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Home My WebLink About1989-04-04 CC Packet ~ . . . AGENDA STILLWATER CITY COUNCIL April 4, 1989 Regul ar Meeti ng 4:30 P.M. 7:00 P.M. Recessed Meeting 4:30 P.M. AGENDA 1. Continuation of Hearing to determine whether the liquor license of Meister's South Hill Liquor Store should be revoked, suspended or fined for failing to comply with Minnesota Statutes prohibiting the sale of alcoholic beverages to a minor. 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MIIWTES - Regular & Recessed Meetings, March 7, 1989 Special Meeting, March 13, 1989 Regular Meeting, March 21, 1989 PETITIONS, INDIVIDUALS AND DELEGATIONS 1. Ron SchoenBorn - Request permanent barrier to eliminate access from So. Hemlock St. to Lily Lake. STAFF REPORTS 1. Finance Director 4. Comm. Dev. Director 7. Fire Chief . 2. Public Safety 5. Parks & Recreation 8. City Attorney 3. Public Works Dir. 6. Consulting Engineer 9. City Clerk 10. City Coordinator PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a Special Use Permit request for a five guest room Bed & Breakfast located at 626 No. Fourth St. in the iB Duplex Dist., Duane Hubbs, Applicant. Case No. SUP/89-15. Notice of the Hearing was published in the Stillwater Gazette on March 24, 1989 and copies were mailed to affected property owners. 2. This is the day and time for the Public Hearing on a Special Use Permit & Variance request for additional canopy signs and wall sign at 1905 So. Greeley St. (Tom Thumb) in the IP-C Industrial Park - Industrial Dist., Dan Kaufman, Applicant. Case No. SUP/V/89-16. Notice of the Hearing was published in the Stillwater Gazette on March 24, 1989 and copies were mailed to affected property owners. 1 '- 3. This is the day and tim for the Public Hearing on a Variance request to use the second level of a garage for a workshop at 222 W. Cherry St. in the RCM Multi-Family Re idential Dist., Jeffrey Palmer, Applicant. Case No. V/89-19. Notice of the Hear ng was published in the Stillwater Gazette on March 24, 1989 and copi s were mailed to affected property owners. 4. This is the day and tim for the Public Hearing on a Variance request to the rear and sideyard s tback requirements and lot size requirements for the conversion of a sin le family residence to a duplex at 301 W. Myrtle St. in the R(JII Multi-Fal ily Residential Dist., Patrick Mulvehill, Applicant. Case No. V/ 9-20. Notice of the Hear ng was published in the Stillwater Gazette on March 24, 1989 and copi s were mailed to affected property owners. 5. This is the day and tim for the Public Hearing on a request for Preliminary Plat Review to subdivide one lot of approximately 2.7 acres into two lots of 2.07 a d .63 acres located at 14460-14480 No. 60th St. in the IP-C Industrial Pk. Commercial Dist., GDS & Assoc., Applicant. Case No. SUB/89-21. Notice of the Hear ng was publiShed in the Stillwater Gazette on March 24, 1989 and copi s were mailed to affected property owners. 6. This is the day and tim for the Public Hearing on a Special Use Permit request for an electron c repair service at 2103 Schulenberg Alley in the RB Duplex, Bluffland/Sh reland Riverway Dist., Daniel Challeen, Applicant. Case No. SUP/89-22. Notice of the Hear ng was publiShed in the Stillwater Gazette on March 24, 1989 and copi s were mailed to affected property owners. 7. This is the day and tim for the Public Hearing on consideration of an amendment to the Zoning Ordinance changing the General Commercial, CA, Zoning Dist. regulation by changing the CA Dist. to Central Business D1st., CBD, and changin the development regulations for the Dist., City of Stillwater, Applican. Case No. ZAT/89-5. Notice of the Hearlng was published in the Stillwater Gazette on March 24, 1989 and copi s were mailed to affected property owners. 8. . This is the day and tim for the Public Hearing on consideration of a Zoning Ordinance Amendm nt changing the zoning designation of land in the North Main St. area fro lA, General Light Industrial and IB, General Heavy Industrial, to CB , Central Business Dist., City of Stillwater, Applicant. Case No. ZA /89-3. Notice of the Hearing was published in the Stillwater Gazette on March 24, 1989 and copi s were mailed to affected property owners. 9. This is the day and tim for the Public Hearing and possible second reading of an amendment to the Zoning Ordinance, Chapter 31.03, regarding Shoreland and Bluffland Regulations for the St. Croix Riverway Dist. The changes include: (1) re rganization of ordinance, (2) clarification of terminology and process, and (3) changes in regulations consistent with City Comprehensive Plan and Minnesota Dept. of Natural Resources Standards and Criteria. . . . 2 . . . " . Notice of the Hearing was published in the Stillwater Gazette on March 13, 1989. UNFINISHED BUSINESS 1. Resolution Accepting Feasibility Report, Ordering Improvement & Preparation of Plans and Specs. for L.I. No. 255, Sunset Ridge Estates. NEW BUSINESS 1. Consideration of request for individual sewer disposal system - 510 Quarry Lane, Clark Nyberg, applicant. 2. Agreement between City and Community Access Corporation. CONSENT AGENDA 1. Directing Payment of Bills (Resolution No. 8051) 2. Applications (List to be supplied at meeting). 3. St. Michael's Church - request for Beer Permit for festival, June 4, 1989, 11:30 A.M. - 5:30 P.M. 4. St. Michael's Church - request for Charitable Gambling License for festival, June 4, 1989, 11:30 A.M. - 5:30 P.M. 5. Waiver of Garbage & Rubbish Collection Charge - Code No. 12-120. 6. Set Public Hearing for April 18, 1989 - Case No. SUP/89-24, Rivertown Taxi, operation of Taxi Dispatching service at 823 So. 4th St. in the CA, General Commercial Dist., Martin Withuski, Applicant. COMMUNICATIONS/REQUESTS COUNCjL REQUEST ITEMS STAFF REPORTS (Continued) QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT 3 .! . . . ,. REGULAR MEETING STILLWATER CITY COUNCIL MINUTES March 7, 1989 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble (arrived at 4:30 P.M.), Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Attorney Ass't. Ilkka Finance Director Blazek Public Works Director Junker Consulting Engineer Moore Public Safety Director Mawhorter Fire Chief Seim Comm. Dev. Director Russell City Clerk Johnson Press: Sharon Baker, Stillwater Gazette Julie Kink, St.Croix Valley Press Jennifer Tschumper, Chamber of Commerce, Bob Ahmann Others: INDIVIDUALS & DELEGATIONS 1. Chamber of Commerce Request for Use of Parks during 1989 Lumberjack Days Councilmember Opheim introduced Jennifer Tschumper, the new Executive Director of the Stillwater Chamber of Commerce. Ms. Tschumper requested tRe use of the parks for Lumberjack Days July 20 through 23, 1989. Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve the use of Pioneer and Lowell Parks by the Chamber of Commerce for Lumberjack Days, July 20 - 23, 1989. (All in favor). City Attorney Magnuson introduced Richard Ilkka, an attorney who has joined his firm and will be assisting in City matters. STAFF REPORTS 1. Finance Director - No report. 2. Public Safety Director - First Reading of Ordinance Amending Calendar Parking Ordinance Motion by Councilmember Opheim, seconded by Councilmember Bodlovick for a first reading of an amendment to the Calendar Parking Ordinance to exempt So. 4th St., between Pine and Oak Streets from the Calendar Parking Ordinance. (All in favor). 1 ~ ~ Stillwater City Council Minu es Regular Meeting March 7, 1989 . Counci1member Kimble arr"ved at 4:40 P.M. Ratification of First Re ding of Ordinance Amending Abandoned Vehicle Ordlnance Motion by Councilmember Farr 11, seconded by Councilmember Bodlovick to ratify the motion of January 17, 19 9 for a first reading of an ordinance amending the Abandoned Vehicle Ordina ce in regard to towed vehicles. (All in favor). Purchase of Computer for Police Dept. Motion y CounCllmember Farr 11, secon e by Councilmember Bodlovick to approve the purchase of a PS 2 computer for the Police Dept. in the amount of $9,817.00. (All in favor.) Car Telephone for Sergea t's Car Motion y ouncilmember Bodl V1C , seconded by Councilmember Kimble to accept the gift of a car telephone 0 be installed in the Police Sergeant's car. (All in favor). 3. Public Works Director - 4. Community Development Di ector - Council concurred with t e request of Mr. Russell to schedule a Special Meeting on Monday, March 13~ 1989 at 4:00 P.M.~to discuss the Downtown Plan Financing. .~- Request for National Con Motion by Councilmember Farr Comm..Dev. Director Russell' April 29 through May 3 in At (All in favor). 5. City Clerk Request for National Con erence Motion by CounCllmem er Farr 11, seconded by Councilmember Kimble to correct Council decision of February 28 regarding the $500 cap on national conferences for Staff, and approve the a tendance of the City Clerk at a Natll. Clerk's Conference in Halifax, Nova cotia May 21 through 25 at an approximate cost of $875.00. (Ayes -4, Nays - 1 Mayor Abrahamson). erence 11, seconded by Councilmember Kimble request to attend a Natll. Planning anta, Georgia at an approximate cost to approve Conference of $898.00. 6. Parks Director - Attendance at Toro Training School Motion by Councilmember Bodl vlck, seconded by Councilmember Farrell to approve the attendance of fi e members of the Parks Dept. at the Toro Service Training School on April 3, 989 at a total cost of $100.00. (All in favor). 2 . . . . # ~ Stillwater City Council Minutes Regular Meeting March 7, 1989 Purchase of Capital Outlay Items for Parks Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve the Capital Outlay request of the Parks Director for drinking fountains, tennis windscreen and picnic shelter at Lowell Pk. at a cost of $8,800.00; with review of the picnic shelter design to be made by the Downtown Design Review Committee. (All in favor). 7. Fire Chief - Permanent Employment of Firefighter Ron Johnson Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution approving the permanent employment of Firefighter Ron Johnson. (Resolution No. 8035) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None. 8. Consulting Engineer - Highway Utility Accommodation Agreement Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution approving the Highway Utility Accommodation Agreement relating to Federqlly funded projects. (Resolution No. 8036) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Televising of Sewers A report and discussion followed regarding the televising of sewers in the Fairmeadows area. Mr. Moore stated that roots seem to be the problem and suggested that residents occasionally obtain the services of Roto Rooter or a like firm to ream out the services. The discussion also included the pOSSibility of replacing old pipe, manholes and removal of old trees. 9. City Attorney Meister's South Hill Liquor Store Mr. Magnuson reported that the Meister's South Hill Liquor Store has been allegedly selling to minors and suggested a hearing be set to review the charges. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to set the date of March 28,4:30 P.M., for the hearing regarding the South Hill Liquor Store. (All in favor). RECESS Council recessed the meeting at 5:50 P.M. 3 I I I I I Stillwater City Council Minutes Regular Meeting March 7, 1989 Resolutions: No. 8035 - Permanent Employment of Firefighter Ron Johnson. No. 8036 - Utility Accommodation Policy on Highway Right-Of-Way. MAYOR ATTEST: 4 , "- . . . . .. . . . .. It RECESSED MEETING STILLWATER CITY COUNCIL MI NUTES March 7, 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Consulting Engineer Moore Planning Comm. Chair. Fontaine Comm. Dev. Director Russell City Clerk Johnson Press: Sharon Baker, Stillwater Gazette Julie Kink, St.Croix Valley Press Others: Jim Blichfeldt, Mark Vierling, Don Granquist, Jack Evert, Richard Ernst, Robert Troyer, Mike McGuire, Bob Ahmann, Mark Kemper, Robert Flotten, Jeff Lundeen, Bob Brackey, Mark Desch. APPROVAL OF MINUTES"'--'-_o Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the February 14; 1989 minutes as corrected by adding the City Coordinator's salary on pg. 3; and the February 21, 1989 Regular and Recessed Minutes as presented. (All in favor). PETITIONS, INDIVIDUALS AND DELEGATIONS 1. Lynn Munson, Stillwater Rotary Club and Scott Manning, Rotary Exchange Student from South Africa. Mr. Lynn Munson, representing the Stillwater Rotary Club, introduced Scott Manning, a Rotary Exchange Student from South Africa. 2. Mark Vierling - Discussion of Granquist property. Mr. Vierling, representing Mr. Granquist, was present to discuss the condemnation of the Granquist property. Mr. Vierling indicated that it appeared that the acquisition of the property would not be possible without condemnation. Mr. Kriesel said that it was his understanding that Mr. Johnson (Oak Glen, Inc.) had agreed to sell the property if certain conditions were met and that Mr. Kriesel was confident that a purchase agreement could be worked out between all parties. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick directing City Staff to work with Mark Vierling, attorney for the Granquist's, in 1 # . . . .. Stillwater City Council Minutes Recessed Meeting March 7, 1989 developing an agreement for the Granquist access issue for the April 4 meeting. (All in favor). 3. Jack Evert - Selection of Charter Commission Mr. Evert was present to explain the Charter for appointments to the Charter Commission. of the Charter Commission. Members. Commission recommendation He also explained the duties Motion by Councilmember Opheim, seconded by Councilmember Farrell to adopt the appropriate resolution appointing John R. Tunheim, Cherie L. Berett and W. Scott Keller to the Stillwater Charter Commission; and reappointing Thomas Farrell to the Charter Commission. (Resolution No. 8037) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 4. Martin Withuski, Rivertown Taxi - Request for Taxi License. This item was continued until the March 21, 1989 meeting. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a request for a Variance to the front yard setback requirements for addition of steps to St. Mary's Church located at 407 So. .5thSt. in.the RCMMult;,..Family._ residential Dist., Robert Eardley~ Applicant. Case No. V/89-9. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. M~. Russell explained the request for the variance to extend the front steps to the church and noted that the addition would not affect pedestrian traffic or appearance of the site. Mayor Abrahamson closed the public hearing. .. . Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to approve the request for a Variance to the front yard setback requirements for addition of steps to St. Mary.s Church located at 407 So. 5th St., Case No. V/89-9. (All in favor). 2. This is the day and time for the Public Hearing on a Compo Plan Amendment approval expanding the City Compo Plan boundary by adding 7.0 acres of land designated Single Family Residential, RA located south & east of intersection of Eagle Ridge Tr. & Neal Ave., City of Stillwater, Applicant. Case No. CPA/89-1. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. 2 Stillwater City Council Minu es Recessed Meeting March 7, 1989 Mr. Russell explained th background of the annexation of this parcel of land and the need to ame d the City Comprehensive Plan. Mr. Fontaine stated the Planning Commission approved this request unanimously. Mayor Abrahamson closed the pu lic hearing. Motion by Councilmember Farr 11, seconded by Councilmember Opheim to adopt the appropriate resolution a ending the Comprehensive Plan by adding 7.0 acres to the City boundaries locat d south & east of the intersection of Eagle Ridge Tr. & Neal Ave., Case No. CP /89-1. (Resolution No. 8038) Aye.s - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 3. This is the day and time for the Public Hearing on a request for approval of a Zoning Ordinance Ma Amendment designating 7.0 acres of land RA, Single Family Residential, 10,000 sq. ft/D.U. located south & east of intersection of Eagle Ri ge Tr. & Neal Ave., City of Stillwater, Applicant. Case No. ZAM/89-1. Notice of the Heari g was published in the Stillwater Gazette on February 24, 1989 and co ies were mailed to affected property owners. Mr. Russell stated the r quest is to designate this area Single Family, R-A. Mr. Fontaine state the Planning Commission unanimously approved the request .~Ma:Y6r Abrahams n closed the publ i c--hear.'hg..------- --.-~- Motion by Councilmember-Sodl vick, seconded by Councilmember Kimble for a first reading of an ordinanc amending the Zoning Ordinance designating 7.0 acres of land RA, Single Family Residential, 10,000 Sq.Ft. D.U. located south & eas~ of the intersection 0 Eagle Ridge Tr. & Neal Ave., Case No. ZAM/89-1. (All in favor). 4. This is the day and time for the Public Hearing on a request for approval of a Preliminary Plat fo 19 lot Single Family Subd. on 7.0 acres of land located south and east 0 intersection of Eagle Ridge Tr. & Neal Ave. in the RA, Single Family Re idential Dist., Slichfeldt Builders, Applicant. Case No. SUB/89-7. Notice of the Heari g was published in the Stillwater Gazette on February 24, 1989 and co ies were mailed to affected property owners. Mr. Russell presented ba kground on the subdivision plan. Mark Kemper, representing Mr. Blichfeldt, requested approval of some building permits for model homes before t e streets and utilities are installed. City Engineer Moore requested no occupancy permits be issued before the streets are completed. Mayor Ab ahamson closed the public hearing. It was also suggested, after reviewi g the Engineer's Feasibility Study, that Mr. Slichfeldt accept the co t of the improvements and sign a waiver of public 3 " , . -~---_.-. - . " . Stillwater City Council Minutes Recessed Meeting March 7, 1989 hearing for the improvements in order to proceed in a timely fashion. Mr. Blichfeldt agreed. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the request for Preliminary Plat for a 19 lot Single Family Subd. on 7 acres of land located south & east of intersection of Eagle Ridge Tr. & Neal Ave. in the RA, Single Family Residential Dist., as conditioned and allowing 3 building permits to be issued for model homes before streets & utilities are completed; directing the City Attorney to prepare a Development Agreement; and a waiver of public hearing for public improvements to be signed by the Developer; Blichfeldt Builders, Applicant. Case No. SUB/89-7. (All in favor). . 5. This is the day and time for the Public Hearing on a request for a Preliminary & Final plat approval to subdivide a one acre lot into two lots of approximately 22,500 sq. ft. each located at 1605 No. 2nd St. in the RA, Single Family Residential Dist., Robert Flotten, Applicant. Case No. SUB/89-10. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. Mr. Russell explained the request and Mr. Flotten was present to answer any questi ons. Mr. Fontai ne stated the Pl anni ng Commi ssion unanimousl y approved the request. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution approving the request for Preliminary & Final Plat to subdivide a one acre lot into two lots located at 1605 No. 2nd St., subject to approval by the Comm. Dev. Director and City Attorney; Robert Flotten, Applicant. Case No. SUB/89-10. (Resolution No. 8045) Ayes - Councilmanbers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 6. This is the day and time for the Public Hearing on a request for a Preliminary & Final Plat approval to subdivide an existing 2.39 acre lot into two lots of .93 acres and 1.46 acres located at 1819 No. 4th St. in RA, Single Family Residential Dist., Robert Troyer, Applicant. Case No. SUB/89-11. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. Mr. Russel' stated the lot split is consistent with the Comprehensive Plan and zoning density lot size requirements. The Planning Commission approved the request. Mayor Abrahamson closed the public hearing. . 4 Stillwater City Council Minut s Recessed Meeting March 7, 1989 Motion by Councilmember Kimbl , seconded by Councilmember Opheim to adopt the appropriate resolution ap roving the request for Preliminary & Final Plat to subdivide a 2.39 acre lot Onto two lots located at 1819 No. 4th St., as condit i oned and subject to ap rova 1 by the Comm. Dev. Di rector and City Attorney; Robert Troyer, Appl.cant. Case No. SUB/89-11. (Resolution No. 8046) Ayes - Councilmembers Bodlovi k, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 7. This is the day and time or the Public Hearing on a request for a Special Use Permit for a commerci 1 recreational use (Billiard Hall) located in Industrial Pk. Comm. Dist., IP-C at 14470 No. 60th St. (Surplus Warehouse Bldg.), Jeff Lundeen, App icant. Case No. SUP/89-12. Notice of the Hearin was published in the Stillwater Gazette on February 24, 1989 and cop"es were mailed to affected property owners. Mr. Russell stated the ap licant is proposing to use a portion of the Warehouse Market for a bi liard hall and will include video games and vending machines. No alc holic beverages will be served. Parking requirements were discuss d and a sign plan was submitted. Mr. Fontaine stated the Planning Commi sion was concerned with potential problems within and without the po 1 hall and suggested that adequate lighting be provided. Mayor Abrahams n closed the public hearing.--- - Motion by 'Councilmember Bodlo ick, seconded by Councilmember Kimble to approve the request for a Special Use Permit for a Billiard Hall to be located at 14470 No. 60th St. (Surplus W rehouse Bldg.) as conditioned; Jeff Lundeen, Applicant. Case No. SUP/89-1. (All in. favor).. 8. This is the day and time or the Public Hearing on a request for a Design Permit & Special Use Perm"t for construction of a 15,000 sq. ft. office building at 319 No. Main t., located in the Heavy, IB, Industrial Dist. (Arrow Bldg. site), Mike cGuire, Applicant. Case No. DP/SUP/89-13. Notice of the Hearin was published in the Stillwater Gazette on February 24, 1989 and cop"es were mailed to affected property owners. Mr. Russell presented bac ground on this request and explained the Design Permit uses Downtown Desi n guidelines. This request meets the floodplain conditions. Mr. Fontaine stated the Planning Commimssion felt this was a good use for the property Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimbl , seconded by Councilmember Opheim to approve the request for a Design Perm"t & Special Use Permit for construction of a 15,000 sq. ft. office buildin at 319 No. Main St. (Arrow Bldg. site) as conditioned; Mike McGuire, Ap licant. Case No. DP/SUP/89-13. (All in favor). 5 .. . .------ - . . . . Stillwater City Council Minutes Recessed Meeting March 7, 1989 Council recessed for five minutes and reconvened at 8:30 P.M. 9. This is the day and time for the Public Hearing on a request for a Variance to the sideyard and rearyard setback requirements for a garage located at 1225 So. 2nd St. in the RB Duplex Residential Dist., James Weber, Applicant. Case No. V/89-1. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. Mr. Weber was not present at the meeting. Mr. Russell explained construction was started and discovered before the applicant applied for a building permit. The garage could not be reconstructed, so Mr. Weber rebuilt it. A variance is required because of setback requirements. Mr. Weber is required to pay double building permit fees because he failed to obtain a building permit before constructing the garage. Mr. Fontaine felt the public should be educated regarding building permits. Mayor Abrahamson closed the public hearing. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to approve the request for a Variance to sideyard & rearyard setback requirements for a garage located at 1225 So. 2nd St. in the RB Duplex Residential Dist. as conditioned; Jim Weber, Applicant. Case No. V/89-1. (All in favor). 10. This is the day and time for the Public Hearing on a request for a Variance to rearyard setback requirements (20 ft. proposed, 30 ft. required) for construction of a 13,716 sq. ft. retail center located at 2000 Washington Ave. in the Industrial Pk. Comm. Dist., IP-C., R. C. Ernst, Applicant. Case No. V/89-14. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. Mr. Russell stated the request is for rearyard setback requirements for construction of a commercial center because the rear lot line is irregular. Mr. Fontaine stated the Planning Commission was concerned with the design. Mr. Ernst is willing to cooperate with the conditions. Mayor Abrahamson closed the public hearing. A discussion of rearyard setbacks on new buildings followed with the statement that there should be no need to make allowances for new buildings. Motion by Councilmember Kimble, seconded by Councilmember Opheim to approve the request for a Variance to rearyard setback requirements for construction of a 13,716 sq. ft. retail center located at 2000 Washington Ave. as conditioned; R.C. Ernst, Applicant. Case No. V/89-14. (Ayes - 4; Nays - 1, Councilmember Farrell). 6 Stillwater City Council Recessed Meeting March 7, 1989 11. This is the day and time or the Public Hearing on Compo Plan Amendment approval adding 11.0 acre of land, located east of Panama Ave. & south of 62nd St. to the City Compo Plan boundary & designate such land government buildings & open space bu fer, City of Stillwater, Applicant. Case No. CPA/89-3. Notice of the Hearin was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. Mr. Russell explained thi request involved land recently detached from Oak Park Heights and anne ed to the City of Stillwater in order to enlarge the Washington County' Gov rnment Center. A discussion followed regarding population figures as det rmined by the Metropolitan Council. Mayor Abrahamson closed the pub ic hearing. Motion by Councilmember Farre 1, seconded by Councilmember Kimble to adopt the appropriate resolution am nding the Comprehensive Plan by adding 11.0 acres to the City boundaries ocated east of Panama Ave. & south of 62nd St. & designate such land governmen buildings & open space buffer, City of Stillwater, Applicant. Case o. CPA/89-3. (Resolution No. 8039). . Ayes - Councilmembers Bodlovi k, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 12. This is the day and time or the Public Hearing on a request for approval of a Zoning Ordinance Map Amendment to consider changing Chap.31, Subd. 5 of Zoning Ordinance zonin 11.0 acres of land RA Single Family Residential located east of Panama Av . & south of 62nd St., City of Stillwater, Applicant. Case No. ZAM/ 9-2. Notice of the Hearin was published in the Stillwater Gazette on February 24, 1989 and cop.es were mailed to affected property owners. Mr. Russell explained thi request related to the previous one in that to implement the Comprehensi e Plan, it is recommended that the area be zoned Single Family Residential, R-A similar to the surrounding area and allows government buildings with a Special Use Permit. Mayor Abrahamson closed the public hearing. . Motion by Councilmember Bodlo ick, seconded by Councilmember Farrell for a first reading of an ordinance amending the Zoning Ordinance designating 11.0 acres of land RA, Single Family Residential, located east of Panama Ave. & south of 62nd St., City of St.llwater, Applicant. Case No. ZAM/89-2. (All in favor). 