and other places of worship. 3. PERMITTED USES BY SPECIAL USE PERMIT. In the Public and Administrative Office District, the following buildings and uses, and their accessory buildings and uses may be permitted by Special Use Permit. a. Single family, duplex and multi-family residential uses subject to RCM regulations. b. Hospitals, convalescent hospitals and nursing homes. 4. USE DETERMINATION. Any other use or service establishment determined by the City Council to be of the same general character as the foregoing uses and which will not impair the present or potential use of adjacent properties may be permitted by Special Use Permit. 5. GENERAL REGULATIONS. a. Height of building - maximum: Principal building use 35 feet 2 stories Zoning Page 23 Subdivision 19 c. Setback Front Rear Side Corne side building 1 story 20 feet b. Min" area: 10,000 square feet e 30 feet 25 feet 20 feet 20 feet d. al requirements: All pa king areas for three or more cars adjacent to reside tially zoned land shall be setback a minimum of ten feet and 1 ndscaped to screen the parking area from the reside tially zoned land. Subd. 19. BP-C BUSINESS 1. PURPOSE: To rovide a district for general community commercial and office uses. 2. a. Wholes le trade. b. Retail - general merchandise. c. Specia ty retail. d. Food - retail. e. Eating and drinking places and cafes. e f. Financ , insurance and real estate office services. g. Person 1 services such as dry cleaning and beauty salons. h. Busine s, professional and medical office services. i. Fast f od outlets. 3. The following uses are permitted by Special a. Retail trade not previously specified. b. Cultur 1 facilities such as theatres, libraries, art galleries and th atres. c. Auto r pair and related services. d. Daycar facilities, including preschools. e. Hotel/ otel. f. Outsid sales areas. g. Drive hrough business. h. Commer ial nurseries. 4. A Special U e Permit may be granted for other uses or service determined t be of the same general character as the foregoing uses and which wi 1 not impair the present or potential use of adjacent properties. The findings of "same general character1l shall be made by the Plann ng Commission and the Special Use Permit approved and ~ issued by th Council. ~ Zoning Page 24 Subdivision 20 5 . GENERAL REGULATIONS: e a. b. Height of buildings maximum Minimum lot area Setbacks: 40 feet 1/2 acre c. Front Rear Side Abutting residential district 40 feet 30 feet 20 feet 75 feet d. Lot area coverage maximum impervious 60% of lot area e. Landscaping area, minimum 20% of lot area f. Front and sideyard setbacks shall be landscaped. 6. DESIGN REGULATIONS: a. See West Business Park Plan Special Site and Design Guidelines pages 18 - 20. Subd. 20. BP-O BUSINESS PARK OFFICE DISTRICT 1. PURPOSE: To provide a district for office uses. 2. PERMITTED USES: The following are permitted uses: e a. b. c. Business, professional and medical office services. Finance, insurance and real estate office services. Research facilities. 3. SPECIAL PERMITTED USES: The following uses are permitted by Special Use Permit. a. Governmental and educational institutions. b. Daycare facilities, including preschool. c. Wholesale trade. d. Retail - general merchandise. e. Eating and drinking places and cafes. f. cultural facilities (theatres, libraries, museums, art galleries, etc.) g. Warehousing and inside storage. 4 . USE DETERMINATION: A Special Use Permit may be granted for other uses or service determined to be of the same general character as the foregoing uses and which will not impair the present or potential use of adjacent properties. The finding of "same general character" shall be made by the Planning Commission and Special Use Permit approved and issued by the Council. 5. GENERAL REGULATIONS: e a. b. c. Height of buildings maximum Minimum lot area Setbacks: 40 feet 1 acre Front 40 feet Zoning Page 25 d. e. f. Subdivision 21 30 feet 20 feet 75 feet 60% of lot m-ea 20% of lot area landscaped. e Rear Side Abutting residential district coverage maximum impervious ing area, minimum d sideyard setbacks shall be 6. DESIGN REGULA IONS: a. Business Park Plan Special Sites and Design Guidelines - 20. Subd. 21. BP- I S PARK INDUSTRIAL DISTRICT. 1. PURPOSE: To rovide a district for light industrial and office uses. 2. a. b. 3. 4. are permitted uses: c. d. Limite storag electr Automo repair Resear Busine Financ manufacturing conducting a process, fabrication, or manufacturing of light materials including nic components and accessories. ive painting, upholstering, tire recapping and major when conducted completely in an enclosed building. h laboratories. s, professional and medical office services. , insurance and real estate office services. e. e a. b. Radio Printi Genera Outsid Mini-s Wholes Commer Retail more t purpos Cultur fire s nd television facilities. g, publishing and allied industries. warehousing and outside storage. storage (must be screened). orage. le trade. ial nurseries. sales of products manufactured on site so long as no an twenty percent of building floor area is for retain s. 1 or governmental facilities (movie theatre, libraries, ations) . c. d. e. f. g. h. i. A Special Us Permit may be granted for other uses determined to be of the same eneral character as the foregoing uses and which will not impair t e present or potential use of adjacent properties. The findings of 'same general character" shall be made by the Planning Commission a d the Special Use Permit approved and issued by the council. 5. GENERAL REGU TIONS. e a. Height of building aximum 40 feet Zoning Page 26 l1li""'" b. c. e d. e. f. Subdivision 22 Minimum lot area 1 acre Setbacks: Front Rear Side Abutting residential district Lot area coverage maximum impervious Landscaped area, minimum Front and sideyard setbacks shall be 40 feet 30 feet 20 feet 75 feet 60% of lot area 20% of lot area landscaped. 6. DESIGN REGULATIONS: Subd. 22. Flood Plain Control 1. e a. See West Business Park Plan Special Site and Design Regulations pages 18 - 20. FLOOD PLAIN OVERLAY DISTRICT Area. The Flood Plan Overlay District shall consist of all lands within the jurisdiction of the City of Stillwater shown on the Flood Insurance Rate Maps (dated February 1, 1984) prepared by the Department of Housing and Urban Development with designated Zone A or numbered Zone A areas. Said maps shall be on file in the office of the city clerk. The Flood Insurance Study for the City of Stillwater prepared by the Federal Insurance Administration dated February 1, 1984 and the water surface profiles and flood boundaries and flood maps therein are hereby made a part of the official zoning map and this ordinance. 2. Where interpretation is needed as to the exact location of flood plain boundaries, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Ci ty Council shall make the necessary interpretation based on elevations on the regional (100 year) flood profile and other available data. Persons contesting the location of the boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. 3. Scope. Within the Flood Plain Overlay District, in addition to adhering to all requirements as prescribed herein, all structures constructed or altered to the extent of greater than fifty percent (50%) of their current market value shall be required to adhere to the zoning requirements relating to nonconforming uses and prescribing permitted uses and area requirements for the lot on which they are located. 4. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. e a. Equal Degree of Encroachment. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Zoning Page 27 b. """'III Subdivision 22 Flood. A temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of norma ly dry ares. e c. Flood Fringe. That portion of the flood plain outside of the flood ay. Flood fringe is synonymous with the term "floodways fring " used in the Flood Insurance Study for Stillwater. On th st. Croix River, the Flood Fringe includes the flood plain area between the ordinary high water mark of the river and t e outer limits of the flood plain. d. Flood Plain. The areas adjoining a watercourse which have been or he eafter may be covered by a regional flood. e. Flood proofing. A combination of structural provisions, chang s or adjustments to properties and structures subject to fl oding, primarily for the reduction or elimination of flood damage. f. aYe The channel of the water course and those portions adjoining flood plain which are reasonably required to and discharge the regional flood. g. h. A flood which is representative of large known to have occurred generally in Minnesota and ably characteristic of what can be expected to occur on erage frequency in the magnitude of the 100-year recur ence interval. Regional flood is synonymous with the term 'base floodll used in the Flood Insurance study. e Flood Protection Elevation. The Regulatory Flood tion Elevation shall be an elevation no lower than one ove the elevation caused by encroachments on the flood that result from designation of a floodway. 5. General. Ai structures hereafter constructed within the Flood Plain Overlay Dis rict shall be required to adhere to standard flood- proofing te hniques and practices as required herein, by the State of Minnesot Department of Natural Resources and by the U.s. Army Corps of En ineers up to the Flood Protection Elevation. The Flood Protection levation is that point not less than one (1) foot above the water s rface profile associated with a regional flood, plus any increases i flood stages attributable to encroachment upon the flood plain as de ined. Flood Proofing. Where flood proofing is incorporated into new buildings 0 structures and into alterations or additions to existing nonconformi g structures, flood proofing measures shall be provided to the Floo Protection Elevation and designed to withstand flood velocities, depths, durations, forces and any other factors associated ith the regional flood. A plan or document certified by a regist red professional engineer or architect that the flood proofing me sures are adequately designed to withstand regional flood conditions shall be submitted to the City for approval before authorizati n is granted for the proposed work. Authorized flood proofing me sures shall include such provisions as the anchorage of 6. e Zoning Page 28 Subdivision 22 e structures to prevent floatation, the installation of watertight barriers over openings, the reinforcement of walls to resist water pressures, the use of material to reduce wall seepage, the construction or modification of water supply and waste disposal systems to prevent entry of flood waters, the placement of essential utilities above the flood protection elevation and subsurface drainage. Electrical and heating equipment within these structures shall be at or above the flood protection elevation for the site or shall be adequately flood proofed. 7. Establishment of Zoning District. 1. The flood plain areas within the jurisdiction of this chapter are hereby divided into three districts: Floodway District (FW), Flood Fringe District (FF) and General Flood Plain District (GFP). a. Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. b. Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study as def ined in Subd. 3 of this section. e c. General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map. 2. The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts all uses not allowed as Permitted Uses or permissible as Conditional Uses shall be prohibited. 8. Floodway District (FW). 1. Permitted Uses. The following uses have a flood damage potential and do not obstruct flood flows. These uses shall be permitted within the floodway district to the extent that they area not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch or any other drainage facility or system. a. Agr icul tural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. e b. Industrial-Commercial uses such as loading areas, parking areas and airport landing strips. c. Private and public recreational uses such as golf Zoning Page 29 Subdivision 22 courses, tennis courts driving ranges, archery ranges, icnic grounds, boat launching ramps, swimming areas, arks, wildlife and nature preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single ~ or multiple purpose recreational trails. ,., 2. Condi ional Uses. The following open spaces uses require acces ory structure (temporary or permanent) or fill or storage of ma erials or equipment. These uses may be permitted in the fl odway district only after the issuance of a Conditional use P rmit. These uses are also subject to the provisions of Secti n 3, Standards for Floodway Conditional Uses below which appli s to all floodway conditional uses. a. Structures accessary to open space uses. b. Placement of fill. c. Extraction of sand, gravel and other materials. d. Marinas, boat rentals, docks, piers, wharves and water control structures. e. Railroads, streets, bridges, utility transmission lines and pipelines. f. Storage yards for equipment, machinery or materials. g. other uses similar to nature to uses described in Sections 1 and 2 above which are consistent with the provision set out in this section. 3. Stand ds for Floodway Conditional Uses. a. All Uses. No structures (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a Conditional Use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increase flood heights. In addition, all floodway Conditional Uses shall be subject to the following standards. e b. Fill. 1. Any fill deposited in the floodway shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 2 Conditional Uses above. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. 2. Spoil from dredging or sand and gravel operation shall not be deposited in the floodway unless it can be done in accordance with (1) of this section. 3. Fill shall be protected from erosion by vegetative cover. e c. Accessory structures (temporary or permanent) permitted as Conditional Uses by No. 8(2)(a) Conditional Uses Zoning Page 30 above. 1. e Subdivision 22 Accessory structures shall not be designed for human habitation. 2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 3. Accessory structures shall be flood proofed in accordance with the state Building Code. 4. storage of materials and equipment. a. The storage or processing of material that are in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area wi thin the time available after a flood warning. e 5. Structural Works for Flood Control. Levees, dikes and floodwalls shall not be constructed within the limits of the floodway district. Other structural works for flood control such as dams and channel enlargements that will change the course, current or cross-section of public water shall be subject to the provisions of Minnesota Statutes, Chapter 105. 9. Flood Fringe District (FF). 1. Permitted Uses. The following uses shall be permitted uses within the flood fringe district to the extent that they are prohibited by any other ordinances: e a. b. Any use permitted as Floodway Permitted Uses. Accessory structures provided they comply with the standards for Floodway Conditional Uses (c). Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (1) foot below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip-rap or vegetative c. Zoning Page 31 Subdivision 22 covering. Residences constructed on fill shall be subject to the vehicular access requirements described in the Standards for Flood Fringe Uses ~ (c) below. No use shall be permitted which will ~ adversely affect the capacity of the channels or floodways of any tributary to the main stream or of any drainage ditch or any other drainage facility or system. 2. nditional Uses. other uses are permitted only upon plication to the Community Development Director and e issuance of a Conditional Use Permit as subject to e following provisions: a Nonresidential Structures. Commercial manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor, including the basement, is above the regulatory elevation, but may in special circumstances be flood proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood proofed to FP-l or FP-2 classification as defined by the State Building Code. structures flood proofed to FP-3 or FP-4 classification and flood proofing by the use of dams, dikes and levees shall not be permitted. 3. S andards for Flood Fringe Uses. e a. Residential Uses. Residence that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on the period of use or occupancy of the residence. Commercial Uses. Accessory land uses, such as yards railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the are would inundate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. Manufacturing and Industrial Uses. Measure shall be taken to minimize interference with normal plant operation especially along streams having protracted flood durations. Certain accessory land e uses such as yards and parking lots may be at lower elevations subj ect to requirements set out in (b.) above. In considering permit applications, due Zoning Page 32 e 10. 11. e e Subdivision 22 consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. General Flood Plain District. 1. Permitted Uses. Permitted uses shall include those permitted as floodway permits uses. 2. Conditional Uses. All other uses are Conditional Uses and are permitted only upon the issuance of a special permit. The General Flood Plain District includes the entire flood plain and does not differentiate between those areas that are floodway and those areas that are flood fringe. Because of this, The Planning Commission shall determine whether the proposed use is in the floodway or flood fringe using procedures established for evaluation proposed conditional uses within the General Flood Plain District (12) below. If it is determined that the proposed use lies in the flood fringe, the provisions of the Flood Fringe Regulations shall be used to regulate the project. Subdivision of Land. No Land shall be subdivided which is held unsuitable by the Planning Commission for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. In the General Flood Plain District, applicants shall provide the information required in No. 13 of this section below. The Planning Commission shall evaluate the section in accordance with procedures established in No. 13 below. 12. Mobile Homes and Mobile Home Parks. 1. New mobile home parks and expansions due to existing mobile home parks shall be subject to the provisions placed on by No. 11, Subdivision of Land, above. 2. Mobile homes in existing mobile home parks that are located in flood plain districts are nonconforming uses and may be replaced only if in compliance with the following conditions: a. b. The mobile home lies in the flood fringe district. The mobile home is anchored with tie downs that comply with requirements of Minnesota Regulations MOH 450. The mobile home owner or renter is notified that the mobile home site lies in the flood plain and may be subject to flooding. The mobile home park owner develops a flood emergency plan consistent with the time available after a flood warning. The plan shall be filed with and approved by the Planning Commission. c. d. Zoning Page 33 13. Subdivision 22 3. lndivi ual mobile homes not located in mobile home parks may be pe itted if allowed by other applicable ordinances and if they omply with the provisions of Flood Fringe District Permit ed Uses Section (c) requirements. e Procedures General Floo or Evaluating Proposed Conditional Uses within the Plain District. 1. Upon receipt of an application for a Conditional Use Permit for a use within the General Plain District, the applicant shall e required to furnish such of the following information as is deemed necessary by the Planning Commission for the determ' nation of the regulatory flood protection elevation and whethe the proposed use is within the floodway for flood fringe. a. e typical valley cross-section showing the channel of he stream, elevation of land areas adjoining each side f the channel, cross-sectional areas to be by the roposed development and high water information. b. lan (surface view) showing elevations or contours of he ground; pertinent structure, fill or storage levations; size, location and spatial arrangement of 11 proposed and existing structures on the si te; location and elevations of streets; photographs showing xisting land uses and vegetation upstream and downstream nd soil types. c. rofile showing the slope of the bottom of the channel r flow line of the stream for at least 500 feet in either direction from the proposed development. 2. Y of the above information shall be transmitted to a desig ated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regul ory flood protection elevation. Procedures consistent with innesota Regulations NR 86-87 shall be followed in the is exp rt evaluation. The designated engineer or expert shall: a. stimate the peak discharge of the regional flood. b. Calculate the water surface profile of the regional flood ased upon a hydraulic analysis of the stream channel and over bank areas. c. Compute the floodway necessary to convey the regional flood without increasing flood stage more than 0.5 feet. An equal degree of encroachment of both sides of the stream within the reach shall be assumed in computing floodway boundaries. e 3. Based pon the technical evaluation of the designated p.ngin~er or exp rt, the Planning Commission shall determine whether the propo ed use is in the floodway or flood fringe c.::",: tt,= Zoning Page 34 Subdivision 22 regulatory flood protection elevation at the site. 14. Factors Upon which the Decisions of the Planning Commission shall be Based. e 1. In passing upon Conditional Use applications, the Planning Commission shall consider all relevant factors specified in other sections of this ordinance and a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others. c. The proposed water supply and sanitation systems and the ability of these to prevent disease, contamination and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. e g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with the existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 1. Such other factors which are relevant to the purpose of this section. 15. Nonconforming Uses. 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section my be continued subject to the following conditions: e a. No such use shall be expanded, changed, enlarged or Zoning Page 35 16. Subdivision 22 a tered in a way which increases its nonconformity. b. structural alteration or addition to any nonconforming ructure over the life of the structure shall exceed percent of its current market value unless the entire ructure is permanently changed to a conforming use or less the alteration or addition would substantially r duce potential flood damages for the entire structure. c. y alteration or addition to a nonconforming use which uld result in substantially increasing the flood damage tential of that use shall be flood proofed in cordance with the State Building Code. Communi ty De section. If he shall noti the nature 0 correct it. elopment Director shall administer and enforce this e finds a violation of the provisions of this section y the person responsible for such violation, indicating the violation and ordering the action necessary to 17. Use Permit. 1. Use Pe Develo sectio altera to the prior prior within it Required. A use permit issued by the Community emnt Director in conformity with the provisions of this shall be secured prior to the erection, addition or ion of any building, structure or portion thereof; prior se or change of use of a building, structure or land; o the change or extension of a nonconforming use; and o the placement of f ill or excavation of materials the flood plain. 2. Applic tion for Use Permit. Application for a Use Permit shall be mad in duplicate to the Community Development Director on forms urnished by him and shall include the following where applic le: plans in duplicate drawn to scale showing the nature location, dimensions and elevations of the lot; existi g or proposed structures, f ill or storage of materials; and th location of the foregoing in relation to the stream channe . 3. state nd Federal Permits. Prior to granting a Use Permit or ing an application for a Conditional Use Permit or Varian e, the Community Development Director shall determine that t e applicant has obtained all necessary State and Federal permit . 4. Certif cate of Zoning Compliance for anew, altered or noncon orming use. It shall be unlawful to use, occupy or permi t the use or occupancy of any building or premises or part thereo hereafter created, erected, changed, converted, altered or enl ged in its use of structure until a Certificate of Zoning Compliance shall have been issued by the Community Develo ment Director stating that the use of the building or land c nforms to the requirements of this section. Where a noncon orming use of structure is extended or substantially Zoning Page 36 e e e e Subdivision 22 altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this section. 5. Construction and Use to be as Provided in Application, Plans, Permits and certificate of Zoning Compliance. Use Permits, Conditional Use Permits or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorized only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. The application shall be required to submit certification by a registe:!:.'ed professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. 6. Record of First Floor Elevation. The Community Development Director shall maintain a record of the elevation of the first floor (including basement) of all new structures or additional to existing structures in the flood plain districts. He shall also maintain a record of the elevations to which structures or additions to structures are flood-proofed. 17. Variances. e 1. No variance shall have the effect of allowing in the flood plain district uses prohibited in that district, permit lower degree of flood protection that the regulatory flood protection elevation for the particular area or permit standards lower that those required by state law. 2. Copies of applications for proposed variances and conditional uses shall be submitted by mail to the Commissioner of Natural Resources sufficiently in advance to the Commissioner will receive at least ten (10) days notice of hearings on the applications. A copy of all decisions granting variances or conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 18. The flood plain designation shall not be removed from flood plain areas unless it can be shown the designation is an error or the areas has been filled to or above the elevation of the regional flood is contiguous to lands outside the flood plain. All amendments to this section must be submitted to and approved by the Commissioner of Natural Resources and the Office of Federal Insurance and Hazard Mitigation prior to adoption. 19. Any firm, person or corporation who violates any of the provisions of these regulations shall be guilty of a misdemeanor. e Zoning Page 37 Subd. 23. BLUFFLl\Nll/SHO+= OVERLAY DISTRICT REGULATIONS. Purpose. Subdivision 23 L a. Designa ing suitable land use districts along the bluffland and sho eland of the Lower st. Croix River. e b. RegulatOng the area of a lot and the length of bluff land and water 1 t frontage suitable for building sites. c. Regulat. ng the setback of structures and sanitary waste treatme t facilities from blufflines to protect the existing and/or natural scenic values, vegetation, soils, water and bedrock from disruption by manmade structures or facilities. d. Regulating the setback of structure and sanitary waste t facilities from shorelines to protect the natural alue, flood plain and water quality. e. alterations of the natural vegetation and f. Conse ing and protecting the natural scenic values, historical and cu tural resources of the river valley and maintaining a high s andard of environmental quality consistent with the Nation 1 Scenic Rivers Act (PL 90-542 and Lower st. Croix Act (PL 90 560) and Master Plan and with Minnesota Department of Natura Resources Standards and Criteria for the Lower st. Croix N tional Scenic Riverway (Minnesota Rules Part 6105.0351 to 610 .0550). e a. 1. n the event of conflicting prOVlSlons in the text of his section and/or other sections, the more restrictive rovision shall apply. The Community Development irector shall determine which is more "restrictive". ppeals from such determination may be made to the City ouncil. 2. Definitions. 2. ords used in the present tense include the past and uture tense; the singular number includes the plural nd the plural includes the singular; the word "shall" s mandatory, the word "may" is permissive. 3. he provisions of this section are in addition to and ot in replacement of other provisions of the Zoning rdinance. Any provisions of the Zoning Ordinance elating to Lower st. Croix Riverway shall remain in full orce and effect except as they may be contrary to the rovisions of this section. 4. nless otherwise specified, all distances shall be easured horizontally. e Zoning Page 38 Subdivision 23 b. Def ini tions. For the purpose of this section, certain phrases and words are hereby defined as follows: e 1. "Accessory Use" means use subordinate to and serving the principal use on the same lot and customarily incidental thereto. 2. "Appurtenance" means a structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto such as garages, decks, essential services, signs, docks and stairways and lifts, except that appurtenance does not include private water supply and sewage and waste disposal systems below the ground. 3. "Bluffline, Riverway" means a line along the top of a slope in the Riverway District connecting the points at which the slope, proceeding away from the river or adjoining watershed channel, becomes less than 12 percent and it only includes slopes greater than 12 percent visible from the river or any water course tributary to the river. The location of the bluffline for any particular property shall be certified by a registered land surveyor or the Community Development Director. More than one bluffline may be encountered proceeding away from the river or adjoining watershed channel. All setbacks required herein shall be applicable to each bluff line . e d. "Building Line" means a line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions. e. "Channel" means a natural or artificial depression of perceptible extent wi th a def ini te bed and banks to confine and conduct flowing water either continuously or periodically. f. "Commissioner" means the Commissioner of Natural Resources. g. "Conservancy" means the practice or implementation of policies for the protection and preservation of the natural character of lands for their value to scenic enjoyment, wildlife, water and soil conservation, flood plain management, forestry and other such purposes. h. "Dwelling Unit" means a residential accommodation which is arranged, designed, used or intended for use exclusively as living quarters for one family. i. "Harbor" means a portion of body of water along or landward of the natural shoreline deep enough for recreational watercraft navigation and so situated with respect to shoreline features as to provide protection from winds, waves, ice and currents. Natural harbors consist of bays and estuaries, while artificial harbors e Zoning Page 39 Subdivision 23 are constructed by dredging. j. "Marina" means an area of concentrated small craft ooring, where ancillary facilities may be provided for some or all of such services as fueling, sewage pump out, oat launching, boat repair and boat storage; except that arina does not mean temporary docks associated with riparian residential development if the mooring area is of a size not to exceed the resource limitations of the site and the needs of the residents of the development. e k. "Nonconforming Uses" means any use of land legally established before the effective date of this Riverway Bluffland/Shoreland Section which does not conform to the zoning district use regulations. l. "Ordinary High Water Mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In ares where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water; the main channel, adjoining side channels, backwaters and sloughs. m. "Riverway Boundary" means a legally described line delineating the landward extent of the st. Croix Riverway subject to these regulations. e n. "Scenic Easement" means an interest in land, less than fee title, that limits the use of the land for the purpose of protecting the scenic, recreational and natural characteristics of areas in the st. Croix Riverway. Unless otherwise expressly and specifically provided by mutual agreement of the parties, the easement shall be; perpetually held for the benefit of the people of Minnesota; specifically enforceable by its holder or any beneficiary; and binding on the holder of the servient estate, his heirs, successors or assigns. Unless specifically provided by the parties, no such easement shall give the holder or any beneficiary the right to enter on the land expect for enforcement of easement. o. "Screening" means existing or planted vegetation or topography which makes any structure on any property visually inconspicuous in summer months as viewed from the river. p. "Setback" means the minimum horizontal distance between the part of a structure and the ordinary high water mark or a bluffline. In areas where the ordinary high water mark is not evident, setbacks shall be measure from the stream bank of the following water bodies that have e Zoning Page 40 Subdivision 23 permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. e q. "Slope" means all land between the ordinary high water mark and the riverway boundary having an angle of ascent or descent of more then 12 percent from the horizontal. r. list. Croix Riverway" means all lands and public waters within the riverway boundary subject to these regulations. s. I1Structurel1 means any building or appurtenance thereto, including garages, decks, docks and stairways, except transmission services. t. I1Substandard Structure 11 means any structure legally established before the effective date of the Bluffland and Shore land Ordinance which does not meet the structure setbacks or other dimensional standards of the ordinance. u. I1Variancel1 means any modification or variation of the dimensional standards, or other requirements of the Bluffland and Shoreland Ordinance where it is determined that, because of hardships, strict enforcement of the ordinance is impractical. v. I1Visually Inconspicuousl1 means difficult to see or not readily noticeable in summer months as viewed from the river. e w. I1Water course" means a channel in which a flow of water occurs wither continuously or intermittently. THe term applied to either natural or artificially constructed channels. x. I1Wetlands" means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, marsh or slough. 3. Designation of Districts. 1. For the purpose of protecting the natural resources and natural scenic values of the land within the boundaries of the Lower st. Croix Riverway the following districts shall be established: 2. The boundaries of the Lower st. Croix Riverway and the urban district with sewer and water service and urban district without sewer and water include all of the land riverward of the legally described Riverway boundary contained in the official copy of the Lower st. Croix National Scenic Riverway National Master Plan and as shown on the map designated as Riverway Boundary, "Exhibit All as part of the Zoning Map. e 3. The boundaries of the Lower St. Croix Riverway zoning districts are designated on the map marked as the Riverway Boundary "Exhibit A" and attached hereto and made a part of the City Zoning Page 41 Subdivision 23 of stil water official zoning map. 4. Use Standards. 