13. This is the day and time for the Public Hearing on Compo Plan Amendment approval adding 6.9 acres of land to the City Compo Plan boundary & 7 . . . . Stillwater City Council Minutes Recessed Meeting March 7, 1989 designating the land Single Family Residential, RA located west of Co. Rd. #5 & north of 62nd St., City of Stillwater, Applicant. Case No. CPA/89-2. Notice of the Hearing was published in the Stillwater Gazette on February 24, 1989 and copies were mailed to affected property owners. Mr. Russell explained this area should be included in the Comprehensive Plan boundaries for the City and designated Single Family Residential. Further study will be made of the zoning. Mayor Abrahamson closed the public hearing. Motion by Councilmember Ophe.im, seconded by Council member Kimble to adopt the appropriate resolution amending the Comprehensive Plan by adding 6.9 acres to the City boundaries located west of Co. Rd. #5 & north of 62nd St., City of Stillwater, Applicant. Case No. CPA/89-2. (Resolution No. 8040) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None UNFINISHED BUSINESS 1. Report on L.I. 251, Forest Hills/Highway 36 Frontage Rd. Improvements. Mr. Kriesel reported that waivers were received from all but four parties, one being the Parlay Group. Mr. Ernst, of the Parlay Group, had stated he will be filing his waiver soon. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to proceed with approving plans & specs and ordering advertisement for bids for L.I. 251, Forest Hills/Highway 36 Frontage Rd. improvements if the waiver of Irreg~larity and Appeal of Assessments is signed by the majority of property owners. (All in favor). NEW BUSINESS 1. Adoption of Resolution for Funding of Street Construction in Minnesota. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt the appropriate resolution regarding funding for street construction in Minnesota. (Resolution No. 8043) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Resolution employing David Reichow as Firefighter. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to adopt the appropriate resolution employing David Reichow as Firefighter and as conditi oned under the Memorandum of Understandi ng for Employment. (Reso 1 uti on No. 8042) 8 Stillwater City Council Minut~s Recessed Meeting March 7, 1989 . Ayes - Councilmembers Bodlovi k, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None CONSENT AGENDA Motion by Councilmember Kimbl:!, seconded by Councilmember Farrell to approve the Consent Agenda of March 7, 1989, including the following: (All in favor) 1. Directing Payment of Bills (Resolution No. 8034) Ayes - Councllmembers BodloVl:k~ Farrell, Klmble, Opheim and Mayor Abrahamson. Nays - None 2. Contractors Licenses. Acton Construction, Inc. 2209 Phelps Rd., P.O. Box 75 Hugo, Mn. 55038 T. Hedberg Builders 14320 Partridge Street Anoka, Mn. 55303 General Contractor New General Contractor New North Woods Const. of Twin ities 12145 Kenyon Ct. Blaine, Mn. 55434 3. Request for Banner - St. ichael's Church, May 15 - June 5, 1989. General Contractor New .- COMMUNICATIONS/REQUESTS 1. Nina Archabal, State Hist BrJdge for nomination to Motion by Councilmember Ophei sending a letter of support t Register of Historic Places. Mayor Abrahamson). STAFF REPORTS (Continued) City Coordinator Douglas Jahnke Hearing Mr. Kriesel reported that requested a hearing to th from his property. Counci hearing for 5:30 P.M., Ma Preserv. Officer - Consideration of Stillwater ational Register of Historic Places. , seconded by Councilmember Farrell to authorize include the Stillwater Bridge in the National (Ayes - 3; Nays - 2, Councilmember Bodlovick & Douglas Jahnke, 1022 No. Second St., has "Notice of Policell intent to remove vehicles concurred with the recommendation to set the ch 28, 1989. Further discussion follow d regarding a City Newsletter; City Clean-up days which will be April 9 and 30, May 5 and 7, 1989, with Downtown Clean-up to be May 6; rec mmendation for Sewer Maintenance Worker to be 9 . . . . , Stillwater City Council Minutes Recessed Meeting March 7, 1989 made at next meeting; the possibility of the St. Croix Boat & Packet Co. payment for cost of moving docks; and the Metro Council forecast of population figures for the City of Stillwater. City Attorney Mr. Magnuson reported there is no hazardous waste on the Runk property and outlined the procedures for buying the property. Motion by Councilmember Farrell, seconded by Councilmember Kimble to adopt the appropriate resolution authorizing the purchase of the Runk property. (Resolution No. 8044) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Public Hearing - Bluffland/Shoreland Ordinance Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to delay the public hearing on the BlufflandjShoreland Ordinance to April 4, 1989. (All in favor). City Clerk Council directed the Planning Commission to review the plan for the proposed park at No. Owens St. and McKusick Rd. before the informational hearing on March 21, 1989. COUNCIL REQUEST ITEMS Council discussed the legislative meetings to be held on March 29. Al~o discussed was the area of the new park on No. Owens/McKusick Rd./Laurel St. and the suggestion for a traffic study and the need for lighting. ADJOURNMENT Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adjourn the meeting at 9:30 P.M. (All in favor). Resolutions: No. 8034 - Directing Payment of Bills. No. 8037 - Appointing Members to the Charter Commission. No. 8038 - Amending Compo Plan by adding 7 acres to City southeast of Eagle Ridge & Neal Ave. No. 8039 - Amending Compo Plan by adding 11 acres east of Panama Ave. & south of 62nd St. No. 8040 - Amending Compo Plan for land west of Co. Rd. 5 & north of 62nd St. 10 , Stillwater City Council Minutes Recessed Meeting March 7, 1989 . No. 8042 - Employ David Reich w as Firefighter. No. 8043 - Funding for Street Construction in State of Minnesota. No. 8044 - Approving Purchase of Runk Property. No. 8045 - Approve Prelim. & Final Plat for Robert Flotten, 1605 No. 2nd St. No. 8046 - Approve Prelim. & Final Plat for Robert Troyer, 1819 No. 4th St. MAYOR ATTEST: CITY LERK . 11 . . SPECIAL MEETING STILLWATER CITY COUNCIL MINUTES March 13, 1989 4:30 p.m. The Meeting was called to order by Mayor Abrahamson. Present: Counci1members Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Blazek Comm. Dev. Dir. Russell Consulting Engineer Moore Recording Secretary Schaubach Press: Julie Kink, st. Croix Valley Press DOWNTOWN PLAN FINANCING . Finance Director Blazek presented a financing plan for implementing the Downtown Plan. Total project costs were reduced by eliminating several special projects which could be completed at a later date. The net project cost is estimated at $6,023,540. Funding sources were identified with a total amount of $6,023,540 available for the project. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to set April 11, 1989 at 7:00 p.m. for an informational hearing on the financing plan and to notify downtown property owners. (All in favor) Motion by Councilmember Opheim, seconded by Councilmember Farrell to make an attempt to televise the informational meeting on April 11. ( All in favor) DOWNTOWN SPRING CLEANUP Community Development Director Russell informed Council of the Downtown Cleanup Day scheduled for Saturday, May 6, 1989. Motion by Councilmember Farrell, seconded by Counci1member Opheim to authorize the use of up to $2,000 for the Downtown Spring Cleanup. (All in favor) COPIES OF DOWNTOWN PLAN . Motion by Councilmember Opheim, seconded by Councilmember Farrell to provide a free copy of the Downtown Plan to the Chamber of Commerce office, the Library, City Hall and any other key public locations, to the Council, the Planning Commission, and the 1 stillwater City Counci Minutes Special Meeting March 13, 1989 . Downtown Plan Steering Committee; all others requesting a copy of the Plan will be charg d $10. (All in favor) CIGARETTE LICENSE Motion by Councilmem er Farrell, seconded by Bodlovick to approve the request for a cigarette Pizza + Ribs. (All in favor) Councilmember license for CLAIM AGAINST CITY Motion by Councilme ber Opheim, seconded by Bodlovick to submit the claim of Audrey Luhrs insurance company. (A 1 in favor) Councilmember to the City's SETTLEMENT OF ONGOING AWSUIT Motion by Councilmembe Opheim, seconded by Councilmember Farrell to accept the settlem nt proposal to pay $2,000 in the ongoing lawsui t aga.inst the i ty by c. W. Houle Construct ion (Oak Glen Development - L.r. 184). (All in favor) ESTABLISHMENT OF . Ie DEVELOPMENT AUTHORITY Motion Farrell reading Economic by Councilme er BodlovicK, seconded by Councilmember to direct the City Attorney to prepare for a first of an Ordinance establishing the City Council as an Development uthority. (All in favor) ADJOURNMENT Motion by Councilme ber Farrell, seconded Bodlovick to adjourn he meeting at 5:40 p.m. by Councilmember (All in favor) MAYOR ATTEST: CITY LERK Submitted by: . Shelly Schaubach Recording secretary . . . ~ REGULAR MEETING STILLWATER CITY COUNCIL MINUTES March 21, 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Kimble, Opheim, and Mayor Abrahamson. Absent: None Also Present: City Coordinator Kriesel Ass't. City Attorney Illka Public Works Director Junker Consulting Engineer Moore Public Safety Director Mawhorter R. J. Blekum Fire Chief Seim Comm. Dev. Director Russell City Clerk Johnson Press: Sharon Baker, Stillwater Gazette John Gilstrom, St.Croix Valley Press Others: Jim Gannon, Bob & Karen Raleigh, Mr. Burnett, Joan Traver, Lloyd Ackert, Dennis McKean, Maury Andrewsen, Dick Ernst, Jack Jewell, Martin Withuski, Rollie Crawford (representing Bob Brackey), Sid Strong (Town Taxi), Mary Jo Boyle, Richard & Jean Rainer. APPROVAL OF MINUTES Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the minutes of the Special Meeting of February 28, 1989 as presented. (All in favor). INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Application for Towing License - B & A Towing, Gordy Alexander. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the application for a Towing License for B & A Towing, Gordy Alexander, applicant. (All in favor). 2. Application for Taxi License - Rivertown Taxi, Martin Withuski. The request for a Taxi License for Rivertown Taxi was. tabled until 7:30 P.M. 3. Request to run trolley car in downtown & removal of two parking meters for loadinr and unloading of passengers - Bob Raleigh, Raleigh Lines. Mr. Ra eigh was present to explain his proposal to run a trackless trolley in the downtown area. He added, he is not proposing to remove two parking 1 . . . Stillwater City Council Minutes Regular Meeting March 21, 1989 meters at this time. He is working with Bob Sabes of the Freighthouse and planning to put a ticket booth on his property. This would be a year- round operation and will be used to promote tourism. Council and Staff discussion involved whether a taxi license is necessary and possible planning approval of the ticket booth. Motion by Councilmember Kimble, seconded by Councilmember Farrell to give concept approval to the request from Bob Raleigh to run a trackless trolley car in the downtown area . (All in favor). Council directed Mr. Raleigh to refer his plan to the Planning Commission for Special Use Permit approval. 4. Request for use of Lowell Park for May & Oct. art festivals; also request for banners on Main St. to publicize these events - Joan Traver. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to grant approval for the use of Lowell Park for art festivals to be held on May 20 and 21 and Oct. 7 and 8, 1989; also to allow a banner to be erected on Main St. approximately three weeks before the festivals for advertising the events. (All in favor). Parks Director Blekum requested that the Arts Festivals do not use the area north of the Bridge to Myrtle Street. They concurred. STAFF REPORTS 1. Public Works Director Purchase of Locks for Lift Stations Motion by Councilmember Farrell, seconded by Councilmember Kimble to approve the p~rchase of high security locks for all lift stations at a cost of $1,128.00. (All in favor). Scrap Iron 8id Motion by Councilmember Kimble, seconded by Councilmember Farrell to award the bid for scrap iron to Lawrence Rumpf in the amount of $25.00. (All in favor). Advertise for Bids for Truck & Loader Motion by Counctlmember Farrell, seconded by Councilmember Kimble to authorize the Public Works Dept. to advertise for bids for a new truck and loader. (All in favor). Installation of Streetlights Motion by Counctlmember Bodlovick, seconded by Councilmember Kimble to approve the installation of two new streetlights on Owens Street near Laurel Street. (All in favor). 2 Stillwater City Council Minules Regular Meeting March 21, 1989 . 2. Fire Chief American Heat Program Motion by Councilmember Ophe"m, seconded by Councilmember Kimble to authorize the purchase of the American Heat Tape Training Program at a cost of $650.00 for the Fire Dept. from dona ed funds. (All in favor). Nomex Jumpsuits Motion by Councilmember Bodl vick, seconded by Councilmember Farrell to authorize the purchase of No ex jumpsuits for the Fire Dept. in the amount of $3,293.00 from donated funds. (All in favor). Council thanked the Elks, Eagles, American Legion, their auxiliaries and other groups who have donated funds for these purposes. 3. Parks Director Award of Bid - Tractor Motion y Councilmember Bo the appropriate resolution for the Parks Dept. to Polf (Resolution No. 8048) Part-time Seasonal Empl yees Motion by Councilmember Kim le, seconded by Councilmember Bodlovick to set salaries of part-time seaso al help at $6.00/hr. and authorize advertisement for employment of summer help for the Parks Dept. (All in favor). . Attachments lovick, seconded by Councilmember Farrell to adopt arding the bid for a new tractor and attachments s Implement, Inc. in the amount of $19,225. Ayes - Councilmembers Bodlo Nays - None Farrell, Kimble, Opheim and Mayor Abrahamson. .. Permit to Consume - Cen ral Labor Union Motion by Councilmember Far ell, seconde y Councilmember Kimble to authorize a Beer Permit for the Centr 1 Labor Union picnic on June 22, 1989 at Pioneer Park. (All in favor). 4. have returned their Waivers Rollie Crawford, repres nting Bob Brackey, stated Mr. Brackey wants to reaffirm his interest i having the project approved. Richard Ernst, 14393 St Croix Tr. No., Marine, explained his position that being, he believes the School District property should be assessed fully as they are. Mr. Ernst has reduced his assessment by $11,000. 3 . . . . Stillwater City Council Minutes Regular Meeting March 21, 1989 Discussion followed on how the developers were assessed. Staff stated waivers have been received for 90% of the project and assessments could probably De sustained on the rest of the project. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to adopt the appropriate resolution approving plans and specifications and ordering advertisement for bids for Local Improvement No. 251 for the Forest Hills Frontage Improvements. (Resolution No. 8041) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None Council noted they would proceed with the project if 90% of the waivers were received from developers. INDIVIDUALS & DELEGATIONS (Continued) 2. Application for Taxi License - Rivertown Taxi, Martin Withuski. City Clerk Johnson noted that Mr. Withuski needs to have two cars inspected by the Police Dept. and submit an insurance certificate to the City. Comm. Dev. Director Russell stated that the property being proposed for a taxi office may possibly need a Special Use Permit and review by the Planning Commission. . Sid Strong~ representing Town Taxi, stated they were asked to come to Stillwater to run a taxi business when the City did not have one. Also, Mr. Withuski was not licensed by the State to deliver packages. Council aavised Mr. Strong that they do not issue exclusive taxi licenses. Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to approve a Taxi License for Martin Withuski, Rivertown Taxi contingent on police inspection of two cars, background investigation of drivers, and submission of insurance. (All in favor). A short Council discussion followed regarding having all these items in place before being submitted to Council. It was noted that financing may be difficult to obtain if the City does not first issue the license. PUBLIC HEARINGS ,) 1. This is the day and time for the informational hearing on the proposed park and parking lot to be located at the intersection of No. Owens St. and McKusick Rd. Notice of the hearing was published in the Stillwater Gazette on March 10, 1989 and mailed to affected property owners. 4 Sti llwater City Regular Meeting March 21, 1989 . Mr. Russell stated the lanning Commission reviewed the request and commented on a buffer f r the parking from Owens and McKusick and providing landscaping a d access to the lake. Another man asked who plows the sidewalk and stated it has not been done. Mr. Blekum stated the P rks crew clean sidewalks in front of parks. the property; i.e. parking, play area Mr. Blekum explained th and landscaping. A gentlemen expressed the cost of the canoe four-wheelers going out on the ice and Mary Jo Boyle, a resident in the area, said she is pleased with the park and asked if there will e an assessment. Council stated it is being financed through a fund that is already in place. Richard and Jean Rainer, owners of North Hill Video, stated there are parking problems in the rea and will appreciate the parking. They further stated people ab se the IS-minute parking place in front of their store. Mr. Blekum stated it wou d be late summer or early fall before the park is completed. Jim Gannon commented on arge trucks parking there and blacktopping the parking area. . Ms. Boyle commented on c ildren running across Owens St. to the park and asked for more traffic c ntrol. Mayor Abrahamson closed he public hearing. Councilmember Farrell su gested the City be consistent in financing for parking -- the businessm n in the area of this park will benefit from the parking being provided a d perhaps the City should consider assessing them a portion of the costs a the businessmen in the downtown will be assessed for their parking. Jim Gannon stated he wou d be disadvantaged because now, without the park and parking, he has unli ited parking. Motion by Councilmember Kimb e, seconded by Councilmember Opheim directing the Parks Dept. to proceed with he park on No. Owens St. and McKusick Rd., with the parking lot to be starte as soon as feasible. (Ayes - 4, Nays 1; Counc;lmember Farrell.) 5 . . . . - Stillwater City Council Minutes Regular Meeting' March 21, 1989 Further discussion followed regarding the parking issue and a ban against motors on McKus i ck Lake. UNFINISHED BUSINESS 1. Vacation of Browns Creek Easement. John Jewell, representing the Board of Water Commissioners, stated this is not an easement, but a deed acquired by the Water Dept. for the purpose of using surface water. He suggested no action be taken for disposing of this property until more study has been done. A deed cannot be given away, it has to be appraised and sold. Discussion followed as to whether this is a deed or an easement and the procedure to follow. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell directing Staff to notify Mr. Joseph Lee that the City is not interested in vacating the Browns Creek Easement at this time until further study is made. (All in favor) . Council recessed for five minutes and reconvened at 9:00 P.M. INDIVIDUALS & DELEGATIONS. (continued) 5. Lloyd Ackert - Blue Bell Ice Cream Mr. Ackert was present to request exclusive use of the parks for a concessions stand to sell food products. Council discussion followed wherein it was stated that the Park and Recreation Commission has strongly stated they do not want private peddlers having exclusive use of the City ~arks. Also, they are competing with the businesses in the downtown area near Lowell Park. It was suggested that this be referred to the Park and Recreation Commission for recommendation. Motion by Councilmember Opheim, seconded by Councilmember Kimble for a first reading of an ordinance amending the Peddler1s Ordinance relating to use of City parks for concession purposes. (All in favor). Motion by Councilmember Farrell, seconded by Councilmember Bodlovick that the request of Lloyd Ackert, representing Blue Bell Ice Cream, to operate concession services at Lily Lake Park and Lowell Park for the 1989 season, be referred to the Parks and Recreation Commission for their recommendation. (All in favor.) UNFINISHED BUSINESS (continued) 6 Stillwater City Council Minu es Regular Meeting March 21, 1989 . 2. Possible reconsideration of request for a modification of Development Concept and Plat for the Greens Townhomes on Oak Glen Secon & Third A ltlons. Motion by Councilmember Farr 11, seconded by Councilmember Bod10vick to reintroduce and approve the equest for Preliminary Final Plat Approval for The Greens Townhomes on Oak len, Second & Third Additions - 27 Townhouse lots located north of McKusick Rd. at McKusick Rd. Lane No. in the Oak Glen PUD, as conditioned, The Greens Development Co., Applicant, Case No. SUB/89-17. (All in favor). 3. Letter and Resolution supporting nomination of Stillwater Bridge for National Register of His oric Places. Motion by Councilmember Klmb e, seconde by Councilmember Farrell to adopt the appropriate resolution endorsing the nomination of the Stillwater Bridge to the National Register of istoric Places. (Resolution No. 8049) Ayes - Councilmembers Farrell, Kimble and Opheim. Nays - Mayor Abrahamson and Counci1member Bodlovick. 4. Possible second reading of ordinance regarding Workers Compensation for Elected Officials. Motion by Councilmember Farrell, seconded by Counci1member Bodlovick for a second reading and enactment of an Ordinance regarding Workers Compensation for Elected Officials. (Ordinance No. 697) . Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 5. Possible second reading of ordinance amending the Abandoned Vehicle Ordinance regardlng towe cars. Motion y Councilmem er Klmble, seconded by Counci1member Farrell for a second reading and enactment of an Ordinance amending the Abandoned Vehicle Ordinance regarding towed cars. (Ordinance No. 698) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 6. Possible second readin of ordinance exempting 4th St. between Pine & Oak treets rom the Par lng Or lnance. Motion y Councilmember Bo lovick, seconded by Councilmember Opheim for a second reading and enactment of an Ordinance exempting 4th St. between Pine & Oak Streets from the Parking Ordinance. (Ordinance No. 699) Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 7 . . Stillwater City Council Minutes Regular Meeting March 21, 1989 7. Possible first reading of ordinance establishing an Economic Development Authority. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a first reading of an ordinance, by title, establishing an Economic Development Authority. (All in favor). Council discussion ensued regarding the duties of an Economic Development Authority and directed that a Workshop be scheduled April 11, 1989 at 4:30 P.M. 8. Possible second reading of an ordinance amending the City Zoning Code by designating seven acres of land RA, Single Family Residential, located south & east of Intersection of Eagle Ridge Tr. & Neal Ave. (ZAM/89-1) Motion by Councilmember Bodlovick, seconded by Councilmember Farrell for a second reading and enactment of an Ordinance amending the City Zoning Code by designating seven acres of land RA, Single Family Residential, located south & east of intersection of Eagle Ridge Tr. & Neal Ave. (Ordinance No. 700) . Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 9. Possible second reading of an ordinance amending the City Zoning Code by designating eleven acres of land RA, Single Family Residential, located east of Panama Ave. & south of 62nd St. (ZAM/89-2) Motion by Councilmember Farrell, seconded by Councilmember Bodlovick for a . second reading and enactment of an Ordinance amending the City Zoning Code by designating eleven acres of land RA, Single Family Residential, located east of Panama Ave. & south of 62nd St. (Ordinance No. 701) . Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None NEW BUSINESS 1. Review of request for Billiard Hall and required parking in existing structure located at 201 No. 2nd St. (Conn Co Bldg.) in the General Commercial Dist., CA Dist., Rocket Billiards, Applicant. Public Safety Director Mawhorter asked for time to review this application in regard to traffic congestion and other problems. Mr. Russell stated it is already a permitted use, but a review should be made of the parking requirements by the Planning Commission and Council. Motion by Councilmember Kimble, seconded by Councilmember Farrell to refer the request of Rocket Billiards for a billiard hall in a structure located at 201 No. 2nd St. (Old Conn Co Shoe Bldg.) to the Planning Commission and City Engineer for study and recommendation. (All in favor). . 8 Stillwater City Council Min tes Regular Meeting March 21, 1989 . CONSENT AGENDA Motion by Councilmember Kim le, seconded by Councilmember Bodlovick to approve the Consent Agenda of May 2 , 1989 including the following: (All in favor). 1. Directing Payment of Bi ls. (Resolution No. 8047) Ayes - Councilmembers Bodlo ick, Farrell, Kimble, Opheim and Mayor Abrahamson. Nays - None 2. Contractors. Licenses. A & B Construction 13452 Goodview Ave. No. Hugo, Mn. 55038 Excavators New Acme Companies, Inc. 12575 Keller Ave. Hugo, Mn. 55038 General Contractor Renewal Brentwood Cabinets 954 Oakdale Ave. West St. Paul, Mn. 551 8 Richard Lodge 1404 Meadowlark Drive Stillwater, Mn. 55082 General Contractor New General Contractor Renewal . Walter LaRoche 14760 Scandia Tr. No. Scandia, Mn. 55073 General Contractor Renewal Western Remodelers, Inc. 2520 W. Larpenteur St. Paul, Mn. 55113 General Contractor Renewal 3. Set Public Hearing Date of April 4, 1989 for the following Planning Cases: a. Case No. ZAM/89-3 - Zoning Ordinance Amendment changing the zoning designation of land in the No. Main St. area from lA, General Light Industrial & IB, Ge eral Heavy Industrial to CBD, Central Business Dist., City of Stillwater, Applicant. b. Case No. ZAT/89-5 - Zoning Ordinance Amendment changing the General Commercial, CA, Zoning Dist. regulations by changing the CA Dist. to Central Business Di t., CBD, and changing the development regulations for the Dist., City of Stillwater, Applicant. c. Case No. SUP/89-15 Special Use Permit request for a 5-guest room Bed & Breakfast located at 626 No. 4th St. in the RB Duplex Dist., Duane Hubbs, Applicant. 9 . . Stillwater City Council Minutes Regular Meeting March 21, 1989 d. Case No. SUP/V/89-16 - Special Use Permit & Variance request for additional canopy signs & wall sign at 1905 So. Greeley St. in the IP-C Industrial Pk.-Industrial Dist., Dan Kaufman, Applicant. e. Case No. V/89-19 - Variance request to use the second level of a garage for a work shop at 222 W. Cherry St. in the RCM Multi-Family Residential Dist., Jeffrey Palmer, Applicant. f. Case No. SUP/V/89-20 - Variance Request to rear & sideyard setback requirements and lot size requirements for the conversion of a single family residence to a duplex at 301 W. Myrtle St. located in the RCM Multi-Family Residential Dist., Patrick Mulvehill, Applicant. g. Case No. SUB/89-21 - Preliminary Plat review to subdivide one lot into two lots located at 14460-14480 No. 60th St. in the IP-C Indus.Pk.Comm. Dist., GDS & Assoc., Applicant. h. Case No. SUP/89-22 - Special Use Permit request for an electronic repair service at 2103 Schulenberg Alley in the RB Duplex, Bluffland/Shoreland Riverway Dist., Daniel Challeen, Applicant. . STAFF REPORTS (Continued) Sewer Maintenance Worker Mr. Kriesel reported on the progress of employment of a sewer maintenance worker and that some of the applicants are taking tests for their license. This process will take approximately four weeks. Building Permit Fees for Washington Co. Gov1t. Center Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to accept Building Official Zepper's recommendation to contract with Washington Co. for permit fees and inspections of the Washington Co. Courthouse addition. (All in favor). . Setting Price of Downtown Design Manual Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize the charge of $5.00 for copies of the Downtown Design Manual; to place copies in the Library, Chamber of Commerce Office, City Hall and other key public locations. (An in favor). Attendance at Planning Conference Motion by Councilmember Opheim, seconded by Councilmember Farrell to authorize attendance of Planning Comm. Member Glenna Bealka and Planning Ass't. Ann Terwedo at a Planning Seminar on April 6 and 7 at a cost of $60.00 per person. (All in favor). .' Feasibility Study - L.I. 255, Sunset Ridge Estates Mr. Moore presented the Feasibility Study for this project, stating that Mr. Blichfeldt will waive the public hearing in order to proceed with the project. The project is located east of Neal Ave. and south of Oak Glen and the total cost is $174,785 or $9,200 per lot. . 10 Stillwater City Council Minu es Regular Meeting . March 21,1989 Motion by Councilmember Bodl vick, seconded by Councilmember Farrell to accept the Feasibility Study to obtain a Waiver of Irregularity & Appeal and sign Development Agreement f r L.I. 255, Sunset Ridge Estates. (All in f av or) . ADJOURNMENT Motion by Councilmember Bodl vick, seconded by Councilmember Farrell to adjourn the meeting at 10:00 P.M. (All in favor). Resolutions: No. 8047 - Directing Payment of Bills No. 8048 - Award of Bid for arks tractor to Polfus Implement, Inc. No. 8049 - Supporting nomina i9n of Stillwater Bridge to National Register of Historic Places. Ordinances No. 697 - Workman's Compensa ion for Elected Officials. No. 698 - Amending Abandoned Vehicle Ordinance. No. 699 - Amending Parking 0 dinance. No. 700 - Amending Zoning Co e regarding land adjacent to Neal Ave. & Eagle Ridge Tr. No. 701 - Amending Zoning Co e regarding land adjacent to Panama & 62nd St. . MAYOR ATTEST: CITY LERK 11 . Ron Schoenborn 514 S Hemlock .Stillwater, MN 55082 Mayor Wallace Abrahamson & Council Members Clty of Stlllwater 216 N 4th St Stillwater, MN 55082 March 29, 1989 Dear Mayor Abrahamson: We request that a permanent barrier be put up to eliminate auto access from South Hemlock Street to Lily Lake because Hemlock, a 241 street, is not improved for auto access causing erosion and traffic hazards for residents along Hemlock. The pictures show the erosion problem. .Winter access to the lake would still be available at the east end of the lake where an improved launch ramp is located. Kids could still fish from the Hemlock right-of-way or launch canoes during summer months. Your apsistance in this matter would appreciated. ?7re), /...b I~~t~ Ron Schoenborn 514 S Hemlock ..~ &-f-<'/VYVLQrrV ~!t141&U- Steve Russell 1417 W Pine Bessie Bebermeyer 502 S Hemlock . vy] IlJcJC- ~ , 'f . . . " .' '.. ...:',' ~ ... .' ...' ........: :. .- . . ..-. ........" .' - -. . , . '.' ~ .... ';, .::." ~~ . . . ~ . - ...-".. . ....... . . . .~, ..._,.;..._~.._--,-_._--~... - _~---;r--;~/-/-'~"~" 7;'L- 4lfftl~t)v \ .- .--- co G). @ . DAVID MAWHORTER PUBLIC SAFETY DIRECTOR POLICE CHIEF ilIYYater "~ -.....: -- Ii'. THE BIRTHPLACE OF MINNESOTA . J GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RAN DUM TO: ~YOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE: MARCH 31, 1989 RE: DIRECTION REGARDING NON COMPLIANCE ON THE PART OF TOWN TAXI I r,eed yc''-n~ directi,:.r. regcn~dirlg the menK' attached f...~c.m Sgt. Begerg about Town Taxi~s non compliance with the requirements of the taxi Ii cer.se. . I will be available at the Council meeting for discussion . Fi")rm 209' Q;5k STW-l 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612-439.1314 or 612-439-1336 Fire Phone: 612-439-6120 i1lwater .. T E IIIHHPLACE OF MINNESOTA . ATER POLICE DEPARTMENT DAVID MAWHORTER Chief of Police EMERGENCY TELEPHONE: 911 SUBJECT: Chie f MaWhor?!!ler Sgt. Beberg Town Taxi (Taxi icen e revocation) TO: FROM: DATE: 033189 Due to the fact that the above ments of this City I request th right to operate in Stillwater. our City Clerk and there have b directed people from Town Taxi checks. None have been done. which stated that they had made March 25th. No one from the ta driver license checks. (I had 20th reguarding checking the ta not hear from anyone from the b I have observed 3 different car checked. I also have seen seve either. I have not seen a Cert proper insurance. usiness has not responded at all to the licensing require- t this be taken before the City Council to revoke their There has been written communications between them and en phone conversations also where the City Clerk had o contact me for taxi inspection and taxi driver license e City Clerk had a recent letter from the taxi company arrangements with me to get-this done on Saturday, i company came foreward for the taxi inspection or taxi phone call from someone from Town Taxi the week of March is and drivers on the week-end of March 25/26 but I did siness again and still have not as of this date.) operating in Stillwater and none of them have been al different drivers and none of them have been checked ficate of Insurance so it is unknown if they have the . We need: a) Taxi Inspections b) Taxi Driver License Checks c) Certificate of Insu ance . 212 North Fourth Street, Stillwater, Minnesota 55082 Ph ne: 612-439-1314 or 612439-1336 qp . gown gaxi ~()mfzQlTb!l 1. P. O. BOX 14784 2812 UNIVERSITY AVE. S.E. MINNEAPOLIS, MINNESOTA 55414 PHONE: 331-1151 ~ M./\2(:I:: "":.n .. ,-, .-, ,-. t~_';RY LOU JOHNSON CITY OF S~ILLWATER 21.6 NORTH FOURTH STI~~WA~~R. MN 550~~ AS PER OUR CONVERSATION OF 3-20-89, ~1E:E :-:ODESIC:': E-:A:= ~~ADE A~.; APPOINTMENT WITH SGT. SE3ERG TO r;.r,??E>:T T:-.:E C/a.?2 BY 2.':": T:-:AT .Co.?E CURRENTLY OPERATING IN STILLWATER. ENCLOSED IS A RATE CARD THAT STATES T:-:E ?ATES WE A?E ::-:A~]:~S. THANK YOU . {} /} 1?Z.. I ( / S" ~..-...' :1'.:\ ~: /-:.1 ~ ~ - / '" ....... -- -------.----.-SI~ S72c.r.rG 23:-::!.51. CAB NO. OWNER IR A T E S $ 1.25 1ST 1/12 MILE 1 0 e :~~nional 1/12 MILE 1 0 e each 25 seconds ADDITIONAL WAITING TIME Department of Licenses Weights and Measures _ECEJPT'MAY BE REQUESTED . . . STAFF REQUEST ITEM DEPARTMENT _2~~bl~_E8E~IY_=_2Qbl~~______ MEETING DATE _82Blb_1~_1~~~_ DESCRIPTION OF REQUEST (Briefly outline what the request is) 8-B~9~~EI_EQB_8~I~QBl~BIlQ~_IQ_8~~~BIlE~_EQB_I~B~~_~~~_2BBI_Il~~_____ QEEl~~BE~__I~.!E_~lbb_~Bl~~__I~~_28BI_Il~~_EQB~~_~2_IQ_~~8I_IE_8bbQ~~Q ~Y_~Q~~~lb~__________________________________________________________ --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------~------------------------------------------------ --------------------------------------------------------------------- ---.------------------------------------------------------------------ --------------------------------------------------------------------- --------------------------------------------------------------------- -------------------------------------------------------------------- FINANCIAL IMPACT (Briefly outline associated with. this request and needed to fund the request) the costs, if any, that are the proposed source of the funds ~~Q~~I~Q_EQB~________________________________________________________ --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- ADDITIONAL INFORMATION ATTACHED YES NO ~~~ ALL COUNCIL REQUEST ITEMS ~~EI BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLA ED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY ~~ DATE ~8B~~_Jl~_1~~~_ . . . RESOLUTION NO. 8052 RECEIVING FEASIBILITY REPORT AND ORDERING HEARING ON IMPROVEMENT L.I. NO. 253, THIRD ST. AND ORLEANS ST. WHEREAS, pursuant to resolution of the Council adopted December 6, 1988, a report has been prepared by Short-Elliott-Hendrickson, Inc., Consulting Engineers with reference to the improvement of Third St. south from Orleans St. to Walnut St.; and Orleans St. from Fourth Ave. to Third St. So., and this report was received by Council on April 4, 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes 429 at an estimated total cost of the improvement of $ 2. A public hearing shall be held on such proposed improvement on the day of , 1989 in the Council Chambers of the City Hall at 7:00 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by Council this 4th day of April, 1989. MAYOR ATTEST: CTIY CLERK . @ iIlwater '~ ~ THE BIRTHPLACE OF MINNESOTA - DAVID MAWHORTER PUBLIC SAFETY DIREGrOR POLICE CHIEF GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE TO: Dave Mawhorter, Public Safety Director FR: Gordon Seim, Fire Chief DA: . 3-30-89 RE: Township Fire Contracts Dave, I will be requesting permission from the Mayor and City Council to meet with Stillwater, May and Grant Townships to discuss thier fire contracts. This discussion would pertain to contract price increases and hazardous . material incidents. This will be at the Tuesday, April 4th meeting. ;d~ / . Form 2091 O.sk Srw.l 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612.439-1314 or 612.439-1336 Fire Phone: 612.439-6120 t':i__. :~~-" FIRE PROTECTION CONTRACT . THIS AGREEMENT, made this 2nd day of May 1988, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called the "City", and the TOWNSHIP OF STILLWATER, an incorporated governmental subdivision of the County of Washington, hereinafter, called the "Town ". WITNESSETH, that the City and the Town, for the consideration hereinafter specified, agree as follows: ARTICLE I The City agrees that from and after May 1, 1988, and until April 30, 1989, it will upon notification of the existence and location of any fire in the Town and upon request for assistance in the extinguishment of same, with reasonable dispatch provide two units of motorized firefighting appartatus, one of which shall be a water transport, suitable for use in the protection of life and property against loss by fire in rural areas each manned by an operator competent and capable of utilizing such apparatus and equipment in an . efficient workmanlike manner. Additional men and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the City Fire Department. The use of additional men of the City Fire Department shall be left to the sole discretion of the City Fire Chief, or his duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ARTICLE II The Town agrees to pay the City in current funds for the performance of this contract, the sum of Fifty Thousand and Nine Hundred and Sixty-five and No/Hundreths Dollars ($50,965.00), said sum to be payable one-half on or or before July 31, 1988 and one-half on or before December 31, 1988. ARTICLE III The operation, management and control of the men and equipment provided by the . City hereunder shall at all times be under the charge and direction of the . ;. . City Fire Chief, or his duly authorized agent; and it is expressly agreed and understood that the City shall not be liable in damages for injuries to the person or property of other directly or indirectly resulting from the operation of the City equipment or from acts of omissions of City officers and employees or their agents, negligent or otherwise, while engaged in the performance of this contract. ARTICLE IV . Under no circumstances shall the City be obligated to respond to any request for assistance made as hereinbefore prescribed, when in sole discretion of the 'City Fire Chief, or his duly authorized agent, anyone of the following conditions exists; (1) when necessary men and equipment are engaged in combating fire within the City or elsewhere; and (2) when road or weather conditions are such as to constitute an unusual hazard; and if while City men and equipment are engaged in the performance of this contract, a fire should occur within the corporate limits of the City, the Fire Chief or his duly authorized agent, may in his sole judgment and discretion withdra~ all or a portion of such men and equipment from the performance of this contract for the purpose of responding to the fire within the City. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first above written, and the same shall be equally binding on each of the parties, their successors and assigns. CITY OF STILLWATER, MINNESOTA By /1&1- alz.aj tz-mut~ - II Mayor Attest lll~ ~pJC:>>-~.../ l City Cler~ TOWNSHIP By . Clerk I!< --~-.;. --., . FIRE PROTECTION CONTRACT THIS AGREEMENT, made this 2nd day of May 1988, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called the "City", and the TOWNSHIP OF GK'ANT, an incorporated governmental subdivision of the County of Washington, hereinafter, called the "Town ". WITNESSETH, that the City an~ the Town, for the consideration hereinafter specified, agree as follows: ARTICLE I . The City agrees that from and after May 1, 1988, and until April 30, 1989, it will upon notification of the existence and location of any.fire in the Town and upon request for assistance in the extinguishment of same, with reasonable dispatch provide two units of motorized firefighting appartatus, one or which shall be a water transport, suitable for use in the protection of life and property against loss by fire in rural areas each manned by an operator competent and capable of utilizing such apparatus and equipment in an efficient workmanlike mann'er. Additional men and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the City Fire Department. The use of additional men of the City Fire Department shall be left to the sole discretion of the City Fire Chief, or his . duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ART! CLE II The Town agrees to pay the City in current funds for the performance of this contract, the sum of Sixty Thousand and Eight Hundred and Eighty-Nine and No/Hundreths Dollars ($60,889.00), said sum to be payable one-half on or or before July 31, 1988 and one-half on or before December 31, 1988. ART! CLE I rr . The operation, management and control of the men and equipment provided by the City hereunder shall at all times be under the charge and direction of the . . . City Fire Chief, or his duly authorized agent; and it is expressly agreed and uriderstood that the City shall not be liable in damages for injuries to the person or property of other directly or indirectly resulting from the operation of the City equipment or from acts of omissions of City officers and employees or their agents, negligent or otherwise, wQile engaged in th~- performance of this contract. ARTICLE IV Under no circumstances shall the City be obligated to respond to any request for assistance made as hereinbefore prescribed, when in sole discretion of the City Fire Chief, or his duly authorized agent, anyone of the following conditions exists; (1) when necessary meil and equipment are eng.aged in combating fire within the City or elsewhere; and (2) when road or weather conditions are such as to constitute an unusual hazard; and if while City men and equipment are engaged in the performance of this contract, a fire should occur within the corporate limits of the City, the Fire Chief or his duly authorized agent, may in his .sole judgment and discretion withdraw all or a port.ion of such men and equipment from the performance of .this contract for the purpose of responding to the fire within the City. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first above written, and the same shall be equally binding on each of the parties, their successors and ass igns. CITY ~.F) STI;LWATER, MINNESOTA . By l'Cd~ (lha/<a_k?'L- , Mayor . 0- Attest J ~Lfl-r....-~ ,~_ Z'L Cit,-A_..>i....:..~. -v'_ I City Clerk / v TOWNSHIP OF GRANT d By zI~f? ?:~~ ( ~ ~/n ATTEST~l-~vf~~ Clerk . TOWN of GRANT Stillwater, Minnesota 55082 . July 14, 19$8 City of Stillwater 216 IJo. 4th Street Stillwater, ~~. 55082 Gentlemen: Enclosed is the signed fire contract between Grant Township and the City of Stillwater. . This contract was accepted and signed, vrith objectio~ to the e~~remely high increase each year ~~thout E:~lanatior. as to why. This amolli~t has to be budgeted in advancs, and was not anticipated. S. , Hlcfre-,-y, ." ,\1Iw~AL~ Sheila S. Davis Clerk . Sheila S. Davis. Clerk 3715 Briarwood Avenue Mahtomedi. Minnesota 55115 (612) 426-3383 . . . -~ ~.,- FIRE PROTECTION CONTRACT THIS AGREEMENT, made this 2nd day of May 1988, by and between the City of Stillwater, a municipal corporation of Washington County, Minnesota, hereinafter called the "City", and the TOWNSHIP OF MAY, an incorporated governmental subdivision of the County of Washington, hereinafter, called the "Town" . WITNESSETH, that the City and the Town, for the consideration hereinafter specified, agree as follows: ARTICLE I The City agrees that from and after May 1, 1988, and until April 30, 1989, it will upon notification of the existence and location of any fire in the Town and upon request for assistance tn the extinguishment of same, with reasonable dispatch provide two units of motorized firefighting appartatus, one of which shall be a water transport, suitable for use in the protection of life and property against loss by fire in rural areas each manned by an operator competent and capable of utilizing such apparatus and equipment in an efficient workmanlike manner. Additional men and equipment shall be used where necessary and practicable, taking into consideration all of the demands being made upon the City Fire Department. The use of additional men of the City Fire Department shall be left to the sole discretion of the City Fire Chief, or his . duly authorized agent, whose judgment in any particular instance shall be final and conclusive. ART! CLE II The Town agrees to pay the City in current funds for the performance of this contract, the sum of Twenty nine Thousand and One Hundred and Sixty-six and No/Hundreths Dollars ($29,166.00), said sum to be payable one-half on or or before July 31, 1988 and one-half on or before December 31, 1988. ARTICLE III The operation, management and control of the men and equipment provided by the City hereunder shall at all times be under the charge and direction of the .. . . . !I"-.. City Fire Chief, or his duly authorized agent; and it is expressly agreed and understood that the City shall not be liable in damages for injuries to the person or property of other directly or indirectly resulting from the operation of the City equipment or from acts of omissions of City officers and employees or their agents, negligent or otherwise, while engaged in the performance of this contract. ARTICLE IV Under no circumstances shall the City be obligated to respond to any request for assistance made as hereinbefore prescribed, when in sole discretion of the City Fire Chief, or his dUly authorized agent, anyone of the following conditions exists; (1) when necessary men and equipment are engaged in combating fire within the City or elsewhere; and (2) when road or weather conditions are such as to constitute an unusual hazard; and if while City men and equipment are engaged in the performance of this contract, a fire should occur within the corporate limits of the City, the Fire Chief or his duly authorized agent, may in his sale judgment and discretion withdraw all or a portion of such men and equipment from the performance of this contract for the purpose of responding to the fire within the City. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first above written, and the same shall be equally binding on each of the parties, their successors and assigns. CITY~JSTILLWATER, MINNESOTA By d/alt ~4~ Mayor . Attest n!~ ~.!.dJ.C(~lvl....~_~..../ I City Clert./ TOWNSHIP OF MAY BY~ /) ~/L /. I"Chairman ATTEST ~~~ ~.. ()ls Cle ~ .. . . . " PLANNING APPLICATION REVIEW CASE NO. SUP/89-15 Planning Commission Meeting: March 13, 1989 Project Location: 626 North Fourth Street Comprehensive Plan District: Single Family/Duplex Zoning District: R-B Duplex Applicant's Name: Duane Hubbs Type of Application: Special Use Permit Project Description: Five guest room Bed and Breakfast. Discussion: The request if for a five guest room Bed and Breakfast. The residence is over 100 years old and on the National Register of Historic Places. The site is in the RB Duplex Residential District as required by the Zoning Ordinance. The application requests permission for use of one guest room at this time with-- additional rooms to be added at a later date. A one room Bed and Breakfast was previously approved for the structure. The site plan shows adequate on-site parking for the guests and owners..--------------------- ------------ Several conditions of approval are recommended consistent with the City's Bed and Breakfast Ordinance. Recom~endation: Approval as conditioned. Attachment: Application. Conditions of Approval. Pl anning Commiss,i.on RecoJ11l1lendati.on : Approval as"cQndiJi.oned. . . . CONDITIONS OF APPROVAL CASE NO.SUP/89-15 1. The owner of the residence shall live on-site and be the manager of the Bed and Breakfast. 2. Before use as a Bed and Breakfast, the building and cooking facilities shall be approved by the County Health Officer, Fire Marshall and City Building Official and a Letter of Occupancy received by the Community Development Director. (This may be done in stages as rooms are available for guests.) 3. One parking space for each guest room shall be set aside and marked "FOR GUESTS ONLY". Additional spaces are available for owners use as shown on the site plan. 4. If provided, dining facilities shall be available to registered guests only (not available to the general public). 5. No liquor shall be sold on premises. 6. One four square foot sign is allowed on-site consistent with the architectural cha~acter of the building. 7~ Adequate pedestrian scale lighting shall be provided between the Inn and parking area. 8. No general external lighting of the site that may impact the surrounding residential area is allowed. 9. The Spec; al Use Permit is not transferable, new property owners or m~nagers shall require a new Special Use Permit. 10. The Bed and Breakfast use permit shall be reviewed before the Planning Commission and City Council for revocation, if complaints regarding the Bed and Breakfast use are received by the Community Development Director. loa - ~ - ..:l'::".,::~:=-"''' ~". ... . . . .... Case Number ~j.J..z;.li.:.:-~l. f c.d 6-ij ~ , .. ee . CI __~___________ D .. f.' d J,J- C iO/ fq e,a ue Jt.-"-,-':..I--'---f--- -4" .._.'::.~.:~"._"' .: .~. t __. ......', 'PLANNING AD lv\I N! STRATIVE FO Rl'v\ .. .... . . -: .;, .... -::.~..... - . ~.,: ~:':;"'. '.:~ .: ~-:...' Street Location of Property: 626 North Fourth Street ------------------------------------------ . . o. ".__... _: ;~..:: .._~:.:.~..:.~:.:. "----. .. L 1 D ... ".on 0': P"oC'ler"y See reverse side of this form . aga OSC,lpd "..' : ---------------------------------------- Cwn er: Name ___!2y!~~_1<_.Y.l\~..T_H_lL_li~&~~----------------------------- Address _2~2_~2.!.!E_X..9_~_t._~_s_t._~~~t_____ Phone: __'L:tQ..:.~~~~_____ Ap'plicent (if other then oWJler): Name ----~----.".-----------~--..:------- Type or Recuast.- , , Address ____________.____~_____________ PhoJle: _______.________. . ~. .::'-'f"'-.:,,:; ........_ '..;; .. I~.. ~ ..,;,;"::.:;'; ..~ ~~ ....:.: . '-._ .. .. . .._ .. ....: . .:: _00-.. To l "-: i .u.: ... _- . ":'..-- --- --:-: "':'"'-:--:--.-:::::7'~';-::::'~:;'~-:-~' - . ___ Rezoning . :.- .... ....~__/Approval ~f PreliminaryPlct..~..~2::.:;_;;.~~~~6~ ~_ Special Usa Permit \:..:.._ Approval of Final Plat. ::-...:-- :"~<:'-:-~~~;::'. V ariancs .:.__ Other ---------.:-~-~--...-- .i. . ~'- . --.;.r..- . '.." ....-. ._... .. ......,.. . C.:s:~i ptio ~ of Requ est: ~rgJ?.!l.u.1__t1>_ :2.'!.:-\!.i!.~!!~~!!_.tj.Y.!....J'.!'2j~._i'!.LL.~r!~j; fa st. ~-------------------------------------~~~~~~---:~~~~------------ -~'-. ..... ~.' ~~t~. : :. ----------------------------~------------~-. -~.7_~~~:--~---;;;;:/~~~~~- - --' d. o . -. - -'. Signa~u~e o~'-;p'p-l~'~c~t:", _ l . ..~~~~>.~.-... . . D'-.,'a 0-," Publ'Ic Hear.Ing.. ~ --------------------------------------------- ...____ . ",. . ". . . w:-.r. -.-. ...~_....._....._.~.~..... ....._.. '. NOTE: S~~tch of proposed 'pro-gerty and structure to be dra'ijI1.on back OJ; this IOtw,'Or}..... _..:..))".;....~. taciled, showing the following: I~"': s~~ <... .