1. Purpose. the st. existin proper The purpose of establishing standards for uses in Croix Ri verway shall be to protect and preserve natural, scenic and recreational values, to maintain elationships between various land use types. e 2. d Uses. All structures associated with the following uses ar permitted in the st. Croix Riverway subject to the dimensi nal requirements of the Bluffland/Shoreland Ordinance. a Conservancy b Agriculture c Single family residential d Government highway waysides, rest areas, information areas, parks and scenic overlooks e Government resource management and interpretive activities. 3. Accesso uses in GeneraL All appurtenances associated with and cus omarily incidental to permitted uses. 4. Conditi nal Uses. 1. C P R a a b. c. 2. nditional uses are uses which normally are not rmi tted in the urban districts of the st. Croix verway unless it is determined by the City Council, ~ ter a public hearing, that the proposed use shall: ~ Preserve the scenic and recreational resources of the st. Croix Riverway, especially in regard to the view from and use of the river. Maintain safe and healthful conditions. Limit erosion potential of the site base con degree and direction of slope, soil type and vegetative cover. C nditional d' ensional s andards: meet, in addition to the requirements, the following uses and must other a. The proposed use is consistent with the City Comprehensive and Area Plan and complimentary to the existing and adjacent land uses. The side and front setback requirements of the local zoning ordinance. c. A parking layout and site plan which provides on- site or off-street parking spaces for all employees of the project, an exclusive area for leasing docks where required by local ordinance and off-street customer parking spaces as required by local ordinance. e Zoning Page 42 Subdivision 23 d. On-site grading and surface water run-off plan for the site which minimizes soil erosion and degrading of surface water quality. e e. A landscaping plan for the site is illustrated which minimizes the visual impact of the proposed project as viewed from the river and which visually screens all parking areas from the river. The applicant shall provide the Community with a performance bond for the cost of all landscaping to insure compliance with the landscaping plans. f. The proj ect meets all zoning and subdivision requirements. g. The project requires no alteration or fill of the shoreline, bluffland or floodway. h. No lighted or flashing signs shall face riverward. 3. The following listed Urban District Conditional USes are considered Conditional Uses: a. All lawful businesses, including supermarkets. b. Manufacture of baked goods, provided not more than five persons are employed in such business. e c. Department stores. d. Establishment for the sale of china, floor covering, hardware, furniture, household goods and appliances, paint, wallpaper, materials and objects of interior decorating. e. Establishment for the sale of books, magazines, newspapers, tobacco products, drugs, flowers, gifts, music, photographic supplies, sporting goods, stationery and the like. f. Eating places such as lunchrooms, restaurants and cafeterias and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds, but excluding "drive-in" establishments. g. Service establishments such as barber or beauty shops; custom tailors, laundry agencies and self service laundries; laundries, shoe repair shops; dry cleaning, pressing or tailoring shops; printing shops; radio and television stations; telephone exchanges and the like. e h. Business and professional offices and office buildings. i. Hotels and motels. Zoning Page 43 5. Prohibited U es. districts: Subdivision 23 j. Funeral homes and mortuaries. Automotive sale, services and storage excluding e gasoline filling stations. Transportation stations and terminals. Amusement and recreational establishments such as armories, assembly halls, bowling alleys, dance halls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound-insulated to effectively confine the noise to the premises. Marinas subject to the requirements of No. 12 of this section. Office display or sales space of a wholesale jobbing or distribution establishment not specifically mentioned as permitted only in a less restricted district, in connection with which not more than 25 percent of the floor area of the building, or part thereof, occupied by said establishment is used for making, assembling, remodeling, repairing, al tering, finishing or ref inishing its products or merchandise; and e provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matters, smoke, vapor or vibration is effectively confined to the premises. 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. Any other building, use or service similar to those hereinbefore listed in the type of services or goods sold, in the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areas. Any accessory use customarily incident to a use authorized by this section. The following uses shall be prohibited in all e 1. 2. 3. 4. Sand a d gravel operations; Junkya ds; Mobile home parks; Downhi 1 ski areas; Zoning Page 44 e e e Subdivision 23 5. Advertising sign visible from the river; and 6. All uses not authorized in this Bluffland/Shoreland Section. 6. Non Conforming Uses. Prohibited uses legally in existence prior to the effective date of adoption of the Riverway Bluffland Shore land section are nonconforming uses. Such uses can be maintained but shall not be enlarged or expanded. 7. Dimensional Standards and other Requirements. 1. Purpose. The purpose of establishing dimensional standards and criteria in the st. Croix Riverway shall be to protect riverway lands by means of acreage, frontage, setback height requirements on development. Specif ic obj ecti ves shall be to maintain the aesthetic integrity of the st. Croix Riverway's dominant natural setting, to reduce the adverse effect of poorly planned shoreland and bluffland development, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to prevent pollution of surface and ground water, to minimize soil erosion and to provide a natural buffer between the river and developed areas. 2. Minimum Dimensional Requirements. a. The following chart sets forth the minimum area, setbacks and other dimensional requirements of each district: 1. Minimum lot size above ordinary high water mark Urban District without Urban District Sewer & With Public Water Sewer & Water 1 acre 20,000 sq. ft. 150 ft. 100 ft. 2. Lot width at building setback line 3. Lot width at water line 150 ft. 100 ft. 4. Structure setback from ordinary high water mark 100 ft. 100 ft. 5. Structure setback from bluff line 40 ft. 40 ft. 6. On site sewage treatment system setback from ordinary high water mark 100 ft. 7. On site sewage treatment system setback from bluffline 40 ft. 8. Maximum structure height 35 ft. 35 ft. 9. Maximum total lot area covered by impervious surface 20% (8,700 sq. ft.) 20% (4,000 sq. ft.) 10. On slopes less than 12%, the controlled vegetative cutting areas setback are from: Zoning Page 45 Subdivision 23 Ordinary high wate mark Blufflines 100 ft. 100 ft. 40 ft. e 40 ft. 3. Other equirements: a. lopes. structures shall not be permitted on slopes reater than 12 percent, with the exception of stairways nd lifts. The physical alteration of slopes shall not e permitted for the purpose of overcoming this imitation. b. lood Plain. New structures shall meet the floodway equirements as defined in the Flood Plain Section (Subd. 2) of the Zoning Ordinance. c. olor of Structures. The exterior color of new tructures, including roofs, shall be of earth or summer egetation tones, unless completely screened form the iver by topography. d. ewage Disposal. Shall meet all requirement or No. 11. e. egetative CUtting: 1. Permi t required. On lands 100 feet of the ordinary high water mark and forty feet landward of blufflines and on slopes greater than 12 percent there shall be no vegetative cutting of live trees or shrubs without a permit. A permit may be issued only if: e a. The cutting, including topping , involves trees less than six inches in diameter at breast height. b. The cutting, including topping involves vegetation which is not screening any structure from view from the river. c. The essential character, quality and density of existing growths is preserved and continuous canopy cover is maintained. d. The trees or trees diseased and their removal is in the public interest. e. The cutting is necessary for the maintenance of transportation lines or utility rights- of-way. 2. Permit not required. A vegetative cutting permit is not required for the following; however, the vegetative cutting shall be accomplished in such a manner that the essential character, quality and density of existing growths is preserved and continuous canopy cover is maintained as viewed from the river: e a. Clearing the minimum area necessary for a Zoning Page 46 e Subdivision 23 b. structure, sewage disposal system and private road and parking area, undertaken pursuant to a validly issued building permit. Maintenance trimming or pruning on any particular property or in transportation or utility rights-of way. Vegetative cutting in areas of the ST. Croix Ri verway not covered under subpart. 4, provided that the cutting, including topping, involved vegetation which is not screening any structure from view from the river. c. f. Grading and Filling. 1. Grading, filling, excavating or otherwise changing the topography landward of the ordinary high watermark shall not be conducted without a permit from the local authority. A permit may be issued only if: e a. Slopes greater than 12 percent are not altered where erosion and visual scars may result. Earth moving, erosion, vegetative cutting, draining or filling of wetlands and the destruction of natural amenities is minimized. The smallest amount of ground is exposed for as short a time as feasible. During construction, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted. Temporary and permanent methods to prevent erosion and trap sediment are employed. Fill is stabilized to accept engineering standards. b. c. d. e. f. 2 . Permit not Required. A separate grading and filling permit is no required for grading, filling or excavating the minimum area necessary for a structure, sewage disposal system and private road and parking area undertaken pursuant to a validly issued building permit. However, the standards and criteria of subpart 2 shall be required as conditions of the building permit. 8. Exception of the minimum setback requirements include the following: 1. Where a substandard setback pattern from the ordinary high water mark or a bluffline has already been established by existing principal dwelling unit structures on adjacent lots on both sides of the proposed building site, the setback of the proposed structure shall be the average setback of the existing dwelling units plus at least 40 feet, or the required minimum setbacks of the underlying zoning districts, whichever distance is less from the average setback line. This exception shall apply only to substandard lots which do not meet the e Zoning Page 47 2. I Subdivision 23 min~ lot width requirements of No. 7 above. Develpment subject to state permits which provide services to th public and which, by their nature, require location on public waters shall be subject to the conditions of ate permits as provided in parts Minnesota Rules Part 390 and 6105.0410 to 6105.0440. e 3. ary docks may be allowed as approved by federal, state cal governments to extend into the water the minimum ce necessary to facilitate the launching or mooring of raft during the open water season. 4. may be allowed as approved by federal, state and local ents which are necessary for the public health and Signs may also be allowed that indicate areas that ailable or not available for public use. outside the setbacks with the st. Croix Riverway, signs that are ise lawful are permitted, provided they will be visually picuous in summer months as viewed from the river. 5. stai ays and lifts to enable access from bluffland properties to th water on steep slopes may be allowed by the local autho ity, provided the disruption of vegetation and topography is ke t to a minimum and the structure will be visually the summer months as viewed from the river. 9. Substandard ots. Lots recorded in the office of the County Register of Deeds pr"or to May 1, 1974, that do not meet the requirements of No. 7 above may be allowed as building sites when: e a. The p oposed use is permitted in the zoning districts. b. The 1 t has been in separate ownership from abutting lands since May 1, 1974. c. It ca be demonstrated that a proper and adequate sewage dispo al system can be installed in accordance with the provi ion of No. 11. d. The d" ensional standards of the Bluffland and Shore land Secti n are complied with to the greatest extent practicable. 10. All structures legally in existence prior to the eff ctive date of adoption of the Bluffland Shoreland Subdivision that do not meet the structure or sewage treatment system setbacks re irements or other dimensional standards of the ordinance are conside ed substandard structures and shall be subject to the following c nditions: c. ndard structures that contain nonconforming uses shall enlarged or expanded. dard structures and substandard sanitary facilities shall be allowed to continue. In no instance shall the extent to which a structure or sanit ry facility violates a setback standard be increased. An e tension, enlargement or alteration of an existing subst dard structure may be permitted on the side of the struc ure or facility facing away from the river or bluffline. An al eration or expansion of a substandard structure which a. b. d. e e. Zoning Page 48 e Subdivision 23 f. increases the horizontal or vertical riverward building face shall not be allowed unless it can be demonstrated that the structure will be visually inconspicuous in summer months as viewed from the river as determined by the City COuncil after a public hearing. Exterior decks attached to the structure which do not extend any roof or foundation, may be permitted to extend laterally (parallel to the river or bluffline) at the same setback as the substandard structure if said deck is visually inconspicuous in summer months as viewed from the river and the deck has no roof or building foundation. If a substandard structure needs replacing due to destruction, deterioration or obsolescence, such replacement shall comply with the dimensional standards of this subdivision. g. 11. Sewage Disposal. Any premises intended for human occupancy must be provided with an adequate method of sewage disposal subject to the following items: b. e a. Public collection and treatment facilities must be used where available and where feasible. Where public or municipal facilities are not available, all on site individual sewer disposal systems shall conform to the minimum standards as set forth in Regulations of the Department of Health and Minnesota Pollution Control Agency. A septic tank/drain field system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible on the particular lot in question and it can be demonstrated that the system, being proposed as an alternative will not cause a pollution problem. No person, firm or corporation shall install, alter, repair or extend any individual sewer disposal system without first obtaining a permit from the Community Development Director for the specific installation, alteration, repair or extension. c. d. 12. Marinas. e a. New and or expanded marinas may only be allowed. 1. Between the Boomsite Highway Wayside and the City of Stillwater. 2. Downstream from the northern City limits of stillwater in urban districts. b. New marinas shall meet the design standards of Natural Resources Regulations including Minnesota Rules Part 6105.0410, Subpart 2. c. Permi t requirements. No construction or development associated with a marina shall begin until all of the following authorizations have been obtained by the applicant. 1. 2. Marinas shall be a Conditional Use in this subdivision. For uses and structures above the ordinary high water mark associated with a marina, a public hearing shall be held by the City Council to consider a marina as a conditional use in accordance with Department of Natural Zoning Page 49 l Subdivision 23 esources Regulations including Minnestoa Rules Part 6105.0530. The City Council may approve or deny the arina on said standards of the Department of Natural esources. If the governing body approves the marina, ~ final issuance of the local permit shall be conditioned pon granting of all state and federal permits required y the Department of Natural Resources including innesota Rules Park 6105.0410. 13. Alterations f Public Waters. a. Chang" ng the course, current or cross section of public waters require state and federal permits as specified in ota Rules Part 6105.0420 before any local permits may ed. 15. 14. Transmissio Services. a. it from the Commissioner is required pursuant to ota Statutes, Sections 84.415 or 105.42 before ission services may cross state-owned lands or public and shall be in accordance with the Natural Resources tions including Minnesota Rules Part 6105.0430. A perm" t from the Connnissioner of Natural Resources is required befor construction, reconstruction, removal or abandonment of an road or railroad crossing of public waters within the Rive ay. Said permit shall be in accordance with the Natural Resou ces Regulations Minnesota Rules Part 6105.0440. a. a. 16. Subdivision. b. e uitability. 1. No land shall be subdivided which is found by the governing body to be unsuitable for reason of flooding, inadequate drainage, soil and rock formations with severe limitation for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. The City Council in applying the provisions of this section shall in writing cite the particular features upon which it bases its conclusions that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding such suitability at a public hearing. Thereafter, the governing body may affirm, modify or withdraw its determination of unsuitability. Prel" inary Plans. e 1. Preliminary plans for all plats, cluster developments shall be including planned approved by the Zoning Page 50 Subdivision 23 Commissioner or his agent in writing prior to preliminary approval by the City Council. e 2. All subdivisions shall comply with the provisions of the City of Stillwater Ordinance No. 492 as amended. applicable Subdivision c. Planned Cluster Developments. 1. A pattern' of subdivision development which places dwelling units into compact groupings may be allowed when the proposed clustering provides a better means of preserving agricultural land, open space, woods, scenic views, wetlands and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this section for planned cluster developments, provided: a. In urban districts of this section and only where public sewer and water will be installed in the proposed cluster development, the number of dwelling units shall not exceed 50 percent more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for single fronily residential subdivision. e b. Open space shall be preserved. At least 50 percent of the length of shoreland or bluffland frontage as viewed from the river shall be kept in its natural state. c. Temporary docks, if allowed, shall be centralized and of a size not to exceed the needs of the residents of the development. 17. Administration. 1. Administrative Procedure. a. In addition to the applicable administrative procedures set forth in City Code 31.01, Subdivision 27 of the Zoning Ordinance, the following procedures shall be implemented with respect to land, subject to this ordinance: 1. A public hearing shall be held for all zoning district amendments, zoning text amendments, condi tional use permits, planned unit developments, subdivisions and variances. 2. No less than 20 days prior to the public hearing, the Community Development Director shall send notice and copies of the applicants information as specified in Section 17(6) below to the following agencies for review and comment: e Zoning Page 51 Subdivision 23 a. b. Department of Natural Resources. Minnesota/Wisconsin Boundary Area Commission. e b. he applicant for any permit requlrlng a public hearing hall submit to the Community Development Director at east 30 days prior to such hearing, an abstractors ertificate showing the names and addresses of all roperty owners within 350 feet of the affected property, nd any local governments, wi thin two miles of the ffected property. This requirement does not apply to endments to the text of the Riverway Bluffland horeland Ordinance. c. otice of the purpose, time and place of such public earing shall be mailed to all property owners and local overnments listed in Subd. 17(17)(B) at least ten days rior to the date of the hearing. d. otice of the purpose, time and place of any such public earing shall be published in the official newspaper of he affected communities at least ten days prior to the ate of the hearing. 2. Certif cation of the Commissioner of Natural Resources. a. efore any zoning district ordinance amendment or ariance becomes effective, the governing body shall orward the decision to the Commissioner. The ommissioner shall certify in writing that the proposed ction complies with the intent of the Wild and Scenic i vers Acts and the Master Plan for the Lower St. Croix iver within 30 days of receipt of final decision on the anner specified in Department of Natural Resources egulations Minnesota Rules Part 6105.0540. e 3. Forwar ing a Final Decision. a. he city clerk shall forward decisions within 10 days f final action on all conditional use permits, planned nit developments and subdivisions to the Commissioner f Natural Resources. ix Riverwa Ordinance ermits District Urban District 4. g Permits LP Permits LP Permits LP e Tree tting Permits LP Zoning Page 52 e Subdivision 23 Conditional Use Permits PH - WA - FD Amendments to Riverway Bluffland Shoreland Ordinance PH - WA - FD Amendments to District Boundary PH - WA - CC Plats and Cluster Developments PH - WA - FD Variances PH - WA - CC LP - Permit issued by the local authority in accordance with this Ordinance and all other local permits. CC - Certification by the Commissioner of Natural Resources prior to final local approval. PH - Public Hearing necessary by the local authority glvlng 20 days notice of meeting to the Commissioner of Natural Resources and other agencies listed in Subd. 17 ( 1)( B) . FD - Local authority forwards any decisions to the Commissioner of Natural Resources within the 10 days after taking final action. WA - The Commissioner of Natural Resources shall submit, after notice of public hearing and before the local authority gives preliminary approval, a written review and approval of the project. e 5. Variances. e 6. a. Variances shall only be granted where there are particular hardships which make the strict enforcement of this ordinance impractical. Hardship means the proposed use of the property and associated structures in question cannot be established under the conditions allowed by this ordinancer the plight of the landowner is due to circumstances unique to his property, not created by the landowners after May 1, 1974; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship for the reasonable use of the property and associated structures under the conditions allowed by this ordinance. In addition, no variance shall be granted that would permit any use that is prohibited in this ordinance in which the subject property is located. Conditions may be imposed in the granting of a variance to insure compliance and to protect adjacent properties and the public interest, especially in regard to the view from the river. b. The public hearing for a variance shall be held by the Planning Commission and City Council set forth in the Zoning Ordinance. Requirements of the Applicant for a Public Hearing. a. The applicant shall submit sufficient copies of the following information and additional information as Zoning Page 53 Subdivision 23 r quested to The Community Development Director 30 days ior to the public hearing on the application for a nditional use, variance, planned unit development or bdivision. e 1. Plat of survey showing the property location, boundaries, dimensions, elevations, blufflines, utility and roadway corridors, the ordinary high water mark, floodway and floodplain. The most recent aerial photo of the property with property lines drawn in. Location of existing and proposed structures including height and setback dimensions. Locating of existing and proposed alterations of vegetation and topography. Adjoining water oriented and other uses. Suitability of the area for on site waste disposal. Type, size and location of the system shall be indicated. If a public or municipal wastewater collection and treatment system is to be utilized, the applicant must submit a written agreement from the City indicating that the system has the capacity to handel the development. An estimate of permanent and transient residents. e 7. Factor to be considered: a. en considering a conditional use permit, variance, ubdivision, proposal or zoning amendment within the luffland Shore land District, the City shall address the ollowing items in making its decisions: Preserving the scenic and recreational resources of th st. Croix Riverway, especially in regard to the view from and use of the river. The maintenance of safe and healthful conditions. The prevention and control of water pollution, including sedimentation. The location of the site with respect to floodways, slopes and blufflines. The erosion potential of the site based on degree and direction of slope, soil type and vegetative cover. Potential impact on game and fish habitat. e Location of the site with respect to existing or Zoning Page 54 Subdivision 23 future access roads. 8. The amount of wastes to be generated and the adequacy of the proposed disposal system. e 9. The anticipated demand for police, fire, medical and school services and facilities. 10. The compatibility of the proposed development with uses on adjacent land. 18. Enforcement. 1. Enforcement. a. It is declared unlawful for any person to violate any of the terms and provisions of this subdivision. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. b. In the event of a violation or a threatened violation of this subdivision, the City Council, or the Commissioner of Natural Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violation sand it is the duty of the City Attorney or state Attorney General, to institute such action. e 2. Separability. a. It is hereby declared to be the intention that the several provisions of this subdivision are separable in accordance with the following: 1. If any court of competent jurisdiction shall adjudge any provision of this subdivision to be invalid, such judgment shall not affect any other provisions of this subdivision not specifically included in said judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any portion of this subdivision to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. 3. Nothing contained in this subdivision repeals or amends any subdivision requlrlng a permit or license to engage in any business or occupation. e Zoning Page 55 Subd. 24. 1. I Subdivision 24 PLANNED UNIT ~EVELOPMENTS. General. Cer ain officially approved Planned Unit Development (PUD) within the C"ty may be excluded from certain area standards of the Zoning Ordin nce and the Subdivision Ordinance of the City provided that they con orm with the provisions and the intent of this Planned Unit Develop ent Section. In case of a. conflict between the provisions 0 this ordinance and other provisions of the Zoning or Subdivision Ordinances, the provisions of the Planned Unit Development hall govern. e 2. T e purpose of a PUD is to provide for a means of: Purpose. a. Ensuri of lan Allowi area t Allowe the re and si is the prese areas. g variety, innovation and flexibility in the development and its improvements. g a mixture of uses in an integrated and well planned aid in providing a better living environment. for flexibility in group building development wherein ationship is between building and building or building e, rather than between building and property lines, as case in mono-structural development. ing natural spots of beauty, open space and recreation b. c. d. be improved as a PUD shall be: t least three (3) acres in size, or e t least one (1) complete City block in size, or hall have a density in excess of 25 dwelling units per cre, or hall, when fully developed, contain upon it at least wo (2) principal buildings. lots may be improved as PUD's if they: re adjacent to or across the street from property which lready has been approved for a POD, ontain unusual physical features, or re of special historical interest. der separate ownership meeting the above requirements considered eligible for a PUD permit if a plan is ed for the entire area and if financial accountability provided and shown for all aspects of the plan. d. Permit ed uses in a Residential PUD shall include detached, semi- etached, attached, clustered or multi-storied dwelling unit structures, or any combination thereof, and any nonresidential use designed to serve the residents of the PUD and f the vicinity, but which is not deemed to be objec ionable by conventional standards. e e. ted uses in nonresidential PUD shall be limited to those ted either specifically or by Special Use Permit in the district in which the proposed PUD is to be located. Zoning Page 56 Subdivision 24 f. Aggregate density of structures and building heights on privately or commonly owned property shall not exceed the limits imposed by the zoning district in which these structures would normally be located. e g. Copies of all covenants and easements relating to the prOV1Slon, use and maintenance of common open space shall be filed with the Community Development Director and the requirements of these shall be held to be legally binding upon all who are a party to them. When a corporation is formed to maintain space or facilities, the City shall be empowered to abate any nuisance resulting from the lack of maintenance and shall have the authority to assess the cost of the abatement of the nuisance to all property owners holding membership in the corporation. h. The POD project shall be designed and developed to harmonize wi th both existing and proposed development in the area surrounding the site and with the City's Comprehensive Land Use Plan. i. Land shall be dedicated to the City of Stillwater for recreation or other open space purposes consistent with the standards and criteria contained in the adopted Park Dedication Policy. e j. All public utilities and communications transmission facilities shall be installed underground. k. A building setback from property which is adjacent to the PUD site and which is zoned or being used for a less intensive use shall be at least equal to twice the proposed building's height. 1. Landscaping shall be provided according to a plan approved by the City Council; said plan shall include a detailed planting list. m. All private streets, sidewalks and parking areas shall be built and maintained in accordance with City standards and specifications. 4. Submission Requirements. The following information shall be presented for review in accordance with the procedures outlined in Subd. 24(5) and Subd. 24(6) below: a. A certified plot plan (1: 100 or larger) showing all information required by the Subdivision Ordinance. b. A vertical aerial photograph of the site at a scale of 1:200 or larger. e c. The legal description of the property. d. The nature of the applicant's financial interest in the land to be developed and the proposed methods of interim and long Zoning Page 57 e. f. g. Subdivision 24 term financing to the project. A sta ement describing ultimate density of the proposed devel ment and the expected impact upon the Stillwater School Distr"ct. 1. 2. 3. 4. 5. e tic drawing and/or maps of the proposed development area, ing street layouts and lot size and locations. ed approximate allocations of land use expressed as a tage of the total and in acres. Uses to be indicated include: Streets, both public and pr i vate, and other transportation facilities. Open space, both public and private. Commercial Uses. Industrial Uses. A stratification of residential use in terms of number of single family detached, single family attached and multiple family dwellings. h. A cer if ied map ( 1: 100 or larger) of the existing site condi ions, which shall include a minimum: 1. 2. 3. 4. 5. 6. General topographic features. Location and extent of tree cover. Slope analysis. Location and extent of swamps, wetlands and streams. Significant rock outcroppings. Existing drainage patterns and ponding areas. e i. A gen ral development site plan (1:100 or larger) indicating all c" rculation elements, pedestrian and vehicular, all natural open s ace, recreational space, structures, landscaping, fences and 0 her on-site improvement features as required. j. ified utilities plan, indicating street lighting, storm ge ponding, runoff and disposal facilities and the ent of water, sewer and electrical, communications and derground facilities. k. ing plan for any project involving more than one year I s ction time. l. Table comme activ numbe and graphs indicating the gross square footage of cial or industrial floor space by specific type of ty and the number of residential dwelling units by the of bedrooms. PrelO inary architectural plans, indicting the floor plans, eleva ions and exterior wall finishes of all proposed buildOngs. m. n. The p an for solid waste disposal which meets Pollution Control Agenc requirements. e Zoning Page 58 Subdivision 24 o. Fire fighting and other public safety facilities and procedures as required. e p. Any additional information including, but not limited to, an economic benefit analysis if either of such is considered necessary by the applicant or required by with the Planning Commission or the City Council for aid in evaluating the impact of the development on other existing or proposed facilities and services of the City or the area, a recreational plan; a public buildings plan providing consideration for school, administrative or public safety quarters; any other plans or information required, depending upon the exact nature of the individual PUD. 5. Procedures - Concept Approval e a. The applicant shall file with the City a statement of his intention to develop property under the POD provisions along with a fee of $250 to cover the costs of checking and processing plans, plus a monetary deposit to cover administration, engineering and legal costs. The amount to be deposited shall be determined by the City based on an estimate of the costs to be incurred. Any amount remaining after administration, engineering and legal costs have been paid will be refunded to applicant. If the deposit is not sufficient, the applicant must submit an additional amount to the City before concept approval will be granted. b. The request shall be referred to the Planning Commission. The applicant shall present at least twelve (12) copies of the information listed in b through g above. The Commission and the City staff shall study such information and shall make a recommendation to the City Council within forty-five (45) days. c. The City Council shall hold a Public Hearing on the request and shall take action upon it within 30 days of the date of the Public Hearing. All property owners within 300 feet of the property to be developed shall be notified by mail of the hearing. d. Upon receipt of the concept approval and any modification to the plans required by the Council, the applicant may proceed to file a request for final approval. Failure to do so within six (6) months of the date of the receipt of the concept approval, will be cause for revocation of concept approval. e. Concept approval shall not in anyway bind the City to subsequent final approval of development plans. 