- " .-:,':;, . .... .: _.__ . ' .. J"'-'" .'Y:'" ,,\ ..1.~. .'-V\ l. North direction.-L:::3: '~~~{~!;.f1''', .'t~.. L ' .. ,.#;....~. . ~j 2. ocation of proposed structure on lot. 19 6)J ':0."'5\' .~ "-.l 3. Dimensions of front and side set-backs. ~61 '.;.;;. 'J~~ ':;:::;fIo"'.~' cf) ,'OJ '</. '1 4. Dimensions of proposed structure. ~.~ ' ....~ :-U'" 5. Street nar.les. , . . ..95';:' . ~)./pF . 6. Location of adjacent e.:dsting buildings. .0 ("" . _,,('~'J.' - - - - . 7. Other iniormation as may be reques;ad. .. .. <(,...L.:~l~ Approvcd 1._ Denied__._ by Ihc.PI~mning Commission c.n -fi~fj__-- (dote) subIec; to the ~oI1owing conditions: ~-~-~-----------.----:--- ) .. ------------------------------------------------------------------ .. Approved ___ Denied ___ by the Council on ________________ subIec to the . " -' I. d..I.... . \ . . . .... . . .'. '... . .0 lOWIng con I,lons: ___________________________..:________________~___ .' .... ~~. '~.-. -\ -, - . ------------------------------------------------------------------ . . . . ~. 00._ -::..-_01 ~.. .....:.: ...:....-...... Comments: (Use other sIde), ~'."...:., ..':.:' ". .:--: .~:~':."";':~;' .;.:..' '-:':' ~..:.:';::.~.:':.~~:::.:-:...->- ~ :-.'~:-:~:'~'~:...- . ..:. . . ~"" ..' ,'. ~.:~;..;~ .' .:~~":~'~~':./ .:.;i~.,>.:;//:~:~tr~~-!l;!)~:::i~~;~~~\~~i:~~:~::~:~~~~;:~'S~:;:;':~'~f.'~ Legal Description of 626 N rth Fourth Street - Stillwater, MN (Abstract) That part of Block 4, described as follows: corner of said Block said Block 4, 150 fee Block 4, 100 feet: th Block 4, 150 feet~ th 100 feet to the place on file and of record Washington County, Mi (Torrens) TheN.Qrth Seventy Fiv three (153) feet ther (now city) of Stillwa and of record in the the County of Washing ~ in the original Town (now City) of Stillwater, Commencing 175 feet North of the Southeast : thence West parallel to the south line of thence North parallel to the East line of said nce East parallel to the South line of said nce South along the eastline of Said Block(4 of beginning, according to the plat thereof in the office of the County Recorder, of nesota. feet (75) except the west one hundred fifty of, of Block four (4) of the original town er, as surveyed and platted and now on file ffice of the register of deeds in and for on and State of Minnesota. \ \ \ \ . . . . ----- . January 19, 1989 Ann Pung-Terwedo Assistant Planner City of Stillwater City Hall 216 North Fourth St. Stillwater, MN 55082 Dear Ann, As per our previous conversations, we hereby request a license to operate our home as a Bed and Breakfast Inn. As you know, this property was operated as an Inn by the las~ two owners. Our plan is to open one room during the summer of 1989 with an additional four rooms to be opened on a gradual basis during the next one to two years. The speci~ic restoration and development of_t~e home as a Bed and Breakfast Inn has been approved by the Minnesota Historlcaf-Soc-iety as well as the National Park Service. It also meets the restoration standards of the Secretary ofthe_Interj,g~. As requested, attached is a diagram outlining current off-street parking. Thanks for your help in this matter. Si.ncerely, 0. Duane .& Martha Hubbs 626 North Fourth St. Stillwater, MN 55082 -------.. Enclosure ~ 4) ~ .~ r. \t) ~. <;;t ~ \ \ \ \ . \ \ . , \ G:J \ ~ 0iJ-\ r \ \ \ \ I \ . '" 4--" FouR'-P s-r~E€1' -_....~~..-.-._.--~_..,..-_.- ~ .. ~~ ; . \. 1 \ t ~ , . ~ , , i , ! ~ . i l \ " \ \ ,. ,~ '- ~ ~~. ~. ~ GO. ., -\ ~ G:J ~';,~ "J> ~ f!!'. . ~.. ~ .. ~ !li ~ r:E1 --------.--- - ,.-,-. ---" c~1 C.UPf<.~-r 0 F~' srlZ€C7 pA ,er<.:t:JJI!? o ~ I.:. IV. r: 0 <.J p:1" JJ S;,.,..- ::t' N o--rE _ c- :r;/l.1!. t.~ bR"1:: 1IG" l2/::p/2.e-S e?iY S A "" :;..1.) ~ {'IIt,Un A 'C l)::; -r -:e-<.O,u A '- 1 0 V ;.J :;:7<; - ;a v' -:C'S. }J (j "'r 1J e:trr:> t!:."'TJ ' . -- .. PLANNING APPLICATION REVIEW CASE NO. V/89-16 Planning Commission Meeting: March 13, 1989 Project Location: 1905 South Greeley Street Comprehensive Plan District: Industrial Park Zoning District: Industrial Park Commercial Applicant's Name: Kaufman Signs Type of Application: Variance. Project Description: Request for variance to Sign Ordinance for additional signage. DISCUSSION: The request is for, (1) two lighted 36 square foot signs on the canopy over gas pumps (2) to stripe the canopy with Tom Thumb trademark colors (orange, brown and red) and (3) to install a four foot by six foot 24 square foot sign o~ the front of the building. Plans for the signs are attached. A sign program was approved as a part of the Special Use Permit for the retail center. A sign band with individual 1~tter?ignsJl1axjrnum2Ajr1cheswasallowed across the front of the building. Specifically, no signage was allowed on the canopy. The recently adopted Sign Ordinance does not allow signage on the canopies for gas stations. A review of current business signage indicates that the two temporary signs'on the building front is illegal and more than 30% of the window areas appear to be covered by signs. Other convenience gas service stores have been allowed colored stripping on the canopy although they are free-standing and not a part of a center. RECOMMENDATION: Denial of lit wall sign and canopy signs, approval of colored canopy. No logos. CONDITIONS OF APPROVAL: 1. All temporary signs shall be removed from the site now and in the future unless approved by the City. ATTACHMENTS: Application. Sign Plan. . PLANNING COMMI.SSION RECOMMENDATI.ON: Dental of canopy and wpll s.tgns. - - tv- \',).~ ~Jr' Wi 6. Masonry trash enclosures shall be constructed to contain dumpsters. ~U"' S"",,-\..lA~ ~..~1(,1 site lighting shall be low scale and directed away from the vr'.J"/' residential area. 8. No advertising on canopy to gas pumps. . .;f. . . ----.'.._". - .....,..--.. ....- . CONDITIONS OF APPROVAL CASE NO. SUP/87-51 The 14 ft. drive shown on the South side of the building shall be widened to 24 ft. minimum. 2. A wall shall be constructed along the rear property line adjacent to the residentially zoned land as required by the Zoning Ordinance. Evergreens shall be added to the landscape plan in the 23 ft. landscaped ~~\ area between the site and the residential land to the rear subject to the Community Development Director's approval. ~~ ~V\ cu. Site landscaping shall be installed before building occupancy. ~~ 3. 4. J. All mechanical equipment shall be located away from public view or screened. 9. An 80 ft. right-of-way shall be provided far__foad_and__otheLpublic________ improvements along the North property boundary. A portion of this right-of-way may be on the adjacent School District property. 10. t..-t""\ "V _ . j Water run-off shall be caught on site and piped under South Greeley ~,t, O,r ~ directly to the retention pond. (The plans for drainage are subject to ~I~~ ~ity Engineer approval and MnDOT permit.) 11. The address of the center and individual tenants shall be plainly marked according to City Code requirements. The parking requirements shall be met. The North driveway access off South Greeley shall be closed and access A. ~~~ provided off of 61st right-of-way unless satisfactory assurances can be ~~ provided to the County Public Works Department that the proposed temporary access will be closed when future 61st is constructed. 12. 13. J The 2.6 acre site shall be split and recorded before building permits are issued. 15. Signage Maximum letter height on sign band - 24 inches. - All signs shall be individual letter mounted on the building with no raceways. One sign per tenant (tenant business name only). Signs shall be positioned in the sign areas in a consistent pattern with a minimum of 2 feet. No signs shall be located on the second level. (A directory sign may be located near the main entrance iQdicating the office tenants.) No sings shall be located on future 61st Street side of the building or on the South end of the building. Nn t~mnnl".:Il"v c:innc: c:h.:lll h~ .:Illnw~rl IJnlpc:c: .:Innrnvpd bv the Citv. : loa -.---..._"..-.".. .:':~""'--..' -. . '".. .-.... _... ... -PLANNING '1Il!-~ it::~~7=::":' Case- Number~' _ _ ~-==_~ _ -~ :.::>_.": F o.d -.- . ee . CI _____ ________ ' -, ,_ ., d ~ '11fq - ,-.,::-: .', . Da:e Fue -- --1-':...1----- . ADMIN!STRATIVE FORlv\ . . "<" ,~ 'CiJ- 1 -- G' - J ,/ <:.;-? . - , ~ __L':Ji-_.j________-:..[__t;.;~L~-~l::;.-..;-.&:..:..----~--.--: ~.. '::.:.;.::~_-:...: '::~. ..- . . .... ... .......... ':.. ....-.........-... ... .' . " . . . ..... .,.- . ".. --. ..' -: .~'. .:....- -. - . . ..:..: ~:~:'-'~i.:-. .:.-;--:-= "__'. Street Location or Property: . _... ....,. .'~...-. ..... ...-..... .-. . ....~.. ,-' - . '.' .. Lese! Description or Property; ________________________________________ Cwr.er: Name -~~--j$---n-~--z:Z/~~-ti.--A~:EL~d!EL5.-.:..------ Address --I.Lt2--f.---L.2E._5j.::.__d~.fi.IJ.j_4_- Phone: __'-l3-.7_:.2.p~:l__ Ao"oIrccnt (if other then oWJ1er): Name __Ki:J..id..&L'J~_d_-:.i:.1~~J?q.::________ . .,: .<~, . .J::d~:e~~:d!!:~.::~4.)~<lw~#/E;j$~T- p~~!'e;.:--::Zid~~~-!:."7:~~I~~.iL. Type of Request:. . - .;.-- Rezoning : . .-_ -: ,~__ -Approval ~f PreliminaryP[at ':'7::;'~~~~X~!~~ -'. -~- Special Use Permit \ ;.__ Approval or Find Plat' . "--~ ~'2;;::",;~:~--, , . ~- Variance ~/it"5 :_- Other ----::-----.:.-~_~~_. ..' ~.~". /. . DC~:~:i~:~~, oLf :::v:s/j~ 7\;.-.8-:~;:~~-;.~~.r:::"~:p:,~~~~)~::aoc . ;_~~~ ~I))' ~/. . - - J:.~j).!:-r--Y- -.~.J----~--.J----~J.~';;o,J.,--'..--..L/f:I..t!.f=-:!;f~~~~--1~_.-~-_~Ll}<- _~:=- '1 i' / ;~__ : :. (.J..1\n /''f.! . (/'y J~ 7)12 1:,' ~,,-./;-' (It:11'-'' -I 01 ,11/_(;" ----'---.------ -~--~-~~~---.l~k_--s~::;v~-~~~~;;~:;~~~Z1;;~~~~~-. ..' ,.:' n~ .. Date of Public Hearing: --------------------__________:~1d__ ..--..-. - NOTE: S~~tc::. of proposea 'property and structure to be draiyn,~n bac..~-o:f .. 10:::1. or:~t-;..~S---;7----~~.-'-~~~~i,- u.ched, showing the following: ',_ '_'.', '_,L0j.~c')~ S<'6'?f> l. North direction. .,.. ~:'-----' .;.<; - r.> ."~ '" 2. Location of proposed structure on lot. ,,' . ~l :{..~~,;~., ',~.' _0') .~ ow-'\... >>0 . -'j' 3. Dimensions of front and side set.backs. :-<II" ~ . \,~-<:-'\';,J..e. ,\.... .N.. ' 4. Dimensions of proposed structure. .-~~tl- ^'~ .c."':;..~J~'r- 5. S treet na~es. . ';9 vi> v" \, , '.' . 6. Location ot adjacent existir.g buildings. '. - - ,~~ ."'. - ~~~ .at:; . _ _ _ , 7. Other iniormation as ma.y be requested. '. .~ '. ~/t'...:--- Approved --- Denied){.. by jhe'PI~mning Cemmission e.n -!p1)!1--- (d~je) subiec:- to the !oIIowing c:o~ditions: k_~.;.~-------------..:--- , - ----------------------~------------------------------------------- . Approved --- Denied ___ by the .Council on ______________-:-_ subiec: to the . . foHowing conditions:' ___~__~___._~_.:..:._~~___~_~.::...:_~________.::.~__:..~__:.. . , .II... ... . .... ~.. - . ---------------~-------------------------------~------------------ .... . .. , '.:. .,' . ..... . . ..' -.' .'.. . '.' -.' . -~,,-' ~ :' :: ..~.,,~~m~enjs:(U~e . ~jh~r, ~~~e).:. :.::..:;:~.' ...:.~:.~'~:'...:\;.:~~;.:.~U:G::~:~i.'c~~~i~~~;~,~~;~,i~[~~~'~~i~ ~-'" - :'. ;;.' ,,;. , .. .. _..t .H H '~ ! ~! I" IH " III Iii :\ :1 1\ I, ~ i 1\\ \\1 :1\ 1\1 ,I " 11 it !i :; , Ii[ ....;..1';11 ~. ~..- ! . .~, " i! . d' . i\ 1:' .. ~....~- . .. ~~.~:~.~~~~ (t u .n -( - ... r ! ~ . "--" : ,., i '. - '. ~ . .' '. t .1 , \... .~ ~ - . I \ " \ . I i i I i ~ . I/o , '2 ~. di (1) r. >j ~~ , ~~ ~l.rI..._.. ~~ . ';(. (I' " ,~ -31(\ '-l ~~ a. <:l, ,_ ~~ . -G ;> F.. ~~.. C! tl~ G~ . ' I I l I i 1 I I I ! i \ \ . I ,\ "'"<. ~ . \ '. ',' -. ,,~ ., ---\ , -..> ~. ,~~ '. -'j I il II !l !I il i' ,I II d I! !l II " il 11 1\ ;1 \1 tt iI H ! .~ 1 . I I , I I I. I ,. >.~ ~~.-~ -" .,>- ", .. " . . - ,.~'. -:, . -. -, _: . '. ~.' . ~-;. _.=~J-_:.'-_-!:':';"~:':'_~-' ...'7.-::....._ . - ;. .-, " :,'-" ~ - .. ;" ':'.-- .:~~ -- j~,":'~:i::;::_;k:'~:;";"'~._.::< ~ ,~~~.:;~~:.,;:..o .<~lf-::'_;;:: . . . "'."'"1:"'. ~: ;~:~~ _:;.: -.- ~~~:~~: ~~-3~7' ~:~;:_7_ .' . ' . :.,. ~ ,--" . . :. .. '"'( -,,:.... . -.:... '.... .'.t'; :.: :.. 1 o. : .... -' ~~ ..:...~'. .~ :.., -'-\ -.;. . '~-:". ."-' -.:'~'-,... _' ~, ~ ,'. '_0_ -". -",,' . ~- ~ \I\ ~ C\ z.. (..... ~ ~ ~ ~ \1', v ..-.....; .1JJ' . .::'')( ." ..':'._ ~': ",_0 _.'.' .'.... ._"-<:..' ~ " .~ ,. .:::. .r ..."':~::: ':,' .. .. ,'"' :.":. ..t', ., ...... '.. f .. .-' . .: ::: ~ i ~ .~;..:'. ; _ ,~d .....\..,;.-. .. :~j"!E: . ...At~:,,- . ( 4( / . . .- ..:~~: . . . ... PLANNING APPLICATION REVIEW CASE NO. V/89-19 Planning Commission Meeting: March 13, 1989 Project Location: 222 West Cherry Street Comprehensive Plan District: Single Family Zoning District: ROM Applicants Name: Jeffrey Palmer Type of Application: Variance Project Description: Request to construct second level work shop over existing garage. DISCUSSION: The request is to add a second story on an existing garag~. The plans show the existing garage setback 38 feet from the road and 6 or 7 feet to side property line. The garage addition would extend up from the existing garage. The Zoning Ordinance allows one story garages of a maximum of 20 feet. This proposal would be over 20 feet as viewed from the front and have two levels. The Zoning Ordinance allows residential storage over shop area of the space but no living (sleeping or eating), or commercial activity. The applicant is requesting the addition as a hobby work shop, not for commercial or living purposes. - - The site is unique in that the existing garage is excavated into the hill. the second level would be at grade level as viewed from the side or rear. RECOMMENDATION: Approval as conditioned. . CONDITIONS OF APPROVAL: 1. The addition shall be used only for storage or hobby shop use but not for commercial use or as living space (sleeping or eating). 2. The maximum height of the garage as measured from the driveway shall be 23 feet. ATTACHMENTS: - Application - Pictures and Plans. PLANNING COMMISSION RECOMMENDATION: Approval. l'AC 100 . '. .: -..' . . . Case ~umbe; '(I f1::..l1__:.... . :-.: .~.::. ..,. f 0 . .t...-?\ (J...... . Fee Paid ___~.J_U.._________ Da:e FiI~~ -!./.f/Li------ PLANNING ADlv\INISTRATIVE FOR^,\ -- Legal Doscription of Property: ________________________________________ Own er: N am e _~fl:t.t.;..c::t.-fj~-tlif~'!!!::--------- _________________~__ Address_____~~~_~___________________ Phone:_1I~q~~~JZ~____ Ap'plicant (if other than oWJ1er): Name _______________~____:..__,__________ . . Address__________~___________________ Pho~e:-------;..~------ Type of Request:' ___ Rezoning .___ Approval ',of Preliminary Plat ___ Special Use Permit" __~ Approval of Final Plat. . x.. Variance .:.__ Other _________:.._~_~__.~__ . Description of Request: __I..Q._Ar.ffP..._~~-:-_.4__tdE!!_Jf_~t.{cL__o..tj..'s.....~------- _~~L~~~~_~~ff~~___________________~___________~~__~_________ . I i./ .- . Signature o~ APl'licani4#A4'---:------:.-- Date O'f Public Hearing: _____.________________________________________ NOTE: Sketch of proposed' property and structure to be drawn. on back ,of~onn or at- tac~ed, showing the following: ,.. :." .,;(~.':v ',\ .:- ~ _-,~) 5:\::~~ . 1. North direction. ' ' ':..:.' .'0. '-~" """1.,,1..9 ., 2. Location of proposed structure on lot. " ' ,~:" ,'-?j. ~. y w c? . ) 3. Dimensions of :front and side set-backs. ~~ ,~~<' ~~. {~ . =:;'; 4. Dimensions of proposed structure. ~~' o(~::-~ ~..!) ~1 5. Street names. ~ : ~..,.~ ':t.- ':':":', 6. Location of adjacent existing buildings. ,\~ . . ~.,.% (~.:.:;J 7. Other iniormation as may be requested. \";0,., ,'\7 Approved 'X- Denied --:- by the'PI~nning Commission o.n ?pl4~\date) subiect to the ~ol1owing conditions: ..d.c.~~----------~-------- Approved ___ Denied ___ by the Council on ________________ subiec to the ~ 11. d.t. ,\ , .. ' . ., , .0 oWing con I Ions: .;.____..;_____________________~___________________ . \ . , , ---------------------------------------------------~-------------- .'. ~ . . .' .. ~ Comments: (U~e other side). ,~',: ::: .,. '.. . ~ .'. ..... . .'. .- . ..',.. .: .:." ". .. ." ....."...: .',!,..-' .', .-"" .- ,: - '. . "" , "..;, :'.' . .,:,:: .~- "~.:..~.. .~.,. ,;.... ' I' .' '. .-' . .' " . . e.' . . . '": '.1. - .._ . . ~ '. . ..' . .:: . '. ..: , ....:~_..:.;~...~. .; .~:. ,,:-. ~:'/~: /;:. . '.:':' ." '., .: :'.. .:_. .~> ";:::.- -'- "~, ~.' ::,.. . . ~. .. ~ . ~~ - '... . . ... , i --'-~ -I' .- ,- ..-":~~:';";~.~-'_I' - ,. .......' ,. ,'.', '. .~'" ..' '...., . . ~(\'. ~ - o?"fi ! -,~~~ -I ;:IY~ I c;7. 1 I 1 i II 11 ! I 11 II II 11 . j I II ; ! 1 J I" LV1CJ (Y) ~\P 1\ - .....L-) , , f . ~- ~1!1 ' (V) 7 'Le '#' %,~';d-c.z,!5: -L.::; ~ ON zE -q. n> . o[h ~!!r;- .-/ J> 'l/...Y /1-, f () Y ~ ("". -CV Q/:S .r':::' 0::;::,::-> --, ,d 2' \:11 11 ,/"A ili f l/ III ~ if'o;;>o~!11 ill. I. ill iH .fO{ Gf4 yJ ?P(S -f-:ddAtf? ~g ~4'/- uoJ ?bv.A)?b S!Lf ?(IoqV 1716 i- frY? ~!PI !{)q /...(0+9 II, Ii ?( bu 10 1? t;;)(UfGUOU 0+ -f??.Af<;. J)dt.J'J!il fbO(Yl 'e.t7t? '+- () U! p/S'dJ PW l"17d A~-ld-:Td.L 0f1.11 +'";)81 qo +OU 00 - pdUblS'.AdpU0 ?L(+ ?(f\ : 1 I II . i i !" ....1. .t, " \ . L,- I 1 I I I I I I j I I I i ! ; 1\ I j I ~---; I f I i 1 I I II , 1- I I ! I : i I I i I! i !y rVO:U-ff I ! I \ I I I I, _ i I; I ; ! : I ) Ii j I II ! I i I 'I I ! :t-I: '-ill I Iii I ,- i i I ! ! j I I i \!0;~ [ltrtj-II l-- -rtl-t~] M I I I, '. ' , Iii i I I', I 1 , I I ,I I I I I ilL ' I ' -I i ~ ! r jlrO-I-"rr-' I' I 1 . I ' I . _ I I II. I I i I I I I I I Ii' : I , ! I I i I I I I II II I . - I I I I I I I I I I illl illi ~ '.U:;I ~ I ,....:C!} ! I I ~l. I~~ I I ~! I 1'~~bbH.-;~~ I I ,q~ ~~-rr I I I I I !GJr~.~~~ III III I i-.r I I I , I ,- I , . i . I I I I I i I I I I I I ! i , ! ' , ! I /t I/f,/fl.'- i iX ! , l,--" I ! I '/"~l r t ! " I I i I. \ ~' ; ! I I I I i . . . -_..- -,-, <'LAl;.-;ei:Y-- --$7/2~7s,--_._..._4.-.. , ,-,-....,.~--~ -. '-.-"--"--"'~' -\-- ._~ ___W ._~ -..vQ ..__ . :t.\ -- ._~--- \ u "",.._. V~.-- --pa ._-~~. ----# ~~ ~ __ ...6.,; ('- .>~"".._. -.c'o . .-#'J. . --~-- . ...Of --_.~ --(!. .....-1 J.> '----V] " --~-3;( --- '\--------- -~---- ."':1,-"--- __2- ~ --- ~~ ~-~ ~a- ')~ 'l') "'f:""-' -._'-'-~'_.._-- ------- - - . ___ .'./ L_. -- ~ S-__!:!}12iELf1D-~---------_.- - . " . . . PLANNING APPLICATION REVIEW CASE NO. SUP/V/89-20 PLANNING COMMISSION MEETING: March 13, 1989 PROJECT LOCATION: 301 West Myrtle Street COMPREHENSIVE PLAN DISTRICT: Single Family/Duplex ZONING DISTRICT: RCM Medium Density Multi-Family APPLICANT'S NAME: Patrick Mulvehill ~ TYPE OF APPLICATION: Special Use Permit and Variance. PROJECT DESCRIPTION: Request for Variance and Special Use Permit to construct a second dwelling unit by adding a two story addition on an existing office space (converted garage) and connecting that addition to the existing house and constructing a new two stall garage. DISCUSSION: The site is located in the R()1 Multi-Family Residential Zoning District._A minimum lot size of 12,000 square feet is required for multi-family development. The site contains 8,640 square feet. This requireS a variance. Besides the density vari ances, other setback. vari anceswould be required Jor the development. When the existing garage is converted to a part of the residence, a 25 foot rear yard setback is required. No setback is shown on the plans. A 30 foot front yard setback is required for the new garage. The plans show a 24 foot setback to the front of the sidewalk. (The front property line is prpbably closer than 24 feet.) A 5 foot side yard setback is required for the garage, one foot is provided. The proposed two story addition would have a pitched roof similar to the existing dwelling. RECOMMENDATION: Denial. FINDING: The proposal is inconsistent with the Zoning Ordinance. ATTACHMENT: - Application - Site Pl an - Elevation drawings. PLANNING COMMISSION RECOMMENDATION: Approval. 1) AC 100 ilL: (l>ZJ v//lt.-1/dr.-? JY~ (:',?~.'3 JI.3 '~ 'J.j/~. . . 0~fq >rlO ' Case Number _ _________ -"'., . 00 Fee Paid ___2~__::._;.___ , ~/; '1/ Date file~ ----~-I-li--- : . ._ ". _ ~'.,':. __ a. PLANNING ADlv\INISTRATIVE FORi\t\ S..' ....Lo at'on of Property 3()/ fA I. J1~LfO.l--/I:.- "51":' . Ireel C I : _____-:i__Lf.J.-:.._...__-,-___ -'-=-____:..t______________ L I D. .. f P ty 4-:rr ,'1 / ~Y'\ aga ascnptlon 0 roper l __~_,---~--.;.--...--------------------______ O N ,- ~.)-II)~? I . kT, 1'[-'1!./, i; i:::- ,1.4.-. 1-' L.. . w n e r: am e _ _ _I:.. _..;. ___ ~ __..........0.- _-..J-_':':,_.l.___~......:::;=.... _ -!_':;;____ ____________ .-;, " 11\ . 1- \.."- ; i 3 q '-") ~ (; Address_~\,~j__lJ~___LLkLLl~_~~t__~l~ Phone:_:1~__~__b_:.=~ \t . Ao"olicant (if other than oWJ1er): Name _______________~____:..__.__________ . . .' .. . ' Address______________________________ Pho~e:-----~--~------ Type or Request:' ___ Rezoning___ Approval :or Preliminary Plat --- Special Use Permit: __~ Approval of Final Plat. , , -L V . "Oh ' . . , -r- ar~anee . _ .:.-- .~ er -----------~------- , . 'D. ....1.. r R t. . Co71 W;/-!-t.A.A& ~./?A. - /,., i. '-,' .,....I.(J.1 ~SC.lpl~~n o. ~ques. --------~------\J---:---'ff::.~-v~~L'-~-:--- ~___ / . . . ,--17; f~j/(j /.- f/1 /7,} / /~L~ A 1Z,/'. 0 ~~ _~ r7 . ~ . . -~:::_-7i~---U~-7-:;:-~o.:--;y7.~.:.>"-t"--_;;;;;)---. ---~ . . ..' -t!rf~-f1~~;It7:~~7X~~~j. . Slgnaf6re a~Appncant~+..~_.-~----.it--- " . . Dete 6r Public Hearing: ------~_____________Z0::J_J::::::.~_.L______!:::_eL~~ ., NOTE: k~tch of pr?posed .p~operty and structure to be drawn. on back of/this form or 0 ta ea, showmg the !ollowmg: L..:..Vt.,""'" .' ' f PL.'l\ ... ,/ ~ll .p f0' W" , ,.' ~I--":' \ vt+! . ]1T7'v. . \ ::.:> L\ .,--t' r i IV ' 1. North direction. I ' ':, 'l." I __', /', ' 2. Location of proposed structure on lot. ,-Y:D ~W' 'p rt'SlY 1;\C'c' , 3. D~mens~ons of, front and side set-backs. 0-v1 OWf..i'eP-... ~ . 4. Dmlenslons at proposed structure." . 5. Street names. iA J (/ ..,J-c,,,-: ,er 6. Location of adjacent existing buiIdings. v~~v':J 7. Other information as may be requested. . Approved 'X_ Dcnied___ by the 'Planning Commis~i1:tt;2~i?l.~~jfj--- (date) . . (~r_ ' , ,j" ..,,-> . ~ /, S r\ <.' b... th f II . d.. . /;.t.r- ~ ...:\\:" ,.v:JI::), su lec. to e 0 oWing eon stIons: -----------__----~......c..-----~-:..----__ .' .':";:' .\'\"~.';~,}:-.:; ... .A cPt: . , . <~ .~d~'^\.~';;>" ~ c:6 . -------------------------------------------~~--~-~~--- ------- ',<~.' ;r:o"':" ~ A d D. d b th C.l \~-), CC, n ::::if. .. L pprove --- enle ___ y e ounel on ------~-----:'4-... ~ublec .0 tne '. . ~r.-&~ .. , ., . ' . following conditions: --.:.--...:~-:..----------_______~~~.?I::~___~_______ .. " ' , , ---------------------------------------~-----~-------------------- 'Comments: (U~e. other side). '.'~':,: :::<.' '. ',~ . .. . . .' . .' -. . ..... .'.,.. ~< . ~ .. '.'... .. .,"'" ..:. . ,- . ~.. '.: : '..>'-~:"'.:. .~ ~~~~--:~.~ .,:> .. -. ,.-: I'" .:~. .. :. ,. . _.:. 0.':..:. - '. :,. '.;.'. ' r'.: ' . .......... ," . . . . .', :,q:: :. ',:; '::::::' :~.':,., ,o, , ' . .,' .' . . 0.... . . ',":.~ .:';:"'''. ; '.~:' _.'. . :'~: ,:< ";~. .. 0-:'. . 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'- \'\ ~ . . . ?ONf2 RC/)IlJ1 301 w (::~ r /\'i\\.-t rf Le s-r. lo T I -=s P Lut :;. -- l'~ &-Sc ,< i P {7 D A./ I La"\ l '3 /-\ f..-l D A L S b IH G 'vUL"( Lf of-e e-" ,3 t.=:. L.~ /~ T .s e~ ~ u ~u,') /+r2 / /..-, It/ ~- () ;= iz.)! j/tl Lj j---/ Ie..- S r- A r Pi- v~ Hl.:;-12e. ) o. IV) l-il-+f ~~ S l- I {\J 'Tz~-s G Li IV e of- 5~ 0 5- Tl1 '5 ( TH N r u j\) 1"0 t AJ 6- 5 L Y. A. I 0 ~"\ j /.; L /fU e of ~ 5Pt s, g~- }-} 77tc-N WLY /~-T K p...C'0 G- (v () I- -r- -r D l'\j LI IV e. 6 ~ S S- Th 5 r 1A -1'1 IJ L-t A-f 0 Y> j iLl L ~ 0/ -.J S-- ~ s) 7 S- l~ -,<_d- T () s L l 'v~ [,7\ L/\j, rVI c'f y- -!-(Q,'- S ,- 1- r- / -H'l . ~ L I /~Ut D )1\. c;'~ 5 (v~ c-=f S ()" //Li cr 'y-j (~ ~ l -J D P I A (e.... p_x 0 S fA h T6 -e tI 5..e. 'f- . \.I 0.. c pi ~ S .5:,- /J,/ 5+ . ..... ~~! ,. . ~~8:;j ~ a. M ~ _.u _. . = ~c: , , ;, fI'l .. ~ti U ~:J ~O' "-..... ~ ~ iii""""' . a:l ~ to - ~Z ~ 6 < Z'~~ " ~ G~ ~ , < ~ o ~ Q.. z U V) ~ ~ ~~~ ~ \l ~ ~ _ Ea:lV; r,.' ~ < ... ...J ~ ~~ ~ ~~ ~ t t: , , ~..J .. ",- ~ ~~ Ii-IIj j "" ~~ 00 WJ ~ 13951 II, 60th Sf. HOFFMAN REFRIGERATION & HEATING SERVICE lTD. Stillwater Tel. 439-5770 Hudson-Lakeland Tel, 436-5666 SnLlWATDl. Mil, 55082 106 N - !eo 9 MYRTLE ST W -FROM 102 N 3D ST WEST DIVIDING LINE FOR NORTH AND SOUTH STREETS 320 Monson Interior Decorators 439-0640 *Monson Lynn D @) 439-0640 321 Lamers Hennann J @) 439-7873 ZIP CODE 55082 115 Apanments S 6TH ST ENDS l*Tozier Tony A 424*Broom Steven @) 2*Samuelson Michl S S HARRIET ST INTERSECTS 117 No Return 513 Apartments 123 Apanments l*Knowlton Lianna J 1 No Return 430-2016 2 No Return 3*Folkens Kristi 430-2876 N 4TH ST INTERSECTS 4 Stark Scott A 207 Keystone Apartments 516 Apartments 1 Palmer Esther Mrs 1 Griesman Henry 439-4410' 2 Anderson Robt V 439.6278 2 Muller Jon T 439-5366 3*Nelson Viola Mrs 3 Muller Richd I @) 439-5665 4*Fredrick Mildred Mrs 4 Stokes Viola R Mrs 5 Ammerman Esther. AMrs- P. PiltsGuy_@).439-5543-----. 439-6279 6 Schwalen Ken W @) 6 Ammerman C L 439.9558 517 Apartments 7 Fazedin Unis Mrs Upper Callahan Gregory H 8 Lawson Grace J 439.3190 430-1719 9 Sonju June 439.7815 Lower*Mortize Helen 10 Vacant S MARTHA ST INTERSECTS 11 Collins Mabel 430.2796 603 Stefanski Ray R @) 439-1707 215 Myrtle Street Chiropractic 604 Johnson Robt C @) 439-5471 Clinic 439-6500 607 St Claire Thos S @) 430-3680 Kranz Ronald E chiro 617 Johnson J James @) 430-1589 439-6500 618 Sievert James A @) 439-7153 216 Wann World Child EVERETT ST BEGINS 703*Green Paul 439-3858 Development Center 439-2909 709*Johnson Mona J @) 439-3913 Family Service Of St Croix 717 Johnson Kath C 439-1656 Area 439.4840 718 Martin Donald S @) 439-4177 221 Apartments 719 Vacant ! 1 Hausken Velva J 439-5842 WILLIAM ST INTERSECTS 2*Ooyle K 430.2013 804 Mariana Gary R @) 439-3146 3 Vacant : 808 Mc Clain Charles W @) 4*Campbell Christopher 439-4003 439-8070 813 First United Methodist N 5TH ST BEGINS Church 439-1880 301 Apanments J ' - Sunny Hill Nursery School , - . I Front Vacant 439.1880 . ~ Rear Mulvehill Pa J 439-5263 820 Schiltgen Ronald G 439-0427 ,= -e 1'--310 Harbor Shelter sac serv agcy GREELEY ST INTERSECTS a en 315 Richert Rod W @ 439-4028 917*Lammers Gary @) , ~i ~ D",op=~~E~~~~Ri~.~~W~' :! (612) 439-4187 311 South 3d Street ' Stillwater. MM 55082 13 'f'-j ~;:l :,..;:,- '-~~" _..If.:: ;Itl ,--;,:~.-:. ",,-?'i~~ .,,,,,.,;.,.-; ';"'i-.: .:::-~~. ~~{:,t ..~. ~ c: W MYRTLE 919 Roettger .- 439-7976 OWENS ST 1011 Gillen TJ~ 1013 Caspersor 439-42K 1018 Smestad - 439-9128 SHERBURNE 1112 Rybak Ge' 1115 Karlen Ha 1118 Danley KE: 1122 Olstad Car I i I , ! J S CENTER 8T- 1202 Asmus Rob 1205 Thueson PE 1207 Wohlers W, _________~7775--- 1213 Koehler Ve_ 439-3550 1215 Houston Ire 439-9700 1216 Marty Rayrr 439-2224 1217 Apartments Upper*Lee Lower RussE 430-2, 1222 Boyce KathiE 439-3906 S GROVE ST I~ ECHO LA INTEl 1306 Ives Ralph K 1318 Ammerman T 439-5468 1323 Kuehl Arth F 1326 Radke Thos ( 1331 Johnson Mitc~ 439-0184 1401 Samarzia LinG. 439-1696 1406 Wieland Donai 439-2090 S BRICK ST INTE N BIRCHWOOD D INTERSECTS ".1 RIVEF. ~ . VEJ....lT 01 /- / VE::, .,TI-JC::::, ~'}l Co FAC.IA r~/e." PLY. :5OFl=IT , ~ , DO on DIll ~/ I I j BC!'.5Ti~ I HCU5E.. I I I I I I __ ?>/e>" PLY. 5IDf"-lG wi '-z. 5ATTE:~~ IZ" o. c., (TYPICAL') ___ . FRONT ELE.VATION :SCALE & '/.<1"; 1'-0" I DO I I ~ I 0 I I 1-1 .' I 1'1 I I ~ I I 0 I I 1 I I I I ' ::s <<J li- nn I -' I -<'" I'-- ! I . . f;~\~~\\\ s~ ~... C7~e1 " t \ . ,D{Al'lo ~ "- . I. rr: ~~t;.A(1L 513 r"vtJ '7 F ~r '... DUP,I~J< ~ ~ ,c;~O'i .1 "- . 60(i)(J ~.,. t 10- " .,14 5CT-&-4.C \ " , , '~k'-D ~ \.-.....,\-' ,\ '. G+h, . _ l5'rrSf7T0~/C.r3~lr ' G~ttJ f$A-1VJ.(- 6~~t)\e ~\1 ' " 1'R\rll? Lol, 3/5 '. \ \ I \ I l \ ! i \ \ \ \ \ \( \ \ . i l ~ .~ ,7) ,~, ". \ I .. .i, . iJlAt lEY-'DN $660 5 - ,,' ~, '. -'2:e;1lcJ Sl;)€r~~'t.... / ~ 3 ! . .'. 6 kt A6~ '(AI J)A-4f ~r€. r . L. i.' ~~' (~)(' oy 4IJDOSF.. '.'1- -'.. /, -z. e A-o "? '(2" ?f:. r 13....c..j<. .' ,,..ro ~~ ... . . " ,. Ott~\~ o~ 4o.c>.oSF . '1'1 k6 \G~ . ." ,-..en.o <;-r. <5_er.'~ ~.. .. v . ' ~OG~t:: . ~~,' ,'. . I zf?Ro 5elI7~4:.' '51EJ;.Pllf' ...... 6-~ Vlt" 0 N "fW~ , . ,PrPRo l' to CO) ~f:-. -. - /L r -----...-------- ._'/ , 1 I , \ ::L r .~- - \,fa-rlCv\J\.cJ... HJ-v ,()f-\P/~t, V Lot- !'i')' v 5~t- i'1 ~(l.- ~-( . " ., tJei6!f'-hdrtlff~O f(-(\JI~ 't:---l J. r ' " L-l1)t:'llt~;i~~ ", 1-\ A~~\.6.~ - '- " ".. ,. '~ 7...~ ~f- ~)t... ..,.', . '. no ~1l"~/~ ,/000s6' O PouR. ple:! _ 0-tv~fl~Il1(J ~ j/~PIEj '- ~ 5+h '-. . (~'" j j~'Iv' elf' "';o"lf "A4l- () N ft-\ lj rtJ ~ , 't!'l ". ...- 4th . '- . 'I 't " ...\.:"" '- x . PLANNING APPLICATION REVIEW CASE NO. SUB/89-21 PLANNING COMMISSION MEETING: March 13, 1989 PROJECT LOCATION: 14460-14480 North 60th Street COMPREHENSIVE PLAN DISTRICT: Industrial Park ZONING DISTRICT: IP-C Industrial Park Commercial APPLICANT'S NAME: G.D.S. and Associates TYPE OF APPLICATION: Subdivision PROJECT DESCRIPTION: Request to subdivide one lot containing approximately 2.7 acres into two lots of .63 and 2.07 acres. . DISCUSSION: The request is to subdivide off the front portion of an existing 2.7 acre lot that currently houses the Surplus Outlet operation, K-Sun Industries and a recently approved Billiards Hall. A review of the existing uses, with the parking plan submitted by the applicant, indicates that a maximum of 95 spaces can be provided on site. The current uses require a total of 99 spaces. The proposed parking plan shows driveway access from the 2.07 acre site "A" to site "B". The proposed site "B" meets the size and lot dimension requirements of the district. The current free-standing sign located on lot "B" will have . .. to be removed from 1 ot IIB" before fina.l pla.t--approlja.T~--DrT\iewaYTtcess-fronf------------ lot IIB" to lot "A" will also have to be a assured with a driveway easement. RECOMMENDATION: Approval with conditions. CONDIfIONS OF APPROVAL: 1. A driveway easement shall be recorded providing access to lot "B" over lot "A" as shown in the plan. 2. The parking lot on lot "A" shall be stripped and improved according to the submitted parking plan before final plat approval. 3. The free-standing pylon sign can remain and be used by site "A" and site "B" with 100 square foot maximum with no other pylon sign for the site. FINDING: As conditioned, the subdivision proposal is consistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. ATTACHMENTS: - Application - Certificate of Survey - Parking Plan . - Letter dated February 28, 1989. PLANNING COMMISSION RECOMMENDATION: Approval. 'AC 100 - - - .J':!:,..~-:-.::--'.,,- ,. . .' '~-:_' - '. - . . . 5 u,g J f9 _ .;2 . . n._;\,:.,.:.~... Case Number ----t------ I, : _c.~.: .~: -Z (:)0- Fee Paid ___211.._:::='____ Da:e fiied _~e!/-r.J_____ - .... .. : c,': ___ _ _. . PLANNING AD1\AIN!STRATIVE FORi'v\ , '. -.-.. ~ ,- ... -. .. '.., ..;~,,;-, :i,;' .:,-;.~.. . '__.. S:reet Location of Property: -----_j~46Q_-:..J.4{rzQ.__:..jL!.~aQ~J:b_6.Qt.h...sj;l:ee.t.._ "-. .... ... t.-. - n.'. Stillwate~,. Minnesota ...a..'_':.._~.~'_~,:,~:-:,-~_.:'.;: Lesal Doscription of Property: ____E~~_~t1;.a.fE!;!L~_HJ]l:r_~~:..______________ . Own e r: N em e _ _____ ___________g.:.Q:.:,_~:..2_~~~~cj2.!~~__________________ c/o Doherty, Rumble & Butler, P.A. Address .2.8.QQ.J1!iJlorld Tr.arl~_Ge.nt..er_______ Phone: __29.1~______ 30 E. 7th Street, St. Paul, MN 55101-4999 Ap'pliccnt (if other then oWJ1er): Name __~___________________-:________ . Address ----------______...;_____________ Pho..!1e: ~~--------------. . ~'. ;' ~."" .'.,:.:', "i-' -",.,,_"_,-. ,. ",:" '~.:-~'.~~ "~:\.'...' . . _ _'. ..-.... u ---- H-------:-:----..-,"';:'.:-.;'~:::.:':".:_:~'7:"""":1io. .. Type or Re'1uest:. --- Rezoning .. ' . :"~_'~Approval ?f Preliminary P:ct..,":~:.'..::/~:S.~~;f~~; . --- Special Usa Permit \'__~ Approval of Final Plat. , -~ ~':.:~:;:.:'~;~.., -__ V aricnca ~_~ Other __tii.!1~.r_~l,!,li.dj.il~lQ.Q.__ Desc:i ptron of Request: __~.EE!.~saE.!_:!f.~~~j_i2_~1!:.bjj...Yii~J2I2.i>~r.ti._{r1j:.SLt'i.Q..P2rcels. · '." :.LE.'lr.J;!:1.~.l..."Ild.~"'''~.llir.J;l1~OJl...tIul_at.t:as;lu:d_Ce.t:.t;lfica):.e..Jlf...?J,II'''e.~-------- :.~~":' . :. ------------------------------------------------------------------ S' , :A HI~ i,*L:et.~i2t~Jf- '1,..,- Dote of Public Heoring: ~~~~~~~~~~:=~:~~~~~~~~E:~:~~~~-~_::~~ '.. .----,- - NOTE: Sl<etch of proposed 'property and structure to be dra'YU.on bac.~ oi this fon;_9-~at. --"'. :..-' .-. . taci::ed, showing the following: " . ,:'~..., . If. A'~l.~ 9 lO///Q ." 1. North direction. ' .. ".' ,t;, ..I % ~ '. r /~. , " 2. Location of proposed structure on lot. ' .." (I: Y.i~~ {.~ '-:;'.. 3. Dimensions of front and side set-backs. "O:"1.;.;~';;'}~' 'r. 4. Dimensions of proposed structure. . 't,}:'.,;~-,- d'l~"'?-iJl ' !l' 5 Stree~ n~mes e-..~ '" ...~..., 0 '....., 6. L ~ Q,.: 'd' "b '.d' :. ;~;\ M '9~', 7"-v. ...:.::1 . ocatlon Ot a Jacent eXlstmg Ull mgs. '","J.,./.A '"Y .. ('; _ ..,.~/ ... _ _ _ _ 7. Other inionnation as may be requested. .. '~...._ _ ... ... . :.:2 Approved;/'- Denied _-:_ by the 'PI~nning Commission o,n :fi.o/I!js..r;qe'iit&r~' . subiec; to the !ollowing condi:ions: _~_~~________~______ ) ,. -~---------------------------------------------------------------- ,. Approved ___ Denied ___ by the Council on ________________ subiect to the f 0 I low in 9 con di tions:' __ _~__.:____________:.:______~.:...:_..:________~______:... . ,,' .a. ;... -.:.;.... " . - , ------------------------------------------------------------------ a a.. .": .. .a.. a.',a a'. _. Comments: (Use other' side). ' .:; ...:.::. .... . . .'a '; '. -. '.. ... -'.'; # :. I .' . .' " . ., ' .,. . . . ...... .... aa. .... . ,.:. " .... .' . __',~ .'_",_"': ;.. '.. '.':- ~.. ,..'. , '.. ,;: ....... ;':; ..: '--, ~ ';.'., ~..' :',-'.<.'.- :,.' ~', ".:, . .. a_":. ..'a a; .... :';,;; ..~:..;.:_. .' -. ._........, . a.. : ':.:~": ~; :. .~;: '~'-~'::~ '~",' ::.:.''-::7-: ::; ;.:'~:.:::.~~;~~~~~~~~.~::~{~~~.:.d~,:,~{f\:;~{~:'_ . . . EXHIBIT "A" The South 442.8 feet of all that part of the East 10 acres of the Sl/2 of the SWl/4 of Section 33. Township 30 North. Range 20 West. Washington County, Minnesota. Lying North of the Northerly Right-of-Way line of State Trunk Highway No. 36 (formerly Trunk Highway No. 212) said East 10 acres being the East 328.13 feet of said Sl/2 of SWl/4; EXCEPTING therefrom the West 100 feet of the South 225 feet thereof. exhibital I ~. ',1 I .! \ . , , I 1 I _...1.. ( f j I ; i I i' 11 .t I I I , ~1l!:LT '2 Q[ 2 SIII:L:1':j CERTIFICATE OF 5 _ RVEY K,\I<I<U 1.\\ ) I ,Ie" )lll.lll.\H,K. ,\\1S:-' 550HZ MISSl.UIA Kl\;ISHKlD I A~D ."K\t' UK TeI:'i~, 4J9-~olO JOII SO, l'unc EXt-t I'B.\T \\ ~II SURV~:YM^I>f.f.XCl.l:SIV~,I,Y"'(JK, $'.~'Jl''' I\..u~. 1l<::,.Jt'i, Inc., Glr,lJ Orcn Ave. No" :>tillw"t':l, .'10, llt:SCRll'nOSI (See P.:lrcc} 2 Uc-ccr il,tl"n (lI) ,;lll'(,t } of 2 ~;lIcc'tCi) !:!.9tc~ o Indic..tc:; iron Sl:'t lIIarl;!!,) HLS 13774, . Indic..tl':; i.."n Cuund inpl"cl'. Or icnt.:ltion uf tlli.; I'('.:lr inq .;y,.:tl'1II i:; .:l::';UIII"U. :;h.:ldc.d .:HC.. indic.:ltcCi ':'1'; rux. 10<':, of tr:lV(,lled rU:ldw.:lY, P.:lrcc} i~ Zoncd IP-e, eil; uf :jtillw..tcr, ~Ct~.:lCkD: Pront=4U', HC.:lr=3(;' ~luu.lU' Uct.:lil:: uf :.;c";~r .:Inri W.:ltl.r m..in 111c.Jt.lun:; ulJtoJin<.:d ll'ulll the.. c.:itl uC u..lk 1'':'11< ilL., .:lC ~uilt con:.;t, m.:lpc. l;ct.:iilc of hurled Llcc, .:ind C.:l.; uti 1 itic:; Ol>t.:ii'h:d 11'0111 :'is!' Co, con:.:l. Ill,);''-, Acph..lt !'.:lVC-c! .:lreil,- Wl:'r,. not I"C;1tcd in conJunction with tt.l.";' ;.;urvc'~', unlc:..;!; _;hc)\",'1) oth~rwi:;('.~ #6 '_Ii -"ii, t#4Z.-' ,r;,/"7 N "',. ~/ r- ~~< - ~'"' ...~ ~ ~ ... ....... ~ ~~~" "'.-' 4L, .) ~':~ -': ~~~ L )',11, \ ~ I . t .\ ... l~ U\\ ~" ~ ~.~I I.. "!J)._ II~ ~~ l':~---~A-- .~ ... 2 ~ I ~. ~ ~ .., .. (" . .' I j7"" . .... I 'it - ,,~: ';:~3:; ~J ,~':::....=-=-~:r, '$.. I i " rfi' <-~ ~.rr"N"::.::::J ~ \ \. :.~ - J8'"4t: 'of)'''W /~"./6 "'./04 ~ iJ H .~ r. ,~~:.'f., r;, .'''. 4J/1 Gra. ~~,..~ .: J ,- }; -. .... vI- """'"4& 'of)!1-.Lr , I /1 I I ,/ J'''6 r,,' J. ---.-' . ..tll",;"c_.. ,~ ~. 74 I : ,t".~,. ~'" ., ", s~i;;-L\U ''- DuT&.Ei '. I ~ ."', . 1:a.,eoo:J),1"T\ .f ...::11 ~ ._":-l !... ...., ...M 84.... I"',.... --.. ".-. 1..)' . r,..". Me,) , I L '" ~ ~' I l;: \ $.7"__ ,\ Jo+lt>>~', I "'.I.UI'~i"., C.J'S, "JI ':i1It<<. W./uVL J!". I""'~AI. ", oS -: s., j ~4"~ p~s.:. , (iN. L,.NtI'1 .., ", .J oZ.6.", ') PA~It'~.! / of). 7' "'<". t ~ . (sI'er. r" ~ ~ ~...) ~;.t.' ~.. ~ ~ 2.. J,(~.Jt; J ~ .... rr:u-- SYW..,. ~ ,f. i:. J W'd;:~ ;; NJ,P A'~ '.'- ,'" \J P~. ({, ... \~ ~ ' , ~~ ~ ~. "", ~ ~K :"I~ - " <"'J .. ~ ~ ~ ~ ~ IH.6()' ~ ... ~ 'l. " " ~ I I ~ '" ~ = " .. .. .. .. 'ol " 4. , ~ ~~~({, t-{.t. C.rIl1WN ;l/VTII1 Jr~ '" .. .; ~ H'IY.~..., U!:I!' $" "'''''' ("'''''''''''''I.Y''''''''''' Nr., Yo Z J r) ...-'4!Ar r-#AlW4. c.-".r. "Irl!', ,... 4tIi1< Z61 " ~I'~ ,lit. ~T9 -/ 3J"~ 7 .... /71. I$" Vn", " ~o. "".I1Z .i~. ,v. Co , ""M, tI"I~" __.1;'6,r3 ,4'8Y"'Fof)'Z7"N' .z~'4-,1J5 I ha-eby C;;lTry \hal ,hi. .urvey. plan. or report was rrepared by me or under my direct supervision and lha, am a duly Regincrcd unci Surveyo, under ,he laws of -:,~~?ft..,.~..,........, Feb, 10, 1986 13774 O.,c......,.............,.."......"",...Reg.No...........,....,............, 6t>~ .57: 1Vt'. .!i.u.vc .Fwt I'f,AlN. (NI"",e,e~,.. r. ~ N.? J~ ~--N. 7:.#. Nt:>,.? /z ) 2800 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota 55101-4999 Telephone (612) 291-9333 FAX (612) 291-9313 3750 IDS Tower 80 South Eighth Street Minneapolis, Minnesota 55402-2252 Telephone (612) 340-5555 FAX (612) 340-5584 DOHERTY RUMBLE & BUTLER . PROFESSIONALASSOCIATlON . Attorneys at Law Frank Claybourne Perry M. Wilson, Jr. Jerome Halloran Henry D, Basch Eugene M, Warlich James K. Wittenberg John J. McGirt, Jr. Thomas E. Rohrlcht Boyd H. Ratchye Dean R. Edstrom Ralph K. Morris Bruce E. Hanson J. Lawrence Mcintyre Richard A. VVilhoit William J. Cosgriff James A. Stolpestad Stephen E. Smith James J. Ryan Kimball J. Devov C. Robert Beatti~ David G, Martin Jonathan p, Scoll Timothy R. Quinn Alan L Silver James R. Crassweller John A. Yilek Jeffrey B. Oberman Gregory A. K vam William L. Sippel Gary Hansen Edward F. Fox Mary E. Probst Elizabeth Hoene Martin Usa M, Hurwitz Sue Ann Nelson . Brent D. Bostrom Lori Wiese-Parks Peter Glaser. Helen P. Starr- David p, Swanson Stephen T. Braun -.----",- Ronald D. McFall Susan C. Weingartner Erin K, Jordahl Marc J Manderscheid Dawn L. Gagne Donald W. Niles Carolyn M. McCann Gena M. Setzer Martha Clark Michael R. Docherty Sara E, Rosenbloom Daniel C. Mott Margaret J. Madden Mary Beth Pawlenty Deborah B. Hilke Anne E, Brown John D, Docken . Admitted DC Only Of Counsel J, C. Foote Irving Clark John L. Hannaford Daniel W. O'Brien William B. Randall Richard H, Magnuson Carl A. Swenson Richard B. Peterson Jack W. Hanson . Writer's direct dial number: 291-9265 February 28, 1989 DELIVERED BY MESSENGER Mr. Steve Russell City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Re: Warehouse Market Dear Steve: ~agruderBuilCUng 1625 ~ Street, NW, Washington, D,C. 20036-3203 Telephone (202) 293-0555 FAX (202) 223-8790 Reply to Saint Paul office Pursuant to our are deli vering r elati ve to the telephone conversation on February 27. we to you with this letter the following, above property: 1. application for minor subdivision: and 2. the sum of $36.00 ($30.00 filing fee and $6.00 for the ordinance). It is our understanding that this considered by the Planning commission City Council on April 10. application on March 13, will be an d the I f the rear e as soon as attention to any questions possible. this matter. or problems, please let us know Thank you for your courteous Very truly yours, ~rdYS Mattison Legal Assistant FAM: jmm2 80 Enclos ur es cc: Gary D. Swager (w/enclosures) Mark Gorder (w/enclosures) William J. Cosgriff (w/enclosures) 1 I ! . :/ I / I ", I 1--, 'I 1/ _ !I~l'-.- ~ J '10'1,$ 7 - , , ff~". ,'l~l"'.M"_''''''''''~~''' r ... ' -. ");- ,:=:t .. .; . ! :' ... . <, !Ii. 1-. I, -.,. , oJ ,.....- .: . \J 0 ;.~ \../ ,-..tiS ~ - .. "~oj !-I ~ " 'Ii ~ i2. r:' (.i_ ~ \.. A r, \ '... ...~ -. . .~ i ~. ''', ~ l-.. ,oJ _ ~ ~- ,,,-:= ~.{ 1 ':...;::,:. l>- ..... t. , '(' _, ,'i'.. ./ " ,I I. , 9' ~tJ 51 S3 53 51 ! I, '". ' r ! \ . 5Zj -, " II, : .. - ~ " .. -, . ~ . . , ',j " . . ;.;..; ~ ',. '. " __ ......'4f'- - - --- -~-- ,- ~- " \ \ , , \ \ . \ \ \ \ \ \ I I I .1 " i .,\ -. --1 ~ - -~J...- -...!l \ I.B _...._~ c:: E.R .\/..\ (,'F: .~. l~. .~_,t~~~._: .,'. tLI..:.' . . . ..1 PLANNING APPLICATION REVIEW CASE NO. SUP/89-22 PLANNING COMMISSION MEETING: March 13, 1989 PROJECT LOCATION: 2103 Schulenberg Alley COMPREHENSIVE PLAN DISTRICT: Single Family ZONING DISTRICT: RB Residential Duplex, Bluffland/Shoreland APPLICANT's NAME: Daniel Challeen TYPE OF APPLICATION: Special Use Permit PROJECT DESCRIPTION: Request for a Special Use Permit for an electronic repair, use in an existing residence in the RB/Bluffland Shoreland District. DISCUSSION: The request requires a Special Use Permit because of its location in the Duplex Residential District as well as the Bluffland/Shoreland District. The proposal is to use two rooms of the existing structure for an electronic repair service. Besides a two square foot sign and new two space customer parking area, no other additions are proposed. As pointed out in the letter of application, the site is on the edge of a residential area with Highway 95 on one side and a marina.on the other. The site is not visible from the St. Croix River and is not located within 100 feet of the river's edge. The RB District use requirements allow services and businesses as long as the business does not employ more than one non-resident and if the use is not objectionable to the neighbors. RECOMMENDATION: Approval as conditioned. FINDING: The proposal, as conditioned, is consistent with the Comprehensive Plan, RB and Bluffland/Shoreland District requirements. CONDITIONS OF APPROVAL: 1. A non-illuminated two square foot sign may be installed on the property as shown on the site plan. 2. No employees other than the resident shall work in the business. 3. This use permit shall be reviewed for revocation by the Planning Commission if complaints regarding the use are received by the Community Development Director. ATTACHMENT: - Application. PLANNING COMMISSION RECOMMENDATION: Approval as conditioned. . . . February 30, 1989 2103 Schulenberg Alley Stillwater, Mn. 55082 (612) 430-3890 Stillwater Planning Commission 214 N. 4th. St. Stillwater, Mn. 55082 Ladies and Gentlemen of the Planning Commission: I am requesting a Conditional Use Permit to operate an electronic repair business in my home. Specifically I would use two rooms and an outdoor storage shed. A den would be used as an office. An enclosed porch on the S.W. corner of the house would be used as a shop and customer transaction area. It would have its own entrance. The storage shed would be used for storage of work in progress and supplies. I would repair and install marine electronics, radios, depth meters, ect.; also VCR's, TVs, stereos, and industrial PC boards. I wish to operate out of my house because I could be near my family and still be available for drop off and pick up of items during times that are convenient for my customers, such as Saturdays and weekdays before and after work hours. Also my home is well positioned as it is near two marinas for marine electronic repair in which I would specialize. The following are reasons I believe this business would not adversely affect the adjacent residential neighborhood. My land is not located in the heart of a residential neighborhood but rather on the very edge of one. One of my property lines ~ounds commercial marina property, and another bounds State Highway 95. I anticipate about two to four customer visits per day and one UPS delivery per week. I would provide two customer parking places on my property by widening my present driveway, I would limit my signage to one non-electric wood sign of two square feet. Aside from the sign and the driveway, the appearance of the house would not be altered. This business does not involve large machinery or chemical processes that would create noise or an odor. The following are fire safety considerations, No flammable liquids or materials are used in this business, The home's wiring is up to code with a 100 amp service. No increase in electrical capacity would be required. Smoke alarms and fire extinguishers would be in place. Soldering stations would be shut down when I am not present in the shop. Enclosed is a site plan drawing illustrating my property and the proposed changes. I thank you for your consideration of my request. Please contact me if you have any questions or concerns I have not covered here. Sincerely, ~~ Dan Challeen , AC loa ..- , , Case Numbe;~;t'jii:Z'::d..l.J t:& . s-o 0/ Fee Paid _______________ Da:e fiied __:l.!/-EJ_____ '. .:...,. .PLANNING ADl\AlN!STRATlVE FORi'v\ .,. - ~ - ;;':." - ,.:,..",:. .-~. ;.: Street Location of Property: }..1-Q.:l_~Qby~.nhf'.r...c:._U~;rr-S.:t.ill~~------ . .. -- ..... L . I Descr.lp..lon of Property lot 2 I see.. 21 twn. 10 YOn' 20 . . " ,.. ago. : ---------------~---------~~-~--------- . .. . -- ..... - .. ...:.:.~#"~~: ::~.... -~-:.'.:: Owner: N eme JL~n.iEil_@.n~L]2J:.D.r.ar...~G.b.alleerL---------~------------- Address_~l~}_~~h~lfD~~r~~~~~~______ Phone:~~~~a~339D__ A. _'_I~,...!"'..... 'r.; """h",!,, tL!"'n cw"'er'. N....me ' "...,aJ.............. \.. _.,.__ I1\.4.l. J&). . ..... -----,---------------------------- . . - , .. . Address ______________________________ Ph_,?ne: -______________ .. ~:.-.:..:.:". . _ ..... ' ~, . ~.,: .'_-.. 'w: -'., - ........ " - .... . ..... .... -",. -. -- - - - - -: --- -- .~.~ .7'.-;.~::_:._;: '~:.:-:- :=....... . Type or Request:' ___ Rezoning .~__ Approval ~:(Preliminary P[ct'- .~::..':./5~J~lf;~ . 7.__ Special Usa Permit ~__ Approval of Final Plat. . - ... <'.:.'~~;~:, ___ Varianca .:.__ Other _________~_________ . , .... . Description, or Request: _!Q_.llj;jJ.j.-ZJt.:.1'tL~-i:QQm~-.Q.f--f1mn.e.~d.~~e.---...~--.~.: . .:'~5~_O_O!_~s..t..o_r:~~~_~~~g_f~!'_~1..e_c..t~q,Q~&_r~rgi.r__b_1k'i.l1'lP.:'3..ll...______~____ . . ,.. . :. . ---------------------~::~~-::;-~~~~~::~:]ffi_;jt}i~ .7: "'-"'-'-.--'';-;. Da+a 0-,-- PubI.IC Hear.lng.. . --------------------------------------------- .. ----- - .. - .- NOTI: S~etc~ of proposed property and structure to be drawn.on back oi this form or a.t- .. -- . .-~'-,..".;' ta~ed~ showing the following: :_ _ ., , . ' _. . ~ 0.. 'J 5? :(< q ;,'?~ . ' 1. North direction. . :"', - 1/ ,Jj , . // '. '. 2. L~catio~ of ~roposed s:ru~ture on lot. :;; ..!'~ ,~t~ '~ " 3. DlmenslOns ot iront ana SIde set-backs. ~ ~r' ~t) ~. 4. Dimensi~ns of proposed structure. ;~ . .f 511~J...~ --- 5. S tree: nGIr:es. , .. ,. , . . ';P ., \1"f or ~,.~ft, C;:;' 6. Locatlo,n .Ot ad),o.cent e:astmg bUlldmgs:~/J S,I'..~~..... ~ ' , 7. Other 1I1IormatiOll as may be requestea. ~~". - . - - ..~ V ~. ~# App.rovcd I~_ Denied__._ by tho 'Pl~nning Commission o.n -tl-~fi.-- (da~ 222\ subiect to the !ollowing conditions: k_~_~~~-.---..;--- ) '- -------------------------------------------------~---------------- . Approved ___ Denied ___ by the Council on ________________ subiec to t,ha following conditions: ___~__~_________~______~~~_________~;.:.~___..:__:.. . . .( ..' ..." ..' '....:-... - . -----------------------------~----~-~----------------------------- .. ,; .,.:.,.!:;~ ~~::en:~:,. .~~ ~~.~Ol~:r '. ~~d~a),:. :~~.~ ,~~: ,.',; ~.:~.-~..t...:/~ SC;~r~;,,::i_~;;~~~;~c:~.::~:~!,J~it.r~:I~ , . ...-..-..----..- ...-...-.-.-....-.:...-.. - . H i~hw(tY qS Y'i9ht 0-( way I" ::20' Hi~"Wtt1 'IS \ . WolF Marine /501 >-, '::S ~ <l.l ~ Lot beJDi'\3if19 to Dan QVld Deb ChaJleen 10'x/50' 2/03 Schvlel'lbel'j Alley ~' B ~ -0 ;- s: V <I'l ~ ~ k. (jJood 5 ;'" n. -;z.. s,'l (. 'l't, - - ... ... - ...- -I I Pr"o pose.d I ,I Po.. ( ~ 'j/1 ~ ' \ area.. } HOU5 e. jr L--fl I 1 I I I Alder street ~ /l. ..q tf.j. ~ Po''''"'''1 .( (A Q: J \ I . "1 20:2.35c.h..tlel'\ber'j . i N '72. '2 E. , A/del" -\- ~ ~ 't- \1) v 11 ~ 1 I' 1 . 2' ~ MARITRONICS -- Electronic Service and Repair Customer Parkin Sketch of proposed sign. +- Norlh ./ ./ C (eJ "Jx e,"- ':\~ '(' Sketch of house and shed showing walkway and wider driveway. . . ", STATE OF {r.J1 [N][N]rn~@'IT'~ ~-ur'\ ( DEPARTMENT OF NATURAL RESOURCES PHONE NO, 296-7523 METRO REGION DIVISION OF WATERS 1200 WARNER ROAD, ST. PAUL, MN 55106 ---7>:$::~ ~~e--i( ~~ FILE NO, . . March 13, 1989 Mr. Steve Russell City of Stillwater 216 N. Fourth Stillwater, MN 55082 RE: CHALLEEN SPECIAL USE PERMIT Dear Mr. Russell: Metro Region Waters has reviewed the SUP for Daniel Challeen to set up an electronic repair shop in his existing residence. We have no objections and agree with your conditions. Thank you for the opportunity to review this proposal. Sincerely, 1\.o\~ ~~<b~ Molly Shodeen Area Hydrologist . M272 :kap AN EQUAL OPPORTUNITY EMPLOYER ~~~ ,~ .#. . Otil~te~ '" ;-;~'" H'" Of .,,,,, 0 ~':l TO: FROM: DATE: PLANNING COMMISSION PLANNING STAFF MARCH 9, 1989 SUBJECT: AMENDMENT TO THE GENERAL COMMERCIAL CA DISTRICT BY REPLACING IT WITH A NEW CENTRAL BUSINESS DISTRICT, CBD. CASE NO. ZAT/89-,5. As a part of preparing the Downtown Plan, the existing land use and zoning were reviewed. As a result of the review changes were recommended for the Downtown Commercial District to better reflect existing activities. Existing land use and zoning in the Downtown is shown on Maps 1 and 2. Map g shows the existing lA, IB, and CA areas that are proposed to be rezoned CBD, Central Business District. The change in zoning will eliminate heavy industrial areas from North Main Street and allow retail, service, and office uses as well as light industrial and residential with a Special Use Permit. A copy of the new zoning district use and development regulations is attached. . RECOMMENDATION: Approval. FINDING: The amendment is consistent with the City Comprehensive Plan and the Downtown Plan. PLANNING COMMISSION RECOMMENDATION: Approval. . CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121 CENTRAL BUSINESS DISTRICT . Purpose: To provide a district for general community commercial, office and entertainment uses. Principal Permitted Uses and Buildings The following uses are permitted uses: . - Administrative, executive and financial offices. - Medical and dental offices. Business and technical schools. - Schools and studios for arts and crafts. Photography, music and dance. - Professional, editorial, real estate, insurance and other offices. Stores, shops, general retail and offices supplying commodities and performing services for city residents and surrounding communities such as department stores, specialty and antique shops, banks, business offices and other financial institution and personal services, enterprises such as barber and beauty shops, laundry and clothes cleaning establishments. - Manufacturing of baked goods. - Establishments selling china, floor coverings, hardware, furniture, household goods and appliances, paint, paint wallpaper and material and objects of interior decorating. - Clubs and lodges. Permitted Special Use with Special Use Permit: The following uses are permitted by Special Use Permit: - Commercial recreational uses. - Restaurants, cafes and other food service establishments. - Private parking facilities for more than five cars. - Temporary structures. - . Commercial, recreational and entertainment. - Residences of all classifications. - Printing and publishing or lithographic shops. - Supermarkets. - Drive-in restaurants, eating places or any other use involving a drive-in or drive-through activity. - Funeral homes and mortuaries. - Transportation stations, terminals and facilities. Public utility transmission lines and facilities. - Outside eating establishments. - Outside entertainment. Commercial* - Helipods. - Service stations or fuel sales. - Outside sales or storage* - Hotels, motels or other uses providing visitor overnight accommodations. - Clean light industrial compatability with surrounding areas. * Special events may be approved by the City Council. . Use Determination A Special Use Permit may be required when any other use or service establishment determined by the Planning Commission to be the same general character as the foregoing uses and which will not impair the present or potenti a 1 use of adjacent properti es may be permitted. . . . General Regulations: A. Height of buildings - maximum - minimum - infi 11 B. Minimum lot area c. Setbacks - - front - rear - side - lot coverage - landscaped area-minimum 4 stories 2 stories within 10% of bui lding. 10,000 square feet 50 feet 25 feet height of adjacent 15 feet 20 feet 20 total for two sides (10'-10' or 0-20 I ) 80% of lot area 20% of lot area Exceptions: For infill lots, the front, side, rear setback shall be similar to the setback for the adjacent lots. D. Screening - All outside storage areas shall be screened from public view. i 1Y14(J3.. L!!.J Helail Business QJ Service Business Ihcluding Offices) IT] Eating or Drinking Business o Manufacturing-Distribution-Construction Industries ~ Railroad l~ School, Ubrary, or Church o Park ~ Single-Family Housing ~ Multiple-Family Housing IPKGI Parking W Undeveloped I I ST. €ROIX RIVER I I -< :! '" ;;; I p I I RR I PKG WATER mGJllHE R ST. ~ ~u SR E E R R R I n r:l ~ m [illffi'"' LJ LJ~ ~ Iii '" ul -SF. - r;: =;F . ~ - i ITl:JIS ffi- . ~ ~ LLJ:1JS - is. ::> M~ E I- SF__ SF U , U ;~ im [[]] [ill rn~ ~ ~lh(L;J ITEJ ~ [[E ~~ M SECOND ST, ~i!rn; : THIRD M ST, MF ITPJd( mJd ST, ;ru tmJrnmJ ffifm E E M I SF Iii -' ~ 5 p R I MI dc' f- ~ - SF - T -- -- S i ml I FOURTH I JF sL f-1- -, .