6. Procedures - Final Approval e a. The applicant shall file with the City his request for final approval along with a fee of $250 to cover the costs of checking and processing plans, plus a monetary deposit to cover administration, engineering and legal costs. The amount to be deposited shall be determined by the City based on an estimate of the costs to be incurred by the City. Any amount Zoning Page 59 Subdivision 24 remaln ng after administration, engineering and legal costs have b en paid will be refunded to applicant. If the deposit is not sufficient, the applicant must submit an additional amount to the City before final approval will be granted. ~ b. est shall be referred to the City staff and to the Planni g Commission. Unless waived specifically by the Commis ion, twelve (12) copies of all information listed in Subd. 4(4) above, and other data, as deemed necessary, shall be mitted for review. The Commission shall make a ndation to the Council within forty-five (45) days of mission of the final plans. c. The Ci y Council may again hold a Public Hearing on the reques . All property owners within 300 feet of the property to be eveloped shall be notified by mail of the hearing date. d. The Ci y Council shall evaluate the PUD request using all criter a consistent with this ordinance, the needs of the City of sti lwater, and common land use planning principals and standa ds and shall make its decision within sixty (60) days of the date of the Public Hearing. 7. staged Devel pments. It is recognized that certain PUD requests may involve cons ruction over a long period of time. If it is proposed to develop a project during a period which will exceed two years, the applican may request concept approval for the entire project and permissi n to submit detailed information respecting only the first stage r stages of the project. If permission pursuant to such a request is granted by the City Council, a separate Public Hearing may nevertheless be required respecting each successive stage of the project as the same is reached, and detailed plans shall be submitted in accordance with the approved phasing schedule outlined in the conce t approval. e 8. Final a PUD 1. Final approval by the Council and the issuance of will occur when: a. All ag eed upon public open space has been deeded to the City and h s been officially recorded; or an agreement has been reache between the City and the applicant whereby a pro rata cash p yment in lieu of land donation has been scheduled to coinci e with the issuance of certificates of occupancy by the buildi g inspector. b. Design and construction specifications for all public utilities and s reet improvements have been approved by the Ci ty engine r. c. A plat of the development site, if needed, has been filed and recor ed both with the City and the county register of deeds. Failu e to register said plat, within 120 days of final appro al, shall be deemed to be grounds for revocation of the PUD p rmit. e d. An ag eement has been reached between the City and the specifying the standards to be used in the Zoning Page 60 e e. Subdivision 24 construction of all streets and utili ties, storm ponding, run- off and disposal facilities, landscaping, final grading and the provision, use and maintenance of privately owned recreational facilities. To ensure that these improvements are completed under the terms of the agreement between the City and the applicant, the latter shall post a corporate surety bond or cash bond equal to 125 percent of the cost of the improvements guaranteeing the faithful performance of the work specified in the agreement or the payment of any costs to the city in a sum equal to the total as recommended by the city engineer and approved by the city Council. Said bond shall cover all such requirements; provided, however, that part of the bond may be released when any specific part of each phase of the agreement or plans is completed, upon the recommendation of the City engineer and approval by the City Council. All other plans and conditions of final approval have been presented and approved. 9. Administration e e a. Any change involving structural alteration, enlargement or intensification of use not specifically allowed by a particular PUD permit or any request for a variance from the specific terms of a previously issued PUD permit, shall require that an application be filed for an amendment to the PUD Permit. All procedures shall apply as if a request were being made for final approval. An application for an amendment to a PUD Permit shall require a fee of $100 and a escrow account shall be established to cover the costs of amendment review, if the costs are estimated to exceed $100. The amendment procedure shall also apply to reapplication for PUD Permit request which have been denied. b. No application for a POD Permit which has been denied shall be resubmitted for a period of six (6) months from the date of the denial. c. No application for a PUD Permit may be withdrawn by the applicant without prejudice at any time prior to the filing of the required plat thereof in accordance with the Subdivision Ordinance, or, ~f no platting is required in connection with the approval of the PUD Permit, then at any time prior to actual physical implementation of the approved permit, such as the commencement of construction on the permit site. d. In the event that final approval for the issuance of a PUD Permit obtained and construction has not commenced within 12 months of the date of the granting of the Permit, the Permit will be considered to be null and void unless an extension has been granted by the City Council. e. Final approval of a PUD Permit by the City constitutes authority for the development to proceed with his plans according to this agreement with and the plans approved by the City Council. Noncompliance with that agreement or with those approved plans on the part of the developer shall be considered Zoning Page 61 Subd. 25. Subdivision 25 to be ause for the City Council to revoke approval of the PUD Permi , to halt the issuance of building permits, and to requi e the cessation of all construction activity. The _ devel per shall then be required to either conform to the ., agree ent and to the approved plans or to request an amendment to the PUD Permit using the procedures outlined in Subd. 10(1) above. The City Council shall make the determination of any nonco pliance. 10. a. Final approval of PUD Permit does not in itself constitute the granting of a building permit. Building and Improvement Plans shall be submitted to the building inspector in the manner prescribed by the City Ordinance, Code and Procedures and a request shall be made for a building permit for each individual building or improvement. All permit fees shall be paid in accordance with the prescribed scale. Plans shall be examined to determine not only their conformance to the City's construction codes, but also their conformances to the PUD Permit. Nonconformances shall be grounds for denial of a building permit. 1. The provisio s of this ordinance shall be subject to such exceptions, additions r modifications as set forth in the following supplement y regulations: e a. ial Services. Essential services, as defined in this shall be permitted in all districts. b. Soil tri in. No person, firm or corporation shall strip, te or otherwise remove top soil for sale, or for use than on the premises from which it is taken, except in tion with the construction or alteration of a building premises and excavation or grading incidental thereto. c. Lots of Record. Notwithstanding the limitations imposed other provisions of this ordinance, the City Council rmit erection of a dwelling on any lot (except a lot in an in us trial district), separately owned or under contract of sale and containing, at the effective day of this ordinance, an ar a or width smaller than that required for a one family dwell"ng, provided that municipal sewer and water service is avail le to the site. d. Clear On a corner lot in any residential district no fe ce, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained withi the triangular area formed by the intersecting street lines and a straight line adjoining the street lines at points which are forty (40) feet distant from the point of inter ection; provided that this regulation shall not apply to tr es trimmed to a height of eight (8) feet above the street grade level. e Zoning Page 62 Subdivision 25 e. Substandard Lots. No lot, yard, court or other open space, already containing less area than the minimum required under this ordinance, shall be further divided or reduced. e f. Bed and Breakfast. Bed and Breakfast are allowed by a special use permit in RB and RCM zoning districts as regulated in Section 31.01 of the Stillwater city Code, Subd. 13(2)(d) and Subd. 15(1)(c) subject to the following conditions: 1. At least two off-street parking spaces must be provided on-site for the owner/manager and one parking space for each room rented Bed and Breakfast unit. The parking spaces shall be signed and plan approved by the Community Development Director. 2. The dining facilities of a Bed and Breakfast establishment shall not be open to the public but shall be used exclusively by the registered guests unless allowed as a separate permitted or special use. 3. The location of another Bed and Breakfast use within three (3) blocks is prohibited. 4. No liquor is to be sold on the premises. 5. Bed and Breakfast establishments are allowed an identification sign not exceeding four (4) square feet and shall be located on site. The sign must match the architectural features of the structure. e 6. A Bed and Breakfast establishment is only permitted in a RCM or RB zoning district. Bed and Breakfast establishments are prohibited in all other districts. 7. The Bed and Breakfast structure will be at least 100 years old and/or will show proof of historic significance to the character of the City. 8. The maximum of five (5) Bed and Breakfast bedroom units may be established in a structure. 9. Adequate lighting must be provided between the structure and parking areas for safety contiguous to residential structures. 10. Additional external lighting is prohibited. 11. A Bed and Breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or county. e g. Farm Animals. In all districts any lot upon which farm animals are kept must be at least three acres in size. Farm animals are defined as: horses, cows, sheep, bees, pigs, chickens, ducks, rabbits and other commonly known domestic farm animals. Zoning Page 63 h. Pole i. Subdivision 25 Pole buildings shall be prohibited in all Landsca e Re irements. In the BP-C, BP-O, BP-I, CBD, zoning districts, the following minimum landscaping ements must be met for all projects: e 1. Minimum plant size. 1. TYPE SIZE a. De iduous trees b. D ciduous shrubs c. C niferous trees d. C niferous shrubs 1-1/2 - 1/1/3 in. caliber 18 inches high 3 - 3-1/2 feet high 1 gallon 2. Trees shall be planted along all streets. Street trees shall be set back a distance of ten (10) feet from the street right-of-way. Deciduous trees shall be planted 40 feet on center and coniferous street trees shall be planted 30 feet on center. 3. The minimum front yard on developed commercial and industrial lots shall be covered with sod and maintained in an appropriate manner. 4. Portions of lots intended to be utilized for expansion of structures may be seeded with grass seed, mulched and fertilized according to the recommendations of the Zoning Administrator instead of being sodded. e 5. Planting islands in parking lots shall be planted with at least one (1) deciduous tree and at least two (2) shrubs and shall be mulched with a minimum of four (4) inches of rock, wood chips or similar material. All planting islands shall be treated with a mechanical weed inhabiter. One (1) tube for feeding and watering shall be installed in each planting island. 6. All plant materials indicated on an approved landscaping plan that do not survive two (2) growing seasons shall be replaced with identical plants during or before the following season. j . Pro" e tion into Re ired Yard Areas. Every part of a required yard shall be open and unobstructed by any building or struc ure except for the following: Awnings, sills, cornices, buttresses, eaves, landings and necessary steps and similar architectural features may project into required yard a distance of not more than 3 feet so long as the projection is not closer than 3 feet from the property line. e 2. Openwork fire balconies and fire escapes may extend not more than 3 feet into the required side or rear yard. Zoning Page 64 Subdivision 25 3. Chimneys, flues and fireplaces may extend not more than 3 feet into a required yard. e k. Exceptions to Height Regulations: 1. Roof Structures. The maximum height specified in Paragraph One may be exceeded by church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, bulkheads and similar features and by necessary mechanical appurtenances usually carries above the roof level, provided such structure is an integral part of a building. 2. Maximum Height of Accessory Buildings in Residential Districts. In residential districts an accessory building shall not exceed 20 feet in height or the distance from the accessory building to a main building or potential location of a main building on adjoining premises in a residential district, whichever is less. 1. Land Reclamation Regulations. a. "Land Reclamation" is the reclaiming of land by depositing or moving material to elevate the grade. The term "Land Reclamation" shall not include landscaping done by or under the direction of a property owner that does not affect the drainage pattern or alter or intensify the flow into or upon public or private property. When applicable land reclamation shall be done in accordance with the Flood Plain Ordinance, Grading Ordinance and City Code Section 31. 04 regarding wetlands. e b. Land reclamation shall be permitted only by special use permi t . The permit shall include as a condition thereof, a finished grade plan which will not adversely affect the adj acent land and as a condi tion thereof, shall regulate the type of material permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress and for control of material dispersed from runoff, wind or hauling of material to or from the site. m. Fence Regulations. 1. Purpose. The purpose of this section is to provide for the regulation of fences in the City of Stillwater, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses and other zoning restrictions. 2. Definitions. For the purpose of this ordinance, the following definitions shall apply: e a. Fences shall be any lineal structure used to prevent access by persons or animals or prevent visual or sound transference. Zoning Page 65 Subd. 26. 3. Subdivision 26 ences may be permitted in all yards, subject to the ollowing: e Fences in excess of six (6) feet above the ground grade shall be prohibited unless the abutting neighbor consents to a higher fence and permission is granted by the City Council. The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. No fence shall be permitted on public right of ways. No fence shall be erected on corner lot that will obstruct or impede the clear view of an inter- section by approaching traffic. In residential districts, fences located in the front yard beyond the building line shall not exceed 42 inches in height. 4. ences may be permitted along property lines subject to he following: Fences that require continuing maintenance such as wooden privacy fences shall not be erected within one foot of a property line. e Fences in commercial or industrial districts may be erected on the lot line to the height of six feet; to a height of eight feet with a security arm for barbed wire. 5. 0 existing fence in violation of this section will be llowed to be replaced or rebuilt. Should an existing ence be replaced or rebuilt, it must come under the egulations of this section. 6. of this ordinance may be enforced by injunction and the City shall be entitled to the remedy abatement in order that a fence erected in violation this section may be removed. n. Swimmi Pool Locations: All swimming pools or appurtenances theret shall be located in the rear yard at a distance of at least ten (10) feet from any property line (see City Code, Const ction of Swimming Pools, 33.02 for additional requi ements). OFF STREET ING AND LOADING e 1. Purpose. T e purpose of the regulations contained herein is to reduce stre t congestion and traffic hazards in the City of Stillwater d to add to the safety and convenience of its citizens, Zoning Page 66 Subdivision 26 e by incorporating adequate, attractively designed, and functional facilities for off-street parking as an integral part of every use of land in the City. 2. General Provisions. At the time any building or structure is constructed or erected or modified, there shall be provided, on the same site, for the use of occupants, guests, clients, customers or visitors thereof, off-street parking spaces for vehicles in accordance with the requirements herein. 3. Number of Parking Spaces Required. Where the computation or required parking spaces produces a fractional result, fractions of one-half (1/2) or greater shall require one (1) full parking space. Art Gallery 1 for each 500 square feet of floor area. Automobile boat or machinery sales (office and service bay areas shall provide parking at those rates) 1 for each 1,000 square feet floor area. Banks 1 for each 200 square feet of floor area. Bed and Breakfast 1 per guest room 2 for manager. e Beauty Parlor 3 spaces per chair. Billiard parlors 2 spaces per table. Boarding homes for the aged 1 for each 5 beds, plus 2 for each employee on the shift with maximum personnel. Bowling Alleys 6 for each lane. Business and professional offices excluding medical and dental offices 1 for each 300 square feet of floor area. Children's Homes 1 for each 5 beds, plus 1 for each employee. shift with the maximum number of personnel. Churches 1 for each 3 seats in the main sanctuary. Convenient Stores 5 per 1,000 square feet of gross floor area. e Dance halls and assembly halls without fixed seats, exhibition halls 1 for each 3 persons of design occupancy load. Zoning Page 67 Daycare Cente s Drive-In food establishments Family dayca e and foster fronily homes Funeral home , mortuaries Furniture an appliance stores Health Club Hospitals Hotels, motels Institutions for the aged Manufacturin plants, research or testing labo atories, bottling plants, fu iture repairs Marinas Medical and ental clinics and off ices Zoning Page 68 Subdivision 26 1 space per 8 children plus 1 space per staff person. 1 for each 100 square feet of gross floor area, with drive through facility add 10 stacking spaces for drive-in window, with a minimum of 5 spaces designated for the ordering station. e 1 for every 5 guests plus 1 for each employee on the shift with the maximum number of personnel. 1 for each 5 seats of the aggregate number of seats provided in all assembly rooms. 1 for each 400 square feet of sales floor area. One space per 100 square feet of gross floor area. 1 for each 2 beds plus 1 for each employee on the shift with the maximum number of personnel. e 1 for each unit, plus 1 for the resident owner or manager (plus 1/2 of required parking for related activities such as restaurants, lounges and retail shops). 1 for every 5 guests, plus 1 for each employee on the 1 for each 325 square feet of floor area or 1 for each employee, whichever is greater 1 space per 3 slips and additional parking for launch ramps and dry storage. e 1 for each 200 square feet of gross floor area; but need not exceed an average Subdivision 26 of 5 spaces per practitioner. e Medical (or convalescent) hospitals 1 for each 5 beds, plus 1 for each employee on the shif t with the maximum number of personnel. Nursing homes 1 for every 5 guests, plus 1 for resident manager, plus 1 for each employee on the shift with the maximum number of personnel. Private Clubs Parking spaces equal to the uses that take place Residential uses Single Family/Duplex, townhouses 2 spaces per dwelling unit of which 1 is covered. Multi-family, apartments 1.5 per unit; with 1 covered plus one space per 3 units for guest parking. e Restaurants, bars or nightclubs may include dancing as a secondary use 1 for each 120 square which feet of floor area up to 5,000 square feet; 1 for each 100 square feet of restaurant area over 5,000 square feet. Retail stores, shops, service establishments, other than furniture and appliance stores 1 for each 200 feet of gross floor area. Schools - elementary and junior high; 3 per classroom. High schools 1 for each 4 students based on design capacity plus 3 per classroom. Colleges (business, beauty, etc.) and universities 1 for each employee plus 1 for each 3 students. Self-service laundry and establishments dry cleaning1 for each 200 feet of floor area. Service stations 3 for each lubrication or service bay, plus 1 for each employee on the day shift. e Sports arenas, auditoriums, assembly halls and meeting rooms 1 for each 3 seats of maximum seating capacity. Zoning Page 69 Theaters Wholesale e tablishments, warehouses service and maintenance centers Unspecified structures uses of buildings, or premises 4. Modificatio s to Requirements. Subdivision 26 1 for each 3 seats for the first 350 seats; plus 1 for each 5 additional seats. e 1 for each 1,000 square feet floor area. Where the parking requirement for a particular use is not specifically established in this section, the parking requirements for each use shall be determined by the city Council. Such determination shall be based upon the requirements for similar uses. a. Alter ative Provisions. The off-street parking requirements of th s part shall be considered satisfied if: The property being occupied is a part of a parking district which has been duly formed under the provisions of the Municipal Code; and 1. e 2. A specific development plan for an area has been adopted and contains parking standards which supersede those contained in this section or 3. The required parking spaces and street access are permanently provided within three hundred (300) feet of the parcel, and a maintenance and management plan indicating the useful functioning of such parking is submitted and approved by the Community Development Director. Not more than sixty percent (60%) of the required parking may be provided off the site. b. Coope ati ve Parking Facili ties. The requirements for the provi ions of parking facilities, with respect to two (2) more prope ty uses of the same or different types, may be satisfied by th permanent allocation of the required number of spaces for e ch use in a common parking facility, located within three hundr d (300) feet of all such participating property uses and coope ati vely established and operated. In the case of a coope ative parking facility which is designed to satisfy the parki g requirements of: 1. e From two to four (2 to 4) independent property uses, a reduction of not more than five percent (5%) of the total number of required spaces shall be allowed. Zoning Page 70 e Subdivision 26 2. From five to seven (5 to 7) independent property uses, a reduction of not more than ten percent (lO%) of the total number of required spaces shall be allowed. 3. Eight (8) or more independent property uses, a reduction of not more than twenty percent (20%) of the total number of required spaces shall be allowed. c. Shared parking Facilities. Parking facilities may be shared by two ( 2 ) or more commercial uses if their entrances are located within three hundred (300) feet of each other and if their hours of operation do not coincide, provided they: d. e 1. Receive special use and design permits so that design criteria are met and conditions of use may be established along with periodic review. 2. Submit a written document guaranteeing maintenance, hours of operation and specifying length of agreement. 3. Demonstrate how the shared parking arrangement will fulfill the intent of this section. Parking Requirements for Nonconforming Structures of Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off-street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for non-residential uses, if the increased capacity results in an increase of four (4) of fewer off-street parking spaces. 5. Miscellaneous Requirements. e a. Parking Limit. The City may establish a maximum parking limit where the development proposal exceeds City standards for the number of parking spaces required. b. Parking Use. Parking areas shall be used for vehicle parking only with no sales, dead storage, repair work, dismantling or any kind. c. Existing off-street parking spaces and loading spaces shall not be reduced in number unless said number exceeds the requirements set forth for the use. d. Facilities for the Handicapped. Handicapped parking spaces shall be nineteen feet long by twelve feet wide (19'x 12'). Parking facilities specifically designed, located and reserved for vehicles licensed by the state for these by the handicapped, shall be provided in each parking facility of ten (10) or more spaces, according to the following table: Maximum number of Spaces Required Zoning Page 71 Subdivision 26 Total 1 to 50 51 to 100 101 to 150 151 to 200 200 + 1 per Handicapped 1 2 3 4 50 or fraction thereof e e. Parking Lots in Residential Districts. When in its op~n~on the bes interests of the community will be served, the City Council may permit, temporarily or permanently, the use of land in a r sidential district, other and a One-Family District, for a p king lot where the land abuts or is across the street from a district other than a residential district, provided that: 5. sign or material is to be located on the e 1. T e lot is to be used only for parking of passenger tomobiles of employees, customers or guests of the erson or firm controlling and operating the lot, who s all be responsible for its maintenance. 2. 0 charge is to be made for parking on the lot. 3. e lot is not to be used for sales, repair work or ervicing of any kind. 4. to and exit from the lot are to be located on 6. 11 parking is to be kept back of the setback building ine be barrier unless otherwise specifically authorized y the City Council. 7. he parking lot and that portion of the driveway back r the setback line is to be adequately screened from he street and from adjoining property in a residential istrict by a hedge or sightly fence or wall not less han six feet high and not more than eight feet high ocated back of the setback line. All lighting is to e arranged so that there will be no glare therefrom nnoying to the occupants of adjoining property in a esidential district and surfacing of the parking lot s to be smoothly graded, hard surfaced and adequately rained. 8. uch other conditions as may be deemed necessary by the i ty Council to protect the character of the residential istrict. 6. Design Requi ements. a. Parkin Space. Each parking space shall be at least nine feet in wid hand 18 feet in length exclusive of an adequately design d system of access drive. Driveways for two-way traffic shall e 24 feet. e Zoning Page 72 b. e Subdivision 26 Parking Facility Layout. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or 10 feet of any property line except in the Central Business District where spaces may be allowed with and approved design permi t . c. Access to Spaces or Facilities. a. Driveway Design Standards 1. Driveways shall be designed to conform with existing contours to the maximum extent feasible. 2. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight. d. Aisles. Circulation aisles necessary for maneuvering within a parking facility shall be designed so that vehicles do not back out into a street, sidewalk or other public way, other than a residential alley. In general, double-loaded aisles are preferred to single-loaded aisles. e e e. Curbing. All commercial, industrial or multifamily residential parking lots with five (5) or more spaces shall have continuous concrete curbing around the entire parking lot. f. Border Barricades. Every parking facility containing angled or 90 degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six (6) inches in height and located not less than two (2) feet from such street right-of-way line. Such wall, fence, curb or barrier shall be securely installed and maintained. g. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five (5) inches of concrete, or one and one- half (1-1/2) inches of asphalt overlying four (4) inches of base rock except temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the Director of Public Works. All off-street parking shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks. h. Marking. Parking spaces within a facility shall be clearly painted and delineated. i. Lighting. Any lights provided to illuminate any parking facility permitted by this Title shall be arranged so as to reflect the light away from any adjacent properties, streets or highways. Zoning Page 73 Subdivision 26 j. and Screening. L andscaping shall be provided in new parking lot onstruction and reconstruction. Landscaping is employed o diminish the visibility and impact of parked cars by screening and visually separating them from surrounding activities and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site desing. Trees, shrubs, ground covering and earth berming shall be used for lot landscaping. 2. Every parking facility abutting property located in residential districts shall be separated from such property bya wall, planter or a view - obscuring fence; or a raised landscaped mound of earth, sand stones or the like; or by a permanently maintained compact evergreen hedge; or a combination of any of the preceding treatments. Such screening devices shall be six (6) feet in height, measured from the grade of the finished surface of such parking facility, along the abutting residential property; except that such OFF-STREET LOADING FACI 1. Purpose. T the safety a designed an incorporate the City. reduce street congestion and traffic hazards to add to d convenience of the community; adequate, attractively functional facilities for off-street loading shall be as necessary in conjunction with new uses of land in 2. General Pro lSlons. For every building hereafter erected, which is to be occup"ed by manufacturing, storage, warehouse, retail and/or wholesale s ore. market, hotel, hospital, mortuary, laundry, dry cleaning 0 other uses similarly requiring the receipt or distributio by vehicles of material and merchandise, off-street loading are s shall be provided in accordance with the requirements herein. a. 1 3 . Required Area Required Loading Spaces to 24,999 sq. ft. to 49,999 sq. ft. ch additional 50,000 feet or major fraction f. 1 2 b. oading space shall be not less than ten (10) feet in thirty (30) feet in length and with an overhead ce of fourteen (14) feet. c. Such court not b R-Dis pace may occupy all of any part of any required yard or space, except from and exterior side yards; and shall located closer than fifty (50) feet to any lot in an rict; unless inside a structure or separated from such Zoning Page 74 e e e Subdivision 27 district by a wall not less than eight (8) feet in height, provided a conditional fence permit is approved. e Subd. 27. SIGN REGULATIONS 1. PURPOSE. Signs have an impact on the character and quality of the environment. They attract or repel the viewing public and affect the safety of vehicular traffic. As a historic community, Stillwater is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. Signs should be kept within reasonable boundaries consistent with the objectives and goals of the community to retain its special character and economic advantages which rest in part on the quality of its appearance. The following standards in this section are therefore adopted to regulate signs. 2. SIGN PERMITS REQUIRED. All signs shall require a sign permit as required in this Chapter. A sign permit application containing the following information shall be filed with the Community Development Director: a. A drawing of the proposed sign, or signs, showing dimensions and describing materials, lettering, colors, illumination and support systems. b. Photographs of the building face and the building faces of both adjacent buildings. e c. A drawing of the building face and site plan showing the location of the proposed sign{s) as necessary. d. A cross section of the building face showing how the sign will be attached and how far it will extend from the building. e. Any pictorial proof or other information that the sign is of historical significance or is a reproduction of an historic sign as appropriate. f. A building sign plan for a building with more than one use or business, showing all signs. 3. DEFINITIONS. Awning Sign Any sign that is painted on or attached to an awning. Banner A sign intended to be hung either with or without a frame possessing character, letters, illustrations, or ornamentations applied to paper, plastic or fabric of any kind excluding flags, emblems and insignia or political, professional, religious, educational or corporate organizations providing that such flags, emblems and insignia are displayed for noncommercial purposes. e Billboard Refers to a non-accessory sign erected for the Zoning Page 75 Building Sign Plan Construction Sign Directional Sign Electrical Sign Flashing Signs Freestanding Sign Graphic Signs Governmental Sign Historical Sign Illuminated Sign Marquee Sign Mobile Sign Motion Sign Nameplate Sign Subdivision 27 purpose of advertising a product, event, person or subject not usually related to the premises on which said sign is located. e An illustration that shows all signs on a building or group of related buildings. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier or other involved parties. A sign which contains no advertising of any kind and provides direction or instruction to guide persons or vehicles to facilities intended to serve the public. All signs and displays using electrical power. An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color at all times when the sign is illuminated. Any stationary, self-supporting sign standing on the ground not affixed to any other structure. Includes monument, ground or pedestal signs. Means any mural or pictorial scene painted on the side of a wall or building or painted on a sign board affixed to a wall and in which a mural or scene has its purpose artistic effect. A "Graphic Design" shall be considered a "sign" for the purpose of this ordinance. e A sign which is erected by a governmental unit for identification or traffic. Any sign that is of historical significance or that is an historical resource within the meaning of Minnesota Statues Chapter 116B. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source. A permanent roof-like structure extending from part of the wall of a building but not supported by the ground and constructed of durable material such as metal or glass. Signs on wheels or otherwise capable of being moved from place to place. Any sign which revolves, rotates, has any moving parts or gives the illusion of motion. e A sign which states the name and/or address of the business, industry or occupant. Zoning Page 76 Subdivision 27 Portable Sign Any sign that is designed to be moved. e Projecting Sign Any sign projecting from a building wall. Public utility Sign Signs which identify public utilities. Sign A display, illustration, structure or device which directs attention to an object, product, place, activity, person, institution, organization or business. The term shall not include the United states flag or any governmental flag properly displayed in approved manner. Sign Area The area which is framed either physically or visually by the construction, design or layout of a sign itself but not including supporting structures. Sign Structure The supports, uprights, braces and framework of the sign. Temporary Sign A sign constructed of paper, cloth, canvas or other similar lightweight material with or without frame and all others intended to be displayed for a short period of time only. e Three-Dimensional Sign A type of projecting sign which depicts a physical object, such as a shoe or product sold, as opposed to utilizing letter to convey the signing message. Real Estate Sign A business sign placed upon a property advertising that particular property for sale, rent or for lease. Roof Sign Any sign which is erected, constructed or attached wholly or in part upon or over the roof of a building. Window Sign A sign attached to, painted on or erected against the wall of a building with the exposed face of the sign plane parallel to the plane of said wall. A sign affixed to a window galls or door glass. This does not include merchandise on display. Wall Sign 4. GENERAL PROVISIONS. The following provisions apply to signs located in all zoning districts: A. All signs and sign structures shall be properly maintained and shall be constructed of sufficiently permanent materials so that they shall not succumb to deterioration from weathering. Any existing sign or sign structure which is rotted, unsafe, deteriorated, defaced or otherwise altered, shall be repainted, repaired, replaced or removed as necessary. e Zoning Page 77 B. C. Subdivision 27 When e ectrical signs are installed, the installation shall be sub ect to the State's Electrical Code. Overhead electrical wiring is not allowed. e s other than governmental signs shall be erected or tempor rily placed within any street right-of-way or upon public lands or easements or right-of-ways without City Council approv 1. D. or sign structure shall be erected or maintained if ents free ingress or egress from any door, window or cape. No sign or sign structure shall be attached to pipe or fire escape. E. Tempor ry signs may be allowed for special business events such as bu iness openings and closings, change in management, district wide shopping events or other special occasions for thirt (30) days maximum by permit from the Community Devel ment Director. F. G. H. Sign conse structures not used for signing tive months shall be removed. for twelve (12) y may grant a permit to locate signs or decorations on, within the right-of-way for a specified period of time. All s"gns shall be compatible with the building and area in which they are located. e 1. No mo e than three (3) properly displayed flags may be displ yed outside of the building. J. A sig shall not obscure architectural features of a building to wh"ch the sign is attached. K. A bui ding address shall not be considered a sign. L. The t rms of this ordinance may be waived if the sign is an histo ic resource or if the sign is a proposed reproduction of an historic sign. M. Graph c design signs without Special Use Permit. 5 . PERMITTED S GNS. The followi g signs are allowed without a permit in all zoning districts b t shall comply with all other applicable provisions of this ordin ce: A. Publi safet signs memor on or of of Signs: Signs of public, noncommercial nature including signs, danger signs, trespassing signs, traffic signs, indicating scenic or historical points of interest, al plaques and the like, when signs are erected by or er of a public officer or employee in the performance icial duty. e B. Integ al Signs: Names on buildings, date of construction, Zoning Page 78 e C. D. e e Subdivision 27 commemorative tablet and the like, which are of permanent construction and which are an integral part of the building or the structure. Poli tical Signs: Signs or posters announcing candidates seeking political office or issues to be voted upon at a public election. Such signs must contain the name and address of person ( s) responsbile for such signs and that person ( s) shall be responsbile for its removal. These signs shall erected no more than 45 days before any election and be removed five (5) days after the general election for which they are intended. The city shall have the right to remove and destroy signs after the five (5) day limit. Size: The size of a political sign shall be regulated as follows: 1. Residential and CA Districts - The maximum sign size shall be 6 square feet in area with a maximum height of 4 feet. 2. IP Districts - The maximum size shall be 35 square feet in area. Holiday Signs: Signs or displays which contain or depict messages pertaining to a national, state or local holiday and no other matter and which are displayed for a period not to exceed 60 days. E. Construction Signs: A non- illuminated sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall be confined to the site of the construction, alteration or repair and shall be removed within two (2) years of the date of issuance of the first building permit or when the particular proj ect is completed, whichever is sooner. One sign shall be permitted for each major street the project abuts. No sign may exceed 32 square feet in Multi-Family Residential, Commercial and Industrial Districts and 12 square feet in Single Family Residential Districts. F. Individual Property Sale, Lease or Rental Sign: An on-premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. Such signs are limited to six (6) square feet in residential districts and 32 square feet in commercial districts. Signs must be removed within then ten (10) days after sale or rental of property. G. Rummage Sale Signs: Signs advertising a rummage sale not exceeding four (4) square feet located on private property which conform to the applicable provisions of this title and Zoning Page 79 H. K. are re.jved at the termination of the sale. Subdivision 27 One nam each dw structu than tw plate sign, placed on a wall of the structure, for lling not exceeding two (2) square feet in area per e. No signs shall be so constructed as to have more (2) surfaces. e J. One nam plate for each dwelling group of six (6) or more units. Such sign shall not exceed six (6) square feet in area per sur ace. No sign shall be constructed to have more than two (2) surfaces. Real Es ate Development Project Signs: For the purpose of selling or promoting a development project of three (3) to twenty- ive (25) acres, one sign not to exceed 100 square feet of adve tising surface may be erected on the project site. For pro ects of twenty-six (26) through fifty (50) acres, one (1) or wo (2) signs not to exceed 200 aggregated square feet of adve tising surface may be erected. For projects over fifty (50) ac es, one (1), two (2) or three (3) signs not to exceed 300 ag regate square feet of advertising surface may be erected No dimension shall exceed 25 feet exclusive of support ng structures. Such sign shall not remain after 95 percent of the project is developed. The permit for such sign must be enewed annually by the City Council, shall be bordered with a decorative material compatible with the surrounding area. f such signs are lighted, they shall be illuminated only du ing those hours when business is in operation or when the mod 1 homes or other development are open for conducting busines . e L. No sign permit is required for window signage that does not cover m re than one third of the total area of the window in which t e sign is displayed. 6. PROHIBITED SI NS The following signs are prohibited in all zoning districts: A. Any sig which obstructs the vision of drivers or pedestrians or detr cts from the visibility of any official traffic control device. B. which contains or imitates an official traffic sign 1, except for private, on-premises directional signs. C. ises advertising signs except as regulated herein. D. Any sig which moves or rotates including electronic reader board s"gn, except approved time and temperature information signs a d barber poles. E. No sign shall display any moving parts, be illuminated with any fl shing or intermittent lights or shall be animated, except ime and temperature information. All displays shall be shie ded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any e Zoning Page 80 Subdivision 27 e driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. F. Roof signs. G. Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devises, except where used for noncommercial purposes or part of an approved sign plan. H. Portable Signs including but not limited to signs with wheels removed, attached temporarily or permanently to the ground, structure or other signs, mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used on the normal day-to-day operations of that business, hot air or gas fill balloons or semi-truck umbrellas used for advertising. I. Signs painted directly on building walls unless approved by sign permit. J. Illuminated signs or spotlights glvlng off an intermittent or rotating beam existing as a collection or concentration of rays of light. e K. Revolving beacons, beamed lights or similar devices. L. Signs supported by a guy wire. M. No sign shall be erected, places or maintained by any person on rocks, fences or trees. N. No sign shall be erected which will interfere with any electric light, power, telephone or telegraph wires or the supports thereof. O. Graphic design signs without Special Use Permit. P. Billboards. 7. PERMITTED SIGNS IN RESIDENTIAL DISTRICTS A. Professional name plate wall signs not exceeding two (2) square feet in area. B. Memorial signs or tablets, names of buildings and the date of erection when cut into a masonry surface or when constructed of bronze or other incombustible material. C. Political signs as regulated. e D. Individual property sale, lease or rental as regulated. E. Construction signs as regulated. Zoning Page 81 F. G. Subdivision 27 boards or public information signs not over thirty- two ( 2) square feet located only on the premises of public, able or religious institutions. e signs, such as neighborhood or project identification consistent with the neighborhood character, subject to 1 U se Permit. 8. PERMITTED S GNS BY A SIGN PERMIT IN THE CENTRAL BUSINESS OR GENERAL COMMERCIAL ISTRICT. The followi hereby permitted with a sign permit: General Re irements: A. All s gns in the General Commercial, CA, or Central Business Distr ct, CBD, are regulated by the following requirements: 1. Number: One wall, monument, awning and canopy or three dimensional sign is allowed per business. When a building or business abuts two or more public streets, an additional sign located on each street building face is allowed. 2. Sign Plan: When there is more than one business or use in a building with more than one sign, a building sign plan shall be provided with the sign permit application. e 3. Permit Review: All signs in the Central Business District shall require a design permit and meet the approved Downtown Design Guidelines for signage. 4 . Other Requirements: See area, location and height requirements below for type of sign selected. B. Wall i ns 1. Area. The total building signage shall have an aggregate area not exceeding one (1) square foot for each foot of such building face parallel or substantially parallel to a street lot line. 2. Location. A wall sign shall not project more than sixteen (16) inches from the wall to which the sign is to be affixed. 3. Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed or fifteen (15). feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. 4. Lighting. Externally illuminated or back lit letters are allowed, no internally illuminated signs. e 5. Special Conditions. Where a principal building is Zoning Page 82 Subdivision 27 e devoted to two (2) or more permitted uses, the operator or each such use may install a wall sign for their particular use. A sign plan must be submitted for the entire building. a. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of such building face parallel, or substantially parallel, to a street lot line with a minimum of twenty-five (25) square feet per business. C. Freestanding Signs 1. Area. The area of a monument type freestanding sign shall not exceed thirty (30) square feet. 2. Location. A monument sign shall be located in any required yard but shall have a setback of fifteen (15) feet from any point of vehicular access, public roadway or property line. 3. Height. A monument sign shall not project higher than six (6) feet, as measured from the base of sign or grade of the nearest roadway, whichever is lower. 4. Landscaping. The area around a monument sign shall be landscaped. e 5. Lighting. Externally illuminated or back lit letters are allowed, no internally illuminated signs. D. Awning and Canopy Sign 1. Area. The gross surface of an awning or canopy sign shall not exceed fifty (50) percent of the gross surface area of the smallest face of the awning or canopy to which such sign is to be affixed. 2. An awning or canopy sign shall not project higher than the top of the awning or canopy or below the awning or canopy. E. Three-Dimensional Sign 1. The total area of a three-dimensional sign shall be determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area shall not exceed nine (9) square feet. F. Projecting Sign 1. The total areas of a projecting sign shall be six (6) square feet. e 2. All projecting sign shall be located on street level and easily visible from the sidewalk. Zoning Page 83 Subdivision 27 3. I lighted, projecting signs shall be externally i luminated. 9. PERMITTED PERMIT IN INDUSTRIAL PARK DISTRICTS e All commercia , office and industrial signs in all IP Districts are subject to t e following conditions: One (1) wall, freestanding, awning or ca opy sign per business is permitted subject to the following re irements: A. 1. Area. The gross surface area of a wall sign shall not exceed one (1) square foot for each foot of building, parallel, or substantially parallel, to the front lot line. 2. Location. A wall sign shall be located on the outermost wall of any principal building but shall not project more than sixteen (16) inches from the wall to which the sign is to be affixed. The location and arrangement of all wall signs shall be subject to the review and approval of the Community Development Director. Height. A wall sign shall not proj ect higher than the parapet line of the wall to which the sign is to be affixed or twenty (20) feet as measured from the base of the building wall to which the sign ~ is affixed, whichever is lower. ~ Special Conditions. Where a principal building is devoted to two (2) or more permitted uses, the operator of each such use may install a wall sign upon his/her proportionate share of the building wall to which the sign is to be affixed. A sign plan must be submitted for the entire building with the following information: a. The total gross signage for the entire building shall not exceed one (1) square foot for each foot of such building face parallel, or substantially parallel, to a street lot line or a minimum of twenty-five (25) square feet per business. b. The location, sizes, types and elevations of all signs. c. All signs shall be visually consistent in location, design and scale. B. reestandin e Area. The gross surface area of a ground sign shall not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area Zoning Page 84 Subdivision 27 of 200 square feet. 2. Location. A ground sign may be set back fifteen (15) feet from front or side property line. e 3. Height. A ground sign shall not project higher than twenty-five (25) feet, as measured from base of sign or grade of the nearest adjacent roadway, whichever is lower. C. Awning, Canopy 1. Area. The gross surface area of an awning, canopy or marquee sign shall not exceed fifty (50) percent of the gross surface area of the awning, canopy or marquee to which such sign is to be affixed. 2. Location. A sign may be affixed to or located upon any awning, canopy or marquee. 3. Height. An awning, canopy or marquee sign shall not project higher than the top of the awning, canopy or marquee to which such sign is to be affixed. 10. AUTOMOBILE SERVICE STATION SIGNS e Automobile service stations are allowed one (1) wall sign and one (1) ground sign subject to the following conditions: a. Wall Signs. There shall be no more than one (1) wall sign with a maximum sign area of one (1) square foot for each lineal foot of building frontage. b. Freestanding Signs. There shall be no more than one ( 1) freestanding sign for each principal building. A freestanding sign shall be set back fifteen (15) feet form the front and side property line. A freestanding sign shall not project higher than twenty (20) as measured from grade or contain more than 65 square feet of signage. c. Service Bay and Island Identification Signs. Service bay and island identification signs are permitted providing direction or instruction to persons using the facility but containing no advertising material of any kind. 11. SPECIAL SIGN HEIGHT LIMITS Because of the character of the area, including existing and proposed land use, special sign height limits for freestanding signs are required for certain streets as follows: a. Curve Crest Boulevard from South Greeley to Washington Avenue and Orleans from Washington Avenue to County Road 5 - Six (6) feet. e b. County Road 5 from Highway 36 to Croixwood Boulevard and South Zoning Page 85 Subdivision 28 y from Orleans to Highway 36 - Twenty (20) feet. from Tower to Orleans street - Six (6) feet. e c. 12. NONCONFORMI G USES a. Nonco forming signs that are lawful on the date of the adoption of th" s ordinance shall have rights outlined in Chapter 31.01, Subd. 9 of the Zoning Ordinance with respect to their alter tion, extension, restoration and abandonment. b. rson violating or failing to comply with any provision s ordinance shall upon conviction thereof be guilty of emeanor. In all cas thirty (30) on which t remove the specially a located. s of violations of this ordinance which are unabated ays after written notice to record owner of the property sign is located, the City may proceed to abate and iolation and, if deemed necessary, to have cost thereof sessed against the lot or parcel where the violation was 13. VIOLATIONS SUBD. 28. GRADING PE 1. shall undertake, authorize or permit any of the ing actions without first having obtained a grading permi f~om the City: e a. Any excavating, grading, filling or other change in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated Wetlands, Floodplain or Shoreland District; b. Any excavating, grading or filling other changed in the earth I s topography in any designated Wetlands, Floodplain or Shore land District; or c. Any mining operation for gravel or other materials. d. Any changing of a natural drainage way or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property. 2. Notwi hstanding the above, no grading permit shall be required for t e following activities, except as required by Minnesota State Building Code: a. Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval, or b. Earthwork which will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated Wetlands, Floodplain or Shore land District and does not affect local drainage patterns. e Zoning Page 86 3. subdivision 28 e No grading permit shall be issued for site grading without approved plans for site development and adequate provision for site protection from wind or water erosion. 4. No person shall undertake, authorize or permit any excavating, grading, filling or other change in the earth's topography which violates or is not in compliance with a grading permit issued by the City, including the approved plans and all terms and conditions of the permit. 5. All grading permits which would result in the moving or more than 1,000 cubic yards of material per acre of site area shall be reviewed as a conditional use permit under the standards outlined in Subd. 27 of this section, to the extent possible grading permit review will be combined with other planning permits reviews. 6. Review of Grading Permits. A. Application for a grading permit which requires review as a conditional use shall be made to the Communi ty Development Director on forms provided by the City and shall be accompanied by the following as required: 1. 2. e 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. e 14. the legal description of the property; the fee required by Chapter 70 of the Uniform Building Code; and evidence of ownership or an interest in the property; existing and proposed final grades utilizing two foot contour intervals; a survey showing the location and elevation of all roads, utilities and structures which may be impacted by the proposal; a tree survey showing all trees having a caliper of six (6) inches or greater and a tree preservation plan; a landscaping and site restoration plan; a development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this ordinance and the comprehensive plan; a drainage plan which includes any engineering work for stormwater retention which may be necessary; an erosion control plan indicating the type and location of erosion measures to be used; a traffic analysis showing how the materials will be removed from or delivered to the site; two copies of all available soil borings together with boring location maps and any other soil information pertinent to improvements; such other information as may be required by the City; and schedule of building construction phasing on permit site. Zoning Page 87 Subdivision 28 7. Admini trative Review of Grading Permits. 8. A. B. Gradi rading plans which would result in the move of more than o but less than 1,000 cubic yards of material per acre ay be approved by the Community Development Director. he applicant shall submit the required items from B ove. e pon receipt of a completed application, the Community evelopment Director shall review the application wi thin en (10) working days and shall notify the applicant of he decision by mail. The Community Development Director ay impose such modifications and conditions as may be ecessary to protect the public interest. Bonding may e required in any amount sufficient to enure site restoration should the applicant default on his or her responsibilities. Permit Standards. A. rading permits shall be issued only for grading plans hich comply with the following: 1. The plans shall maximize the preservation of trees on the property and utilize the trees to the maximum extent possible to screen the grading from adjacent property; 2. The plan shall utilize landscaping to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property and enhance the property's development potential. All areas altered because of grading activity shall at a minimum, be restored with seed and disced mulch or sod within two weeks after the completion of the activity. The City may approve an extension of this deadline of appropriate, but in no case shall site restoration be delayed beyond October 1; e 3. The plan shall not result in sites which are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by such matters as unsuitable finished grades, poor soil stability, unsatisfactory drainage or exposure to deleterious influences such as highway frontages for residential property; 4. The plan shall provide for the removal of any significant amounts of organic material or construction debris from the site; 5. In instances where an existing natural or created buffer will be impacted by grading or filling operations, site restoration shall be completed in a manner which resembles, to the extent e Zoning Page 88 Subdivision 29 e possible, the original vegetative and topography state of the property, when deemed appropriate by the City; 6. The plan shall protect designated wetlands, floodplains, shorelands, public waters and other natural features to the maximum extent possible. 7. The plan shall provide for adequate drainage, stormwater retention and erosion control measures; 8. The plan shall provide for traffic movements to and from the site which do not have significant adverse affects on roads, intersections or development in the area. streets surrounding the site shall be swept as needed to remove any debris which may accumulate due to these activities; 9. The plan shall include a schedule of activities which limits the duration of off-site disruptions and impacts; 10. The plan must also be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the Minnesota Department of Natural Resources and any other government agency which has jurisdiction; e 11. The plan shall be accompanied by a bond sufficient to insure compliance with the approved permit and adequate site restoration. The amount of the bond shall be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of material moved, necessary site restoration and potential impacts upon public facilities, including damage to public roadways and property; and 12. The plan shall comply with the Minnesota State Building Code and all other applicable statutes or ordinances. SUBD. 29. DESIGN REVIEW PERMITS. 1. Purpose. The intent of design review is to secure the general purposes of the Comprehensive Plan and Downtown Plan, to maintain the character and integrity of neighborhoods and commercial districts by promoting excellence of design and development, preventing traffic hazards, providing adequate services and encouraging development in harmony with its surroundings. 2. Establishment of Committee. Design Review Committee as set forth in this section shall consist of the Heritage Preservation Commission as it is set forth and established pursuant to Stillater City code Section 22 (10). e Zoning Page 89 3. Required types of a. Planni Busine For si Commis Type 0 b. c. l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Subdivision 29 Design review that is required for the following lopment or uses in the design districts as follows: g Districts - a Downtown Plan District and to West s Park Plan District. e alteration permits pursuant to Heritage Preservation ion Chapter 22.01, Subd. 6. projects and uses: 18. commercial structures. industrial structures. ew multiple dwellings and dwellings groups containing hree (3) or more dwelling units. uplexes or two or more detached dwellings on one lot. tructures intended for office use. ommercial or industrial uses of land not involving a uilding including outside storage loading or utility reas. ccessory structures and uses except those accessory uses nd structures. y structure or use of which a variance, special or onditional use permit is required. y exterior remodeling and/or site alterations with a alue of $5,000 or more to any existing commercial, ffice or industrial building or structure. y exterior remodeling that could clearly alter the rchitectural integrity of that structure, residential r commercial. 11 signs requiring a sign permit in Design Review istrict. y project where the applicant is a public agency over ith the city exercises land use controls. y projects where the applicant is a public agency over hich the City exercises land use controls. rojects in the Bluffland/Shoreland District, including u t not limi ted to building, roads, br idges , docks, horeline riprap and boat storage areas. y project which requires design review as a result of specific City action or as a result of a condition of rior approved project. arking lots of five or more spaces. odification to any use/structure originally requiring esign review. y PUD or subdivision. 4. Application: Application for design review shall be filed with the Community De elopment Director on the prescribed form and include the followin a. site development plan including: 1. 2. 3. 4. 5. 6. arking and circulation areas. ocation of buildings. ocation and description of site. rientation of windows and doors. ntrances and exits. pen spaces. Zoning Page 90 e e e e 7. 8. 9. 10. 11. Subdivision 29 Pedestrian circulation. Adjacent buildings. Drainage plan. Lighting plan. Sign plan. b. Preliminary architectural drawings including: 1. Building elevations. 2. Preliminary floor plan. 3. Picture or drawing showing adjacent building(s) as appropriate. 4. Screening details. c. Landscape Plan: 1. Plants and lawn areas. 2. Fences, walls, surface textures, screening materials. 5. Fee. The application fee shall be established by city council resolution. 6. Review of Application by the Design Review Committee. The Design Review Committee as established by this section, shall review all applications. The Community Development Director shall arrange with the applicant a time and place of meeting between the applicant and the Design Review Committee and the Committee shall make reports and recommendations for each application to the Planning Commission and City Council. a. e b. Sign Permits. The Design Review Committee shall make a final decision on the granting or denial of a sign permit after seeking the recommendation of the Community Development Director. The sign applicant or any party aggrieved by the decision of the Committee has a right to appeal the decision to the City Council, which shall sit as a Board of Adjustment and Review. 7. Consideration in Review of Application. The consideration of the Design Review Committee shall include, but not be limited to: a. Consideration relating to site layout: 1. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site, the character of the neighborhood and the appearance and harmony of the buildings with adjacent development. b. Consideration related to architectural character: e 1. 2. The suitability of the building for the intended purpose. The consistency of the applications design with approved design guidelines. The compatibility of the character of the design with adjacent development. 3. Zoning Page 91 c. I Subdivision 29 consi1eration relating to landscaping: 1. The location, height and material of walls, fences, hedges, trees and screen plantings to enure harmony with adjacent development or to conceal areas, utility installations or other unsightly development. 2. The planting of ground cover or other landscape surfacing to prevent dust and erosion. 3. The preservation of healthy mature trees. 4. Usable open space in terms of quantity and quality of landscaping. d. Consi eration relating to outdoor advertising: 1. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the ppearance and harmony with adjacent development. e. of the historical structures, vistas, sites and development on these resources. relating to traffic circulation, safety and f. relating to drainage: 1. he effect of the site development plans on the adequacy f the storm and surface water drainage to both the site nd adjacent property. onnection with existing drainage system. 2. g. h. design guidelines for areas or districts of the City lly adopted by the City Council. 8. Conditions: recommendati project for Council shal The grantin conditions a out the inte The Planning COnmUssion shall consider the from the Design Review Committee and recommend the pproval or disapproval to the City Council. The City make a final decision on granting the design approval. of the design permit approval may indicate such the Council deems reasonable and necessary to carry t of this chapter and the Zoning Ordinance. 9. Findings and Decisions: Upon finding by the City Council that the application, subject to any conditions imposed will: a. Secure the purpose of the Zoning Ordinance, Comprehensive Plan and th Heritage Preservation Ordinance found in Section 22.10 of the Stillwater City Code. The City Co ncil shall approve design permits subject to such conditions a it deems necessary or otherwise deny the application. 10. Time Limitat ons on Approval. If any development for which design review has b en granted is not established within one year from the date of Counc"l approval, the approval shall be deemed automatically revoked unle s extended in response to written extension request by Zoning Page 92 e e e Subdivision 30 the City Council. 11. Conformance to Approval and Site Supervision. The Community Development Director shall perform site supervision as a part of the building permit procedure for which design permits have been granted and the Community Development Director shall follow through to ensure that all provisions and conditions of the design approval are complied with. e 12. Revocation. The City Council may, after holding a public hearing, revoke or amend a design permit approval for either of the following reasons: a. That the approval of the permit was based on false information submitted by the applicant. b. That the permit is being exercised contrary to the terms or conditions of approval or in violation of the Zoning Ordinance. Subd. 30. ADMINISTRATION AND ENFORCEMENT 1. Administration Official. Except as otherwise provided in this ordinance, the Community Development Director shall be charged with responsibility of administration and enforcement hereof. 2. Compliance. No land shall be occupied or used and no building erected, altered or extended, nor shall the use of such land or building be changed, nor shall any building permit be issued therefore, until the Community Development Director has certified that the same complies with all applicable provisions of this ordinance. e 3. Matter Accompanying Application. In addition to all matters that are required to be submitted with applications for building permits by other ordinances, there shall be submitted two copies of a layout or plot plan, drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as the building inspector may require in order to determine and provide for the administration and enforcement hereof. 4. Special Use Permits, Variances and Certificates of Compliance. a. All applications for special permits and for variances shall be in writing on forms prescribed by the Community Development Director and shall be filed in the office of such official. The Community Development Director, shall upon receipt of any such application, forthwith transmit same together with any other evidence or information relative thereto, to the City clerk who shall place same on the agenda of the next regular meeting of the City Council. At such meeting, the City Council shall set a date for hearing on said application and shall direct the City clerk to give notice thereof, which notice shall be published at least once in the official newspaper of the City and mailed to all known property owners within 300 feet of the outer boundaries of the property affected at least ten (10) days prior to the date of said hearing and shall set e Zoning Page 93 b. Subdivision 30 forth the time and place of said hearing as well as a general state ent of the nature and purpose thereof and a description of the property involved. If the City Council should determine that ermit or variance applied for is such as may affect the ~ regul tion and control of the future physical development of the Ci y, it may also direct that said application be referred to t e Planning Commission with the request that said Commi sion submit its advisory opinion relative thereto prior to th date of said hearing. No application for a special use , conditional use permit or variance shall be granted the applicant has paid to the City treasurer all fees ts provided for in 31.01 Subd. 30(4)(b). 1. 2. c. For of Co 1. 2. 3. 4. 5. No application for a special use permit, conditional rmit or variance shall be granted until the applicant id to the City treasurer the fees set forth below, plus lication cost of any required public notice. All sums be credited to the general fund of the City. Variance. For all zoning districts the fee shall be $50. Special Use or Conditional Use Permits. a. For RA-Single Family and RB-Two Family Districts the fee shall be $50. b. For RCM-Medium Density Family, RCL-Low Density Family, RCH-High Density Fronily, CA-General Commercial,IA-GeneralLightIndustrial,IB-General Heavy Industrial the fee shall be $150. e c. For BP-C Business Park Commercial, BPC-O Business Park Office and BP-I Business Park Industrial, the fee shall be $150.00, plus monetary deposit of $200.00 to cover the cost of engineering or legal review. Any amount remaining after costs have been paid will be refunded to applicant. If the deposit is not sufficient the applicant must submit an additional amount before the use permit will be issued. D. In case of applications submitted after the development or any substantial portion of the development has begun, the fee shall be double those stated above. 1 Conditional Use Permits, Variances and Certificates liance the following shall be submitted: Application form. Application fee and monetary deposit. A written description of the proposed use that describes, among other things, the type of operation, number of employees and customers and other pertinent information. Property description and proof of ownership. The application shall be accompanied by twelve (12) sets of development plans of the proposed use showing such e Zoning Page 94 Subdivision 30 information as may be necessary if desirable, including, but not limited to those listed below. e a. Site plan drawn to scale illustrating the following: 1. Outline of parcel 2. Location and dimensions of all proposed buildings. 3. Adjacent streets, curb cuts, driveways, access roads, parking spaces, off-street loading areas, sidewalks, trash storage areas, etc. 4. Location of all existing and proposed utilities. 5. Location of any proposed signs. 6. Parking lot design. Specifications for curbing and paving along with contractors estimates must be submitted. 7. Landscape plan. The following must be submitted: e a. Location, size and species of all existing and proposed trees and shrubs. Location and type of groundcovers. Planting details for trees and shrubs that indicate the methods of planting and staking. ' The spacing of all shrubs and trees. Location and contraction details of all fences, sidewalks and planting islands. Written contractor estimates on the cost including installation of all plantmaterials,groundcoversandother landscape features. b. c. d. e. f. 8. A grading and drainage plan that indicates the elevations of all buildings and the parking lot and illustrations that storm water will be sufficiently disposed. The grading and drainage plan will be reviewed by the engineer. 9. Dimensioned plans drawn to scale for all proposed buildings to include: e 10. a. Floor plans b. Elevations c. Type of construction d. Type of exterior siding and roofing materials. For all developments that include a sign of any type, submit a sign sketch to include: a. Dimensions Zoning Page 95 Subdivision 30 b. c. d. Square footage Type of material Method of support Message Location e e. f. 11. An irrevocable letter of credit, pe:iformance bond or escrow deposit may be required by the Community Development Director to insure compliance with the Conditional Use Permit or Special Use Permit. The amount of the financial security is equal to 125 percent of the site improvements. 5. Conditions Approval. In granting any special use permit or variance, t e City Council may prescribe any conditions deemed necessary t or desirable for the public interest; however, no such permit shal be granted unless it is found that the use for which such permit is sought will not be injurious to the neighborhood or otherwise d trimental to the public welfare and will be in harmony with the gen ral purpose of this ordinance. In making such findings, the Council shall consider: The c aracter and use of both adjoining and proximate land and build ngs. The ount of traffic to be generated by the proposed use and the ours during which said traffic will generally be ted. ount of noise, odor and/or glare which would emanate he proposed use. ed for the screening of parking, loading, storage areas her outdoor activities of the proposed use. llution control and solid waste storage and disposal es. factors and conditions deemed to be important in the eration of the request for a special permit. a. b. gener c. The from d. The n and 0 e. Air measu f. Other consi e 6. Variances. The City Council may vary or adopt the strict application of any of the requirements of this ordinance in the case of exceptional y irregular, narrow, shallow or steep lots, or other exceptional physical conditions whereby such strict application would result in ractical difficulty or unnecessary hardship so as to deprive the owner of the reasonable use thereof; and in granting such variance, ay prescribe any conditions deemed necessary to or desirable f r the public interest; however, no variance shall be granted unl ss it is found that: There are special circumstances or conditions, fully described in th findings, applying to the land or building for which the v riance is sought, which circumstances or conditions are pecul"ar to such land or buildings and do not apply generally to 1 nd or buildings in the neighborhood, and that said circ stances or conditions are such that the strict appli ation of the provisions of this ordinance would deprive the a plicant of the reasonable use of such land or buildings. a. e Zoning Page 96 Subdivision 30 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. e 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 findings, 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. 7. Certificate of Compliance for Business Park Districts. a. The Community Development Director shall issue a certificate of compliance in any district for a proposed use listed in the Business Park (BP-C, BP-O, BP-C) Districts as a use which must obtain a certificate of compliance prior to the issuance of a building permit if the proposed use will not be contrary to the provisions of this ordinance and that other codes and ordinances have been fully complied with. b. Conditions required by this ordinance shall be applied to the issuance of the certificate of compliance and a periodic review of the certificate and proposed use may be required. The certificate shall be granted for a particular use and not for a particular person or firm. e c. The Community Development Director shall maintain a record of all certificates of compliance issued including information on the use, location and conditions imposed as part of the permit such as time limits, review dates and such other information as may be appropriate. d. Whenever this ordinance requires a certificate of compliance, an application therefore, in writing, shall be filed with the Zoning Administrator. e. The application shall be accompanied by development plans of the proposed use showing such information as required in Subd. 30 ( 4) (b) . f. The Zoning Administrator shall issue or deny the certificate of compliance within ten (10) days of the date on which all of the required information has been submitted. g. If no such action on the request for a certificate of compliance is taken within such time, the request for a certificate of compliance shall be considered denied. e h. If the request for a certificate of compliance is denied or if conditions are imposed, the applicant may appeal the decision to the City Council. The procedures to be followed in this case shall be the same as those followed for an appeal Zoning Page 97 8. 9. Subdivision 30 of a y administrative decisions made by the Zoning Admin"strator. e Special Cou cil Review, Variances. Notwithstanding the prOV1Slons of the imme iately foregoing Subd. 4 above, the City Council may proceed to hear and grant applications for special permits and variances w"thout prior notice of any kind in cases where it shall appear to th Council that substantial property rights of others are not involve and that such action is not inconsistent with the general pu ose of this ordinance. Life a. EXPI Use Permits and Variances. 1. Each approved Variance or Use Permit shall expire and become null and void twenty-four (24) months from the date on which it is approved unless substantial physical improvements have been made to the property in reliance on the Permit or Variance within that time. 2. A Variance runs with the land unless otherwise specified as a condition of approval. Once exercised, a variance remains in effect. 3. An approved Use Permit is transferrable to future owners of the subject property unless prohibited in the conditions of Permit approval. e 4. Any Use Permit which has been exercised shall expire and become void where the use has ceased for a period of twelve (12 ) consecutive months, whether or not it is the intent of the owner to abandon the use. b. EXTEN ION OF PERMITS Any U e Permit may be extended for an additional period not c. REVOC TION OF PERMITS Where the conditions of approval of a Permit have not been met or ar not complied with, the City Council shall give notice to t e permittee, which notice shall specify a reasonable perio of time within which to perform the conditions and corre t the violations. If the permittee fails to comply with the onditions, or correct the violation within the time allow d, notice shall be given to the permittee of intention to re oke the Permit at a hearing to be held not less than ten (10) alendar days after the date of the notice. Following the earing and, if good cause exists therefore, the City Counc" 1 may revoke such Permit. 10. RESUBMITTAL OF DENIED, REVOKED OR WITHDRAWN APPLICATIONS e When any P same, or s of one (1) rmit is denied or revoked, no new application for the stantially the same project, may be filed for a period year from date of the denial or revocation. Where an Zoning Page 98 Subdivision 30 application has been denied without prejudice, or withdrawn, application of the same or substantially the same project may be filed within the period of one (1) year. e 11. Appeals. Any person, firm or corporation claiming to be aggrieved by any decision of the Community Development Director under the provisions of this ordinance may appeal the decision to the City Council. 12. Amendments. The City Council may from time to time on its own motion, on petition or on recommendation of the Planning Commission, supplement or repeal any of the provisions of this ordinance; provided that not less than ten (10) days prior to the second reading of any amending ordinance which would affect a rezoning a notice stating the general nature of such proposed amendment, the property affected thereby and the time of such second reading, shall be published in the official newspaper of the City. 13. Penalties. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $100 or by imprisonment in the county jail for not more than 90 days. e e Zoning Page 99 .. ... . ADVERTISING 429-7781 . CIRCULATION 4:!9"3365. CLASSIFIED 429,2228. NEWS 439"0208. FAX 429.1242. TRAIN fights local railroad Homeowners unite In effort to derail MTM, Zephyr by JOlin Gl'rtl'n Starr Editor Several Washington County home(lWn~rll who live IIlong a elx-lnile :ilttetch of railroad track from St.iIIwater to Grant Town- Rhip have dp.darp.r1 war against the trains w 110 uso the track!!. H~Ridenta have been fight" ing to deruilthe Stillwnter.bll811d Minllesota Transportation M\15(!Ulll (M'l'M) train I! llnd the MinneRota Zephyr dinner train slllcC! last year, Now they have formed IUI offil:ial (lI'sani1.al,ioll to carry th~\ir fight, 'I'hay call themRelvea Town Rllllidllntll AgWlIllt lllugl\l Nuis- ance (TllAI Nl and have elected u!ficara, u communicution direc- tor 11Ild II board of directors. In a prSRR relesRe sent to the St, Croix Valley Pross TRAIN stlilted thp.i,' goal to work to "draRticnlly reduce the nuisance croatud by tho MTM and Zephyr excursion train!! that run for the City 01 Stlllwater to Duluth .......... J\lnI;UQn in Grant Town!lhip." ~" TRAIN Pre!liden~ Jim Kind- I1r sllys lIoml.ownets !iubmll.ted a pp.tiUon with l56 signatI,Jres to Wa!lhing~on County Commis' sloners last October. Since that time. Kinder said. When [.he DUrlill~l.(m N~)rt.h- they have been eubrnltted to ern gave the track to the MTM "[lolitir.al pressl,lre"from the 1111983. he said, resIdcnts under- City of Stillwuter becsu!!e of the stood that M'l'M engine 328 "mlJllo'l~ of dollars" thC! M'l'M would only run during Lumbll[, lUlU Zephyr bring into the city. jllck l'>IIYS. )-Ie said thllt M'!'M Homeowners were asked to rromilled in new!!paper article!! I;ompromillp.. tltthc tilllo l.hutl.hc train would They did, severnl tilDl)ll, only run during Lumberjack according tll Kinder. Days, ollce during tho tall foli- Lust month' resiullntR felt age seaSon, once at Christmas thp.y marlp. lIomp' progrp.1I1l when aJld once In tbo sprIng. Wllshlngtiun County Commis. In relllity, Kinder 1I11id, the sloner! IIgrced that the C()unty MTM runa up to ninl) trips 011 hod the right to regulate the weekend days dlu-ing the Bum' trill" traftie. mor, and thl! Zephyr makes two According to Kinder, resi. runs a day. dcnts havo a 1011g list of COlll- ' The DurlingtO%1 Northern plalnt!i_ only ran on weokduys when it J '<"" 1'Hl~ MINNESOTA Train Musllum's (MTMI old 328 is pictured here at ~ past. LlllnberJII<:k Doy~ celebration In Stlllwat~r_ The neighbor. hood orgllnl1.atlon, TRAIN, is trying to restrict t.ralns operRted by M'l'M Rlld t.be MillllMota Zephyr along a six-mile stretch of track from StUlwBter to Grant TowDship. . owned the trltck. llccording ~o Kindel' ".out in the morning and back in tho aftornoon. Unlike the MTM traillBN never stopped to let passengers "wwk all over the placc. .. 'l'hp. Zephyr, he !!aid, hall dewnnUc nood lights that shiue into rllSidents' homee at 11ight. KIndor said that the goncrl\l noillee, whistlp.E1, lightll. lloot and purking inconv~lniences drive residents from their horilea 011 wookonds. 'I'RA) N eQnt811dll that all this activity Is lUegal because county Ol'dinance!i forbid trains from operuting, Members of TRAIN bave propo!IP.d the following recomen' datiolls for regulation to the county: .No more than five round trips pel' week (the SI"'le number of trip" Durlington Northern run on thollC tracks fClt tho pMt GO yelll's). . Nn IT\ur,, thut twu ruund tripll per day (one train Oil the trllck at a time). -No train activity on SWl- duys. · Move' all aidinl;R. yards. storuge, repuir yard (rom the townahipll to Stillwater commer' cial zono. -No stopping of traina or I,Jnlonding of pa8scngoll any. where eXC(1)t StillWlIter commer- cial zone. -)-lave two engines on trulns to eliminate switching Ilt Duluth Junction, - Eliminulc unm:ccssary and excessive whistle blowing. .Remove aide flood lights Itom dinner train. . Memberl,l of ,!'ltAIN will prtlSa oounty colnrnlssloners to adopt these replations at their next mll8ting on Muy 28. TRAIN wllnts limit M'1'M ~md Zephyr operations before the summer schudulo bcbtins in earnclitafl;Cr Memorial Day. CON-TEK MRCHINE, INC. TEL No. 612 779 6571 Ma~ 24,91 13:11 P.03 '.. --\. TOURIST RAILWAY AI8OOtAT1O~ e rRA N lNeORPORATeO .~. May 16, 1991 Mt. Jam.. Kinder 11591 North McKu.ic~ Roa4 Stillwater, Minnasota 550B2 .,' As President of the Tourist Railway Association, tncorporated, I strongly objeot to your group using the same anagram. I realize, however, tbat tbis was probably done without your knowledge of another group with a similar name. This situation can only r&sult .in oonfusion between the general publio and our respective organiz.~ions. Our organization does not mean to imply tbat it either supports or condamns your group's activities. We merely want to eliminate the possibility of a misunderstanding that ia oertain to arise if changes are not made. Please feel free to contact me if you have any questions. Si.ncerely, TOURIST RAILWAY ASSOCIATION, INC. \d..:;r~4~ G. Fred Bartels . Presi4ent c/o.StI'l:lsb~r9 Rai.l Road COllpany P.O. Box 99 Strasburg, FA. 17579 e 612 779 6571 May 24,91 l~'~V c:.\<. MRCHINE.. INC. 1 l No. ~. .. .'10 : M {).~:pr VI (); I Y A 1r an (Un 601) ~ 4-3Q.-oLf56 .~: JIYdy s cf.,bC{J ..----- M a::J 2lfJ J qq I 2:J5 f)A. e C3) p~e.G cholLLdin 1hLS pcvje e e 'l'R.\:\'SPOH'I',\'1'I0:\, HE(~l 'L\TION BO:\HIJ S'I~\TE (IF l\IL'\\'ESO'li\ S - d:J1,t- 9; 254 Livestock Exchange Bld< 100 Stockyards Road South St. Paul, MN 55075 Ii I:! :!'\(illIOO NO'l'ICE 01" OPPOH'I'UN ('I'Y FOn HEMUNG !Jotic.: is he!'eby f.:;i\'C'!l by the 'l'l'anSlh'll't.nUon Hel!ulation BO<lr'd that the j'ollU\Jinv petition h:iS Lt't'll r'L'(~e1v('d (I.V tlll~ Hoard: e File No. D-5693, Order No. R-4246. Application of Burlington Northern Railroad, 176 E. 5th St., St. Paul, MN 111 01, for authority to remove a segment of spur trackage at M.P. 12.04 at Stillwater, MN. Burlington Northern has operated certain trackage in Stillwater, MN as a spur track to serve Maple Island Creamery. Maple Island Creamery has not used this trackage for at least the last six years. BN desires to remove this trackage as it is no longer needed for operating, marketing or industrial development purposes. The trackage crosses DOT No. 61-414-T. The crossing is protected by crossbucks and there are no salvageable crossing materials. Any person may file an original and 2 copies of a written objection or comment to the action sought herein by means of a letter addressed to the Transportation Regulation Board, 254 Livestock Exchange Bldg., 100 Stockyards Rd., South St. Paul, MN 55075, not later than June 24, 1991. An objection should state spe~ifically how the objector's interest will be adversely affected by the proposed actlon. A copy of the objection must be served on the applicant's attorney. (Applicant's Atty: James M. Hamilton, Suite 600 Degree of Honor Bldg.. 325 Cedar St., St. Paul, MN 55101) (5-24-91) Pursuant to Minnesota Statutes Sec. 219.741, the Board may provide for expedited procedure in connection with railroad petitions for track removal filed under Minnesota Statutes 219.681. An original and two copies of all protests to the above petition, together with d notice of intent to appear at the hearing, must be filed by mail or in person at the Board office located at 254 Livestock Exchange Bldg., 100 Stockyards Road, South St. Paul, MN 55075. Protestants whou1d state specifically how their interest will be adversely affected by the petition at issue. Protests postmarked on the final protest date are considered timely. The protest must include proof of service thereof on the petitioner or its d t torney. The petition may be reviewed at the offices of the Transport~tion Regulation Board. e "I' 'I \I IJl'I'IJlII1" " ' '.11'111\11\ 'l"~ e # e e AGENDA CITY OF OAK PARK HEIGHTS TUESDAY, MAY 28, 1991 -- 6:15P.M. 6:15 P.M. AGENDA I. Staff Reports 7:00 F.M. AGENDA I. Call to~Order II. Visitors III. Departmental Reports Administration - Carufel Utilities - Doerr Parks - Seggelke Streets - Kern Police - O'Neal Bridge Update Cable Update IV. Old Business Designate Plumbing Inspector LMC - Accident Coverage (4/19/91) Building Official Citation Ordinance Interogator Purchase Request Charges (Variance, PUD's, etc.) V. New Business Hire Tim Witzel - Park Attendant Schedule Workshop - Home Occupation Ordinance Water & Sewer Rate Review Appoint Tom Cole - Cable Citizen Representative Bird House - Sign Request Release Letter of Credit - Valley Point Addition VI. Correspondence Presented Forest Lake Insurance MN Board of Water & Soil Resources Minnesota Teamsters City Engineer North Star Risk School EAW Cathodic Protection Services City Planner ... ** Workshop with City Auditor - Wednesday, June 5, 1991 - 7:00 P.M. to review Financial and Management Reports. "'SeJ e ENCINEERS. ARCHITECTS. PLANNERS 3535 VADNAIS CENTER DRIVE, 5I PAUL, MINNESOTA 55110 612490-2000 May 23, 1991 RE: STILLWATER, MINNESOTA DOWNTOWN IMPROVEMENT CITY PROJECT NO. L.I. 257 S.P. 8214-106 S.P. 8210-88 S.A.P. 169-106-04 S.A.P. 169-104-06 SEH FILE NO. 89255.01 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attn: Mr. Wallace L. Abrahamson, Mayor Dear Mr. Abrahamson: e There will be a Pre-Construction Conference for Downtown Improvement Project on Thursday, May 30, a.m. in the Council Chambers of the Stillwater North 4th Street, Stillwater, Minnesota. construction scheduling and coordination will that time. the Stillwater 1991, at 10:30 Ci ty Hall, 216 The project be discussed at The Contractor for the project is Johnson Brothers, Inc., 15500 Wayzata Boulevard, Suite 1009, Wayzata, Minnesota 55391, 1-612- 473-8467. The contact person will be Mr. Gene Haaland. Please contact the City Plannin~ Office at 439-6121, or the utld€::Lsigr.ed at 490-2101, if you have any quest"ions about this projector the Pre-Construction Conference. Sincerely, Lfvl' I tJ} l-/} \ II LL/[G L" 1l)"llLl~vV-1J @ Mike R. Kraemer, P.E. MRK/wrc e SHORT ELLIOTT HENDRICKSON INC. Sf PAUL, MINNESOTA CHIPPEWA FALlS, WISCONSIN .. "' ."': e 749.03 749.04 749.05 e 749.06 e Solid Waste Management Ordinance and the Washington County Hazardous Waste Management Ordinance. ( 17) Addi tional performance standards may be added to the condi tional use permi t if the Planning Advisory Commission finds that they are necessary to protect the public health, safety or welfare. Conditional use permi t applications for Railroad Operations shall be referred to the Federal Railroad Administration and the Minnesota Department of Transportation for comment prior to the hearing. A conditional use permit may not be issued if any of these referral agencies indicates in writing that the proposed operation is not in compliance with standards which they enforce. Liabili ty insurance, in the minimum amount of $200,000 per occurrence and $600,000 general aggregate shall be maintained as a requirement of the conditional use permit. The Zoning Administrator, or his designee, may perform inspections to determine compliance with the conditional use permit. Any significant deviation or modification in use shall require revision of the conditional use permit. If any court of competent jurisdiction shall judge any provision of Section 749 invalid, that judgment shall not affect any other provisions of this ordinance not specifically included in the judgment. 4 ~k" e (1) Hours of operation shall be restricted to 10:00 AM to 10:00 PM Monday through Saturday, and 10:00 AM to 4: 00 PM on Sunday, except that track maintenance shall be restricted to 10:00 AM to 5:00 PM Monday through Friday. (2) A maximum of sixol1e-way trips (three round- trips) may be conducted per day. For the purpose of Section 749, a trip shall be defined as the movement of roll ing stock over any port ion of track subject to this ordinance. One additional round trip per day may be allowed to move rolling stock between storage and passenger boarding areas so long as the storage and passenger boarding areas are in conformance with Section 749.03, Paragraphs 4 and 5. (3) Noise from railroad operations shall not exceed those standards as provided for in Minnesota Statutes Chapter 116.07, as administered by the Minnesota Pollution Control Agency. The applicant shall provide reasonable noise control measures in order too reduce noise impacts on surrounding properties. Noise control measures shall be specified in the conditional use permit application. e (4) Siding, storage, and scheduled maintenance of rolling stock shall be allowed only in railroad overlay zones on land with underlying zone of commercial or industrial. In cases where existing siding and storage is located outside of commercial or industrial zone districts, a maximum of one year following the issuance of a conditional use permit may be allowed to transfer those uses to a commercial or industrial zone district. (5) Railroad stations or passenger boarding areas may be allowed only in ,railroad overlay zones on land with an underlying commercial zone. (6) Minimum safety and track standards shall be those applicable standards of the Federal Railroad Administration, and Minnesota Statutes Chapter 291 as administered by the Minnesota Department of Transportation. e (7) Direct two-way radio communications, or other non-intrusive signal methods, shall be utilized in lieu of whistling for communicating maneuvering operations to the railroad crew when such 2 '", com unications are not in conflict with the min mum safety and track standards contained in ~ Sec ion 749.03, Paragraph 6. .. (8) Eng' neers shall licensed by the Federal Railroad Adm nistration, and shall be additionall~.. qua ified according~a training program designed for the track and equipment to be utilized. (9) icide spraying to control vegetation along the t-of-way, where performed, shall be in ormance with standards published by the esota Department of Agriculture pursuant to esota Statutes Chapter 18B, and product man facturer's label. (10) Lig ting attached to moving trains, other than that required by the Federal Railroad Adm' nistration or the Minnesota Department of Tra sportation for safety reasons, shall be shi lded to prevent glare, shall be mounted no hiI' er than 4 feet above the track, and shall be dir cted downward at a minimum of 45 degrees from the horizontal. (11) No the discharge of sewage or gray water onto or right-of-way is allowed. e (12) Foo service operations aboard a railroad shall be con ucted in accordance with the Washington County Foo Protection Ordinances. (13 ) or idling of locomotive engines shall be so as to reduce noise and air emissions. (14) All equipment shall be maintained in a state of rep ir which minimizes smoke or exhaust emissions. The conditional use permit application shall spe ify mi tigation measures to be implemented. Exa pIes of mi tigation measures which may be req ired include the use of cleaner burning coal, and boiler firing techniques for steam loc motives. e train tracks cross public recreational uses, as hiking or equestrian trails, the itional use permit application shall specify ures to promote safety and efficiency at the (15) Whe suc con mea cro (16) Sol"d or hazardous waste generated as a part of rai road operations , including but not limited to ~ tra k, property and equipment maintenance shall be .., man ged in accordance wi th the Washington County 3 ...': ., ~ WASHINGTON COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENT AND LAND USE DIVISION Mary luth Public Health Director Doug Ryan Division Manager Serving the community with programs in Building Inspection, Emergency Services, Food Protection, land Use Planning, On-Site Sewage, Public Health Nuisance, Solid and Hazardous Waste, and Water Quality Protection. To: John Diers, Minnesota Transportation Museum David L. Paradeau, The Minnesota Zephyr, Ltd. Jim Kinder, Citizen Representative Pat Bantli, Stillwater Township Shiela Davis, Grant Township Mary Lou Johnson, City of Stillwater Date: May 20, 1991 ~1 ~~t\ From: Doug Ryan, Environment and Land Use Division Subject: Draft Railroad Ordinance e The attached draft railroad ordinance will be presented to the Washington County Planning Advisory Commission on May 28. The Commission plans to review the draft with county staff, make any changes they see as appropriate, and set a time for a public hearing. It is anticipated that the public hearing will be scheduled for June 25. The Commission has indicated that they will be taking all the public testimony at the hearing. A public comment session is not planned for this month's meeting. As can be seen in the introductory paragraph of the draft ordinance, the intent. is to create a railroad overlay zoning district. Standards for operation within that zone district are then listed. The text of the ordinance is intended to become a part of the existing county zoning ordinance. The section numbers in the draft reflect where the new language would be incorporated. Following public testimony at the hearing, the Commission will make a decision about the final form of an ordinance to recommend to the Board of County Commissi-oners. The Board will hold a second public .hearing prior to adopting an ordinance. The Planning Commission meets at 7: 00 PH in the Bc....-trd Room. .i. can be reached at 430-6704 if you have any questions about the proposed ordinance or the process for it's review. cc: Dennis O'Donnell Mary Luth . Washington County Planning Commission tit GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6. STillWATER, MINNESOTA 55082-0006 Facsimile Machine (612) 430-6730 (612) 430-6655 Solid Waste, Hazardous Waste and Emergency Services (612) 430-6656 Community Sanitation, Building Inspection and land Use Planning !I".~~~;'. ~!~~~ ~ <! ~". .....~ . R...... EQUAL EMPLOYMENT OPPORUNITY I AFFIRMATIVE ACTION Printed on Recycled Pace. PRELIMINARY DRAFT RAILROAD ORDINANCE MAY 22, 1990 THIS DRAFT ORDINAN E CREATES A RAILROAD OVERLAY DISTRICT WITHIN SECTION 6 OF THE WASHINGTON COUNTY ZONING ORDINANCE, AND SPECIFIES DESIGN AN PERFORMANCE STANDARDS IN SECTION 7. Create a Railroad Orerlay District 601.03 604 Add "RXtr as a overlay district symbol ~.:ith the foIl wing intent and primary use; Allo s selected aspects of railroad operations and prov'des performance standards to protect adjacent prop rties from potential impacts. Unde Railroad Operations insert "See Section 612" Add a new section " ailroad Overlay District" 612 612.01 Rail oad Overlay District Perm' t ted Uses. in S ction 749. Railroad Operations as detailed Add a new section " ailroad Operations" 749 749.01 749.02 749.03 Rail oad Operations For the purpose Operations shall activities which land use controls law. of this section, Railroad be defined as those railroad are not pre-empted from local by operation of State or Federal oad operations may be allowed only following iss ance of a condi tional use permi t. The application for a conditional use permit shall addr ss the specific ways the applicant intends to insure compliance with the standards in Section 749. Per ormance standards for railroad operations with'n the railroad overlay zone district: 1 -- .. e e e e e e II 10. Contractor shall furnish a performance bond as required by law in the amount of $2,500 which will be delivered to the City to secure the faithful performance of this contract. 11. The contract price as hereinafter stated shall be subject to negotiations upon each one year interval of said contract during the regular term and any extension or renewal thereof, subject to the condition that in the event the Contractor and the City are unable to arrive at a satisfactory agreement relative to an increase or decrease in the amount of the contract, the Contractor may be relieved of his responsibilities under this contract, upon sixty (60) days written notice to the City of his intention to terminate the same, provided that such notice must be given no later than sixty (60) days after the completion of each one year interval of the contract. 12. The City may at any time, terminate the contract for a breach of the terms thereof by the Contractor or for unsatisfactory performance thereof. The City shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for any breach shall not be deemed a waiver of the right to terminate for future violations or for future unsatisfactory performance. 13. In the event that the Contractor shall fail to make a garbage pick-up at any particular residence as required by this contract, it shall do so within forty-eight (48) hours after notification from the City of the address where the pick-up was not made. This provision shall not constitute a waiver of the breach of any conditions of this contract requiring all residential pick-ups to be made at least once in every seven~day period. 14. The City reserves the right to make additional reasonable regulations regarding the performance of the garbage and rubbish collection as it sees fit after consultation with the Contractor. 15. That commencing on November 1, 1979, and thereafter until changed in accordance with the provisions of this agreement, the fees to be paid to the Contractor shall be as stated in Section 8 of Ordinance No. 426, as amended from time to time. 16. The City agrees to enact and to continue in effect reasonable regulations obligating its citizens to make the rubbish reasonably accessible to the Contractor on the day of collection. -3- .' , . ..'"~' .~ . 17. This agreement shall in full force and effect from and after e November 1, 1979, nunc pro tunc and until June 30, 1992. IN WITNESS WHER OF, We have hereunto set our hands the day and year first above written. STATE OF MINNESOTA COUNTY OF WASHINGTON ,.JUNKER SANITATION, INC :,'~) .? . _,.,;;> ~ ~ ---k /"" -....-.~......-.. . '. '. . - -.:_- -- - ----- ..-...... ~ _..~-----..--- --- -~. ,By.--"-'-_P~_- ___ __ . _. _ ___-- __ .' r _Y. .._.. ~ .' '----- .---'_. .-~~~.~ By ., CITY.~.F yr .ATER: I By ( ~~ e Its Mayor By ~j (~y ~. ~~?;~ 15th day of The foregoing i strUIDent was acknowledged before me this April , 19 0, by James L. Junker and , on behalf of Junker Sanitation, Inc. ~;y' . SCHNEll .; ~.!.I,1.~ NOT M1Y c'II(1L1 - MINNESOTA ~ \.:~~;f~~ WA3H:NGT N COUNTY t ~...., My CommlS~lon Ex ires Doc. 14, 1963 ~ STATE OF MINNESOTA ~ ~:zT~ /. W<-/l-~..{~ No ary Pu ic ss. - COUNTY OF WASHINGTON The foregoing nstrUIDent was acknowledged before me this 15 th day of April , 19 0 ,by David C. .Junker, Mayor and Dorothy R. Schn 11, Clerk on behalf of the City of Stillwater. '-nni~J lfA iltv) Sf un Notary Pub ic "~;;"'"'''' MARGARET ANN SEIM .Ik -!.'l~ NOT .~RY PUULlC - MINNESOTA ...l~ h\~ WASHINGTON COUNTY "''S...... flAy Comm.uion Expire. Jun. Ie, 11184 -4- . . 'I. ... e e e AGREE~IENT TtlIS AGREEMENT, made and entered into this 15th day of April 1980, by and between Junker Sanitation, Inc., hereinafter referred to as Contractor, and the City of Stillwater, i municipal corporation, of the County of Washington, State of Minnesota,' hereinafter referred to as City; \\TfNESSETII : 1. Contractor shall provide for the removal of garbage and rubhish from all residential dwellings in the City of Stillwater. Single family residences shall constitute one unit and each unit of multiple dwellings will, for the purposes of this agreement, constitute an individual dwelling unit. 2. The Contractor will receive his compensation monthly directly from the City for single family dwellings, two family dwellings, and the first unit of multiple family dwellings, as determined by the City Clerk based on the City's records relative to occupancy of residential structures. The Contractor shall assume responsibility for bi lling the remaining units of multiple dwellings; the remaining units shall include all but the first unit of multiple dwellings. 