-. ._- ,.-- -- s-- '1 FFTH ST, D: ~ STaLWATER DOWNTOWN PLeN .... Existing land Use 111111 J.. , ~~ I }: ! I , I I I , i I i I , I I , I I I i i I ; i I I 1 ! , I I i i ~ , ! I I r i ,-- I I I : j , i.1 I. 18 II ;,1 .!j ;.1 I ~ I I I I ! " "1 " I I , ' 't: ,/ i ST, CROIX RIVER ~ RB , ", '-.....; " ( >'" ~ rTIm ~ OA /-:1T} , ',~ ~~ L1.luJ ~ // Ll.il':', . ------ tttM~;uiillTI ::1 UTn OA ITIJ I rn j ~ 11=~EtJ [I f I ~ orHJJ- G G ~ m- [ffiill>-' SECCUl illillST' .UB] RB RB, ' >-' (I) . li; t;; t;;- ----(I) I >- li; Ii; QljJ..J~ I ,,"- - ~ "" -I i - b. -lei ~ THIRD ST, m [ill]] B1ilJtffiEJ ST, ill]] tHE lffiffi tffiEJ 1 ~ ~ I RB >-' (I) -' ~ ::5 RB 1I11}f~ ~~ Medium Densily Resldenlial I RCHI High Densily Residenllal fCAl General Comrnerdal ~ General Ught lnduslriaI [!] General Heavy Industrial -- Area Subject To 100-Year Flood - Blulfland/Shoreland District ~ RB RB ,.. , I ~ RJH dA ~ci Iii fl. lE]B STILLWATER DOWNTOWN FOUHH -f- f- R M- - - 1- - FFTH Jii~ iP'1 Existing Zoning I J...., fi) ii! , Iln..I.I1 IvluulUll1 UUIl~lly He:.;IUUilllW IRcHI High Densily Resldenllal lID General Commerdal ~ General Ught Industrial ~ General Heavy h:luslrial -- Area Subject To 100-Year Flood - Bluflland/Shoreland District IYJ lIT' ~ ST. CROIX RIVER \ \ " ~~ . ~"f.~~_~~~ +-Ot\It\~ ~ /:'~ lA'-I.t3 (L'1."'~J. U.e~u~~.TN"'-f)rL;M) If~o~.e.~ t:.B ~ I.... .,J J n.. \. ..-=or - It.r. t , ~ f._ J, '- --' - J \~RS . RS---~ ~ RS I RS (I RS _____ RS ..... , ~ · J I fA D::'ITf;r..<LL,1 I I ..~- " /. / 1~71'h if'l cdrn [[]3]J]] V/o1 "'" _ f I I 1.J4 MAiN", ST, ,/ r If ~ II ~ 1)1' ~illJEill--~---:--::I:- - T- ) I ~~ " ' ITBIJ [[Bl]] ~ fI1~ LJ.- '-' RS I rl Ii I,I,! ,CA 0 fA I m or] rn~ '1' . ~ITI;G'-I;I--~~Ji[]]J]]i J. ~ f~' ~ITf.rnirn+o;~~ lfl J1M- i RS 5__L_o_ - UlIW::; ];y LLOJJoWlU -I I 1\ ~, SL .&ht, '~:~1;~ Il~" ~i [ffiJJ ffiilli[ffi[[] PILD J JI'" ~.1 ~ f1 JI') TH SL (1'~~c;)~~I~S~:: ~ ~--- ffiill tHlJ mIll [ffi[[] RS '" RS " ~ "" "" ~...... ~. J r..; " ( '. / : jRst ~ CE[,;,AS ST. 1 I-' lJ) RS m gj 5 AS - . FFTH ST, ~ Existing Zoning fj) LLWATER DOWNTOWN P N b n D I I I I I I I I I I I C. .K.' ., .. --'-, - ,- . . . ~il~te~ ";:"",,,,, " .,""o~ TO: FROM: DATE: PLANNING COMMISSION PLANNING STAFF MARCH 9, 1989 SUBJECT: AMENDMENT TO THE ZONING ORDINANCE CHANGING IA & IB ZONING DISTRICT TO CBD, CENTRAL BUSINESS DISTRICT. ZAM/89-3. This amendment is related to ZAT/89-4. That amendment changes the CA General Commercial Zoning District Regulations in the Downtown to a CBD Central Business District designation. This amendment rezones Downtown commercial areas from existing lA, IB, and CA to CBD Central Business District. The changes are shown on Map 3. The industrial areas are cross hashed and the existing CA District is outlined. The proposal was considered in the preparation of the Downtown Plan and is a part of the implementation program. RECOMMENDATION: Recommend approval of amendment to City Council. (Resolution). FINDING: The amendment is consistent with the City Downtown Plan, a part of the City Comprehensive Plan. Plann"ing Commi.ssion Recommendation: Approval. CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439.6121 . , CENTRAL BUSINESS DISTRICT . Purpose: To provide a district for general community commercial, office and entertainment uses. Principal Permitted Uses and Buildings The following uses are permitted uses: - Administrative, executive and financial offices. - Medical and dental offices. - Business and technical schools. - Schools and studios for arts and crafts. Photography, music and dance. - Professional, editorial, real estate, insurance and other offices. - Stores, shops, general retail and offices supplying commodities and performing services for city residents and surrounding communities such as department stores, specialty and antique shops, banks, business offices and other financial institution and personal services, enterprises such as barber and beauty shops, laundry and clothes cleaning establishments. - Manufacturing of baked goods. - Establishments selling china, floor coverings, hardware, furniture, household goods and appliances, paint, paint wallpaper and material and objects of interior decorating. - Clubs and lodges. Permitted Special Use with Special Use Permit: The following uses are permitted by Special Use Permit:" . - Commercial recreational uses. - Restaurants, cafes and other food service establishments. - Private parking facilities for more than five cars. - Temporary structures. - 'Commercial, recreational and entertainment. - Residences of all classifications. - Printing and publishing or lithographic shops. - Supermarkets. - Drive-in restaurants, eating places or any other use involving a drive-in or drive-through activity. - Funeral homes and mortuaries. - Transportation stations, terminals and facilities. - Public utility transmission lines and facilities. - Outside eating establishments. - Outside entertainment. Commercial* - Helipods. - Service stations or fuel sales. - Outside sales or storage* - Hotels, motels or other uses providing visitor overnight accommodations. - Clean light industrial compatability with surrounding areas. * Special events may be approved by the City Council. . Use Determination A Special Use Permit may be required when any other use or service establishment determined by the Planning Commission to be the same general character as the foregoing uses and which will not impair the present or potential use of adjacent properties may be permitted. , < . General Regulations: A. Height of buildings - maximum - minimum - infill B. Minimum lot area 4 stories 2 stories within 10% of building. 10,000 square feet 50 feet 25 feet height of adjacent c. Setbacks - - front - rear - side - lot coverage - landscaped area-minimum 15 feet 20 feet 20 total for two sides (10'-10' or 0-20' ) 80% of lot area 20% of lot area Exceptions: For infill lots, the front, side, rear setback shall be similar to the setback for the adjacent lots. D. Screening - All outside storage areas shall be screened from public view. . . ~, i 1t1A(J~ UU fletail Business QJ Service Business (Including Ollicesl m Ealing or Drinking Business o Manulacturing-Ilslribulion-Construction Industries r RRl Railroad l~~ School, Ubrary, or Church o Park ~ Single-Family Housing L~ Mulliple-Family Housing ~ Parking [TI Undeveloped I I ST. €ROIX RIVER I I -< :t '" .:. I I I RR RR p p p PKG I 8 G~~~ ~11.I;ffim- -~ - - ~ 1TT.:Tl~ ffi _.~ ?i ~ ~5~ ~.. i Ml E -~ SF U IT U WATER ~ g~ ~ ITEJill ~ rf1g ~~Lh(L;J [[D ~ UE~~ M SECOND ST. i~iljjr: . 1HlRD M ST. MF ~ fllill( rnI] Sl, -. ~ ~ IJ ffiE B ffiffij ST. 81m ~SR E E R R R I E ~ Iii ..J ~ 5 p R I I 1M. slc - I- -. -- Sf- ~.. - -- >- 1--. -1- -- -I- S i rnm I FOURTH I FF1H ST, g. S~LWATER DOWNTOWN pIAN IiJ!Imrlr8 Existing Land Use 1I11J.1 J.. ~' ~ , , I I , i , i I I ; I , ii I,: IS " :! . ~ i ;1 I .' ; I I I I ! , , j i i I I ., -, ! I I i , ~i;' , I . i i " - Jj I' : I I::: 1" . II i " RS , "" ", " IS ( " ,,- , WATER S1. @~. . ~ RS '... ~ [[[[] ~ ./ ", I '~~ ~~ C ~ ././ CA.'.! . ------ tffi6~i~1J H O-Dl ~ : rn I (]; j .. 1l=~EtJ 0 1. I ~ DrJIJJ' GG ~ m- [ffi1]t-' SECOND ffi]lST. .ffiBJ RS RS. . t-= U) . Ii; Iii Iii- _!J) I >- Iii Iii IlL; 1m -Rc,r ~ ~c~._ ~ - RCM- - ! g- bA - ~ "c,- ~ LL:Lu~ ~- ~ - -:. :. is ST. tam fill]] [ffijg[8Iffi i, oIrn rrrn [fJJ] []JJJ]J I, 0Iill [[]J [J]]J LillllJ ~. RS tii ..J W ~ :.5 RS 1I1'h'~ [!i~~ MlJUIUlll UOlIsily Hc;;idelllial l~ High Densily Residential fCAl General Commerdal ~ General Ught industrial o General Heavy Industrial Area Subject To 100-Year Flood - Bluflland/Shoreland District ST. CROIX RIVER THIRD FOURTH ffiffij - - - .. - FFlH ST, 't ~. iii, 4 Existing Zoning 1 1 ,I' STILLWATER DOWNTOWN 11!111 L... fj) ill , 111\.1.11 IvluUIUlI1 UUII~lly 1tU:;luuilllal IRcHI Krgh Density AesldenliaJ ~ General CommerdaJ ~ General Ught Industrial ~ General Heavy Industrial -- Area Subject To 100-Year Fbod - Blullland/Shoreland District In"", ~ ST. CROIX RIVER \ \ --- f::. J ... ~"'I,_~~~~ l-Ot\'t\~ ! (/:::"\ lA ~ I. 6 (/..11' ~ ~ -I- U..e ell ~ ~ "... ) rL;M ) Ir~o~~.,(. ~(J ~ _. .-J _ -1 n..-,,~ - - .~ =or - l .2 - t , [).-. t. ~ -- I I~~B . ... -~ ) l:; RB ~" " "'~ . J : (tuw:lLl,111 CA~ " ~ / IA/IA 1~m ffirn CI:GIIJ] V/crr- """ _..4 ..J. _ I LJ<< MAN'".......__S!;..___________/ I' Y J)1 Y I)) J l~ i[]]fd]J ITBIJ OSID !!l?J ij1; ~ J. " ,J I, 111l=~r~ D j. I~ ~ill' T · -~ ~nJ~n'.-I;r -1~iDJJJIJi J. . } ~;' "rrfrniDI]]; ~~ "I ,,~; RS ~__L_~____ IJJIUJ:. ~~ UIWo[J]] -I I \ ... ", Sf, . &' ~ · ,":~l;~ .t~" ~r ffiill ffi[[]~ffiHB p.~ J ".,',.1' /1), I '" " ~ '~~:;::p~.S ~ , J ,- [ffiJ ffilJ till]] mm ~ FFTH Sf, ,~ ~ RS '" RS " ""'- " A..~ "" '-..J . . ~ (;", ~ CEIJ;,RS ST. I: ,..: IF) RS m ~ :5 1 RS LLWATER DOWNTOWN P ~ Existing Zoning ff) II11I1 . .. .. N n n D I I I I I I I I I I I ., L~ . . . ~ r illwater ~ ---~ -- ~ THE BIRTHPLACE OF MINNESOTA J TO: FROM: DATE: SUBJECT: MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR ~ MARCH 30, 1989 SECOND READING OF AMENDMENT TO CHAPTER 31.03 OF THE CITY CODE. THE RIVERWAY BLUFFLAND/SHORELAND ORDINANCE. On February 7, 1989 the City Council reviewed and approved for first reading, an amendment to the City Bluffland/Shoreland Ordinance. The Ordinance has since been reviewed by the Planning Commission on February 13, 1989 and recommended for approval to the City Council for adoption as consistent with City Comprehensive Plan, Zoning and Minnesota Standards and Criteria, Chapter 6105.0351-6105.0550. The amendment does three things: (1) reorganize the Ordinance in a more understandable format; (2) clarifies the terminology and processes used in the Ordinance consistent with other sections of the City Zoning Ordinance; and (3) mak~s some changes in the regulations recognizing the differences between the City of Sti llwater and underdeveloped rural .areas along the Lower St. Croix. The changes are consistent with the Lower St. Croix Master Plan and Minnesota Rules part 6105.035 to 6105.0550. After first reading, the amended Ordinance was referred to the Department of Natural Resources and the Minnesota/Wisconsin Boundary Area Commission for review and comment as required. Comments were received from both agencies (attached). All DNR and Boundary Area Commission comments have been responded to the extent possible in the Ordinance. If the Ordinance is approved by the City, it will be presented to the Commissioner of Natural Resources for certification. After certification and publication by the City, the new regulations will go into effect. RECOMMENDATION: Approval of amendment. ATTACHMENT: - Ordinance Amendment to Chapter 31.03 of City Code Bluffland/Shoreland regulations. - Letter from Molly Shodeen, DNR, March 8, 1989. - Letter from Dan McGuiness, MWBAC, March 13, 1989. - Letter from A.W. Clapp III, Special Assistant, March 13, 1989. CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612.439.6121 . ~[NJ~T;@lJ'% _IROEPARTMENT OF NATURAL RESOURCES METRO REGION WATERS - 1200 WARNER ROAD, ST. PAUL, MN PHONE NO. 296-7523 ~ .~/ ~~ 55106 FILE NO, March 8, 1989 Mr. Steve Russell Stillwater City Hall 216 North Fourth Stillwater, MN 55082 RE: ST. CROIX ORDINANCE AMENDMENT PROPOSAL Dear Mr. Russell: Metro Region Waters has completed its review of the proposed amendments to your St. Croix Riverway Ordinance. The majority of ....7 the amendment process is to include in your city code all of the language in text form, instead of by reference. We have no objections to -this process since most of the language is either embodied in the Washington County model ordinance or the Lower St. Croix standards and criteria. We do feel that in the areas where you propose to adopt the rule, it should be quoted verbatum without modification. Most of our remaining comments relate to citations or spelling, etc.. Our comments follow primarily in the order of presentation in the document. .. . . . Reference to the Minnesota standards and criteria: the agency rules were all re-codified several years ago. Instead of N.R...they are now Minnesota Rules Part 6105.0351.. .etc.. This reference should be corrected on pages 1, 10, 12, and 13. 2) Page 1 Subd. 1 (6) should be "conserving". V 1) ., ~~. :/ 3) Page 1 Subd 2 1 (A) last line should be "to" instead of ~ "by"? 4) 5) Page 2 (B) last sentence should be "below" the ground. ....,/ ,#. ~....\:... , . i:", ~... :..lI.,!.... Page 7 and elsewhere: When you deleted your current language on uses, it appears that barges were left high and dry, so to speak. We are wondering if that was intentional and how you propose to deal with the existing use. ..., ...--" 6) Page 9E(i) should read, "On lands within 100-feet of the ordinary high water mark and 40-feet landward of blufflines and on slopes greater than 12%, there shall be no..." t/ AN EQUAL OPPORTUNITY EMPLOYER . . . Mr. Steve Russell March 8, 1989 Page Two 7) Page 11 10E should be the exact language found in the St. Croix regulations and should not substitute the phrase "building face increase" for "structure" in the 4th line. 8) By removing the existing model ordinance language (601.02 (3] ), there no longer is a provis ion to add decks onto substandard structures. We are wondering if this was an oversight. 9) y-' Page 16 6A, 2nd line should read "requested". 10) Mr. Magnuson told Bill Clapp of our Attorney General's office the City would hold a public hearing to determine if a project would be "visually inconspicuous" as it pertains to Subd. 10 E. We do not see a reference to this process in your ordinance. There must be a mechanism in the ordinance that will provide the DNR with notice when, and if, the Councilor Zoning Administrator will be making such determinations. Page 12 - 13 would probably be the appropriate place to insert your proposed process language. As we stated, the amendment requests are substantially the same as the language contained in both the Washington County model ordinance and the St. Croix Rules. Once the ordinance is adopted, please forward a copy to us for certification. If the language is exactly the same in the areas we have commented on above, we would anticipate an action of certification by the Commissioner. Sincerely, ~a\\'~ ~~Lr--- Molly Shodeen Area Hydrologist cc: Bill Clapp, Attorney Generals Office Sandy Fecht, St. Paul Waters Ron Harnack, St. Paul Waters Dan McGuiness, MWBAC M282:lkr Il. q - ((~ f,. ~ v-' MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION ., 619 SECON~ STREET, HUDSON, WISCONSIN .54016-1576 .' ..~'" ServUlg Our Sponsor States on the St. CroIX ' ,,' and Mississippi Rivers since 1965 Wisconsin Telephone (7151 386-9444 Office Hours, 8 A,M. . 5 P.M. Monday,Friday March 13, 1989 TO: Community Development Department City of Stillwater, Minnesota FROM: Dan McGuiness Minnesota-Wisconsin Boundary Area Commission SUBJECT: Review Comments Proposed Amended st. Croix Riverway /Bluffland /Shoreland Development Ordinance .. I have reviewed the proposed amended ordinance, transmitted from your office on February 8, 1989. I have compared it with the MODEL CODE FOR WASHINGTON COUNTY COMMUNITIES. I have also taken the latitude of thinking ~bout the proposed ordinance ih the context of the Master Plan for the Lower st. Croix National Scenic Riverway and the Minnesota Regulations, 6105.0351 (minimum standards and criteria). As a result, and for your consideration, I offer the following staff comments: 1. ~he Master Plan for the Lower st. Croix River, on page 2, says "the overall goal of the plan is ~to preserve the existing scenic and recreational resources of the Lower st. Croix River through controlled development'." I have reviewed your proposed ordinance to evaluate the manner in which it helps the City control development consistent with this goal. 2. The above-referenced Minnesota Regulations and MODEL CODE also stress the importance of providing regulations that result in the protection of natural resources and natural scenic values. . 3. Your proposed ordinance, through regulation of uses, grading and filling, vegetative cutting, and through set back requirements for structures, has a purpose that needs to be emphasized. (You could do it through a preamble to the ordinance, although this may not be the best place.) This "preamble" should point out that the regulations exist to do three things: (1) Protect the river resource itself (i.e. the quality of the water as for natural habitat and body-contact recreation uses). (2) Protect the river bank topography and natural plant and animal habitat. (3) Protect and preserve the scenic qualities of the land adjacent to the water for people who view those areas from the river. ,:,.' r.b':oCb ,...'" ~ \ - ~. . page 2 Stillwater While other regulations of the City may have other goals (i.e. zoning for compatible uses, efficiency of public services, human health, safety and welfare, etc.) this ordinance has a purpose that is directed toward protecting and preserving the resources and values of a National Wild and Scenic River that flows through your community. I have the following specific comments: 4. Paqe!.=. "Visuallv Inconspicuous" The definition, as stated, gives the appropriate emphasis to the view from the river. It also, therefore, requires, that any determination of compliance (past, present, or future) requires that a direct observation be made from the river or that a photographic or video representation be provided. In short, if you are making a judgement that something is visually inconspicuous (or will be), you must have some way of knowing how the property looks from the river. . For example~ your proposed ordinanc~ provides.that a persom may be able to enlarge a substandard structure (per page 11, Subd. 10. (E)) only if "the building face increase will be visually inconspicuous in summer months as viewed from the river". Then, to make a sound decision, you (the zoning administrator ~nd any other decision makers involved) must view the existing structure, (a) during the summer months, and (b) from the river, to determine.the extent to which the existina structure is presently visible and to judge the extent to which the proposed alteration will change the appearance of the structure as viewed from the river. There may be some cases where this determination .can be made by viewing photographs or video tapes, or from a land-side insp~~tion. I would strongly urge you, however, to handle this through an on-site inspection, including a river-view, whenever there is the least bit of doubt about compliance. 5. Paqe 2L ill ~ I believe it should read (add underlined words to existing statement) "(i) Permit required. On lands 100 feet of the ordinary high water mark or ~ feet landward of bluff lines and on slopes qreater than 12% there shall be no vegetative cutting of live trees or shrubs without a permit from....(specify who to get permit from). 6. Paqe 2L ill ~ (ii): delete "to the maximum extent" from the last line, so it reads "continuous canapy cover is maintained as viewed from the river." ~......~ 7. ~.!.Jh. ITl (i) (D): should read "(D) durinq construction temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted. L/. . . .' . Page 3 Stillwater 8. Paqe llL Subd. lQ ~ It is in making this determination, in particular, that a personal view from the river, or at least photographic or video documentation, is needed in order to make a determination of "visually inconspicuous in summer months as viewed from the river". Here or elsewhere, the requirement for providing this documentation or requiring an on-site, from-the-river, inspection, should be spelled out. ~ 12L ill (A) ~ The first criteria you list when determining whether or not to grant a conditional use permit, variance, subdivision proposal or zoning amendment is the extent to which the proposal affects your goal of "preserving the scenic and recreational resources of the st. Croix River, especially in regard to the view from and use of the river." Again I emphasize the importance of decision makers making this determination through on-site visits, viewing from the river the land or structure under consideration, or having adequate photographic or video representation. Exhibit A: Your map showing the Riverway Boundary is accurate for purposes of regulations governed under Minnesota regulations. You should be aware, and may want to note, that the lands under the jurisdiction of the City of Stillwater on the Wisconsin side of the River are governed by regulations of st. Croix County and the minimum standards (NR 118) of the Wisconsin Department of Natural Resources. You may want to indicate this on the final map, if appropriate. cc: .... Molly Shodeen, MDNR Dan Koich, WDNR . . . ..,~ , '.....,'. '. . . . HUBERT H, HUMPHREY, III ATTORNEY GENERAL . . STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL ST. PAUL 55155 March 13, 1989 Mr. Steve Russell Stillwater City Hall 216 North Fourth Stillwater, Minnesota 55082 Re: St. Croix Ordinance Amendment Proposal Dear Steve: \ \ l-/ ADDRESS REPLY TO: SUITE 200 520 LAFAYETrE ROAD ST. PAUL. MN 55155 TELEPHONE: (612) 297.1075 Referring to Molly's letter to you of March 8, her paragraph 10. One way to do this would be to add at the end of 10E "as determined by the Board of Adjustment [or City Council] after public hearing." . . AWC:lkr cc: Dave Magnuson Molly Shodeen Very truly yqurs, .--..., '." (. L:': ,/"') . =:-<: If --/~,. ~~......''-1::~ '-"\jt.r . , A. W. CLAPP III Special Assistant Attorney General AN EQUAL OPPORTUNITY EMPLOYER ~80S . . . ORD I NAN CE AN ORDINANCE AMENDING THE RIVERWAY BLUFFLAND/SHORELAND ORDINANCE STILLWATER CITY CODE 31.03 The City Council of the City of Stillwater does ordain: Subdivision 1. PURPOSE. This Ordinance is adopted for the purpose of: (1) Designating suitable land use districts along the b1uff1and and shore1and of the Lower St. Croix River. (2) Regulating the area of a lot, and the length of b1uff1and and water lot frontage suitable for building sites. (3) Regulating the setback of structures and sanitary waste treatment facilities from b1uff1ines to protect the existing and/pr natural scenic values, vegetation, soils, water, and bedrock from disruption by man-made structures or facilities. (4) Regulating the setback of structures and sanitary waste treatment facilities from shorelines to protect the natural scenic value, floodplain, and water quality. (5) Regulating alterations of the natural vegetation and topography. (6) Conserving and protecting the natural scenic values, historical and cultural resources of the river valley and maintaining a high standard of environmental quality consistent with the National Scenic Rivers Act (PL 90-542 and Lower St. Croix Act (PL 92-560) and Master Plan, and with Minnesota Department of Natural Resources Standards and Criteria for the Lower St. Croix National Scenic Riverway (Minnesota RuLes Part 6105.0351 to 6105.0550). Subd. 2. DEFINITIONS. (1) Construction. (A) In the event of conflicting prOV1Slons in the text of this Ordinance, and/or other Ordinances, the more restrictive provision shall apply, The Community Development Director shall determine which is more "restrictive". Appeals from such determination may be made to the Ci ty Counci 1 . i , (8) Words used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory, the word "may" is perm is s i ve. (C) The provisions of this Ordinance are in addition to and not in replacement of other provisions of the Zoning Ordinance. Any provision of the Zoning Ordinance relating to the Lower St. Croix Riverway shall remain in full force and effect except as they may be contrary to the provisions of this Ordinance. 1 . (D) Unless otherwise specified, all distances shall be measured hori zonta lly. (2) Definitions. For the purpose of this Ordinance, certain phases and words are hereby defined as follows: (A) "Accessory Usell means a use subordi nate to and servi ng the principal use on the same lot and customarily incidental thereto. (B) IIAppurtenancell 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. . (C) IIB1uff1ine, Riverwayll 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% and it only includes slopes greater than 12% visible from the river or any water course tributary to the river. The location of the b1uff1ine for any particular property shall be certified by a registered land surveyor or the zoning administrator. More than one b1uff1ine may be encountered proceeding away from the river or adjoining watershed channel. All setbacks required herein shall be applicable to each b1uff1ine. (0) IIBuilding Linell 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) IIChanne111 means a natural or artificial depression of perceptible extent with a definite bed and banks to confine and conduct flowing water either continuously or periodically. (F) "Commissioner" means the Commissioner of Natural Resources. (G) IIConservancy" 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) IIDwelling Unitll means a residential accommodation which is arranged, designed, used, or intended for use exclusively as living quarters for one family. (I) IIHarbor" 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 are constructed by dredging. 2 . (J) "Marina" means an area of concentrated small craft mooring, where ancillary facilities may be provided for some or all of such services as fueling, sewage pumpout, boat launching, boat repair, and boat storage; except that marina 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. (K) "Non-Conforming Use" means any use of land legally established before the effect ive date of th is Riverway Bl uffl and/Shore 1 and Ordinance 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 areas 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, City Code 31.03. (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; perpetua lly he 1 d for the benefit of the peop le_ of Mi nnesota; 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 except for enforcement of the easement. (0) "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 any 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 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. (Q) "Slope" means all lands between the ordinary high water mark and the riverway boundary having an angle of ascent or descent of more than 12% (percent) from the horizontal. 