3. The Contractor shall have the privilege of making such disposition of the garbage as it deems advisable, but the same shall not be disposed of in the City of Stillwater without the specific auth9rization of the City Council. The Contractor shall advise the City in writing of the place and method of disposal of such garbage and rubbish, what provision has been made for its continued use, and of any changes in the place or method of disposal; provided however, that when the next county dump facility becomes available, the Contractor may make use of such facility and at such time if the expense involved to the Contractor is demonstrably greater or less than that incurred through the use of private facilities, an adjustment of the contract price will be made accordingly. 4. The Contractor shall make a garbage and rubbish pick-up at residences in the City at least once a week during the term of this agreement. The pick-up shall be unlintited in quantity and to include garbage and rubbish accumulated in the ordinary operation of a household and also including grass trimmings, leaves, ashes, tree brunches and bundled brush not to exceed four feet in length, appliances, furni turc, doors, windO\vs, and only construction ma46rial from . handy-work performed by a resident on hi:; 011'11 home. The preceding list of items shall not be considered inclusive, but rather, 35 an indication of the type of '. " rubbish and garbage 0 be picked up by the Contractor. The following items shall not be the obi' gation of the Contractor to haul: rocks, sod, dirt and e construction materia accumulated from substantial work performed on a dwelling by a general contrac or or a substantial remodeling by the homeowner. Further, in all cases where i is determined to be reasonable to do so, garbage and rubbish shall be pia ed in containers no larger than 30 gallon cans. Grass trimmings, leaves, a hes and household garbage shall also be in 30 gallon cans or in suitable bags r containers not larger than 30 gallons. 5. In addition to dwellings, double bungalolols, apartments, or other living quarters, the Contractor shall pick up without additional charge, such trash as is the resp nsibility of the City, or which is accumulated by the City, or for the City. example of this I<lould be street cans and park barrels. 6. The Contr3c shall provide adequate equipment for the collection of garbage and rubbish .nd the equipment shall be of a design and construction specifically manufac ured fOT garbage and rubbish h:ouling. Upon request from the City, Contractor shall provide a written description of the vehicles and equipment to be used within the City, alld the Contractor shall make such vehicles and equipment availa Ie for inspection from time to time as the City may require. e 7. The Contrac or shall comply with all health regulations and ordinance~ of the City and such other villages, cities or town~ as may be involved in the transportation or di posal of refuse resulting from such collection. 8. The Contrac or shall furnish the City a written schedule of the area in, which pick-ups wi 1 be made each day of the I',eek and shall advise the City Council in writing 0 any changes in such schedule at le~st fifteen (15) days prior to making such changes. 9. The Contrac or agrees to pay all necessary federal Social Security taxes and all State nd Federal taxes required by law, and at its own expense __ will cover all of hi employees with Workers' Compensation Insurance as provided by law, and the Cont actor ~hall also carry public liability insurance of 500,000/1,000,000 and property dnmogc of 100,000/300,000 and shall deliver a C:ertificatc of Insurance regarding the required policies to the City. Contrac~or further agrees to comply with all laws of the State of ~Iinnesota and the un~ ted States regaTding the employment of persons. - 2- ...- WASHINGTON COUNTY BOARD OF COMMISSIONERS GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082-0006 Office: 6121779-5401 FAX: 6121779-3900 Dennis C. Hegberg District 1 Russ larl<in District 2 Sally Evert District 3 Phillip R. McMullen, District 4 Donald G. Scheel District 5/Chairman e April 30, 1990 Wally Abrahamson, Mayor City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mayor Abrahamson: The Washington County Board of Commissioners approved an increase in the tipping fee at the Newport Resource Recovery plant effective August 1, 1990. The new fee will be $66.79 per ton and is expected to continue until January 1, 1992. The increased tipping fee should amount to about two dollars per month per household. The long range goal of the Resource Recovery Project Board, as well as the Washington County Board, has been to reduce dependence on landfills and we are slowly achieving that goal albeit at some additional costs. e I have attached some charts showing our progress in landfill reduction, as well as, comparisons with other Resource Recovery facilities and metropolitan landfills. If you desire additional information, you may call the Resource Recovery office, Washington County Public Health, or myself. Respectfully, ~~~~ Donald G. Scheel . County Board Chairman ,r'_ , /'1 ';:: . Ll i' I /) c, ? L-{1 lIe 1'.'-' V f:, II) v 0- J f\ \\) (\ \J - Attachments cc: Dennis Hegberg Sally Evert Phill McMullen Russ Larkin Pat Story Mary Luth Charles Swanson \ -' \ / -- Washin~o.n County dO~s n?t discriminate on the basis of race, color, national origin, ..."".-.'ao~ .,,' [J):::!. .... \~&J ORDINANCE NO. 727 ORDI CE AMENDING STILLWATER CITY CODE GARBAGE AND RUBBISH CHAPTER 30, SUBDIVISION 8 e THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 1. Amending. Secti n 30.01, Subd. 8 of the Stillwater City Code is amended to hereafter read as follows: Subd. 8 FEES. Effective July 1, 1990 (1) Per dwelling unit $ 17/month (2) In dwelling units ere not more than two (2) people reside and in which the male head of house old is over 65, the female head of household is over 62 or either is retir d by virtue of permanent disability, regardless of age, the head ofhouseh ld may so certify to the City Clerk and the fees shall thereafter be as f llows: Effective July 1, 1990 $13.60/month (3) Waiver of Fees. -- (a) RELIEF FOR SENIOR CITIZENS. After the adoption of this ordinance, the City Council ma waive the payment of any charges for garbage collection when it determi es by a three-fifths vote of the Council that a person qualifies under Chapter 30.01, Subd. 8, Subsection 2 and that payment of the charge waul be a hardship. (c) TERMINATION OF of the followin that the spous (b) if for any be no hardship LIEF. Relief shall terminate upon the occurrence of any events: (a) the death of the senior citizen provided is otherwise not eligible for the relief hereunder; or reason the City Council shall determine that there would o require payment.. (b) APPLICATION FOR RELIEF. Senior citizens seeking such relief shall make application on form prescribed by the City Clerk. Section 2. Effective Date. This ordinance shall be in full force and effect from and after passage and publicati n according to law. Adopted this 17th day of Ju /14 tZk4~ Mayor e Attest: Publish: July 26, 1990 -- / e Estimate of Costs Tipping Fees - 9/12 x 9000 x 36.48 3/12 x 9000 x 47.89 Other Expenses - 9/12 x 366,827 3/12 x 366,827 TOTAL Proposed Financing 7/1/88-3/31/89 - ., .- 12/65 x 3900 x 9 = 10.40 x 775 x'9 = 10.40 x 51 x 9 = e Subtota 1 4/1/89-6/30/89 - 14.65 x 3900 x 3 = " :.. ~j 11. 25 x 775 x 3 = 11. 25 x 51 x 3 = Subtota 1 TOTAL 'lll/?; PROPOSED RATE INCREASE BASED ON TIPPING FEE INCREASE ON APRIL 1, 1989 7/1/88-3/31/89 4/1/89-6/30/89 Total 256,240 246,240 107,753 107,753 275,120 275,120 91,707 720,820 91,707 199,460 521,360 444,015 72 , 540 4,774 521,329 171 ,405 26,156 1,721 199,282 720,611 NOTES: (1) The proposed rate increase would be good through at least 12/31/89. (2) For every 5t decrease/increase tp'Senior Citizens or Waiver rate, a corresponding It decrease/increase is necessary for the Regular Rate. ~/TO ~: ~ -A.-v .~ vJ~:;CJ.~ WJL ~~ ~ (,~ ~ ~ ~0 ~ (A;v..J J-J.,v( ~ ~ (;~ ~ -:h ~ ~ €-~ ( ~ ~tet~ ~ XJv~ ~ ~ Cl \ d c{ l - ea\?:'o\qt..- ~.S~~~~~ 04- ~ f^~V\ ~ { .~~ e e e e .. ,...,. """'..-' ~ .""'-. -.-- SAMPLE OF VOLUME-BASED FEE PROGRAMS Circle Pines Hauler: Waste Management~ Inc. (Peggy Link 784-5898) Households Served: *Low Volume: One Can: Two Can: Three Can: Extra Containers: 1442 20 225 1181 16 $1. 06/bag *Low Volume=Base Rate + $1.06/bag '100.0% 1. 4% 15.6% 81.9% 1. 1% City reports to hauler (quarterly) the level of servioe chosen by the household. If a container has no sticker and is beyond the chosen ,servioe level~ it is left behind. Oversized items require wlltip1e stickers.' # of stickers distributed varies; around 3000 were sold last month. Forest Lake/Forest Lake Township Hauler: Forest Lake Sanitation (Betty Bergerson 433-2441) Households Served: MonthlY 60 Gal: Twice Monthly 60 Gal: Weekly 60 Gal: Weekly 90 Gal: 3600 108 288 900 2304 100.0% 3.0% 8.0% 25.0% 64.0% Several service levels are offered. Reoyclers receive a credit on their trash bill of $1 per set out or a maximum of $2 per month. The City and Township do no service billing; both regular refuse costs and oversized items are billed'by the hauler. Robbinsdale Hauler: Waste Management, Inc. (Kristen Richert 537-4534) Households Served: 4815 One Can: 1000(AVG} Two Can: 3815 Excess: $l/bag* 100.0% 20.8% 79.2% All residents receive permits for two 30 gallon trash containers. The two oan rate is two-tiered: one rate for recyclers~ one for non-reoyolers. After the program was established, low volume households (i.e. empty-nesters) demanded the one can service level. They retain a permit for one trash can and send the other back and receive a yearly refund of $24. * Stickers required on yard waste bags; oversized items require several stickers. ** The City distributed over 12000 stickers this past month (a record; possibly due to yard waste season?) 1 Wavzata (Sonny Clark 473-8113) Hauler: Knutson Services Households Served: Zero Can: One Can: Two Can: Three Can: 1090 25 200 815 50 100.0% 2.3% 18.4% 74.7% 4.6% City.sends (quarter y) computer print-out to hauler with address and level of servi e chosen by residence. Hauler is instructed not to collect any ateria1 exceeding the service level unless it has a sticker. Sti kers are $2.00 each and are available at City Hall. All "zero ca J" subscribers must purchase stickers to place on trash containers White Bear- Lake (Diana 429-8526) Hauler: Knutson Services Households Served: 30 Gal: 60 Gal: 90 Gal: Senior (60 Gal): Extra Containers: 6760 723 2406 2818 1013 $2.00 each 100.0% 10.7% 35.6% 38.7% 15.0% Residents supply or rent covered containers (no ~ of trash are to be placed at our side). Knutson determines if container is excessive. Resid nts sign up for rate levels - drivers keep route.sheets on vol me for each residence. If more waste is out, Knutson bills; City bills for only the level of service for which the resident is enr lIed. No stickers are used. Service level chang s are sent to Knutson at the beginning of each quarter. 2 II e e tit e e e . M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL NILE L. KRIESEL, CITY COORDINATOR MAY 17, 1991 VOLUME BASED FEE SYSTEM FOR SOLID WASTE REMOVAL At their last meeting, the solid Waste Advisory Committee decided to recommend their original proposal to the City Council for your review and consideration. The Committee's original proposal was to: Establish a base fee which would include 30 gallons of household waste (i.e. garbage) and an extra charge would be paid for each additional 30 gallons of household waste. All other waste, such as white goods, furniture, leaves, grass, brush, etc. would be included in the base fee. The Committee further recommends that the base fee be set at about $13.00 per month for regular households and $10.40 per month for Senior Citizens, and that a charge of $2.00 per 30 gallon bag be established. (Note: I used $13.50 and $10.90 in order to eliminate any deficit.) The following is a comparison of revenues generated by the present fee system and by the proposed system: Present System: Regular Households - 4040 x 17.00 x 12 = Senior Citizens - 798 x 13.60 x 12 = Waivers 52 x 13.60 x 12 = $ 824,160 l30,234 8,486 $ ~,9_2.,~~Q Total Present Proposed System: Regular Households Senior Citizens Waivers Extra Charge - 4040 x 13.50 x 12 = - 798 x 10.90 x 12 = 52 x 10.90 x 12 = - 112,400 bags x 2.00 = Total Proposed $ 659,328 104,378 6,802 224,800 $ 995,308 $ .3_2., ~2~, Di fference The proposed system would generate additional revenues of $32,428. It was intended that the proposed system cover recycling costs tnat were in excess of the County grant funds for 1991. The excess costs are estimated to be about $29,500. Therefore, the net difference, if recyclinbg costs are to be fully 1 ~. covered by fees and/or g ant funds, would be about $2,928 (32,428 - 29,500 = 2,928). In regards to the charge for extra waste, the Commimttee recommends that tne Ai City provide stickers that would be sold to the residents. The sticker would .., then have to be attached to each garbage container in excess of 30 gallons. A sticker would only cover 30 gallons of garbage. For example, if a resident placed 3 - 30 gallon con ainers at the curb, the resident would have to place a sticker on two of the containers. Although the system bein proposed by the Committee will have some problems associated with it, it s ill appears to be the most simplified and practical system we have reviewed. If the system is adopted, it will require some patience on the part of he residents and the Solid Waste Contractor (Junker Sanitation), but I believe we can make it work. I \'lOuld recommend that the Council set a Workshop on this matter as soon as possible, say, on May 28, especially if the City wants to implement the system by the next billing date -- July 1, 1991. If a decision was made by the first meeting in June (June 4th), I believe we could take care of all of the particulars by July 1 an have the new system in working order. I can discuss this with ou more fully at the meeting Tuesday night. e tit 2 " I e ~EMO TO: MAYOR AND CITY COUNCIL FROM: CITY COORDINATOR RE: ISSUES RELATED TO SOLID WASTE COLLECTION DA: lIiAY 24~ 1991 ACCOMPANYING THIS MEMO IS THE MEMO ON VOLUME BASE FEES THAT I PRESENTED TO YOU AT THE LAST MEETING. SINCE THE !?1EETING ON TUEtmAY I H~WE HAD THE OPPDRTUNITY TO 1I1EET WITi-! ,JI!'r1 JUNr<ER TO DISCUSS HOiroJ WE cm\! H1PLEf'iENT THE VOLUME BASE FEE SYSTEM. WE BOTH AGREE THAT THERE WILL BE SOME PROBLEMS THAT !.olE WILL HAVE TO OVERC0II1E SUCH AS EDUCATING THE RESIDENTS ABOUT THE PROGRAl'rl. ESPECIALLY DURING THE FIRST THREE OR FOUR LoiEEI-:S THE PROGRArr1 1':3 IN EFFECT. HOWEVER~ I THINK WE BOTH AGREE THAT WE CAN MAKE IT WORK IF WE RErilAH.t PATIENT AND UNDERSTANDING AND ACCEPT THE FACT THAT SOliE PROBLE,,1'3 ~ WILL ARISE. ON THE OTHER HAND JIM AND I DISAGREE ABOUT THE MANNER IN WHICH THE FEES ARE COLLECTED. FOR MANY YEARS NOW THE CITY HAS BILLED ALL HOUSEHOLDS EX- CEPT THREE PLEXES AND ABOVE. I AM NOT SURE WHY THE CITY AND JIM STRUCT- URED THE BILLING SYSTEM LIKE THIS. HOWEVER, I BELIEVE IT IS UNNECESSARY AND IN FACT A VERY DIFFICULT AND CONFUSING SYSTEM. WE HAVE HAD QUITE A FEW BILLING ERRORS AND/OR PROBLEMS 8ECAUS~ OF IT. I THINK THE PRH1ARY REASON THAT JlJ'li DOES NOT WANT TO CHANGE THE PRESENT BILLING SYSTEM IS BECAUSE HE FEELS THAT HE HAS A BETTER HANDLE ON DETER- MINING THE RIGHT NUMBER OF MULTIPLE UNITS !.olITHIN THE CITY OF STILLWATER AND THAT HE WILL LOSE REVENUES IF THE CITY DOES NOT BILL THE APPROPRIATE NUMBER OF UNITS. FOR EXAMPLE, IF A BUILDING IS CONVERTED FROM A DUPLEX TO A TRIPLEX WITH- e OUT THE OWNER INFORMING THE CITY IT IS UNLIKELY THAT THE ADDITIONRL UNIT WILL BE ADDED TO THE BILLING BECAUSE THE CITY DOES NOT HAVE A ~'RACTICAL WAY OF MONITORING THIS iYPE OF ACTIVITY. WE MUST RELY ON ThE HONESTY OF THE PUBLIC AND ON THE W TCHFUL EYE OF THE SOLID WASTE REMOVAL CONTRACTOR TO KNOW WHEN THESE CON V TAKE PLACE. IN FACT MOST OF ThE MULTIPLE UNIT CONVERSIONS ARE BR UGHT TO OUR ATTENTION BY JUNKER SANITATION. HOW- EVER~ THIS CIRCUMSTANCE SHOULD NOT HAVE ANY BEARING ON WHO BILLS FOI~ THE WASTE COLLECTION SYSTEM. ALL IT WOULD TAKE IS FOR JUNKER SANITATION TO INFORM THE CITY OF ANY HANGES OR CORRECTIONS THEY MIGHT DISCOVER AND THE CITY WOULD ADD THE NITS TO THE BILLING. ANOTHER REASON I DISAGR \.-iITH JIM'S CONCERN ABOUT LOSING REVENUES BY MISSING UNITS IS THAT T PAYMENTS THAT THE CITY MAKES TO JIM IS BASED PRIMARILY ON THE AMOUNT OF WASTE THAT JIM COLLECTS. FOR EXAMPLE, EACH TIME THAT JIM ASKS FOR r RATE INCREASE HE PROVIDES THE CITY WITH AN EST- IMATE OF THE AMOUNT OF THAT HE \.-lILL BE COLLECTING FOR THE Cr-(Y AND HmJ MUCH HE WILL HAl'iE T PAY PER TON FOR THE DISPOSAL OF THE WASTE. JIt'l ALSO PROVIDES THE CITY ITH AN ESTIMATE OF HIS OPERATING (OR COLLECTION) COSTS. THE CITY THEN DI THE COMBINED COSTS BY THE NUMBER OF UNITS WE HAVE ON THE BOOKS TIME TO DETERf>1INE \.-iHAT THE COST PER UNIT SHOULD BE IN ORDER TO C VER THE COSTS JIM HAS GIVEN US. IF WE UNDEREST- IMATE THE NUMBER OF UNI S THEN THE COST PER UNIT WOULD BE HIGHER THAN IT SHOULD BE. IF WE OVERES IMATE THE NUMBER OF UNITS THEN THE COST PER UNIT WOULD BE LmiER THA' IT SHOULD BE. IN THE FORrr1ER CASE THE Uj\HTS THAT ARE BILLED WOULD BE PAY'NG A SLIGHTLY HIGHER CHARGE THAN THEY ~JOULD BE IF ALL OF THE UNITS WER BEING BILLED. HOWEVER, THE AMOUNT WE PAY TO JIM WOULD NOT CHANGE. NOR W ULD THE AMOUNT CHANGE IN THE LATTER CASE (WHICH IS AN IMPROBABLE CASE OBVIOUSLY, ANY NEW UNIT., WHETHER THE RESULT OF A CONVERSION OR NEW CON- STRUCTION, WOULD LEAD T AN INCREASE IN THE COST OF COLLECTING AND DISP- OSAL OF WASTE. HOWEVER, I DO NOT BELIEVE THAT WE HAVE A SIGNIFICANT NUM- \ ~ .:..0 e e e ..' e e e . BER OF UNITS THAT ARE ADDED TO THE COLLECTION ROUTE THAT ARE NOT ADDED TO THE BILLINGS EACH YEAR. AND IF THERE IS IT TAKEN CARE OF EACH TIME THE CITY NEGOTIATES A RATE INCREASE FOR JIM, WHICH AS I STATED ABOVE IS BASED ON WASTE TONNAGE AND COLLECTION COSTS AND NOT NECESSARILY ON THE NUMBER OF HOUSING UNITS \.oIITHIN THE CITY. IN ANY EVENT I WOULD RECOMMEND THAT THE CITY COUNCIL CHANGE THE BILl.ING SYSTElil AND HAVE THE CITY BILL ALL OF THE UNITS. THIS WOULD NOT LEAD TO ANY SIGNIFICANT COSTS TO THE CITY (BECAUSE WE ALREADY BILL FOR THE FIRST UNIT OF EACH BUILDING WHETHER OR NOT IT IS A MULTIPLE UNIT BUILDING OR A SINGLE FAMILY BUILDING) AND WOULD ELIMINATE A VERY CONFUSING BILLING SYSTEri! . 05/01/91 [REVISOR HMW/LS HA91-668 1 mortgages on the property with respect to which the reassessment 2 or assessment 'is to be made, as determined by county records. 3 The agreement shall: 4 (a) authorize the reassessment and assessment by the city 5 and the terms of it; 6 lEY provide that the amount reassessed or assessed shall 7 constitute a first and prior lien on the property in question to 8 the extent and with the same effect as other assessments levied 9 pursuant to Minnesota Statutes, chapter 429; 10 (c) waive all rights of the property owner and mortgagees 11 to published or mailed notice of the proposed reassessment or 12 assessment and any hearing on it; 13 (d) waive all rights of the property owner and mortgagees 14 to contest or appeal ,from the reassessment or assessment on 15 procedural grounds or lack of or inadequate special benefit; and 16 (e) cover other matters as the 'city deems appropriate. 17 Subd. 4. [APPLICATION; EFFECTIVE DATE.) This section 18 applies to the city of Stillwater and is effective the day 19 following fin<al enactment." 20 Renumber the sections in sequence 21 Correct internal references 22 23 Delete the title and insert: 24 itA bill for an act 25 relating to Washington county; permitting the city of 26 Stillwater to reassess certain property and incur 27 debt; providing for the private sale of certain tax 28 forfeited land." 3 2 ROUTSON MOTORS 14702 N. 60th Street (Hwy. 36) P.O. Box 19 Stillwater, Minnesota 56082 Phone (612) 430-2900 STREET CITY INSURED BY ~.:::=W ~ 1<0 rtT OG~ ,.. ."",",J;;XPEBT BODY_,AND..PAlNIWQBK WITH PPG EINJSt:les.;..~,._><..,.. DATE 5-/3-9 J PHONE 430"c639 n//I/ J@.. NAMF STATE ADJUSTER PHONE MAKE-MOOEL- YEAR 19 (J /d).5 ~r~ LICENSE NO. COLOR SERIAL NO. MILEAGE REPAIR REPLACE PARTS NECESSARY AND ESTIMATE OF lABOR REQUIRED PARTS and MATERIAL LABOR REFINISH >( :;J. 'd..':; () J4 J D IJJ If~ I V k, e.l l'ov.e v" /9A C6 y qf)~D~~? LUt..Lef 16'1 '0 e e " j (Ie t);/~ SUBLET / SIGNED DATE SUBTOTAL 3D ~ {YO 11"; TOTAL SALES TAX 1f6 r:. ~ '3 ';20 1:- FINISHES GRAHD TOTAL The above repon is based on our inspection and does not COVitt additional pans or labo. which may be required aftel the work has been opened up. Occasionally after the work has been started. damaoed 01 broken parts are discovered which afe not evident on the 'irst inspection. Because 01 this.. above prices cannot be guarant..d. This estimate is tor immediate acceptance only. AUTHORIZATION FOR REPAIRS YOU ARE HEREBY AUTHORIZED TO MAKE THE AIOVE SPECIFIED RfPAlRS. THIS WORK ORDER IS PROOF OF PURCHASE AND MUST BE PRESENTED FOR ANY TIRE WARRANTY OR REPAIR PERFORMANCE CLAIM. CUSTOMER ACCT. NO.' PHONE NO. <t"3DDS ~ " 2. . "? . -'2:' LABOR Quto ICIVlce centflJl IT'S A GREAT DAY AT TIRES PLUS! REMIT TO P.O. BOX 1012. BURNSVILLE, MN 55337 I,;A::)H Vti AU I HVtiILl:J..IJ,..nJ;;LlII "I\nLl r\JM'" "'~.. "'..... CUSTOMER COPY ~ .p. CUStOMER NAME AND ADDRESS. i,~ D O""L) ~ " DAT~ &,IIME IN.";'; l i ,...PBQMISEDITJME.,,& .oAT~r S~Y'(l:;;b.b , ;:.. N}8 P.O. I CLAIM NO. SHIP. VIA DATE INVOICE MILEAGE S -(?- I CAR YEAR MAKE AND MODEL 7CJ Tot/'C9h~~ NEXT SERVICE NEXT Of "..K--,~.'.....Y s ...; ,.:~*4:J ~.~-~ j"l'-'~ ("j '~<.;..O vtr FVb'(lT PARTS DISCOUNTS WARRANTY '.' . TIRES PLUS PAYMENT SUMMARY C 41/ k TIRES, ,.,' SUB TOTAL SALES TAX / C; ~T~ AUTHORIZE INCREASE APPROVED BY.PHONE WORK COMPLETED BY" $ IN ESTIMATE BY FINISHED WARRANTY YES NO COST TIRE MANUFACTURER MATERIALS & WORKMANSHIP TIRE LIMITED MILEAGE WARRANTY FOR MILES USED TIRE WARRANTY 30 DAYS BATTERY WARRRANTY FOR MONTHS IEXCUIIllOO~V!MmS1 CAR REPAIR LIMITED SERVICE WARRANTY TPP (TIRE PROTECTION PLAN) I THE CUSTOMER FULLY UNDER- I WARRANTY FEE ~ STAND AND AGREE TO THE DETAILS OF THE WARRANTY I HAVE PURCHASED. DATE OK'd BY, INITIAL SEE REVERSE SIDE FOR WARRANlY DETAILS CHECK LIST FL MAT WHITE WALLS_ SEAT COVER_ OSHIELD _ HANO;rORQUE-- LUG NUTS _ REPORT CARO_ OOTCARO _ .' MECHANICIS NAME LICENSE NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS 1 0 3 4 7 7 8 ARTICLES LEFT IN CARS IN CASE OF FIRE. THEFT. OR OTHER CAUSE BEYOND OUR CONTROL, '. TIRES PLUS CERTIFICATIC CHARGING SYSTEM BATTERY ALTERNATOR HOLD DOWN REGULATOR CABLE STARTER BELTS OTHER MASTER FRONT CYLO, ln REAR CALP, lo:: ~ HOSE~ AXLE SEALS a:l LINES W, CYLO. OTHER I hereby authorize the above repair work to be done along with the ne materials. You and your employees may operate above unit for purpo testing, Inspection or delivery at my risk, An express mechanics I acknowledged on above unitt'? secure the amount of repairs thereto, ,. , It is unaerstood that thiS company assumes no responsibility for It damage by thell or fire to unit or contents placed with them for storag, repair or wIlile testing, I WORK AUTHORIZED BY REPAIR I MOUNT BALANCE I ROTATION fLr'I~ ~~ ~[RRI ~~ I SPARE I /32 x AIR PRES PSI [l]GOOD CONDITION [RlNEEDS ATTENTION ALIGNMENT IDLER F. SHOCKS _ F. STRUTS _ PITMAN ARM R. SHOCKS_ R. STRUTS_ TIE ROD-INNER WHEEL BEARINGS BALL J. UPPER CV BOOTS CV JOINT/AXLE RACK & PINION STRUT BEARINGS OUTE. LOWE VEHICLE SAFETY CHECK e St. Croi x Vall ey Branch Ameri con Associ at i on of Uni versi ty Women 9991 Arcola Court Stillwater, MN 55082 St ill water City Council 216 North Fourth Street Stillwater, MN 55082 RE: Bonner for Volley Antique Show ... Dear Counci 1 Members: As you may recall, each September for around 30 years, our organization has sponsored the Volley Antique Show. This year it will be held at the Armory the weekend of September 14th and 15th. We are 0 completely volunteer, non-profit group and proceeds from the show ore used for 0 variety of educaUona1 purposes including 0 wide assortment of local projects os well os some college fellowships. We hove hung 0 bonner each year for the post 15 or so to advertise the event and recall with e appreciation the specio1 assistonce you showed us last year in freeing up a spot for us to use. Your post support - os well os that of the Fire Department - has been outstanding and we hope to be able to hang the bonner again this year. Following is specific information regarding our request: 1. The bonner is 3' x 27' wi th 0 whi te background wi th 1 et teri ng reading "Antique Show" and the days of the show. 2. The bonner should be hung on Main St. between Chestnut and Olive Sts. (preferred) or Moin between Chestnut and Myrtle Sts. 3. The bonner should be hung approximately two weeks prior to the show whi ch wi 11 be September 14 and 15 and removed as soon os possi b 1 e after the show. e I f you authori ze our use of the bonner, we wi 11 contact the Fi re Department to work out the specifics. They have been extremely accommodating to us in the past and we really appreciate the extra effort on their part. I am sending a similar request to MNDOT and understand that they must also receive a request from you. Thanks agai n for your consi derat ion. ~lY'A1l ." I ~~~(W) e e e ~.. ~il~'!te~ THE BIRTHPLACE OF MINNESOTA ~ ) ........- MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 2, 1991 SUBJECT: BUDGET FOR DOWNTOWN SHUTTLE AND PUBLIC INFORMATION PROGRAM The following budget is requested for the Downtown Shuttle and Public Information Program. The money would be sued for bus schedules, signage, hotline telephone. The total budget is $3,650 and can come out of the Community Development Professional Services Budget. $7,500 was budgeted for that purpose. \ CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e e e '" ITEMS: .. DOWNTOWN SHUTTLE AND PUBLIC INFORMATION PROGRAM BUDGET Hotline Connection Shuttle Bus INformation and Construction Brochure Signs (for bus stop, shuttle parking lots, highway "Thank $650.00 $1,500.00 CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 e e e r illwater ~ ---~ --- -~ THE BIRTHPLACE OF MINNESOTA J MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 21, 1991 SUBJECT: DESIGNATION OF BUS STOP FOR SUMMER DOWNTOWN BUS SHUTTLE The Ci ty Council approved funds for a summer shuttle bus at their meeting of May 7, 1991. Since that meeting, the route and hours of application have been developed by the bus company and staff. Bus service will begin Monday, June 10 and run through Sunday, September 8. Service will be provided seven days a week. On Monday through Friday from 7:30 A.M. - 10:30 A.M. and run in the afternoon from 2:00 P.M. to 6:30 P.M. The weekday service is designed for Downtown employees. The Downtown Parking Task Force and Chamber of Commerce will get the shuttle information out to the employees. Weekend service will be provided from 9:00 A.M. to 7:00 P.M. on Saturday and holidays and11:00 A.M. to 7:00 P.M. on Sunday. This service would be oriented to Downtown visitors. Residents along the bus route would be able to use the service to get downtown to shop or to work. Because of the convenience of the service and ease of access, the residences can be expected to use the service. (See map.) A bus stop will be located on the east side of Second Street, just south of Myrtle. Two to three parking spaces and signage will have to be installed to reserve the location for bus pick-up and drop-off. RECOMMENDATION: Approval of Downtown Shuttle Bus Stop location and authorization of appropriate signage and curb marking. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 e /.. '.- . ". i e ,~.. e MEMORANDUM DATE: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR MAY 21, 1991 TO: FROM: SUBJECT: STILLWATER/HOULTON BRIDGE TYPE STUDY, PUBLIC MEETING MAY 15, 1991 e On May 15, 1991, the Minnesota Department of Transportation held a public meeting to present and receive comments on various bridge type alternatives being considered for the Stillwater/Houlton Bridge. Slides were presented showing six bridge types along with charts describing key bridge characteristics and indicating cost and environmental impacts. (The drawings and descriptive material distributed at the meeting are attached.) The impact criteria include construction and maintenance cost, land impact and river pier impact. All of the descriptive information is quantitative; dollars, size of piers, cuts into slope but do not address the appropriateness of the various designs on the St. Croix River/Stillwater environment. It became clear from the MnDOT presentation that, because of the curved alignment of the bridge corridor selected, (tne South Corridor, north alignment) a girder or box type bridge structure is the only bridge type that can practically work for the entire bridge. When considering the various South Corridor alignments, it was not clear that this option would eliminate the more interesting bridge designs. The girder type bridge is similar to the newer Hudson Interstate 'Hi ghway 94 Bri dge. The Draft Environmental Impact Statement stresses the importance of the new bridge design being compatible with the unique St. Croix River setting. At the public meeting there was no information on how the various bridge types fit into this unique St. Croix River/Historic Stillwater environment. There are several landmark bridges in the Twin Cities Metropolitan Area that contribute to their setting. Slides were shown of the Robert Street, Mendota, Third Avenue, Smith and Hennepin Avenue bridges. These bridges are unique, attractive structures and respond to their natural environs. e I feel, based on the MnDOT presentation, there has been little emphasis on the visual importance of a new bridge and fitting the bridge into the natural and developed environment. I see this as a flaw to the design development process that could result in a standard interstate bridge spanning the St. Croix River. This would result in a significant negative impact on the Stillwater and St. Croix environment. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 ." ~ e Sti 11 water/Houl ton Bridge Type Study Page Two To address this problem of lack of design input, it is suggested that the bridge design development process include specific input from design professionals in addition to engineers. Preferably a strong design professional should be added to the bridge development team. At a minimum, the State Historic Preservation Staff, University of Minnesota School of Archi tecture Profess i ona 1 s, Department of Natural Resources, envi ronmenta 1 design personnel, and other urban and environmental design professions should be included on a design committee to help ensure bridge design is a priority to the project and not relegated to the easiest, least costly, way to get from Point A to Point B. RECOMMENDATION: Direct Staff to write a letter to MnDOT regarding the apparent lack of concern for bridge design fitting into the unique natural St. Croix River and historic Stillwater environment. ATTACHMENT: - Bridge type drawing and descriptive information. e e e STILLWATER-HOULTON RIVER CROSSING Bridge Type and Design Selection Process May, 1991 Dear St. Croix Valley Resident: The goal of the Stillwater-Houlton bridge type and design selection process is to identify and design a bridge which is appropriate for area transportation needs and compatible with the St. Croix River Valley. Important concerns identified through Public Hearing comments provided last May include: what a bridge would look like; bluff, shoreland, and recreational river impacts; and cost. There are literally hundreds of different bridge types, design variations, and combinations possible. We would like to collect as much information as we can from Valley residents to help us through this important decision making process. We need your ideas and comments. e The bridge selection process will consist of three overall phases: 1. General Type Selection; 2. Design Development; and 3. Design Detail Development: 1. Phase I: General Type Selection This step will enable us to identify the best general bridge type or types to concentrate our design study efforts on. The bridge types presented are intended to illustrate the three basic visual categories: Low visibility structure types (Plate Girder and Box Girder bridges), medium visibility structure types (Arch and Truss bridges), and high visibility structure types (Cable Stayed and Suspension bridges). We hope to make the selections for the Design DevelOPment phase this Spring, after collecting public and agency comments and recommendations. The Phase I questionnaire is designed to solicit your opinions and ideas. 2. Phase II: Design Development e After the bridge type or types that show the most potential for further consideration have been identified, bridge design development studies will begin. We can now take a closer look at design options, variations, and combinations that incorporate what we learned during Phase I. After the c will be su setting usi again reque public disc oices are converted into pictures, they rimposed onto photographs of the river g computer simulation technology. We will t your opinions and ideas at a second ssion meeting. e We hope to selections this Summer. 3 _ Phase After the b idge design or designs have been identified and refined, bridge design details will be developed_ We can now ake a closer look at items such as pier design opti ns, bridge surface treatments, color options, ra"ling design, etc_ Computer simulation technology ill again be used to help clarify what the options wou d look like, and once again we will ask for your help. We hope to ake these Phase III selections by November in order to be ready for the Design Public Hearing to be held in ecember. The final product resulting from the bridge ype and design selection process will be presented t the public for final comments and recommendat'ons at that time. e Following the Design Impact Statement (FEI spring, 1992. The FE environmental documen study process. A fin in the FEIS. That de blic Hearing, the final Environmental ) will be completed and published in early S is the last in a long series of that have been prepared as a part of this 1 decision will be based on the information ision will occur in late spring, 1992. e e STILLWATER-HOULTON RIVER CROSSING STUDY Bridge Type and Design Selection Process PHASE I BRIDGE TYPE OPINION SURVEY May, 1991 The construction of a new river crossing near Stillwater and Houlton will result in major transportation and visual changes to the St. Croix River Valley. Our overall design objectives are to develop a bridge that meets the transportation needs of the area; is visually compatible within the River Valley setting; minimizes bluff, shoreland, and recreational river use impacts; and can be constructed at reasonable public cost. Phase I of the Bridge Type and Design Selection process will concentrate on the visual aspects of the bridge and the Valley setting. We need your ideas and comments to help us through this important first decision making step. e Please complete the following questionnaire, drop it off as you leave the meeting, or mail to Mn/DOT before June 1st. If you would like to receive a summary of the results, be sure to include your name and address. Thank you for participating. 1. Please give us your op1n1ons regarding how important each of the following concerns are in relation to each other. If you feel that two or more concerns are equally important, circle the same number for each: A_ What the bridge looks like.. . 5 4 3 2 1 B. Wisconsin bluff impacts_ _ . 5 4 3 2 1 C. Minnesota shore land impacts _ . . 5 4 3 2 1 D. Wisconsin shore land impacts. . _ 5 4 3 2 1 E_ Recreational River impacts_.. 5 4" 3 2 1 F. Bridge construction costs... 5 4 3 2 1 e G. An additional concern? . Please identify 5 4 3 2 1 (over) 2. Considering the nformation presented, what are the most appropriate gene~al bridge types, in your opinion? that best provide a balanc~ of appearance, impacts, and COSl:.S, and should be consid red for further study? Name: Address: COMMENTS Mail to: Briige Type Opinion Survey Mirulesota Department of Transportation Met..o District, Oakdale 348:> Hadley Avenue North Oakiale, Minnesota 55128 e e e . . e - pUSUC \NFORMA 110M PAcKET TYPE STUDY s11\.l. VI A 1'ER-KOUl. 1'oN sR\OGE OVER S1'. CR()\X RlVER <(... o'r Wlseo tf IV-S/.-v ~ t. ~ I<( ~ t: ~(:: <f lit/' ~Gj OF \~~ * * ~ 6 -0 i:::: ~ ~ 7l ~ 4,-(; 9,0 lv, OF \~t>-~'? -5;,~ ~ l ~ ~ - ;;J-- ----: ~ ~ ~ ~ ~ ~ ~ , ---.\ A I 10' \ ~. I <i t +- \ -,I-~ '.)' I 03\ =-1- - 1 ~ " /// \'a" C-)'~ O~"'\, : ~~~- ',~, " ""!' .:-/ "i. . J ..~#"" ~ ~~ J ~ ~ 'f CJ o 0 ~~ -"' "'=-= e ~ " , .. 1 r ) ~, ...,....... -- -...,.... .~... ,- } i , e ;nDJ e - ~ <:::::::> ~ ~ ~ "'~~ '\ \ ~~ ~ " I i i 1 o i I i I l \ \ ; ~ t'..j ~ ~ \' '\' ~ ~i\' J1. , .....:;;:, ~ - . ,r-::- ~ \'^" ~ ~~ ~ " ~\C ~ ~ 1 co:~ ,~:I_:.: ~~~~ ,> ...:r,~~"t:. ~ \.I} r-- i~ i J ~ 0-1 t.o l I 1 i --... \ - .fa \JC) ,C -' '" I i ! i 1 ! i ~ -~ ~, ~ r '~!;OI~~"'~-~, '......... \ ~\. - . $ \\\JJ' ~ I I . I ~K-c. $J , I "-J ~ '!~ l J 1:' I -:I ~,\ -.,( - ~ (5'-. ~ '4 -C. ..J \ ~ ~5' ) ~ ,,' d.E / ~ /-1 l) (11 ~f I y-, 01 ~ J~ ~ ,~ f 6JU()..) - 1C; )<' 1.. ( 31A1J . ~ e C & M Trust Rt. 1, Box 312 Centuria, Wi 54824 Croix Valley Roofing 16220 Third St. No. Lakeland, Mn. 55043 David J. Construction 104 No. Harriet St. Stillwater, Mn. 55082 Delaney.s Construction 10805 Hyland Terrace Eden Prairie, Mn. 55344 Eiklenborg Construction 10343 Dellwood Rd. Stillwater, Mn. 55082 Fuhr Trenching 12639 Manning Ave. No. Hugo, Mn. 55038 Gallati Excavating, Inc. 6284 Upper 46th St. No. Oakdale, Mn. 55128 e Horak, Inc. 244 So. 4th St. Bayport, Mn. 55003 Minnesota Elevator, Inc. P.O. Box 443 Mankato, Mn. 56002 Sign Services, Inc. 1016 dNo. 5th St. Minneapolis, Mn. 55411 T. G. Home Builders 120 Collen St. Wyoming, Mn. 55092 Topline Outdoor Advertising 1471 - 92nd Lane N.E. Blaine, Mn. 55434 e CONTRACTORS APPLICATIONS May 21, 1991 Masonry & Brick Work Roofing General Contractor General Contractor Masonry & Brick Work Excavators Excavators Renewal Renewa 1 Renewal New Re ne\'1a 1 Renewal Renewal Moving & Wrecking Bldg. Renewal Tree Trimmers Elevator Installation Sign Erection General Contractor Sign Erection 1 New Renewal New New e 1 2 e3 4 5 6 7 8 9 10 11 12 13 14 e 15 16 "17 18 19 j~ 20 21 22 23 24 05/01/91 [REVISOR] HMW/LS HA91-668 ............... moves to amend H. F. No. the first --- engrossment, as follows: Page 2, after line 4, insert: "Sec. 2. [STILLWATER; PROMISSORY NOTES; REASSESSMENT; AGREEMENT.] Subdivision 1. [NOTES.] The city of Stillwater may issue and sell general obligation promissory notes to finance the payment of ad valorem taxes due and payable in 1991 and prior years, and all interest and penalties due with respect to them, on .all or part of the following described real estate: Outlots M, N, 0, P, V and X, OAK GLEN; Lots 1-8 inclusive, Lots 13-16 inclusive, Lots 21, 28, 29, 32 and 33, Lots 35-39 inclusive, and Lots 42, 43, 45 and 46, Block 1, OAK GLEN; Lots 7 and 12, Block 4, OAK GLEN; Lots 8 and 11, Block 5, OAK GLEN; Lots 1, 24, 26, 27, 29, 31, 34 and 36, Block 1, OAK GLEN 6TH ADDITION; and Lot 3, Block 4, and Lots 1 and 2, Block 5, OAK GLEN TOWNHOUSE PLAT NO.1; Washington County, Minnesota. The notes shall be issued, sold, and secured as provided by Minnesota Statutes, chapter 475, except that they may be authorized by resolution adopted by a four-fifths vote of the city council without an election, and they may be sold at public or private sale. The portion of the special assessments levied pursuant to subdivision 2 representing taxes, interest, and nenalties may be pledged to the oayment of the notes. 1 LIST OF BILLS EXHIBIT "A" TO RESOLUTION NO. 91-88 e e Act ion Rental A T & T A T & T Braun Intertec Bryan Rock Products Burlington Northern R. R. Capitol Communications Coordinated Business Systems Courier, The Deblon, Diane Dorsey & Whitney Ecolab Pest Elimination Equipment Supply, Inc. Gordon Iron and Metal Gopher State One-Call Greeder Electric Company Greenbelt Industries Junker Recycling Service Junker Sanitation Service Labor Relations Associates Magnuson, David M. A. B. Enterprises Metropolitan Waste Control Commission Minnesota Correctional Facility Ness, George N. W. Tire & Battery Co. On Site Sanitation, Inc. Power Brake & Equipment Co. Russell, Stephen st. Croix Animal Hospital Seim, Margaret Short Elliott Hendrickson State of Minnesota Stillwater Fire Relief Assn. Terwedo, Ann Thompson Hardware, Inc. Tower Asphalt Uniforms Unlimited U. S. West Communications Viers, Larry Viking Office Products Watson, Dennis Zahl Equipment Zee Medical Equipment Ziegler, Inc. e Rent Power Rake Long Distance Calls Lease/Rental Soil Tests-Downtown Crushed Rock/Lime Lease Energency Equipment Mte. Agreement Council Meetings Health Insurance Legal Services Pest Control Replace Bearings Rod Locate Requests-April Repair Light-Garage Epoxy Patch April Recycling April Services Services Legal Services First Aid Supplies Sewer Service Charges printing Reimburse-Fire School 2 Batteries Rental Service Equipment Parts Housing-Planning Conf. Boarding Fees-April Shoes-Seim Engineering Unclaimed Property Reimburse-Conference Mileage Supplies Blacktop Un i forms Telephone Reimburse-Fire School Computer Paper Programming Repair Gas Pump 4 Pre Safety Glasses Rebuild Brake System $ 21.20 68.37 146.20 517.00 260.84 4,000.00 43.00 224.03 30.00 219.23 1,000.80 195.00 307.43 20.00 65.00 46.00 330.70 6,594.00 455.80 1,072.50 2,580.00 357.30 71,024.00 82.20 85.00 122.44 35.00 12 . 54 122.18 181.00 28.99 2,101.32 5,000.00 100.00 53 . 94 142.11 90.63 88.95 530.39 85.00 30.75 405.00 122.61 42.90 420.92 ADDENDUM TO BILLS Advance Interiors & Floor American Planning Assn. Courier, The Cutler, Jeff Helm, Inc. League Mh. Cities Insurance Marco Construction McGladrey & Pullen Mh. City Management ].lssn. Mh. Crime Prevention Officers Assn. Motorola, Inc. On Site Sanitation Sensible Land Use Coalition St. Croix Cleaners Short Elliott Hendrickson Snap on Tools Stack, Barrett M. State of Minnesota Stillwater, City of Viking Office Products T. A. Schifsky & Sons Lavatory Floor $ Membership/Fee Publications programming Manual Workers Compensation Refund-Erosion 1990 Audit Annual Dues 1991 Dues-Swanson Radio Repair/Contract Portable Restrooms Seminar Laundry-Fire Engineering 2 Thread Files Sketch of Wall 1991 Minnesota Rules Reimburse Petty Cash Print Shop Disks Blacktop Adopted by the Council this 21st day of May* 1991. APPROVED FOR PAYMENT e 775.00 532.00 130.14 180.00 77.50 31 , 253 . 50 4,500.00 3,950.00 50.00 25.00 314.70 260.00 15.00 16.25 2,247.83 11.47 135.00 200.00 67.80 45.96 340.56 e e e 1606 MORNINGSIDE PD STIU_W?HEF: ,i'1N, 1~1i'::i V 1 2 , 1 991 r.)EAF~ t;TE-=~.)E, THIS L..ETTER IS TO INFORM YOU OF MY RESIGNATION FROM THESTILL..WATER PLANNING COMMISSIONu AS YOU KNOW, WE ~!OPETO BE MOVING TO BAYF'ORT THIS SLJMMER, SO I WIL_L NO LONGER BE ELIGIBLE FOR A SEAT ON THE PLANNING COMMISSION~ I HAVE THDROlJGHL.Y ENJOYED THE YEARS I HAVE BEEN (IN TME COMMISSIOI~ ,r.)!\ID L.EAF;NED i"1t'-iNY I NTEF:Ef.;T n-m {iEPECTS OF C I TV F'L{~r,~NI NG , KAY TOMASCEK MAY BE INTERESTED IN SERVING ON THE PLANNING COMMISSION. SHE HAS ATTENDED MANY MEETINGS AND IE A BUSINESS OWNER IN THE DOWNTOWN AREA. HER PHONE NUMBER IS 1.'l3'71---,"C?'78 It MY FORMAL RESIGNATION WILL. BE EFFECTIVE FOR THE JUNE,1991 MEETING, BUT UNFORTUNATELY I WILL BE UNABLE TO ATTEND THE MAY MEETING DUE TO AN UNEXPECTED APPOINTMENT. e AGAIN~ I HAVE EN.JOYED MY PLANNING COMMISSION EXPERIENCE AND WILL CONTINUE TO BE INTERESTED IN THE ACTIVITIES OF STILL.WATER, YCJl.JS:'3 .1"F~IJL. Y , I Lt"-rt ~u.:rLv e .. -.., CLAIM AGAINST CITY OF STILLWATER e NAME OF CLAIMANT Ibt4 5~~ttT ADDRESS qg0 ()kJ. 6kw- ~cll) PHONE NO. 430-0539 WHEN DID EVENT OCCUR? ~ YY\~ h WHERE DID EVENT OCCUR? ~ ,~ 4e>q tV. um/ldvtl ~ WHAT HAPPENED? d () CM V' ,:( ord-. r2e..~ bv Je ~, ~ ~ Wl'v'L cbmt-- STATE THE NATURE OF THE DAMAGE AND THE COSTS ASSOCIATED 5h()<A teL ~d ~ bdV $ 4wt!L k~ =r~ 6R- 0Jv1~ Ovvv e +0 ~ VI J. f'1/lC/e.secJ inA/(J1Ces. - -JndfU~ d ~ Ird,)- -H~, ~ ~~ 4- ~ L - d~ -f-o o~ WN..t..j CfyiY~ - -J- ,~ ~ ~ NAME OF PERSON MAKING REPAIR; OR GIVING CARE d c.. I~t~~ aV'\ ---fv"avJ-- AA- j \Ac Y5 j( ,e5 % -j.1).. 0"-/3 ;<< DA E You have to formally notify the City in writing within thirty (30) days of the occurrence of an event whereby you feel you have suffered damages. e e e - . ..... .. ' , .. SIDEWALK SHOULDER WEST BOUND LANES EAST BOUND LANES SHOULDER NORTH SIDE SOUTH SIDE DECK CONSTRUCTION ,II \: .seH HR ~ \~I STILL WATER-HOULTON BRIDGE OVER ST. CROIX RIVER ROADW A Y LAYOUT ) CNGIIICfRS8ARO<1TFCTsaPl.lWNt7tS tI:lR E11illl1 ~ n::. e, e e BRIDGE NO. 1 ~ :J iii ~ s: ~ o ...I 2 3 ~ :J CD l7i s: ~ ::> o w :i 4 5 ~ :J iD u; s: ::J: t) :i: 6 BRIDGE TYPE AND SIDE VIEW (NOT TO SCALE) GIRDER ~ T\.f II \l I I I I III .LLU' __:~@~~{o~'4-**",mo>>'l BOX ~'~ "',". 'I" r I I I I I - J,;'" "':->>.'<~"l'~~:-'~ TRUSS ~..,;~ '~'''I\,l r - ~ T 1 I I I 'J.,,,LJ.J4" ~'''':.:':-:':':~,,:,:,;-:';.;':.:.;.;.I:.;',;,; ..;.;,;,;.,.:.;.~:.'.-' .' , " .... ARCH '.,"... '.'. ~ '""'1'\ ,- 11 r T Y V'l r I I Ij"JJAf ~x.~>>:l*~~~;:"~:,~""~,,, .N..;~,~:.,"'~;'. .,.. ~ " ' , ','. CABLE STAYED': '. '." " , ',.. ~,' '.'lJ:lJ.-V - ~~..,.,....,."........ .............,.,.",............,.:.~. , " . SUSPENSION ,',. ' ',.... ~ "'VI\.V- ~~,-..-....-..,.~, ..,..-;-,-,;:;,.'. ~HR __ARa*1FCTSII..- tI)R E1~ Inc. DECK CONSTRUCTION (NOT TO SCALE) -- I I ... .a IIIIlIIII 'uuu' l . r ..': ~. <:: .. Il':;, : ~ :, ~.__i_.................I.~.4.................1. '- .. "li:""'" ;~ ~ ~ i,; 1I:::::::::::::::n::::::::::::::::o , ! I' ~ . V,", /V l>'/'-A/'-..J ~~~ . . ... DESCRIPTION o OPTlt.4UM SPAN RANGE: 150' TO 350' o MAXIMUM SPAN RANGE 500' TO 550' o USABLE FOR BOTH STRAIGHT AND CURVED PORTIONS OF BRIDGE o CONVENTIONAL F ABRICA TlON o CONVENTIONAL ERECTION o BRACING MEMBERS VISIBLE FROM UNDERSIDE o MEDIUM MAINlENANCE SANDBLASTING AND PAINTING (SlEEL) o MODERA lE DEPTH BELOW THE DECK o OPTIMUM SPAN RANGE: 250' TO 350' o I.4AXIMUM SPAN RANGE 500' TO 550' o USABLE FOR BOTH STRAIGHT AND CURVED PORTIONS OF BRIDGE o NO VISIBLE BRACING MEMBERS o COMPLEX ERECTION o UTlLlllES ENCLOSED IN BOX o I.4EDIUM MAINlENANCE SANDBLASTING AND PAINTING (SlEEL) o MODERA lE DEPTH BELOW THE DECK o OPTIMUM SPAN RANGE: 350' TO 500' o MAXIMUM SPAN RANGE 500' TO 700' o USABLE FOR STRAIGHT PORTION OF BRIDGE ONLY o COMPLEX FABRICATION AND ERECTION o MANY VISIBLE MEMBERS o HIGH MAINlENANCE SANDBLASTING AND PAINTING (SlEEL) o SUBSTANTIAL DEPTH BELOW THE DECK o OPTIMUM SPAN RANGE: 300' TO 500' o MAXIMUM SPAN RANGE 500' TO 800' o USABLE FOR STRAIGHT PORTION OF BRIDGE ONLY o COMPLEX FABRICATION AND ERECTION o MANY VISIBLE MEMBERS o HIGH MAINTENANCE SANDBLASTING AND PAINTING (SlEEL) o SUBSTANTIAL DEPTH BELOW THE DECK o OPTlMUI.4 SPAN RANGE: 600' TO 1000' o MAXIMUM SPAN RANGE 1000' TO 1400' o USABLE FOR STRAIGHT PORTION OF BRIDGE ONLY o COMPLEX FABRICATION AND ERECTION o MANY VISIBLE MEMBERS o HIGH CABLE INSPECTION AND MAINTENANCE REQUIREMENTS o HIGH MAINTENANCE SANDBLASTING AND PAINTING (STEEL) o A\t1ATlON SAFETY UGHTING REQUIRED o SHALLOW DEPTH BELOW THE DECK NOTE: NOT RECOMMENDED BECAUSE OF HIGH COST o OPTIMUM SPAN RANGE: 1500' TO 3000' o MAXIMUM SPAN RANGE 3000' TO 5000' o USABLE FOR STRAIGHT PORTION OF BRIDGE ONLY o COMPLEX FABRICATION AND ERECTION o MANY VISIBLE MEMBERS o HIGH CABLE INSPECTION AND MAINlENANCE REQUIREMENTS o HIGH MAINlENANCE SANDBLASTING AND PAINTING (SlEEL) o EXTENSIVE FOUNDATIONS REQUIRED AT CABLE ANCHORAGES o AVIATION SAFETY LIGHTING REQUIRED o MODER A lE DEPTH BELOW THE DECK NOTE: NOT RECOMMENDED BECAUSE OF VERY HIGH COST. AND RIVER BOTTOM AND WlSC. BLUFF IMPACTS. CONSTRUCTION COST (RANCE) $ 40-45 MIL $ 45-50 MIL $ 55-60 MIL $ 50-55 MIL $ 70-80 MIL $ 120-130MIL STill W A TER-HOUl TON BRIDGE OVER ST. CROIX RIVER MAINTENANCE COST (HIGH, MEDIUM, LOW) LOW (CONCRETE) MEDIUM (STEEL) LOW (CONCRETE) MEDIUM (STEEL) HIGH LOW (CONCRETE) HIGH (STEEL) MEDIUM (CONCRETE) HIGH (STEEL) MEDIUM (CONCRETE) HIGH (STEEL) \~ LAND IMPACT (HIGH. MEDIUM. LOW) LOW (STEEL) MEDIUM (CONCRETE) LOW LOW LOW LOW HIGH ~ RIVER PIER IMPACT (HIGH, MEDIUM. LOW) LOW (STEEL) MEDIUM (CONCRETE) LOW LOW LOW LOW LOW BRIDGE FACT SHEET e, e e ---- ---- STRAIGHT SPAN RANGE 300' TO 450' APPROX. 5225.00 140 fEET TOP OF DECK I TO WATER , I ----~ I . i , I ___ HR CNGtNaRS8ARCHIFCrsllPl.ANNERS tI)R EloQll~ be. ~ HORIZONTALLY CURVED SPAN RANGE 220' TO 375' BRIDGe Type NO. I - GIRDER STRAI T SPAN RANGE 121' TO 400' APPROX. 5225,00 140 fEET TOP OF DECK TO WATER SP ST Act< I I , I I HORIZONTAllY CURVED SPAN RANGE 144' TO 243' 75 fEET TOP OF DECK TO WATER I i BRIDGE TYPE NO. 2 - BOX .m ~. ~;V STill W A TER-HOUl TON BRIDGE OVER ST. CROIX RIVER NSP STACK ~.. {OJ ClF"~,I:' lOW VISIBILITY e. e e - ---- ---- ------/ I ' I I . I -----/ I I I I APPROX. 5225.00 STRAIGHT SPAN RANGE 300' TO 540' 140 fEET TOP Of' DECK I TO WATER . I BRIDGE TYPE NO. 3 - TRUSS APPROX. 5225.00 STRAI T SPAN RANGE 229' TO 464' HORIZONTAlLY CURVED SPAN RANGE 225' TO J50' 75 fEET TOP OF DECK TO WATER SP STACK HORIZONT ALLY CURVED SPAN RANGE 227' TO J04' 140 fEET TOP Of' DECK TO WATER I . I BRIDGE TYPE NO. 4 - ARCH ~ =seH fiR STILL W A TER-HOUL TON BRIDGE OVER ST. CROIX RIVER Dll>>EERSflNlCHrcr:rsaPlANNERS tI)R =~__ h:. SP STACK t~ MEDIUM VISIBILITY e e e ..,.,. . ---- ---- APPROX. 5225.00 HORIZONTALLY CURVED SPAN RANGE 225' TO 350' 75 FEET TOP Of OECK TO WA'lER I I I I SP STACK 140 fEET TOP Of OECK TO WA 'lER BRIDGe Tvpe NO. 5 - CABLE ST A veD APPROX. 5225.00 SlRAI T SPAN RANGE 260' TO 1300' HORIZONT ALLY CURVED SPAN RANGE 225' TO 380' 140 FEET TOP Of DECK TO WA 'lER BRIDGe TVPE NO. 6 - SUSPENSION SSEH HR ~ tQ; fJOEDlS.A/fOIIrccTSIIPI.ANNERS tflR &~ n:. STILL W A TER-HOUL TON BRIDGe OVER ST. CROIX RIVER HIGH VISIBILITV EQ1 MORTGAGE & FINANCIAL CORPORATION Councilman Gary Funke 1605 W. pine Street Stillwater, MN 55082 April HiS; .1991 Dear Councilman Funke: This letter is to express my interest in becoming a member of the Stillwater Charter Commission. e I am a longtime resident of Stillwater, active in many local organizations. Omega Mortgage and Financial Corporation is headquartered in Stillwater and I hold the position of President and CEO. My professional background as a banker for .twenty five years will help me in dealing clearly, concisely and professionally with issues confronting the Charter Commission. Please consider my request for appointment to the Charter Commission upon the next available opportunity. Best Reg~~ ~~ C. J. Kabis, MRA, CMC President CJK:cl cc: File e 1675 SOUTH GREELEY STREET, SUITE 103 -STILLWATER, MINNESOTA 55082-6006 - (612)430-2050 e e e Clhe 9al~(7iew {!emeb;,~4 dfl,l,oaiatlon 703 Harriet~rive .2)till'wat/!.'l., c;I/Iliwzuot" SSCB2 May 10, 1991 Mayor Wally Abrahamson & City Council 216 N 4th St Stillwater, MN 55082 Dear Mayor: The Board of Trustees of Fairview Cemetery Association wishes to express its concern about the deteriorating sidewalk outside the black wrought iron fence on the east end of the cemetery which extends from the NE gate at Orleans & Osgood to the E gate directly across from the cemetery house. This sidewalk is buckled, cracked, uneven, pieces of concrete missing-- very difficult to cut grass & weeds around. The Board of Trustees wishes to express in writing our concern for safety and worry of possible accidents. r.epaired/ We believe the sidewalk should be replaced or removed completely and wish to go on record with this written request to the City of Stillwater to do so. From the E gate to the south end of the cemetery there is no sidewalk, only a dirt path. We would like a reply before our spring meeting on May 22, 1991. Please contact our President Richard Jeans at 439-5330 daytime. Sincerely yours, ( ./~~ ~ Mrs. Susan A. Howar Secy-Treas c: Richard Jeans Church of St. Michael Parish Center 218 E. Willard Street Stillwater. Minnesota 55082 Tel. (612) 439-4400 r~ay 9, 1991 Stillwater City Council Stillwater, MN. 55082 St. Michaelis Church requests your permission to erect a 14' decorative pole with a flood fixture to light our steeple on public right of way. We would place the pole on the southwest corner of 3rd and Walnut Streets next to N.S.P.ls power pole. Sincerely, ~~~---L- Fr. John Szarke Pastor e .,;.;. e Northern States Power Company Law Department Hollie. M. Wlnaton Secretary 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612)330-6600 Fax No. (612)330-7558 Attor/l8}'S Gene R. Sommers Ralph S. Towler Joseph O. Bizzano, Jr, Stephen C. Lapadat Harold J, Bagley James L, Altman Oonnellda L, Rice Cheri L. Brix Michael J. Hanson Michael C, Connelly Gary R. Johnson Vice President-Law Davld A. Lawrence .hick F. SJoholm Director-Law Director-Law Wrlterls Direct Dial Number 330-6648 May 10, 1991 TO MUNICIPALITIES AND COUNTIES IN NSP'S ELECTRIC SERVICE TERRITORY: Re: Minnesota Public Utilities Commission Docket No. E-002/GR-91-1 e On January 28, 1991, Northern States Power Company ("NSPII) filed for an electric rate increase with the Minnesota Public Utilities Commission ("PUC"). The Commission has referred this filing to the Office of Administrative Hearings for evidentiary and public hearings. In accordance with paragraph 4b of the Commission's Notice and Order for Hearing dated March 11, 1991, attached is the notice of scheduled public and evidentiary hearings to be held in this proceeding. IJJaV:t10ns. DAVID A. ~~CE Director - Law feel free to call the undersigned. Attachment e CE INCREASE NOTICE: EARINGS SET ON NSP'S QUEST FOR ELECTRIC PRICE INCREASE e blic bariDp _ sc:beduJed oa NortbcrD Swes PuMr Cornpany'llIql*t for 8lI eIecsril: Arrt NSP eIccuic CUltOlDCf ilia)' appear 01 make a _I at ~ bariap. lbu IJ'C _ audI aa&he adeqllK)' and quality o( NSP'I eIeclric .mcc. &he IMI 01 pril:Is manm. lbu do _ .-l1O be npraaIICd by l1li aD.OnIe)'. 1bc bcariap will be: ~ '11Illnday SL Paul Olippcwa Cry CIl House May 30. 1991 NiJIDoaola PUC 629 N. 11th SL , p.m. Amcric:IIII CcaIler BIda- lMJe HariDa Ilm, 71.5 !.SO E.. JCdIou Bhd. SL Ooud Oly HaD 400 Secoad SL S. WIdDeaday Jlme $. 1991 , p.m. MoocIay J_ 10. 1991 , p.m. May ~ 991 , p.m. 1lIeday May 2a, 991 1:30 p.m. ~Us HCD!)epill Q,1 Go<- Or WlOrium 300 S. Sizlh SL CooII Rapids North Subutball Family Senia Or 1m CooII Rapids Bhd May 29, 991 , p.m. W'UlODa Oly Hal\, Thin! floor 1111 Lafa)oca.e Nonh MaDI:aIo . Jell ...... GnID bill WI Jtuac SL bariDp for praeDWion of formal direr:! ustimony, IdlunaI and sambuuaJ -c:a.mination o( UlaIICStimOll)' _ scheduled (Of WtdDaday, JUD~ 19, at 9 a.m... and thm:arm u 9 a.m... UrIc HcariDa Room. 7th floor, Amcric:IIII Caucr Juiktirla, I'll E.1dIoa Bl~ 51. Paul, MN $5101. , abouI&he public and tMdcIui.uy barinp ilia)' be obcained fnxo ~ C. Luis., MinDaota OfflClt of MmiDistl'l1M HeariDp, ~ floW' ExcbaDIc Awmuc South. M.iDDeapow, MN $S4J5. . bas asked Ihc MiDDaoI.I Public lhi1itics 0lmmlai0lI lPUC) (or a 1.1 pa=Dl (S9U ill eIccuic .-nuc. Pan o( 1Iw lDW. a $.94 pa=Dl (S71.9l11i11ion) illImm price iDcIaR ill CUSIOmm' bills, aubjea 10 mUDd. public barinp will provide l1li opponUDilY fOl CIIIlOlMn and Cltbas af(ecsed by me 10 praau lheir Yiew$ 10 me AdmiDisUatiw: u.,. Judp and me PUe. ~ V. 250 KWH $00 KWH 750 KWH 1000 KWH c;...I s.mcr V. $00 KWH 1000 KWH ~JCWH Sonb l.JII/'DeluIld (JCWH/XW) 10,000/50 $ 629 $ 666 $ rn 3O,OOOm 1.342 I,m 1..5S 400,000/1000 17,607 11.6.53 19,W N5l' REQ\1EST1D THE PltJeE OlANGES'DESCRIBED AJIOVL THE MlNNDOTA PV1IUC COMMISSION COULD EITHER GRA1I;T OR DL"iY THE REQUES"JD) QiANGCS,IN OLE OR IN PART, AND MlCHT CRANT A LESSER OR CREA TER 1Nau.sE 1'1 tHE ONE REQUESTED FOR ANY ClASS OR QASSES or SERVICE. If "'" _ m(Ol1Dalion about tbis iDaax, 0CIlUCl&he ~ Public UtlIWea C__lnWo Floor. AmericaD c:.cmer BIIiIcIiD&. I'll EasI KcIloa BouII:vard. St. Paul. MN 55101. You CWlIiIIe 1M ill(onzwioD NSP IIIbmitled 10 1M MPUC cIurilIc ~ busiDcu Ilours at: Ihc 1 of Public Senia, 790 American Callei' BuildiIla. I'll East KcIlou Blvd.. St. PaulIIIId at 1'1 Swes Power Colnpany o(flCllS located al .1. NicoIIel MaD, Millncapolis; 2302 Cin:al Nortbcm '. farao; .21 Wabasha St.. St. Paul; W ~ St.. St. Paul; 1700 E. Count)' Roell E, While II;u c; JOOOMuweII A.c., Nntpon; 2763 rJl'll Ave., N.W..Faribeult: 1930 Pepin Ave.. Red Wine: 3515 . St. N., St. Ooud; $OSO Service Driw:, WlllODa; ~ W. Ruud St_. Sioux Falls: 4501 6Itll A.c. . BrookJ)'D Caller; 5309 W. 70th Suecl, EdiDa; 210 Lime St., Matlbto: 5505 Counly a-:t 19. ; 1505 Wu/tillIUlI1 Ave., MOIIU'Yidco; and 311$ CaIlft Pcime Drive, 1l~. mi1Iion) . ii_ie , A.... M..cIIIJ liD rw-t 516.10 )4.70 ~.80 601.90 .... $17.06 36.76 $2.76 61.76 r-t $ 36.10 61.00 127 ..co IaIt:rW S 31.99 70.91 1)4.9'7 .... rw-I MP ......... .... ... c:..pen, UN Eleclrlc: Rat Cue 11891.1R , .'~ lD ManQlo lWIiIrence only ; , May 1891 ' l1Mh ,. e PI9poM $18.)4 37.18 $3.$3 69.1i ....... S 39.21 71.97 131.33 ....... e I _ y". .p; 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) League of Minnesota Cities May 7, 1991 Mary Lou Johnson City Clerk 216 North 4th street stillwater, MN 55082 Re: Luhrs v. City of stillwater Dear Ms. Johnson: Please be advised that the above-entitled matter has settled for $10,000.00. Janet Coleman and I would like to thank you for your assistance and cooperation in this matter. e Please contact me if you have any questions. Sincerely, %-//?~ Kristi K. Haselman Legal Assistant :luh45 e STATE OF MINNESOTA COUNTY OF WASHINGTON Audrey E. ~uhrs, vs. City of Stillwater, n i lj TN DTSTRTCT COURT TRNTH JUDICIAL DISTRICT Case Type: 7 PI intiff, SUMMONS Defendant. THE STATF OF MINNES TA TO THE ABOVE NAMBD DEFBNDANT: You summoned and required to serve upon plaintiff's attorne an answer to the complaint which is herewith served upon you, thin twenty (20) days after service of this summons upon you, e elusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in he complaint. Dated: March 31, 19 9 HA~LORAN & HANDRVIDT By: sl John I. Halloran John t. Halloran #39846 Attorneys for Plaintiff 309 Sherman Street Jackson, MN 56143-0225 1?hone: (507) 847-2052 .\ ! e e e f t e STATE OF MTN~ES0TA COUNTY OF WASHINGTON IN DlST~rCT COU~~ TRNTB JUDICIA~ DTST~ICT Case Type: 7 Audrey E. ~uhrs, Plaintiff, COMPLAINT vs. City of Stillwater, Defendant. e Plaintiff, for her cause of action against defendant, alleges and states as follows: I. Defendant is a municipal corporation under the laws of the State of Minnesota. 2. On February 25, 1989, plaintiff fell on a sidewalk located on the southwest corner of the intersection of Main and Olive Streets in the City of Stillwater. 3. As a consequence of said fall, plaintiff fractured her right knee and suffered severe and permanent personal injury. 4. Plaintiff's fall was caused by defects in defendant's sidewalk. 5. Plaintiff has incurred and will incur medical and hospital expenses in an amount not yet determined. 6. Plaintiff has suffered loss of income and loss of ability to earn income. 7. Plaintiff's damages are in excess of $50,000.00. e ., , W~EREFORB, plaintiff prays judgment against defendant in e an amount on excess of $50,000.00 together with her costs and disbursements herein Dated: March 31, 1 89 HA~~OR~N & HA~DEVTDT By: sl John I. Halloran John I. Halloran *39846 ~ttorneys for Plaintiff 309 Sherman Street Jackson, M~ 56143-0225 Phone: (507) 847-2052 1.\Cl<~OWT-,FDGMB~T Plaintiff, by and through the undersigned, acknowledge that costs, disbursements, reasonable attorneys' fees and witness fees may be awarded to he opposing party pursuant to M.S.~. S549.21, 4t SS2. sl John I. Halloran John I. Halloran e .,.- MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION . 619 SECOND STREET, HUDSON, WISCONSIN 54016-1576 "' Serving Our Sponsor States on the St. Croix . '" ..... and Mississippi Rivers since 1965 Wisconsin Telephone (7151 386.9444 e' Minnesota Telephone (612) 436-7131 Office Hours: 8 A,M, .5 P,M, Monday.Friday May 20, 1991 Nile Kriesel city Coordinator City of stillwater 216 North Forth street stillwater, Minnesota 55082 Dear Mr. Kriesel: The st. Croix Regional Committee of the Minnesota-wisconsin Boundary Area Commission reviewed your request to the u.s. Army Crops of Engineers to place up to 8 no-wake buoys in the st. Croix River at the stillwater Central Business District. e After review of your application materials and discussion, the Committee voted by majority vote to support your application and communicate this action to you and the u.s. Army Corps of Engineers. By copy of this letter we are advising the City and the Corps of the Committee's formal action. You should also know that a new brochure will soon be available from the river-managing agencies advising people of the no-wake rules on the st. Croix. Please advise us regarding how many copies you would like. ~n~~ly , ~\~ Karl Bremer Chairman, st. Croix Regional Committee cc: Judy Kolb, u.s. Army Corps of Engineers e "'- ("';:J ," "'- rv ~ ~ Cooperation Between Responsible Management Agencies ,:,~ LOWER ST. CROIX MANAGEMENT COMMISSION e MEMBER AGENCIES NATIONAL PARK SERVICE - U.S. DEPARTMENT OF THE INTERIOR DEPARTMENT OF NATURAL RESOURCES - STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES - STATE OF WISCONSIN MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION (EX-OFFICIOI May 16, 1991 Nile Kriesel city Coordinator City of stillwater 216 North Fourth street stillwater, MN 55082 RE: stillwater No Wake Buoys Request LOWER ST. CROIX NATIONAL RIVERWAY Dear Mr. Kriesel: The Technical Committee of the Lower st. Croix Management Commission reviewed your correspondence and the public notice of the u.s. Army Corps of Engineers in which you requested approval to place up to 8 no-wake buoys in the st. Croix River at the stillwater Central Business District. After discussion, the Committee directed me to advise you that we do not support the city's request for the following reasons: e 1. Water Surface Rules are already in effect on the Lower st. Croix River causing it to be illegal to operate a craft at greater than slow-no-wake speed within 100 feet of all shore, including islands and swimmers. 2. The Committee has heard repeatedly from water patrol officers that placing no-wake buoys 100 feet from shore to identify the no-wake requirement in only selected areas, when it applies river-wide, causes boaters to mistakenly think the rule only applies where marked. When stopped and cited, boaters question why the zone is marked in some places but not others. 3. The Committee stated that it would fully support increased efforts to educate boaters and to do periodic concentrated patrol and ticketing in the downtown Stillwater vicinity to increase boaters awareness of the rule. I have been asked to work with you and law enforcement officials to minimize the problem. Please advise me if you would be willing to meet with me in the near future. e ~. ncerely, ( ',.",~---- Mc~ Chairman, Technical Committee cc: Judy Kolb, u.s. Army Corps of Engineers COORDINATION OFFICE Minnesota-Wisconsin Boundary Area Commission, 619 Second Street, Hudson. Wisconsin 54016-1576 Minnesota Telephone (612)436-7131 Wisconsin Telephone (715) 386-9444 e e e M E M 0 TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL MARY LOU JOHNSON, CITY CLERK MAY 9, 1991 POPEYE1S REQUEST TO SELL LIQUOR FROM GAZEBO ON DECK I had a discussion with Liquor Control regarding the above issue and the following are the guidelines they issued. If a licensed bar and restaurant is selling liquor from the inside of the building and serving it on a deck or patio, there is no problem. If a licensed bar and restaurant is serving and selling liquor from the outside (such as a gazebo or other fixture), on a deck or patio attached to the building, the liquor license shall be amended to include this area because the State Statute (340A.4l0, Subd. 7) reads, IlLicense limited to space specified. A retail license to sell any alcoholic beverage is only effective for the compact and contiguous space specified in the approved license application.1I Liquor Control has also informed me that gazebos, etc. separated from the main area are not allowed per the statute. If the Council wishes, in the case of Popeye1s, we could amend their license to include the deck and gazebo and this would be posted in the establishment. Attached to this memo is a survey of the restaurants and bars in the City and their current situation as it relates to patios, decks and outside bars. SURVEY OF ON-SALE LIQUOR LICENSES e FOR PATIOS, DECKS, & OUTSIDE BARS OUTSIDE INSIDE NAME PATIO OR DECK BAR BAR Brine's Inc. None yes 219 So. Main St. Cat Ballou's None yes 110-112 No. Main St. Dock Cafe Corp. patio yes 225 E. Nelson St. Freighthouse, Inc. deck yes yes 305 So. Water St. Hidden Valley Lounge None yes 231 E. Myrtle St. John's Bar None yes 302 So. Main St. The Lowell Inn, Inc. None yes 102 No. Second St. e Madcapper Saloon, Inc. None yes 224 So. fvlain St. Meister's Bar & Grill None yes 901 So. Fourth St. Natll. Restaurants dba None yes Estebanls 324 So. Main St. Oak Glen Dev. Co. dba patio - yes yes Pleasures at Oak Glen Gazebo (off patio) 1599 McKusick Rd. Stillwater Yacht Club dba patio/deck yes yes Popeye's 422 E. Mulberry St. J. W. Harbor, Inc. None yes 517 No. Owens St. Trump's Deluxe Bar & Grill None yes 317 So. Main St. e 1 I ., .. OUTS IDE INSIDE e NAME PATIO OR DECK BAR BAR St. Croix Club Bar & patio yes Restaurant 423 So. Main St. Vittorio's patio yes 412 So. Main St. e e 2 e e e ., . ~ we: King Videocable Company 7584 80th Street South Cottage Grove, Minnesota 55016 612,458-1866 1-800.255.4640 6901 Winnetka Ave, N. Brooklyn Park. MN 55428 (612) 533,8347 - Administration (612) 533.8020 - Customer Service May 10, 1991 An Affiliate of King Broadcasting Company Mr. Wallace L. Abrahamson Mayor City of Stillwater City Hall Stillwater, MN 55082 Dear Wallace: We are happy to report that a definitive sale agreement has been reached between King Videocable and The Providence Journal Company. The Providence Journal Company is one of the finest media companies in the nation and will make a fine partner in our community. Colony Communications, the wholly-owned subsidiary of The Providence Journal Company, will manage the day-to-day operations of the cable franchise once the sale is approved. Colony Communications recently earned the cable industry's highest honor - the National Academy of Cable Programming's 1991 Distinguished Achievement award - for community service. Enclosed is a copy of the news release announcing the agreement and additional information on Providence and its manage nt. Please feel free to contact me if you have any 1uesti n. Thank you. ~~ncer 1 , ~mm~rs \ . \ ~closures SERVING THE COMMUNITIES OF: Alton, Bayport, Bay town Township, Brooklyn Center, Brooklyn Park, Cottage Grove, Crystal, Denmark, Golden Valley, Grey Cloud Island, Hastings, Hudson, Lakeland, Lakeland Shores, Lake 51. Croix Beach, Maple Grove, New Hope, Newport, North Hudson, Oak Park Heights, Osseo, Plymouth, Prescott, River Falls. Robbinsdale, Rogers, Stillwater, Stillwater Township, 51. Paul Park, 51. Mary's POint, Woodbury " e e e . ... we: King Broadcasting Company 333 Dexter Avenue North PO. Box 24525 Seattle, Washington 98124 206/448-5555 News Release April 29, 1991 Seattle, Washington - King Broadcasting Company, Providence Journal Company and the investment firm of Kelso and Company, Inc. today jointly announced the signing of a definitive sale agreement for the acquisition of King's television and cable operations by the Journal in a joint venture partnership with Kelso. "This is a significant step in the fulfillment of our goal to place King Broadcasting with a company that shares King's values, its respect for employees and its commitment toward good corporate citizenship," King's president and CEO Steven A. Clifford said. "Work will now begin by both companies to seek the necessary regulatory approvals to transfer the FCC licenses and cable franchises. Providence Journal Chairman and CEO Stephen Hamblett said, "The agreement places us in a major position in the communications world. It greatly strengthens our broadcast television and cable divisions, adding six television stations and more than 215,000 cable subscribers in strong markets." An added feature, according to Hamblett, is that the acquisition of King will provide Providence Journal with a strong communications presence along the full length of the East and West coasts of the United States. The Providence Journal Company is a privately held, diversified communications company based in Providence, Rhode Island. The company owns newspapers, broadcast television and cable-TV operations. The company's newspapers, founded in 1829, are among the nation's most respected daily papers. They are known collectively as the Journal-Bulletin. The Journal is the oldest daily newspaper of general circulation in continuous publication in the United States. The company's television stations are: KMSB, Tucson, Arizona; KGSW, Albuquerque, New Mexico; WHAS, Louisville, Kentucky; and WCNC, Charlotte, North Carolina. The Journal's wholly-owned cable-TV company, Colony Communications, is a pioneer company in the cable-TV business and serves over 550,000 subscribers in five states. -more- ,King Broadcasting Definitive Agreement Page 2 The definitive agreemen does not include King Broadcasting's radio stations or its mobile television com any. These properties, which constitute the remainder of King, are bing sold separately. "The search is underway to find buyers for the radio stations and Northwest Mobile Television. We e pect that this effort will be completed prior to the closing of the sale to the Providence Journal later this year," Steve Clifford said. King's television stations consist of: KING, Seattle; KREM, Spokane, Washington; KGW, Portl nd, Oregon; KTVB, Boise, Idaho; K38AS, Twin Falls, Idaho; and KHNL, Honol lu, Hawaii. King's cable division consists of 13 systems with over 215,0 0 subscribers in Washington, Idaho, Minnesota and California. Together, tel vision and cable comprise about 85 percent of the company. Sterling Payot Company and Dillon Read & Company are financial advisors to King Broadcasting in the sale of the television, cable and mobile television properties. Both, along ith Frank Kalil and Company, are assisting King in the sale of the radio stations. The First Boston Corporation represented the Providence Journal Com any and Kelso & Company, Inc. ### For more information: J hn D. Hough e Rockey Company ( 06) 728-1100 J. . e e e NEWS RELEASE AWARDS FOR CABLE EXCELLENCE e ".~ ~~ National Academy of Cable Programming 1724 MassachusetlS Ave,.NW Washington. DC 20036 Telephone 202 775,3629 COLONY COMMUNICATIONS TO RECEIVE DISTINGUISHED ACHIEVEMENT AWARD Colony Communications is the recipient of this year's Distinguished Achievement Award. In making the announcement, Doris Indyke, Executive Director of the National Academy of Cable Programming, explained, ,'".This award is given annually to a [ compan'y, project or individual who has made a significant programming contribution at the local level.), e Colony Communications is being recognized for its programming commitment to ethnic audiences. Specifically, the company produces 12 hours per day of Portuguese and Spanish language programming in New Bedford, Massachusetts and Hialeah/Dade County, Florida respectively. For many members of the Colony audience, English is not their primary language. Colony has made a substantial and on-going commitment to meet the needs and interests of these audiences. In 1976, a collaboration between Colony's New Bedford, MA system and a local Portuguese language newspaper started their first foreign language channel. Colony began with an hour of programming a day, serving 10,000 subscribers. The service has grown to 12 hours a day, with an availability to over 175,000 cable households in Massachusetts and Rhode Island. Approximately half of the programming on the Portuguese channel is original, including a daily newscast, magazine programs, special documentaries produced in Portugal, soccer games, cooking shows, a MTV style music show and discussion programs. Acquired ~ programming from Portugal and Brazil includes novellas (soap operas), movies, musical/variety, comedy, news/special event programs, and live soccer games via satellite. The system also produces access programs in Cape Verdean, Spanish and French. (more) In 1981. Colony's Hi~leah/Dade County, FL system launched Miavision. Initiall the service provided two hours per day of Spanish language pro ramming, now it offers 12 hours per day, seven days per week f programming. Original programming includes a daily new program, magazine show and music video spow, a weekly sport talk show, musical variety program and medical phone-in sho , along with boxing, soccer and other sporting events. uired programming includes novellas from Venezuela, movies m Mexico, Spain, Argentina and the U.S., and tv series and musica variety programs from Central and South America, Puerto Rico and the U.S. .- Colony's on-going by the recent collab Cambodian organizati efforts are underway programming for its The Distinguished Ac Communications at... th celebration, Ma~h 2 itment to ethnic progrqmming is exemplified ration of its Lowell, MA system with a n to produce a regular program. Similar in Colony's Los Angeles system to create panish-speaking community. ievement Award will be presented to Colony "The National Show" Local ACE Awards in New Orleans. OLONY'S PROGRAMMING AWARDS The awards that Colony's cable systems have received for their local programming . nclude ACE Awards from the National Cable Television Associati n, (the industry's highest programming award) the Hometown Video wards from the National Federation of Local Cable Programmers nd various regional and local programming awards. Notably I t ey have won nine "Awards for Cablecasting Excellence" (ACE), a d ten "Hometown USA Video Festival" awards and citations. COlony i also nominated for four additional ACE Awards in 1991. Below is general summary of these awards. ,< e e e I. Seattle ;Jost -3ntellig.encer Publisher. Virgil Fasslo ExKutiYe Editor: J,Q, Alexanaer Editorial Pice Editor: <:har,es J, Duns"e Manaline Editor: Kerry $Iagle AsSOCJllte Editor: Thomas A, Reaa Business Manaeer: William R. Cobb ^ MARCH 5, 1991 e e e The vOlee 01 the NorthweSt sanee 1863 Editorials King's fruitful search 'King Broadcasting Co.. true to its word. made an earnest effort to find a buyer of its television properties that would carry on King's ,commitment to community sennce,anditappea~ to have found one in the Providence Journal Co. The company is best known for its respected Providence, R.I.. Journal. the oldest major daily newspaper of general circulation in continuous publication in the United States. But it is no neophyte in the broadcasting industry. It has television stations in Tucson. Albuquerque. Louisville and Charlotte. N.C.. as well as major cable-TV operations. The latter have earned the company the industry',s 1991 Distinguished Achievement Award for Programming for outstanding commumty servIce. The Bullitt family, founders of King, will continue to work for the best interests of the greater Seattle area through the newly established Bullitt Foundation, which will use proceeds of the King sale to push environmental and social causes. The foundation is sponsor of the current Oil-Smart Wednesday program. encouraging motorists to conserve gasoline each Wednesday through March. The Bullitts were this area's television pioneers. The Providence Journal Co. promises to be a worthy second- generation successor. e Seattle Post-Intelligencer, Saturday, March 2, 1991 e e ,~ THE SALE 'OF KING BROADCASTING CO. Buyer turns out to be like King's kissing cousin Providence company is family based and solid 8r 8111 V1rs1n P.I Repotter Like its prospective acquisition, the Providence Journal Co. is a longtime family-owned business with a strong regional identity and a solid national reputation, But Providence Journal differs from King Broad. casting Co. in one important respecL King's owners decided to sell to pursue other Interests; the Providence Journal Co. is an expanding media conglomerate whose owners say they're determined to remain independenL Providence Journal. based In Rhode Island, announced yesterday it has signed a tentative al/reemenl to buy King Broadcasting's television stations. two in Washington. two in Idaho and one each in Oregon and /fonolulu. and its four-state cable television system for an undisclosed price. The deal. subject to a delinitive agreement and regulatory approval. doesn't InclUde King's radio stations or video production uniL Stephen Hamblet!, Providence Journal's chairman. said his company isn't interested in gellinll into those businesses. An insider at King Broadcasting said, "'n the course of the last six months we have had dozens and dozens of olTcrs for pieces of the company that were not pursued because the overall intent was to sell it as a whole. We believe we can very quickly go back now with some of the other potential buyers." Hamblell wouldn't say whetber King Broadcast. ing will be boullht in an "assets only" deal. meaning that Providence Journal buys the property and equipment, but doesn't assume responsibility lor employee or supplier contracts. The IWO sislers who conlrol King Broadcasting - Priscilla "Patsy" Bultltt Collins and Harriet Slimson 8ullilt - had hopt'd 10 get at least $500 million for the o'mpirp. huilt by Iho!Jr motho'r, Industry sources said )'csterday the actual purchase price will be 1IIe Providence Joumal Company: What It has. what It'. buying King IroldcnUnglloldlng.1o bl 'cqulred by Pnlvldence Jouftl.,: (l] T.llVlIlo s"Uon: KInG. Seald.; KGW, PorUand; Krem, Spokan.: KlVB. 8olSl; K38AS, Twin Falls. Idaho: KHNL. Honolulu ~,~.',' Ca~l.t.llVlaI~: 13 ~stems with llIOf.lhan n 200.000 subscribers In Washington. Idaho. " Mlnnesola and Call1oml&. King propert'" not IlIClud.d ,.Ule oJ.: Six radio stations, including KING AM and FM In Seald.. Nortllwest Mobile T elevlslon. IIIe IlilioR's largest mobile production company. close to that amount. Providence Journal raised the money for the King acquiaiUon through the ]990 sale of another part of its media holdlnga - cellular telephone properties in North and South Carolina, Georgia and Virginia. GTE Mobile Communicationa Group paid $710 mil/ioll in cash, Forbes magazine estimated the alter.lax proceeds of that sale and existin" cash would give the C<lrnpany at least S500 million to work HoIdlnll 0' Provldenc. Joumll Co.: , N'~"II: Providence Joumal and Bulletin. m Interest III weeklies near Washington. D.C.. and on e wesl coast 0' Florida. n T.levlaloR ...Uon: WHAS.loufsvlll.: WCNC, . CllarIone; KMSB. Tucson; KGSW. Albuquerqu.. I Ca~I. lI'evIsIOl: Colony Communlcallons, 500.000 . subscribers III Rhod. Island, MassaChusetts. New York, florida and Call1ornia DUANE HO!FMANNlP~ with. "They're sitting on an enormous amount of cash." said John Morton. a noted media industry analysL "I think theylre looking (for acquiaitlona) everywhere." Providence Journal Is also getting Onancial assistance from Kelso & Co., a New York investment nrm that will be a silent partner In the KIng Broadcasting deal. King will Join Providence Journal's other hold- Ings, Including the dominant dally in Rhode 'sland. four television stations, and investments In weekly newspapers and cable televlslorL Providence Journal Is a privately held company with an estimated $260 million In annual revenue. The business W81 built on Its Providence newspa. pers - the morning Journ.l. the evening Bulletin and a combined edition on the weekenda. The Journal. founded In 1829, Is the oldest continually published newspaper in the nation, the comp.ny saya. "They have a reputation of publishing a good newspaper," Morton said. The Providence papers have combined circula- tion of about 205,000 in a state that has a population of len than a million. That makes them highly Inlluentlal over affairs of the state. Mark Micheli. managing editor of the Providence Business News. said the papers are generally regarded as providing good senrice. but they draw criticism "like most large dallies that monopolize a market" Providence Journal haa been expanding its basic newspaper business. It holds minority intere~ts in weekly papers In the Washington. D.C., area and on the west coast of Florida. Last year Providence Journal agreed to lend the Lowell (Mass.) Sun $26 million; that loan carries an option to convert the debt to a one-third equity stake In the newspaper. And the company has made an unsuccessful bid for newspapers in Worcester. Mass. The company has diversiOed into television broadcasting and cable systems. An indication of the Imponance Providence Journal is pulling on broad- cast came in the appointment of Trygve Myhren as president and chief operating officer last year. Myhren had been chairman of Time Warner's cable subsidiary, one of the nation's largest cable opera. tor. While Providence Journal has grown by acquir. Ing family-owned companies that could not or didn't want to remain independent, it has taken steps to see the same Illte doesn't befall IL Forbes said the closely held company is structured in such a way that makes the forced sale to In outsider nearly impossible. Providence Journal Co. to buy Ki~g Emplo:yees voice relief to Rhode Island fll1ll By Suun Paynter p~ ,...._ Cnoo Keepi... lis promise. the BulliU r.mlly .,reed yesterd.y 10 llell much or KI", Broadcastin, Co, 10 "a ,ood corporate ciUzen." the Providence Journal Co. "We promised 10 look ror . company th.1 .h.red our values - Inte,rily. COuNay and re.peel; a worthy employer for the Kin, 'ramlly,' who deserv. the beSl' and.,ood corporate cilizen," lIid PriacUla "PalIy" . Bullill Collins. .nnounci... . buyer ror the broadcasti... ,ianl rouoded by her mother, lbe la" Dorothy SUmsoo Bulllll. In 1848, , :The ramily laYS It round those qualities 10 lbe Providence Journal Co. The Rhode Isl.nd-based media company has acreed 10 buy KI...'. .11 TV ltationl and 13 cable l)'llem. ror ao undlaclosed amounl Industry .n.I)'I1I lpeeulate the 1.le wUl be worth about S500 million. Colllnl s.id that while her r.mlly'l tr.dlUon ror communily service round III m.lcb 10 Providence Journ.1 m.....emeol, "il'l b.rdlO lei '0." Her lilter, H.rriel Stimson Bullill. lIid, "11'1 like alvl... .w.y p.rt orth. r.mlly." The lale or KI... Bro.dcalUn, properties won't become nnal unlll . dennite .,reemenl II Ilcned and the comp.nies ,el approv.1 rrom the Federal Communlcalions Commission. n.t could h.ppen by rail. insiden IIY. Proceedl or the' IIle wUl '0 10 the phll.nthroplc Bulllll Found.Uon, whicb elpeelllo use Ihe money 10 lenerate S2 million 10 S3 million a year 10 lpend on cbaritable causes In the Northwell .' "Environment will b.ve a priorlly and II wUl bave a bi, piece or the money th.1 we use evel7 year, but we also h.ve youlh .nd poverty IlIu..," Bullllt sal'keaclion al KING.TV yeslerday WIS reller, not only at the end or the rumor roller COllsler that employees bave ridden In the seven months .Inee Ki... went on sale, bul .tthe buyer. . , "I called all over the country and I hear this II a yery classy oulfll," said veleran reporter Bob Simmons, "They're prelly cosl..onacious but lbat can be said or evel7body in journalism these day.... "TIIis .cquisition will make, us a major player In television .nd cable .nd .Iso "ve us a geo,ra"hic.1 divenily." said Slephen Hamblell. chler elecutive oC e Staltlt 'ost -3nftlligtttttr "'HURSTNIWV~ SATURDAY MORNINC 3S CENTS MARCH 2,1991 King: Sale announced next to historic Stimson-Green Mansion From Page 1 Ihc Providence Journal Co. The SeaUle lelevislon m.rket ranks 14th nallonalll'. The rour lelevision stalions alread owned by Provldenee Journal are WCN - TV In 31sl.ranked Charlolle. N,C,; WHAS.TV in 5Oth.ranked Louis- ville. Ky.; KCSW.TV In 6151. r.nked Albuquerque. N,N,. and KMSB.TV In 81s1-ranked Tuc.on, Ariz, The announcemenl came .1 a lomewhat rolksy press conrerence in the aUlc of the Carri.,. House. tucked next 10 Seatlie'l hi.loric Stimson-Green Man.ion. Nelt 10 the ell)'. unprelen- tlous sl-Ie or the .isten. the new corpora'le ownen from the East Coast appeared slightly uncom- COl1able, Ducking under Ihe .tee... Iy pitched ceilines. the nm'. eleculivel declared their pride III what is. by r.r. their compall1'l biuest broadcIIU", buy, The Providence Journal Co. I.n't illlClre.ted in the radio or the mobile Ielevlalon produclion bUlt- lie.., Collinl lAid, Kin, will con- linue 10 search ror a buyer for III lix radio .tations and Northwest Mobile Televi.lon. Collin. prom- Ised that even IC KING.FM I. sold, the ltalion'l classical rormal will .urvive In Seallle, One Kin, Broadcasting In.lder said .ale 0 Ihe remainin, radio and lelevision produdion proper. t.'Ibe King B ties could proceed vel7 quickly. Hamblell I.id Providence Journal is concenlrating ilS own. enhip on newlpapen. TV .talions and c.ble TV, III new.paper rooll run doe . as do III kelL nown eo ect ve y as e Journal,Bullelin, the Providence p.pen were founded in 1829. The company reportedly re.ped $'110 million euh in Ihe recenl sale of lIS cellular communications hold. i...., Acconll... 10 the med ia ma,.- zlne Electronic Medl.. Ihe Provi- dence Journal Co:. relaUvely 101.11 .i.. does not mean II ill . Im.II.Ume operation. Tbe compa- ny Is reported to h.ve vel7 little debt and to run a well.respected, Itral,hlforward news operalion. Allbouab Hamblell deacrlbed the company II "liberal whell It comea to rree .peeeh Issues and conservative when It come. to nnanee.,.. It did pump needed millions InlO the .truUIi... Ch.r- loue ltation to save III NBC affiUation. MosI Kin, employeel old they'd bave prererred It Ir North- wealernen had bou,hl KING-TV, but no local buyer h.d both money and media elperienee. Arno... Ihe m.ny rumored buyen was Nordslrom. But Simmon. said. "Frankly, I'd r.lher be owned by a damn ,nod newspaper Ib.n Colks with no news experience al all." aale/A10 . The pun;huIng CllIl1I*11I1 an eopandInJJ . .. media c:ongloriierate whoM famIy CIWllefI NY - 'they wanlto IIllIIin i1ll11pe1lC1l1nt. . The BulIlI Foundation II expected to apend _ __ up to $3 mUIion on chlIril8bIe causea in the , PacIlic NorThW8IL ,. BuIIIlI ala18fS say they" honor their mother's . . wishes end pr8S8M c:laaalc:aI music on Seat- tle's IlIdio air waves, e Anchor Mike James cited three Pulitzer Prizes won by Providence Journal's newspapers as roof .'these people are , . , , .'you could be owned by a light bulb company. " Anchor Mike Jamel repeated yesterd.y's most on-uled p,hrase: thai the sale I. a ",nod nl, , cllin, three Pulitzer Prizes won by Prov- Idence Journal's newlpapen al proor "the.e people are Inlo jour- nalllm," Mer .11. Jame. said, "you eould be owned by a Iipt bulb company," J.me. IIld Ihat wa. not a rererenee 10 General Electric, ownen of NBC. Reporter Glenn Farley .poke Cor many KING ltalTen when he said he's "relieved It'l over." or all the poI.lble buyen rumored lince AuCUIl. he said. thi. buyer II Ihe best bec.use, at lellt III Loulaville. "they didn't acrew around wllh the news producl" H.mblell said hil company allows III luhlldlariel "loll or autonomy," or the Providence Journ.1 ex- eculives, Jack ClilTord. the comp.- ny'. vice prelidenl ror broadcIII- In, and cable opera lions. will vis II KING mosl onen. ClilTo"ll said he Is a "hands-on man.ger as op, poled 10 a hands.all...ver one:' He said no decilion on stalT cha...e. bll been made. "Each .tallon II evalu.ted on III own merill." be said, ClilTord said he has looked .t KING'. on.air talenl He said he Is not apt 10 pick up the phone and lell a stallon to take someone he doe.n'tlike 011' the air. 51111, two media obaerven In Louisville called the Providence Journal arrogant in lis handli... or WHAS-TV aner the company look II over In 11186. The company di.missed the staUon'1 ,eneral m.na,er and switched lIS affiU. atlon 10 ABC - aner 40 yean wllh CBS, ClilTord aeknowled,ed yel- terday that Ihe Iwitch a...ered man)' viewen. He said he is not considering. limll.r .hlR here. Louilvllle anchorm.n .11m Amchell, a 12.year WHAS veleran. len the .talion Iwo ye.n later. Admilllng he was hardly unbi- ased. Alilchell eaUed Ihe rompa. ny's managemenl Sl)'le rcmole .nd unlruslworthy, He said that wllh- in a year or bUl'ing Ih,' sial lOn, Ihe Providenre Journal Co, made ma- jor managemenl culbacks, The Louisville stallon pro- uces ew ocumentarles In spe- cial.. lIS only recular local pro- gram is Ihe syndicaled "PM Maguine." 10 which stalions may add local conlent. In conlrasl, KING,TV has been known ror the qu.lily and eneII)' of lIS local proarammin" W HAS led Ihe r.lings in the Loul.vllle markel in both new. and enlertalnmenl when Provi- dence Journal boughl Il Those numben have IUpped, UNCERTAINTIES CAUSED by manacement cha...es al the COI'- porate level and in the news divi.ion al KING.TV In the past two yean m.y wOnlen ir the Ilew ownen don'l undentand local lubtletie., said Bob Brown. media direclor ror McCann.Erickson In Seallle. ''The Bullltt f.mlly knew who Ihey were," Brown IIld, ''Tbey hid an Im.ge and . goal, more than any olher stalion In the markel" He believel a ch.nge In that Image II Inevitable .nd II bound 10 be fell .nd resented by viewen. "Beeaule it workt'd some- where else doesn'l mean It will work here." IIrown .aid. t,.. e e STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT -------------------------------------------------------------- Minnesota Zephyr, Inc. and David Paradeau, COURT FILE NO. Appellants, NOTICE OF APPEAL OF SPECIAL ASSESSMENT vs. City of Stillwater, Minnesota, Respondent -------------------------------------------------------------- TO: CLERK OF THE ABOVE-NAMED COURT, THE CITY OF STILLWATER, AND ITS ATTORNEY, DAVID T. MAGNUSON: tt PLEASE TAKE NOTICE, That Minnesota Zephyr, Inc. and David Paradeau, Appellants herein, hereby appeal to the District Court of Washington County from the adoption on April 16, 1991, by the City Council of the City of stillwater, of an assessment against Parcel No. 9270-2587, legally described on Exhibit "A" attached hereto. Said assessment is for an improvement consisting of sanitary sewer, storm sewer, curb and gutter, street reconstruction, lighting, streetscape, landscaping, beautification, undergrounding of power lines, decorative enhancements and parking lots. Appellants have an interest in said property and are aggrieved by the adoption of said assessment which is in the amount of Fifty-One Thousand six Hundred Forty-Two and 08/100 ($51,642.08) Dollars. e This appeal is on the grounds that such assessment exceeds the benefits to said property, was arbitrarily and unreasonably dete mined, and is affected by other illegality, as will be shown 0 said Court. Appellants did, prior to the assessment hearing on April, 16, 1991, object in writing to the above assessment. Dated: May~, 991. 34051691 \IG-17908\01.APP GREUPNER <::'- P.A. E. Brill, Jr. torneys for Appellan s Suite 1350 100 Washington Square Minneapolis, MN 55401 (612) 339-7131 Attorney Reg. No. 11538 -2- ", e e e FAX NO, 6124390456 a 1.00.06)4'-------'" 7~ 10 -.:<.:sS--7 e ~AY-16-91 THU 11:32 FO CITY OJ:' S'l1L.L.WI~TER CP PT CJF BLOC;'\ ",1 CARI_:J:~SCHUi..Ei...:f.~URG; 53 to'=\DJ.)N & F'T OF GOV lOT 1 S28T30R20 BEING (u'l{u.L, THt:\l' r'T OF Tf~~~C:T 2 (~s !lESe ON CERTIF'" OF TITL,E4l:65 ~m~LrNE:ATr::f.! UF'ON THE MAl::' MAf'~I<ED "EXHI13:r.i E" ATTACHED THERETO-AS SAt"iE J:S I::ECOF.'!lED .tN l'HE O{::"F'ICE 0/::' THr:~ RE:GJ:STI:tAR OF' TITLES OF lvA}3H CO-MN -!lESe r.'~S I::'01...l.: COM A" 'T'H~ nJ1'Er~SF.CT OF' THE !:.L Y 1...1. NE ot=' MAIN ST & 'fHl:. NL't' 1_:rNE: OF '-Al.IP.:r:::~_ S"F~EET-AS $HOW~~ ON THE PI'MAT OF' 'THE OI;::r.GINAL TOWN(NOW CI'Y'Y)OF-u ST:r.LLIt,I;'\T€:/::~ AS AMENDE!:I BY rlYRON SHEPAFW' S F'r~f:- FECTE:n 1::'LAT OJ=' THE c:tl''r' OF 5T:r.LLWA1'E PA'fEP MAY 21-1878 THN N8DE!33.6'08"E ASf~IJMEI) BE:A/~ING ALG i:tII EL Y LINE OF M~\IN S'fREEr ~H:)FT THN S8:J.mi:e:r:.?3t'52"E ALG A LINE HEr(E);NAF'TE1~ REF'ERI~F-rj TO AS "LINE A" lSF'T 1'0 THE PT 01=-- BEG 01::- THlli: I='ARCEL E1EJ.NG [lESe 'rH~i N7t1E:r:; 24' 09"E: 447. "7FT THN HEl.. Y 200/.. 2~FT AU) A NON-TAN&~nIAL CtJRVh~ CONCAVl;: TO THE NW HAV A RATJIUS OF 284..57l::'1' A cr~NTRAL ANG 42DEG07t5011 l:v'f'HE CHORD OF SD CUR'.,JE BEAf\'S N.~~;?'1)e:Ci2<;" I 03J1E THN N:I.:I.!IlE:G2:i10S"E ,()U3 TANGENT :~;:;..93F'T M/ L TO THe.: EL Y LINE OF SD TRACT 2-CE.f'.:r OF' TITLE :l::65-Tl-lN S4!II;:G~S' ':;~~:Jrcw I~U3 SD CLY I_INE 635.471='1' THN SLY :t8..56F'T AI_G t:;n EL. Y LINE ON A TANGE:NTIt',l. CUF;~'v' CONCAVE TO THE E HAV A RADIUS OF 2S"13.93 l~ A CENTRAL ANG O~)DE:G:!2jt i~" TO SD NL Y LINE e)F LAUREL ST THNC S72DE:G5:1. t 06/fW AluG SO NL Y LINE 26. ,t 5 fo'T M/L 'ro A F'T 124FT EL Y AS MEAsur.: ALG SD NI...'f LIN1;: FI~OM S.II EL'f !_INE: Of" MAIN STREET 1'HN 812DI::G12 t 161lW ALG 3D r::L Y L I Nr.~ OF TI:::ACT :2. A In ~rr '28. 69FT l"l/L TO THE: C/L OF' SD LAUREf_ STREET THN S720EG5110611W ALG stJ C/L. 8.lt..2$FT M/L TO THE INTERSECT WIT1-f A l_n~E t1RAWN PAR ~yITH ~3""F'r EL Y (o~s MEASIJF:ED AT RT ANGU'::S OF srJ El_ Y l..INE: OF MAIN ,STI~EI::'r THN NOaI:IE036' 08"1:: r.)t~R W:CTH Stt ELY I_INE S9~36Fl' M/L 1'0 THE: INiERSEC W1TH AN EL_Y PROJECTION OF THE BEFot':;E CITY OF STILLWATER e p, 02 I EXHIBIT A [lESe "I...IN. All THN N8lnEG2.3'5211~\J AU3 8D F'I='\O..JEC' ED LINE 16FT 'ro n.llE: F'T OF' f~<EG F'A 'eEL 3 HrESC t ~ILL THAT F'T OF' TRACT 2 A, trlif.SC ON CI::R'rIF or--. TJ:TL~ ::1:65 ~ r.1/:::L"N[~:/.n'E!1 Ufo'ON THfl Mt~P MARI<EfJ "EXI-l!InT .. ATTACIu\EfJ THl:~I~E'fO AS THE SAI"IE: IS R CORDED :tN 1'1.11:: OPr-ICE: OF' THt::: REGJ:S RAF..: OF' TITLES OF WASH CCJ.- MN- nlE:sc (~ · F'C)LL: COM AT THE !NTEB13EC1' .0\::' THE:: EL '_INE OF' MAIN STRSr:::T t, THE Nt.w Y LINE F twt~Ur~EL, STF~F.:ET AS SHOJ"JN ON THE PLt T OJ:' THE C:lRJ. G:r. NfwlL T014IN (NOW CrTI') STILI J\lA1'ER AS AMEi,Nm::D f~Y t1Yf~aN SHEPARD' s F'EI~FECTED PLAT DI::' THI:: C:r.TY OF' S''rII_LW TER tIATF.:.D MAY 21'-1878 THN Nc1I:ll:::G36 fOliE ASSU11 BEARING A/._C3 sn EL Y t.INl::: F Mr:lt!N STI:'~r~ET 481::'T i'HNC ~381I)E:(j:2~~1 2"1:: leFT n'IN N7nr-::G:Z4....:,J9"E 44'(' . 0'71::'1- 0 A F'T HEF~EINAF..rE!~ Rt::J~'r.':~f~~';z TO. AS "(:"0 'NT A" THN NE)~ Y :;:()<..:)..2S~.T AI_G A NON Tf.,NGENTlAI_ cur~VE CONC(.\'JE', TO THE NW HA'J A r~AD:r us OF' 2~34.. 57FT CEN'n<AL A ~G 4.:mE~G(n" 50" THE: CHOI:;:n OF sri CUR E: BEARS N32t1E:(329' ~X3"E TO ;" r~'1' HEI:::e: 'NI~FTER F~EFr:.RRED. Tel ~s "F'T };{ II THN N:l. DIii:G25 ~ OS ,. E folU3 T(~\NGl:::Nr 35.. 93F'r M/L 0 THE: EI_ Y L1.Nr::: OF' SD TRI~CT 2 --CE:RTIF' or- T:rTLE:Gl:6~ ~ n-u::.: p'r (:)F' tiEG OF' TH PARCEl.., BEING I:IESC THNC S 1 :L DEG~~t:i f ~s II W 35. 9~~FT M/ L 'ro THE f~E:FORE (IE C "F'T E" 1'HN SWL Y AI...G THE: !l\::':FOF~I~ 0 ~ SC 284. 57FT F(ADILJS CURVE 209 . 2~FT TO THE :tIE:Fom:: t1ESC "F'T A" T\-IN N'7DEG24I'091IE NOT T,"lN(3E'~T TO 31:1 CLJf.~ve: 1.:'~ ... ~::;OFl' THN N08DEl,40 f' 21 liE :531.781::''j'' THN NL Y 263. :?3FT (~lL.G I~ T ANOEt<lT! - {_ CLJr~VE CONCA!..'\:! TO THE WEtST HAV A RA.IUS 2914.74 ~ A CENTRAL ANG OF 5DEG:f. i 28" THN N3t~DF..:G28 t 4.6"l:! NOT TANGENT 0 st! CURvr=: 69.:L6FT M/L Tt? SD EI_ Y I... NE OF' Tf~ACT :2 THN SI...Y ~St;.~. 121::'T AL.G SI:I EL Y LCNr;: ON A NCH'J-i't,",NGEN cur-<VE CO Ct~'..IE TO THE W HAV A Rf~lnlJS OF ~BO:L t' 7FT A CENTI:::AL ANG aDEG04" S-4" THE HOI-;::O OF' ~m CUF',~VI:: af.: l'~i:S ~iOOr.IEGt'53 ()1"W THN 8041:11:::[35;';"/ ~~S"W (~\I_G 'f'ANt, NT c., I~U3 srJ EL Y LINE: :I. 7j, .30 FT M/L T THE j:'T OF BI~r.1-SllB..J TO L1T!!- E;:Af:;I:::MENT' f.w SUB") TO f'.:R r~/W CAr~L:r. & 'CHLJLEN.B\Jf~GJ S AtlDN ~ ' :..' e e e f:-t~ S//J-(t? ( e State of Minnesota District Court County of Washington Tenth Judicial District ------------------------~---------------Court File NO. Appelant Del's Lawn and Log Delbert M. Wheeler Michael R. Tobiassen Notice of Appeal VS. Respodent City of Stillwater MN ------------------------------------------------------------ To: Wally Abrahamson Mayor, City of Stillwater, MN Appellants Del's Lawn and Log, Delbert Wheeler and Michael Tobiassen hereby appeal to Washington County Tenth Judicial District Court Pursuant to Minnesota Statute 429.081 (1990) the levy of special assessments by the City of Stillwater, County of Washington Minnesota against real property, the legal discription of which is as follows: e Property Number GEO Number 10691-4970 28-030-20-42-0087 e That part of Lots Three (3) and Four (4), Block Twenty- three (23), Original Plat of the City if Stillwater, described as follows: Beginning at the Southeast corner of said lot 4, thence North along the East line of said lot 4 to the Northeast corner thereof; thence proceeding North along the East line of said Lot 3 a distance of 30 feet; thence proceeding at an interior angle of 90 degrees parallel with the North line of said Lot 4 to the West line of Lot 3, thence proceeding South along the West line of Lot 3 and 4 to the Southwest corner of Lot 4; thense proceeding East along the South line of Lot 4 to the point of beginnning, all according to the recorded plat thereof, together with alII rights reversionary and otherwise in adjoining with alleys, streets and pathways. Subject to (a)any state of facts and conditions that an accurate survey and personal inspection of the premises, would reveal; (b) Easements, conditions, restrictions, reservations and rights of records, building and zoning laws and regulations and taxes and assessments which shall fall due and payable following the date of closing. p.1 The appeal is br ught on the bases that the assment, for local improvment proj ct #257, (adopted 4-16-91). Exceeds the benifit to the proper y and any other legal bases that may be sutible to the appell ts. e Date: May 15, 1991 i~oiL1d~ Michael R. Tobiassen 2349 Driftwood Lane Stillwater, MN 55082 .JQ~~ Delbert M. Wheeler 823 s. 6th St. Brainard, MN e e " -,'-. A"."_~" . .'."" , -'. " : .-,: . ", . " . . ,.1 . . , " . ' . ',', , . , ' -. ," " ' , -' - .' . . . . i,' .' . ~ ' ~'.' , . -/,4..-n~k/V~ 1'353 7 /~ geJ 5:;ILL~~~ ~~ 1/:29 ~97/ 557J e-:2-- . '. . " . .' . '. .,', ....."' . ' ..... .' ~'.' . ~." .:_:. .... ". ..~.,~_:. ,7-. '-,~'<;__':_'~""',\__....<o,.,,,__, . ., ., ." " ',' - . - ,-...... . - ,- . WE REPAIR WRECKED CARS AND MA TCH PAINT, OllearYls Hideaway Autobody 468 Stillwater Road, Building C Willernie, MN 55090 (612) 426-8720 .ijl~ e ESTIMATE OF REPAIRS OWNE" _____./ .~ -- /n/77 / y? '" I /I JA rc::L OJ/'\. 1 ADDussb;>~? 7/.# S-/;/~~~r- YUrt elf/I MA;t.o.t'.p MOJ!<t~/Jrr I L~~30j..7:: INSU"ANCE CA""IE" AOJUSTE PHONE ./1 DAT9" ',// 9 9, ,/.....~-~-- -~ - / Y' J '7 V' Y /~ CAIt LOCATED AT I S"EEDOMETEIt PHONIE MOTO", No. SERIAL No. :epa i r Rep 1 ace DESCRIPTION OF OPERATIONS /-b~A / \ PAINT PAR TS LABOR 119..=< 3 ".<0;: b7 :< , .-;, / /- ./ 7~oo )U'~./ 'r-j :( Co' ~ X AL~'/ /1 A~ L -, ,-- A ~//h/ '/..//I..<? .4',L~ --- .A sL ~, ,7 '-1, I / ~ / ./ )/ JA J 7/ -1 Ul ~I / 7 I Lt\3 OJ- i! / / v U"/ \ / "----/ ""\ e TOTAL ;(~'? 5''1 (p /~1/O ~~~ URED ,YS S INSURANCE Co. PAYS $ REPAIR ORDER No. TOTAL LABOR.......... URANCE CHECK PAYABLE To ! above is an estimate based on our inspectio 1 and does not cover additional parts or )r which may be required after the work has b en opened up. Occasionally, after work started, worn, broken or damaged parts ar discovered which are not evident on t inspection. Quotations on parts and labor re current and subject to change. TOTAL PARTS........... TOTAL PAINT............ IMATE MADE B't A1iutJ/V'lelUJ- (~:>oo W~iHR'seR.I6t.. ,/, 7.2 TAX......................... -r e THORIZATION FOR REPAIR - You are hereby authorized to make the above ~irs to the car described herein. ::>WNER OR AGENT TOTAL OF ESTIMA TE............. &;' 7/ e r illwater ~ - - ~ ~ ------ ~\ ~ THE BIRTHPLACE OF MINNESOTA J May 13th 1991 Permit to use pioneer Park permission is hereby granted to the party(s) named below: John Kramer During the hours of: 5:00PM to 9:00PM on the day of: Friday June 7th 1991 to use Pioneer Park, including exclusive use of the picnic shelter for the purpose of: Picnic 40 people This permit does not include the consumption of alchoholic beverages, for which a separate permit from the City Council is required. e This permit does not grant the permitee excusive use of the entire park. picnickers may use tables outside the shelters. John Kramer 1410 Riverview drive Stillwater Minn. 55082 439-4350 Tim Thomsen ~~~ Park Supervisor (612) 439-4561 e CITY HAll: 216 NORTH FOURTH STillWATER. MINNESOTA 55082 PHONE: 612-439-6121 FYI e ~ illVYater ,~ ~ - ~ TH:-:=IRTH~NNESOT:\ i) May 10th 1991 APPLICATION TO CONSUME Applicant Information Name e.f m~g aY"1 i z at i oY"'__lt.<!.c..Q.s..s..e..::.::.._E.QJIl.ilS:__Re..\!.ll:LQJl_______________________ App 1 i cant Na.me (Fu 11 ) __J:...Q..t..QJi_k9..C.Q.~~e..__________~______________________ St'r"eet A.jd'r~.2ss_1.4.1Q.Q._Q.L~Q_E..<i"-_tl."-___________ B i 'r't h Da.te____________ City__~~~Q~L~____________ State_~tQQ~____________ Zip_~~Ql~_______ Home Phl:IY"le_1~~::..f..~~~_______ l.JO:O'r~k PhoY"le Facility Information Park or facility to be used_~L~~aL~______________ Date to be used_~~~_~~tP__L~~L Time to be u sed3iQ.Q.Q_t..Q.._c..1.Q.12..~______ .1_trI1 be'r~ I) f p'2t"SOl'"lS expect ed ___Q...Q.._P_e_o..lL~e__________________ P'_\'r"pose (s.:.ft ba 11 Q a.me, wedd i Y"lg, et c. ) ...F...a.ro.iJ..y_...R.e_lLUQ.Il.________________ Type of a.ctivityCfuY"ld 'r~aiset~, daY"lciY'lg, music, etc. )__eLc;J.LLG..__________ --------------------------------------------------------------------- Check Appropriate Information _..xxx...___Beer~ to COY'lsl.\me ________Liquor to Consume ________Beer to Sell & Consume ________Liquor to Sell & Consume ________Wine to Consume Wine to Sell & Consume Sec'_lrity Informat ion (Irlte'r~rlal Use Only) Police Officet~ Requi'r'ed by City?_______Yes.J.QCX..___No. Office'r" Rate of Pay $ Mail License To: (If different thaT. applicant) ~---------------------------------------------- ---------------------------------------------- ---------------------------------------------- CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 e illwater ,,~ ,- - ~ T H ;:-1 R T H ~N N E SOT A~\ ~ May 9th 1991 APPLICATION TO CONSUME Applicant Information Name of oq~ an i za t i on__liQ.:I.:...<;;"'Q.I!l.l:2."::=..J~:_~I!l.:l.J.y._IS..~1.!.Il.i.Q.Il._______________________ App 1 i cant Nar:le (Fu 11 ) J~..l.C!..<!L~JiQ.l.~Q.~__________________________________ Sb'eet Addl'~(2SS_~1..Q..~_t!..~1.1.~~J~_~-'~.9...~__________ B i l"t h Da.te____________ City_~~~~~~~___________~_ State wis. Zip _~!<?..fi.~_______ H,:,me Phone_~'!..~_:..~5_~~_______ Wol"k Phone Facility Information Pcl'c--J.( CI)."' f.a,ci 1 i ty tel be usee! Pioneer Park _Date to be used_S_~~.__A_u3_......:}}_t...?_ 91 T ifl1E to be used}_O_:_O_O_~~_~~_~:....~~~:.._ NlJmbel'~ .:of Pl?l"sons ex pect ed_...?j)_...P_e_o..PJ-_e____._______________ Pw'p.:,se (s,:,ft ball gal"lle, wedd i rig, et c. ) j'JlJ,O.j.]...Y__R_e_u_n_i_o_n__yj.s_n_i_c_________ Type of act i vi t Y (furld l'~a i sel'~, d arlc i )'-Ig, ml.!s ic, et c. ) l'J_c..!lJ_c:...___________ --------------------------------------------------------------------- Check Appropriate Information _J.C.xx..___Beer~ to COrtSUflle _..xxx...___I- i q UOr' t c, Cons UfI1 e ________Beer to Sell & Consume ________Liquor to Sell & Consume Wine tc. CorlSUfI1e Wine to Sell & Consume Security Infclrmatil:m(Intel'~nal Use Only) Pc. 1 ice Offi cel" Req ui )'~ed by Ci t y7 _______ Yes. _XXX___No. Office)" Rate of Pc?y $ _Mail License To: (If differeTlt thaT. applicant) CITY HALl: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 ;-y:r: e May 16th 1991 r illwater ~ - -~ THE BIRTHPLACE OF MINNESOTA ~ APPLICATION TO CONSUME Applicant Information Name of ot-g2ni zat i cln_S.t.illR~t.~r._EQQ.t._Qff.;LQ~__________________________ Appl icant Nar:le (Full) _1.Q.r.i_~yr.~Q.______________________________________ Sb-eet Addt.ess_E....Q...._B.QX_6.12.________________ B i t't h Date_8.=2.5=.56.____ C i t Y _S.t.illR~t.~r.___________ State_MiQn~____________ Zip_5.5Q8.2_______ HClmE! Ph one Wm-k PhonE!_4.3..<1=..4.2.3..2._______ Facility Information Pa t. k m' f a.c i 1 it y to be used _...E.l.Q.Qe...e.r......E.ar.k______________ Date tel be used_.[1d.lY._'Lt.Q_L~~L_ Time to be I.tselj_Lf..:...lQ.:e.11_t.Q._!i.;J2QJ~J:L_ ~~umbet. of pet'sons ex pect ed___Q..Q._:e..~QJ2..l..e__________________ PUt-pose (soft ball game, wedd i ng, et c. ) J:.~J~_Lc...Il.Lc..________________ Type of a.ctivity(fund t'aiset., dal',cing, music, etc.)_:e..ts_ll.l~___________ --------------------------------------------------------------------- Check Appropriate Information _--XXX..___Beer' to COl'lsl.trne _..x.x.JC.___L. i q I.tOt. to Cons urn e Beer to Sell & Consume ________Liquor to Sell & Consume ________Wine to Consume Wine to Sell & Consume Secl.trity Informat ion (Il'ltet'l'lal Use Only) PCll ice Offi cet. Req l.lit'ed by Ci t y? _______ Yes. _1CXX.-__Nc.. Goff i cet. Rate ,:.f Pay $ ~Mail License To: (If different than applicant) ---------------------------------------------- ---------------------------------------------- ---------------------------------------------- CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 FyI e r illVYater ~ ,- -- ~' --- ~ THE BIRTHPLACE OF MINNESOTA J May 17th 1991 Permit to use Pioneer Park ':'. permission is hereby granted to the party(s) named below: First Prespyterian Church of Stillwater During the hours of: 10:30AM to 2:00PM on the day of: Sunday June 9th 1991 to use Pioneer Park, including exclusive use of the picnic shelter , ,"- for the purpose of: Church service and picnic 150 people \\ _-This permit does not include the consumption of alchoholic beverages, for which a separate permit from the City Council is required. -'~ ,- tt This permit~does'not grant the permitee excusive entire park. , picnickers may use tables outside the shelters. Mary Dorenbush ,. First Prespyterian 6201 Osgood ave. n. Stillwater Minn. ---.- --...- ~ Church 55082 Tim Thomsen ~~ Park Supervlsor (612) 439-4561 tt CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121