3 . .. . (R) liSt. Croix Riverwayll means all lands and public waters within the riverway boundary subject to these regulations. (S) IIStructurell means any building or appurtenance thereto, including garages, decks, docks, and stairways, Except transmission services. (T) IISubstandard Structurell means any structure legally established before the effective date of the Bluffland and Shoreland Ordinance which does not meet the structure setbacks or other dimensional standards of the Ordinance. (U) IIVariancell 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) IIVisually Inconspicuousll means difficult to see or not readily noticeable in summer months as viewed from the river. (W) IIWatercoursell means a channel in whi ch a flow of water occurs either continuously or intermittently. The term applies to either natural or artificially constructed channels. (X) IIWetlandsll means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, marsh, or slough. Subd. 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 Master Plan and as shown on the map designated as Riverway Boundary, IIExhibit All. (3) The boundaries of the Lower St. Croix Riverway zoning districts are designated on the map marked as the Riverway Boundary IIExhibit A" and attached hereto and made a part of the City of Stillwater official Zoning Map. Subd. 4 USE STANDARDS. (1) Purpose. The purpose of establishing standards for uses in the Saint Croix Riverway shall be to protect and preserve existing natural, scenic, and recreational values, to maintain proper relationships between various 1 and use types. 4 . . . (2) Permitted Uses. All structures associated with the following uses are permitted in the Saint Croix Riverway subject to the dimensional requirements of a the BlufflandjShoreland Ordinance. (A) conservancy; (B) agriculture; (C) single-family residential (D) governmental highway waysides, rest areas, information areas, parks and scenic overlooks; and (E) governmental resource management and interpretive activities. (3) ACCESSORY USES IN GENERAL. All apprutenances associated with and customarily incidental to permitted uses. (4) CONDITIONAL USES. (1) Conditional uses are uses which normally are not permitted in the urban districts of the St. Croix Riverway unless it is determined by the City Council, after a public hearing, that the proposed use shall: (A) Preserved the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river. (B) Maintain safe and healthful conditions. (C) Limit erosion and potential of the site based on degree and direction of slope, soil type, and ,vegetative cover. (2) Conditional use must meet, in addition to the dimensional and other requirements, the following standards: . (A) The proposed use is consistent with the City Comprehensive and Area Plans and complimentary to the existing and adjacent land uses. (B) 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 loading docks where required by local ordinance, and off-street customer parking spaces as required by local ordinance. (D) An on-site grading and surface water run-off plan for the site which minimizes soil erosion and degrading of surface water qua 1 ity. (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 5 . . . the cost of all landscaping to insure compliance with the landscaping plan. (F) The project 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. (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, sporti ng goods, stati onery and the' 1 i ke. (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. (H) Business and professional offices and office buildings. (I) Hotels and motels. (J) Funeral homes and mortuaries. (K) Automotive sales, service and storage, excluding gasoline filling stations. (L) Transportation stations and terminals. (M) 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 6 . 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. (N) Marinas subject to the requirements of Subdivision 12. (0) 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% of the floor area of the building, or part thereof, occupied by said establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise; and provided that: (1) Any resulting cinders, dust, fumes, noise, odors, refuse matter, 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. (P) 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. (Q) Any accessory use customarily incident to a use authorized by this Subdivision, except that no use specified in City Code 31.01, Subd. 20 and.21 as prohibited, or permitted only by special permit, in an industrial district shall be permitted as an accessory use. Subd. 5. PROHIBITED USES. The following uses shall be prohibited in all districts: (A) sand and gravel operations; (B) junkyards; (C) mobile home parks; (0) downhill ski areas; (E) advertising sign visible from the river.; (F) all uses not authorized in this Shoreland/Bluffland Ordinance. Subd. 6. NON-CONFORMING USES. Prohibited uses legally in existence prior to the effective date of adoption of the Riverway Shoreland and Bluffland Ordinance are nonconforming uses. Such uses can be maintained but shall not be enlarged or expanded. . 7 . Subd. 7. DIMENSIONAL STANDARDS AND OTHER REQUIREMENTS. (1) Purpose. The purpose of establishing dimensional standards and criteria in the Saint Croix Riverway shall be to protect riverway lands by means of acreage, frontage, setback and height requirements on development. Specific objectives shall be to maintain the esthetic integrity of the Saint Croix Riverway's dominant natural setting, to reduce the adverse effects 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. (2) Lot width at building setback line (3) Lot width at water line 150 feet 150 feet URBAN DISTRICT WITH PUBLIC SEWER AND WATER 20,000 sq. ft. 100 feet 100 feet 100 feet URBAN DISTRICT WITHOUT SEWER AND WATER (1) Minimum lot size above ordinary high water mark 1 acre . (4) Structure setback from ordin~ry high water mark 100 feet (5) Structure setback from bluffline 40 feet 40 feet (6) On-site sewage treatment system setback from ordinary high water mark (7) On-site sewage treatment system setback from b 1 uffl in e 100 feet 40 f eeC (8) Maximum structure height (9) Maximum total lot area covered by impervious surface 35 feet 35 feet 20% (8,700 sq. ft.) 20% (4,000 sq. ft.) 10) On slopes less than 12%, the controlled vegetative cutting areas setback are from: ordinary high water mark 100 feet 100 feet blufflines 40 feet 40 feet . 8 (3) OTHER REQUIREMENTS. . (A) Slopes. Structures shall not be permitted on slopes greater than 12 percent, with the exception of stairways and lifts. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation. (B) Floodplain. New structures shall meet the floodway requirements as defined in the Flood Plain Ordinance 31.07. . (C) Color of structures. The exterior color of new structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river by topography. (D) Sewage disposal. Shall meet requirements or Subdivision 11. (E) Vegetative cutting: (i) Permit required. On lands 100 feet of the ordinary high water mark or forty feet landward of blufflines and on slopes greater than 12% there shall be no vegetative cutting of live trees or shrubs without a permit. A permit may be issued only if: (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; and (C) the essential character, quality, and density. of existing growths is preserved and continuous canopy cover is maintained; or (D) the trees, or trees diseased, and their removal is in the public interest; or (E) the cutting is necessary for the mainte~ance of transportation lines or utility rights-of-way. (ii) 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: . (A) clearing the minimum area necessary for a structure, sewage disposal system, and private road and parking area, undertaken pursuant to a validly issued building permit; (B) maintenance trimming or pruning on any particular property or in transportation or utility rights-of-way; (C) vegetative cutting in areas of the Saint Croix Riverway not covered under subpart 4, provided that the cutting, including topping, involves vegetation which is not screening any structure from view from the river. 9 . . . (F) Grading and filling (i) 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: (A) slopes greater than 12 percent are not altered where erosion and visual scars may result; (8) earth moving, erosion, vegetative cutting, draining or filling of wetlands, and the destruction of natural amenities is minimized; (C) the smallest amount of ground is exposed for as short a time as feasible; (D) during construction temporary ground cover, such as mulch, is used and permanent ground cover, such aS,sod, is planted; (E) temporary and permanent methods to prevent erosion and trap sediment are employed; and (F) fill is stabilized to accepted engineering standards. (ii) permit not required. A separate grading and filling permit is not 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 (ii) shall be required as conditions of the building permit. Subd..8. Exceptions to 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 forty (40) feet, or the required minimum setbacks of the underlying zoning district, whichever distance is less from the average setback line. This exception shall apply only to substandard lots which do not meet the minimum lot width requirements of part Subdivision 7. (2) Developments subject to state permits which provide services to the public and which, by their nature, require location on or near public waters shall be subject to the conditions of the state permits as provided in parts Minnesota Rules Part 6105.0390 and 6105.0410to 6105.0440. (3) Temporary docks may be allowed as approved by federal, state, or local governments to extend into the water the minimum distance necessary to facilitate the launching or mooring of watercraft during the open-water season. 10 . (4) Signs may be allowed as approved by federal, state, and local governments which are necessary for the public health and safety. Signs may also be allowed that indicate areas that are available or not available for public use. Outside the minimum setbacks within the Saint Croix Riverway, signs that are otherwise lawful are permitted, provided they will be visually inconspicuous in summer months as viewed from the river. (5) Stairways and lifts to enable access from bluffland properties to the water on steep slopes may be allowed by the local authority, provided the disruption of vegetation and topography is kept to a minimum and the structure will be visually inconspicuous in the summer months as viewed from the river. Subd. 9. SUBSTANDARD LOTS. Lots recorded in the office of the County Register of Deeds prior to May 1, 1974, that do not meet the requirements of Subdivision 7, may be allowed as building sites when: (1) The proposed use is permitted in the zoning districts; (2) The lot has been in separate ownership from abutting lands since May 1, 1974; and (3) It can be demonstrated that a proper and adequate sewage disposal system can be installed in accordance with the provisions of Subdivision 11, and; . (4) The dimensional standards of the Bluffland and Shoreland Ordinance are complied with to the greatest extent practicable. Subd. 10. SUBSTANDARD STRUCTURES: All structures legally in existence prior to the effective date of adoption of the Bluffland and Shoreland Ordinance that do not meet the structure or sewage treatment system setbacks requirements or other aimensional standards of the ordinance are considered substandard structures and shall be subject to the following conditions: (A) Substandard structures that contain non-conforming uses shall not be enlarged or expanded. (B) Substandard structures and substandard sanitary facilities shall be allowed to continue. (C) In no instance shall the extent to which a structure or sanitary facility violates a setback standard be increased. . (D) An extension, enlargement, or alteration of an existing substandard structure may be permitted on the side of the structure or facility facing away from the river or bluffline. (E) Any alteration or expansion of a substandard structure which increases the horizontal or vertical riverward building face shall not be allowed unless it can be demonstrated that the structure face will be visually inconspicuous in summer months as viewed from the river as determined by the City Council after public hearing. 11 . (F) 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. (G) If a substandard structure needs replacing due to destruction, deterioration, or obsolescence, such replacement shall comply with the dimensional standards of this Ordinance. Subd. 11. SEWAGE DISPOSAL. Any premises intended for human occupancy must be provided with an adequate method of sewage disposal. subject to the following items; . (1) Public collection and treatment facilities must be used where available and where feasible. (2) 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. (3) A septic tank/drainfield 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 alternate will not cause a pollution problem. (4) No person, firm, or corporation shall install, alter, repair, or extend any individual sewer disposal system without first obtaining a permit therefore from the Community Development Director for the specific installation, alteration, repair, or extension~ Subd. 12. MARINAS. (1) New and or expanded marinas may only be allowed. (A) Between the Boomsite Highway Wayside and the City of Stillwater. (B) Downstream from the northern City limits of Stillwater in urban districts. (2) New marinas shall meet the design standards of Natural Resources Regulations including Minnesota Rules Part 6105.0410, Subpart 2. (3) Permit requirements. No construction or development associated with a marina shall begin until all of the following authorizations have been obtained by the applicant. (A) Marinas shall be a Conditional Use in this Ordinance. . 12 . (B) 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 Resources Regulations including Minnesota Rules Part 6105.0530. The City Council may approve or deny the marina on said standards of the Department of Natural Resources. If the governing body approves the marina, final issuance of the local permit shall be conditioned upon granting of all State and Federal permits required in Department of Natural Resources Regulations including Minnesota Rules Part 6105.0410. Subd. 13. ALTERATIONS IN PUBLIC WATERS. (1) Changing the course, current, or cross section of public waters shall require State and Federal permits as specified in Minnesota Rules Part 6105.0420 before any local permits may be issued. Subd. 14. TRANSMISSION SERVICES. (1) A permit from the Commissioner is required pursuant to Minnesota Statutes, Sections 84.415 or 105.42 before transmission services .may cross state-owned lands or public waters and shall be in accordance with the Natural Resources Regulations including Minnesota Rules Part 6105.0430. Subd. 15. PUBLIC ROADS. . (1) A permit from the Commissioner of Natural Resources is required before construction, reconstruction, removal, or abandonment of any road or railroad crossing of public waters within the Riverway. Said permit shall be in accordance with the Natural Resources Regulations Minnesota Rules Part 6105.0440. Subd. 16. SUBDIVISIONS. (11 Land Suitability. (A) 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 limitations 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. . (2) Preliminary Plans. (A) Preliminary plans for all plats, including planned cluster developments shall be approved by the Commissioner or his agent in writing prior to preliminary approval by the City Council. 13 . . . (B) All subdivisions shall comply with the applicable prOV1Slons of the City of Stillwater Subdivision Ordinance No. 492 as amended. (3) PLANNED CLUSTER DEVELOPMENTS. (A) A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the proposed clustering provides a better means of 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 Ordinance for planned cluster developments, provided: (1) In urban districts of this Ordinance and only where public sewer and water will be installed in the proposed cluster development, the number of dwelling units shall not exceed fifty percent (50%) more than the total number of dwelling units allowed if the development was based on the minimum lot size requirements for single family residential subdivision. (2) Open space shall be preserved. At least fifty percent (50%) of the length of shoreland or bluffland frontage as viewed from the river shall be kept in its natural state. (3) Temporary docks, if allowed, shall be centralized and of a size not to exceed the needs of the residents of the development. Subd. 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 Qrdinance, 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, conditional use permits, planned unit developments, subdivisions, and variances. (2) No less than twenty (20)days prior to the public hearing, the Community Development Director shall send notice and copies of the applicants information as specified in Subdivision 17 (6) to the following agencies for review and comment. (i) Department of Natural Resources. (ii) Minnesota/Wisconsin Boundary Area Commission. (B) The applicant for any permit requiring a public hearing shall submit to the Community Development Director at least thirty (30) days prior to such hearing, an abstractors certificate showing the names and addresses of all property owners within 350 feet of the affected property, and any 14 . .. . local governments, within two (2) miles of the affected property. This requirement does not apply to amendments to the text of the Riverway Bluffland Shoreland Ordinance. Notice of the purpose, time, and place of such public hearing shall be mailed to all property owners and local governments listed in Subdivision 17 (17) (B) at least ten (10) days prior to the date of the hearing. (D) Notice of the purpose, time, and place of any such public hearing shall be published in the official newspaper of the affected communities at least ten (10) days prior to the date of the hearing. (C) (2) Certification of the Commissioner of Natural Resources. (A) Before any zoning district ordinance amendment or variance becomes effective, the governing body shall forward the decision to the Commissioner. The Commissioner shall certify in writing that the proposed action complies with the intent of the Wild and Scenic Rivers acts and the Master Plan for the Lower St. Croix River within thirty (30) days of receipt of final decision in the manner specified in Department of Natural Resources Regulations Minnesota Rules Part 6105.0540. (3) Forwarding a Final Decision. (A) The City Clerk shall forward decisions within ten (10)days of final action on all conditional use permits, planned unit developments, and subdivisions to the Commissioner of Natural Resources. (4) Permit Process. St. Croix Riverway Ordinance Permits Urban District District Building Permits LP Septic Permits LP Grading Permits LP Tree Cutting Permits LP 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 PH - WA - CC Variances 15 . 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 giving twenty (20) days notice of meeting to the Commissioner of Natural Resources and other agencies listed in Subdivision 17 (1) (8). 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. (5) Variances. . (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 Ordinance; 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 v1ew from the river. (B) The public hearing for a variance shall be held by the Planning Commission and City Council as set forth in the Zoning Ordinance. (6) Requirements of the Applicant for a Public Hearing. (A) The applicant shall submit sufficient copies of the following information and additional information as requested to the Community Development Director thirty (30) days prior to the public hearing on the application for a conditional use, variance, planned unit development, or subdivision. (1) Plat of survey showing the property location, boundaries, dimensions, elevations, blufflines, utility and roadway corridors, the ordinary high water mark, floodway, and floodplain. . 16 . . . (2) The most recent aerial photo of the property with property lines drawn in. (3) Location of existing and proposed structures including height and setback dimensions. (4) Location of existing and proposed alterations of vegetation and topography. (5) Adjoining water-oriented and other uses. (6) 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 handle the development. (7) An estimate of permanent and transient residents. (7) Factors to be considered. (A) When considering a conditional use permit, variance, subdivision, proposal or zoning amendment within Shoreland and Bluffland District, the City shall address the following items in making its decisions: (1) Preserving the scenic and recreational resourc~s of the St. Croix Riverway, especially in regard to the view from and use of the river. (2) The maintenance of safe and healthful conditions. (3) The prevention and control of water pollution, including sedimentation. (4) The location of the site with respect to floodways, slopes, and blufflines. (5) The erosion potential of the site based on degree and direction of slope, soil type, and vegetative cover. (6) Potential i~act on game and fish habitat. (7) Location of the site with respect to existing or future access roads. (8) The amount of wastes to be generated and the adequacy of the proposed disposal systems. (9) The anticipated demand for police, fire, medical, and school services and facilities. (10) The compatibility of the proposed development with uses on adj acent 1 and. 17 . . . Subd. 18. ENFORCEMENT. A. Enforcement. (1) It is declared unlawful for any person to violate any of the terms and provisions of this Ordinance. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offenses. (2) In the event of a violation or a threatened violation of this Ordinance, 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 violations and it is the duty of the City Attorney, or State Attorney General, to institute such action. . B. Separability. (1) It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: (A) If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. (B) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Ordinance 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. (C) Nothing contained in this Ordinance repeals or amends any Ordinance requiring a permit or license to engage in any_business or occupation. PASSED BY THE CITY COUNCIL THIS DAY OF , 1989. ATTEST: Mayor City Clerk 18 . . ~ "A" G'IA.h1t ..~:7 ~,_ . _ J. ~- ~.-."'.-. 1 " ..~~ ' l ' ~~ :~ ". . /v, ~(): -A , 'I 11 I .~- I " ~~, l"-~'~ ~~~....,~ ~~... . ... ..:q '" ~~'..:- ,V~ -::::- -;;d' ~ ~\ ~' ~"..:.:r$.~t~ ' ~~~'~ t""~:i~~ ~'..:.:/:~'" ~ ~-:::; ~'-:. - :.~ " k?J 'Ii '\~,\ . ~~~~ ~~~'-~ ~l~, ~~~~ ~:~ . ~~'.;. :~l~ie .;..;--. ;---. ~ ~,~ ~ \ . ~ \"-', ~,\~ --;... ~ ~. ',":. -'~.~~'-----= - ~~ ~ ~'r::,-;: i . -, (:;::: ~... . ~~, \' ,~~, ~~'~_. ~ '~_"~...... ~s\ ~~~\'\--.. .....~ -1\ :88'-'-' ~::. ~ :\\ .;,;...:.;.~ '-. ~,<;;.~' . 1:.\.., ~..~ . ~~\ '~;.:.: ,,"\ ~:~ 'G).,?,,~, .;;;.,..., ,r, " . r:'\~~.. - . (.. . :;:::-/t'", .. '-.::",....~"~~~ '~ - \-<~;..r......,~':-' 4 :~~ .. 0;' '. A'l '........~ ;,,_ .....;:. \. .. '\ ~\~: "'~':;-%'.;1 , ~ ~' <~' ,'---...._,~ -. . \ 'l"'t"'".......,;.;.;.;-.w:;....oo ..>, .~*,;.~.. \. ~~- \;~~~. y, , ~.....-.... ~:;.:..~~.,. ,; . - '. , ';;""-,'i;...;z. '-"'~" -~..--:~ .').\-'""'?:~ '\ ~~,~LII--:'\"""1;...~~ 0."";..' '4~~~-; ~ ~. '.'~:1'~ ~ . . ~~~~~,;-%~~:.;; ...'.~'~~~~~. ~~~:.;,,~~...,~~ '-. r )..0~~ A~:...~~~ . ~~ ~~.~.c ~~~ ..; ~.:~'~ 'I,~~"..:, ...~~':j.,.;..A ~..\ ~ ~~~ ~ :\;:.....~~jA,.....~/~~..., , ?~'<>'~~~~A~~"%.-' . ~}~~."~~\~~.ii::~.~~~...~ ' .~~ :",. \ , .z.;;~. ~~0:'" .~~:6 .-"~~.'~~."""'f#,~,.~.~~..~ \\~\Y.::::"""~;;s... .;,-~;:2 ,.... ~ ~\...,. -: .....' "X:;;.~"........... ~~~~~ e.. ." . :-.-'"'\ ~ ~ ~~.. -;;::.: , '? ~~~~~~~~~-- ~~ ~~ _.~~~~~- ~ ~ _,-:=. ~ ~ ~ ~ ~ ;::::::;~ "!!"\.- "~~ -:"fr.. ~~~~~~~~t:~~:::'-~.~ ~ ~ ~ ~ ;:::::::: ~...- ~ ~ ~ ~...--:: <::::"--,, :::::::;~5i:::"'~~~~~a::::-~::r-:==-.\' " ::=a~~~::;::::;~:::;:::::::::::::~~- '. ~.. ~~~~~~~~~~~~~'~ ~~~~~~~~~~g5w;:';d \'~ ==:: ~ ~ ~ ----"-::;:::::; ~ -,- ~ ~. ~ 1;:::2;\ \ ~~~~~~C:;::::l Tn ~~\, ~~~~;:::::::~> ~\ l:::::::-'-:::--"~'-"'\' @~~ '.'~'M:-~ "-..' ~~CZ;:::\~~. ' '. ,,-:,..' \~~~'~~~,ne.-l~~t:~_ .,..It, t ~ \"\._~~ -:::.::,.-:-:'..t",..:... . \~'2:::==:rc:r.::; ~r~ ~~..;: ~ ~~ ,~"" i'~~~:;::; ~ ~~~.. .... \C:;1~~~_-;:;1~~~ ........~ ... \~~~~~ --- \~~~ . ~' . , ,C) ~, \): :'-Ci Xl vtrw~'I 8~bntl d./' j ," , '\ , , \. , , "'-, '''', ''.... , ''...., '",- .. '",- " .... . . . RESOLUTION NO. 8050 ORDER IMPROVEMENT AND PREPARATION OF PLANS L.I. NO. 255, SUNSET RIDGE ESTATES WHEREAS, a certain petition requesting the construction of streets, sanitary sewer, storm sewers and watermains in Sunset Ridge Estates, abutting Neal Ave. between Eagle Ridge Trail and Boutwell Ave., was duly presented to the Council on the 17th day of January, 1989; and WHEREAS, pursuant to resolution of the Council adopted January 17, 1989, a report has been prepared by Short-Elliott-Hendrickson, Inc., Consulting Engineers with reference to the improvement, and this report was received by the Council on March 21, 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property abutting upon the streets named as the location of the improvement. 2. That all of the owners of property benefited by such improvement and interested in the improvement have waived the improvement hearing and any notice requirements set forth in Minnesota Statutes Chapter 429 relating to the improvement hearing, and have requested that the improvement be ordered forthwith. 3. Such improvement is hereby ordered as proposed in the Council resolution adopted January 17, 1989. 4. Short-Elliott-Hendrickson, Inc. is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by Council this 4th day of April, 1989. MAYOR ATTEST: CITY CLERK . . . DEVELOPMENT AGREEMENT RELATING TO SUNSET RIDGE ESTATES BY AND BETWEEN THE CITY OF STILLWATER, MINNESOTA AND JAMES H. BLICHFELDT AND PATRICIA M. BLICHFELDT This agreement was drafted by: MAGNUSON & DIEPERINK Attorneys at Law Suite 260, The Grand Garage 324 South Main Street Stillwater, Minnesota 55082 . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1989, by and between the CITY OF STILLWATER, a municipal corporation, and political subdivision of the State of Minnesota, (hereinafter called the "City"), and James H. Blichfeldt and Patricia M. Blichfeldt (hereinafter called the "Developers"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties hereto recite and agree as follows: Section 1. Recitals. 1.01. The Property. The Developers now own the Property described in the attached Exhibit "A", (the "property"), which comprises proposed Lots 1 through 11, Block One and Lots 1 through 8, Block 2, Sunset Ridge Estates located in the City of Stillwater, Minnesota. . 1.02. Subdivision. The Developers have made application to the City under the City zoning ordinance and its subdivision ordinance for approval to subdivide and develop the property as for single-family residential uses. The Planning Commission and the City Council have reviewed the application in accordance with Minnesota law, the City Charter, and ordinances, and . have given preliminary Approval to the development. 1.03. The Facilities and Project. The Developers, in accordance with City approval, plan to construct or cause to be constructed on the Property Single Family Homes. . 1.04. Public Improvements; Hearing. The Developers have filed with the City a Petition requesting that the City construct all street, storm sewer, sanitary sewer and water system improvements necessary to serve the Project. The City Council by its Resolution accepted the Petition, designated the proposed improvements as Local Improvement No. 255 and authorized the City's Consulting Engineer, Short, Elliott, Hendrickson, Inc. (the "Consulting Engineer"), to prepare a Feasibility Report concerning Improvement No. 255. The Consulting Engineer prepared a Feasibility Report of Improvement No. 255 dated January 27, 1989, and presented it to the City Council at its regular meeting on March 7, 1989, and, the City Council directed that a public hearing normally held pursuant to Minnesota Statutes ~ 429.031, be waived pursuant to the Developers' request. The 1 improvement was th reafter ordered, subject to this agreement being ex cuted and subject to the terms and conditions contain d in this agreement. . 1.05. Public 1m r Upon request by th authorized the Con specifications for vements. Plans S ecifications. Bids. Developers, the City Council ulting Engineer to prepare plans and Improvement No. 255. The sanitary sewer, water system, storm sewer and street improvements descr'bed in the plans and specifications and any modificati ns or additions duly made by change order, add-on, or dd-alternate, are hereinafter referred to as the "Improvements." 1.06. Order of Developers have construction of 1m contract for the c to pay and finance provided. The Cit only on the terms of the Developers' forth in this Agre rovements. Award of Contracts. The uested the City Council to order the rovement No. 255, to enter into nstruction of the Improvements, and the cost thereof as hereinafter is willing to take such actions, but nd conditions, and in consideration representations and agreements, set ment. Section 2. Develo ers' Re resentations. The Developers hereby represent, warrant and covenant to the City that as of the date of this Agreement, the statements set forth in this section are true and correct. . 2.01. No Disabilit. The Developers are individuals, who are now married, and are of legal age and know of no .legal disability that would prevent them from carrying out this agreemen . 2.02. Ownership. The Developers are well seized in fee simple of the "pr perty" and have marketable title to the real estate d scribed in the plat. 2.03. Execution and performance 0 result in any bre any indenture, mo instrument to whi which it or its p 2.04. Litigation. knowledge of the proceedings befor which will materi condition, busine the ability of th obligations under o Violation. The execution, delivery this Agreement does not and will not ch of, or constitute a default under, tgage, contract, agreement or h the Developers are a party or by operty is bound. There are no pending or, to the evelopers, threatened actions or any court or administrative agency lly adversely affect the financial s or operation of the Developers or Developers to perform their this Agreement. . 2.05. Compliance. The Developers will comply with and 2 . duly and promptly perform all of their obligations under this Agreement and all related documents and instruments. Section 3. Developers's Undertakings. 3.01. Easements. The Developers shall furnish to the City upon request and without charge, all permanent and construction easements; as designated in said plans and specifications (or such alternate sites as may hereafter be agreed upon by the Developers and the City) and deeds to property deemed necessary by the City for the location, construction, installation and operation of the Improvements to be constructed on the property by the City, in form and content satisfactory to the City. . 3.02. Assessments and Charges. The Developers will pay to the City when due, all consultant fees incurred by the City in behalf of or at the request of the Developers, all special assessments, interest and other amounts due with respect to the Project as hereinafter provided and will pay to the City when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City, with respect to all portions of the Property, when such fees or charges are incurred or become due. 3.03. Transfer of Project. Unless and until all bonds issued by the City to finance the Improvements are paid in full or discharged in accordance with the resolutions authorizing their issuance, the Developers shall not voluntarily sell, assign or transfer substantially all .of their interest in the Project or any part thereof without the written consent of the City which shall not be unreasonably withheld. Nothing herein shall prevent or apply to the sale, in the ordinary course of business, of lots to individual owners or contractors for the construction of residences, but such sale shall in no way affect or diminish the obligations of the Developers under this Agreement. Section 4. City's Undertakings. . 4.01. Improvement No. 255. The City shall order the construction of Local Improvement No. 255 in accordance with law, and shall forthwith award and enter into a contract for the construction of the Improvements and shall cause the Improvements to be constructed in accordance with the plans and specifications. The City shall have the right to order such modifications in the work and the construction contract therefor as are recommended by the Consulting Engineer and/or are deemed necessary or desirable by the City. Copies of all proposed modifications in the construction contract or the work shall be furnished to the Developers prior to 3 I I their consideratio$ and approval by the City Council. 4.02. Financing. General Obligation Minnesota statutes with all moneys av purpose, to financ Section 5. 5.01. Cost of 1m Agreement and all City Council hereu 255, the Developer that the cost of t elements specified work and payment 0 City shall compute and the amount the shall furnish the the calculations m amounts. The City to the Developers documents as are r costs and computat 5.02. Lev of S e than 45 days after computations to th special assessment the Property, in t Statutes, Section 5.03. S ecial Ass amount of the spec as a whole shall b Improvements insof estimates of the c available, as reas The amount of such assessed against t determined in acco Exhibit B, which m reflect any add-on are duly made in t construction of th The Developers agr reasonable and wil and the levy of sp whole, which are e benefit accruing t . The City shall sell and issue its Improvement Bonds, pursuant to Chapter 429, in an amount sufficient ilable and appropriated for the its obligations hereunder. For the purposes of this roceedings and actions taken by the der with respect to Improvement No. and the City acknowledge and agree e Improvements shall include those in Exhibit B. Upon completion of the all costs of the Improvements, the the actual cost of the Improvements eof allocable to the Property, and ame to the Developers together with de by the City to arrive at such Coordinator shall thereafter provide 11 such further information and quested by it in order to verify such ons. ial Assessments. Procedure. Not less the City has furnished its Developers, the City may levy with respect to the Improvements on e manner specified in Minnesota 29.061. . ssments. Amount and Allocation. The al assessments levied on the Property based upon the actual cost of the r as available and on reasonable st insofar as actual costs are not nably determined by the City. cost to be allocated to and specially e Property as a whole shall be dance with the Feasibility Report and y be revised from time to time to add-alternates or change orders that e construction contracts for Improvements. e that such allocation is fair and result in the allocation of costs cial assessments on the Property as a ual to or less than the special the Property from the Improvements. . The Developers exp essly waive the right to object to 4 . the assessment proposal to be levied against the Property hereunder. This waiver is freely given in consideration for the benefits that the Developers expects to receive from the development of the Property. Section 6. Additional Security. 6.01. Payment of Estimated Assessments. Upon the sale or transfer of any lot or parcel of the Property prior to the actual levy and filing of the special assessments to be levied thereon as herein provided, the Developers shall pay to the City Treasurer an amount equal to 110% of the amount of the special assessments which would be levied on such lot or parcel based upon the Estimated Cost of the Improvements and the estimated assessments as determined by the City. . 6.02. Guarantor. The Developers expect to benefit from the execution and performance of this Agreement. In consideration of such anticipated benefit, the Developers guaranty the performance of the Developers' obligations hereunder. The City Treasurer, and if necessary, the City Attorney, shall undertake to collect the money needed to meet such obligations from anyone or more of the Guarantors in accordance with the Guaranty Agreement. Section 7. General Provision. 7.01. Building .Permits. The City agrees to allow the Developers to begin construction of three dwelling houses on specific lots within the Development even "though the public utilities have not been completed. The Developers agree that they shall be solely responsible for setting elevations on these houses and hereby release and hold the City harmless from any damage associated therewith. They also agree that this construction will be done in a manner that will not interfere with the construction of the public utilities. The City agrees to issue building permits for this construction; however, the Developers warrant that no occupancy will be made of these houses until a Certificate of Occupancy is issued by the City. . 7.02. Enforcement by City; Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages,' losses and expenses sustained by the City; and that such expenses may 5 include but are no limited to the reasonable fees of legal counsel empl yed with respect to the enforcement of this Agreement. . 7.03. Termination all of the bonds i Improvements pursu thereon, have been with respect there with law and the r provided that all obligations accrui prior thereto, inc special assessment provided when due, continue to be enf This Agreement shall terminate when sued to finance the cost of the nt to this Agreement, and the interest paid in full or the City's obligation o has been discharged in accordance solutions authorizing their issuance; f the Developers' financial g under or pursuant to this Agreement uding its obligation to pay the levied on the Property as herein shall survive such termination and rceable by the City. Section 8. Admini trative Provisions. 8.01. Notices. A communications req Developers hereund shall be deemed gi in the United Stat fully prepaid and If to the Cit If to Develop rs: The City and the D may designate diff notices, certifica sent. 8.02. Severabilit Agreement shall be court of competent invalidate or rend hereof. IN WITNESS WHEREOF executed in its corpora sealed with its corpora this Agreement at Still above written. 1 Notices, certificates or other ired to be given to the City and the r shall be sufficiently given and en when delivered, or when deposited s mail in registered form with postage ddressed, as follows: City of Stillwater City Hall 216 North Fourth street Still~ater, Minnesota 55082 . Blichfeldt Realty 1570 West Frontage Road Stillwater, Minnesota 55082 velopers, by notice given hereunder, rent addresses to which subsequent es or other communications will be In the event any provisions of this held invalid or unenforceable by any jurisdiction, such holding shall not r unenforceable any other provisions The City has caused this Agreement to be e name by its duly authorized officers and e seal; and the Developers has executed ater, Minnesota, the day and year first . 6 . . . CITY OF STILLWATER: (SEAL) BY: Wally Abrahamson, Mayor and Mary Lou Johnson, City Clerk DEVELOPERS: James H. Blichfeldt Patricia M. Blichfeldt STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater" and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared James H. Blichfeldt and Patricia M. Blichfeldt, to me personally known, who, being by me duly sworn, did say that they are the Developerss named in the foregoing instrument and that this instrument was signed as their free act and deed. ., I Notary Public 7 Kemper & Associates Land Surveying · Engineering Innsbruck Office Park (Silver Lake Rd, & 694 2722 Highway 694 New Brighton, MN 55112 Telephone (612) 631-0351 The South 660 feet of th of the Southwest Quarter Range 20 West, Washingto more or less, and subjec the West line. Subject of record, if any. EXCEPTING therefrom that Southwest Quarter of See Washington County, Minne the Southwest corner of Quarter; thence North 00 Washington County Coordi line of said Southwest Q of 360.03 feet to the No Southwest Quarter of the East along said North li 08 43' 32~ East 364.19 Quar~er of the Southwest along said South line 36 taining 2.77 acres more Neal Avenue over the Wes t &~j) ~ . LEGAL DESCRIPTION West 660 feet of the Southwest Quarter ~ of Section 20, Township 30 North, County, Minnesota, containing 10.0 acres, to the existing Neal A~enue North along o easements, restrictions_and reservations part of the Southwest Quarter of the ion 20, Township 30 North, Range 20 West, ota, described as follows: Beginning at aid Southwest Quarter of the Southwest 46' 5 4 ~ . We s t, be a r i n g o.r i e n t e d tot h e ate System, South Zone, along the West arter of the Southwest Quarter a distance th line of the South 360.00 feet of said Southwest Quarter; thence North 89 58' 15~ e a distance of 310.66 feet; thence South eet to the South line of said Southwest Quarter; thence South 89 58' 15~ West .00 feet to the .point of beginning, con- r less, subject to a road easement for 33.00 feet thereof. . . Exhibit A . . . ~SeJ ~ ;...!;. ~:~:::':'.7. .. ENCINEERS. ARCHITCCTS. PLANNERS 222 EAST LITTLE CANADA ROAo,.ST PAUL, MINNESOTA 55177 612 484.0272 January 27, 1989 RE: STILLWAT~R, MINNESOTA PLANNING CASE REVIEW CITY PROJECT: SUB-89-7 SEH FILE NO: Mr. steve Russell, Commun~ty Development Coordinator c~ty of St~llwater 216 North Fourth Street St~llwater, MN 55082 Dear Mr. Russell: We have rev~ewed the prel~m~nary plans for the proposed Sunset R~dge Estates Add~t~on. We have the follow~ng comments for the developer: 1. Proposed 18" RCP culvert under Walnut Creek Dr~ve at Ne~l Avenue should be 21" instead of 18". 4. 2. The distance between hydrants on Walnut Creek Drive going south ~s approx~mately 475 feet. This is between sanitary manhole #203 and #205. The F~re Chief should review the hydrant spacing since it may be diff~cult to reach the back of Let 9, Block 1 with pump~r hos~. 3. Watermain and sanitary sewer stut3 should be extended south from Walnut Creek Drive along Ne~l Avenue at least far enough to protrude beyond the bitum~nous surfacing such that any extens~ons in the future can be made without digging up the street. The sanitary sewer should also be extended south to the south boundary of the plat on Walnut Creek Dr~ve to provide for future extension of the roadway and connection to the sanitary sewer. It will be necessary to excavate and replace a portion (approximately 83 feet) of Eagle Ridge Trail for the sanitary sewer connection. The sanitary sewer has to flow into '~he manhole on Eagle Ridge Trail because of the proposed lot grades. Exhibit B SHORT ELLIOTT HENDRICKSON INC. ST PAUL, MINNESOTA CHIPPEWA FAL15, WISCONSIN Mr. Steve Russell January 27, 1989 Page #2 . 4. A drainage sw le through 8, Bloc the surface run is required along the back of Lots 5 and Lots 6 through 1, Block 1 to prevent from running onto adjacent properties. 5. Because of the cUl-de-sac, it cUl-de-sac to p will be o.dd:..:ess by the Council. configuration of the st:;-eet in the center ay be necessary to extend storm sewer to the event poor draina.'Je in flatter areas. This d as a pSl:::: :.of tl-l(: :feasi.bil.l. i::y stud}'- ~rda~c.J 6. The temporary time. Extensi Road would requ To be cost e probably subdi Walnut Creek D easement and change. The ,ro should conside ordinances for back from the c ul-de-sac may be in existence for a long n of Walnut Creek Drive south to Boutwell re the cooperation of seven property owners. fective and beneficial, the owners would ide to provide a buildable parcel along i ve. The road would front on a drainage ass through an existing significant grade d also would impact a small park. The City whether the cul-de-sac should meet City ength and/or whethar buildings should be set I-de-sac right-of-way. . If there are any que tions, please contact the. undersigned. . g~~ R~chard E. Moore City Engineer REM/cih . . . . USE PERMIT FOR SUNSET RIDGE ESTATES WITNESSETH, that in the exercise of its governmental powers, the City of Stillwater (hereinafter called the "City"), grants to James H. Blichfeldt and Patricia M. Blichfeldt (hereinafter called the "Developers"), the following permit: Section 9. Conditions. All permitted uses shall be subject to the following conditions or restrictions: 9.01. Construction. All construction shall be in compliance with applicable codes and ordinances of the City except as modified herein, and in compliance with those plans, specifications and contracts referred to in the Development Agreement. 9.02. Permitted Uses. Single Family Dwellings shall be permitted, but other uses permitted in the Zoning District shall not be developed except insofar as such uses are listed as permitted in this use permit or unless this use permit is modified or cancelled in whole or in part by action of the City. 9.03. Transfer. In the event the Project is conveyed in whole or in part, the buyers thereof shall be bound by the provisions of this permit and the Development Agreement constituting a part hereof. Nothing in this condition shall change, alter or diminish the restrictions and obligations with regard to transfer of .ownership set forth in the Development Agreement. 9.04. Deviation. Any requests for major deviation from this permit shall require a public hearing and approval by the City Council. 9.05. Administration. The administration of the conditions of this Use Permit shall be the responsibility of the Stillwater City Coordinator. Section 10. Components. 10.01. Land Use. Land Uses permitted shall be located, constructed, occupied and maintained in accordance with the provisions of this permit. 8 10.02. Circulatio. Adequate righ other governmental public right-of-wa plan. 10.03. Subdivisio A final plat and recorded with of Washington Co un this permit as pro the Stillwater Cit accordance with th conditions imposed -of-way as requested by the City or agency shall be dedicated for any needs necessary to effectuate the . roval. f the development site shall be filed oth the City and the County Recorder y within 120 days of the issuance of ided in Section 31.01, Subd. 8(e) of Code. The final plat shall be in preliminary approval and the by this permit. 10.04. Constructi n Conditions. (a) Landscaping i maintained and rep winterkill, drough (b) All electric installed undergro areas shall be properly if damaged or lost by other cause. and telephone lines shall be (c) Easements for utilities or other purposes shall be provided as reason bly requested by the City. provisions for mai tenance of utilities and open green space during and a ter construction shall be as required by the City. (d) Provisions ~tilities shall (e) Storm drainag maintained by the Engineer. . surface water drainage and other made as required by the City. sediment pond systems shall be wner as directed by the City (f) Land area sha 1 be provided for dwelling lot drainage extension if required by the City. (g) The Developer shall have a continuing obligation to maintain any st rm water drainage facilities including ditches ocated within the Development, or on any public propert dedicated to the public by the Developers pursuan to the Development Agreement or required to be ded'cated to the public hereafter, for a period of three ye rs from the date of this permit. The aforesaid maintena ce and repairs shall be ordered by the City Council a ter consultation with the City Engineer. (h) provisions City to prevent construction. seeding may be required by the from wind or water during . Q . . . (i) Open space shall be maintained both during and after construction as directed by the City so as not to obstruct water flow, introduce pollutants, produce silting, cause defoliation, produce dust, or otherwise cause or result in conditions detrimental to the preservation of the public health, safety, and general welfare. 10.05. Special Conditions. (a) No identification, for sale, advertising, directional or other signs, shall be permitted except those specifically authorized and shown on the approved plans as part of this permit, or permitted by ordinance. (b) All development and uses shall be subject to periodic inspection by the City for purposes of assuring continued conformity to the provisions of the permit. (c) Trash, garbage, wastes, and other refuse shall be stored and disposed of as provided in the approved plans. (d) Exterior storage of wastes and other refuse and miscellaneous storage other than normal approved vehicular parking shall be permitted only as specifically authorized by conditions of this permit. 10.06. Maps, Reports and Documents. The following reports and other documents shall be considered a part of this permit and shall have the same .force and effect as if fully set out herein and are hereby made a part of this permit. IN WITNESS WHEREOF, The City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developers have executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER: (SEAL) BY: Wally Abrahamson, Mayor and Mary Lou Johnson, City Clerk 10 STATE OF MINNESOTA COUNTY OF WASHINGTON DEVELOPERS: . James H. Blichfeldt Patricia M. Blichfeldt ss. On this ___ day of , 1989, before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. STATE OF MINNESOTA COUNTY OF WASHINGTON On this day 0 Public within and for and Patricia M. Blichf me duly sworn, did say foregoing instrument a free act and deed. Notary Public . ss. , 1989, before me, a Notary aid County, appeared James H. Blichfeldt Idt, to me personally known, who, being by that they are the Developers named in the d that this instrument was signed as their Notary Public . 1 1 . .. . GUARANTY RELATING TO SUNSET RIDGE ESTATES GUARANTY made this day of , 1989, by James H. Blichfeldt and Patricia M. Blichfeldt, (hereinafter referred to as "Guarantors") to the City of Stillwater, a municipal corporation, existing under the laws of the State of Minnesota, Washington County, Minnesota, (hereinafter referred to as the "City"), with respect to all bonds and other evidence of indebtedness issued by the City relative to Sunset Ridge Estates, (hereinafter referred to as the "Project"). Section 11. Application. James H. Blichfeldt and Patricia M. Blichfeldt have made application to the City under the City's Zoning and Subdivision Ordinances for approval to develop property located in the City for single-family residential use. Section 12. Inducement. The City has undertaken to install public improvements . in furtherance of the Development involving installation of sanitary sewer, water systems and storm sewer and street improvements described in the plans an~ specifications set forth for Local Improvement No. 255. The Guarantors, after considering all aspects of their liability and all of the proceedings of the City 'relative to the awarding of the contracts for the construction of the improvements, for the purpose of inducing the City to enter contracts for the construction of the improvements and to pay and finance the costs thereof as set forth in the attached Development Agreement relating to the Development hereinafter referred to as the "Development Agreement", the Guarantors, their endorsees, transferees, heirs, personal representatives, successors or assigns, hereby unconditionally guarantee unto the City, due and punctual payment of any charges, consultant fees, special assessments, pending assessments or reassessments or any other obligations to be paid by the Developers as set forth in the "Development Agreement", at such times and in such manner as is therein set forth. Section 13. Indebtedness Guaranteed. This indebtedness, the discharge of which is hereby guaranteed, includes any renewals or extensions, in whole or in part, including both principal and interest, including such attorneys fees as may be due or 12 . collectible by law under the "Development Agreement", together with any such damages, losses, costs, charges, expenses and liabilities of any kind, nature and description suffered or incurred by the City arising in any manner out of or in any way connected with the issuance of any separate bonds or other evidence of indebtedness issued to finance the cost of any improvements allocable to property or areas outside of the "Project" as defined in the "Development Agreement". Section 14. Certified Financial Statements. It is understood that this Guaranty is made on the basis of the Guarantors' solvency and apparent ability to satisfy the obligations herein set forth. The Guarantors further agree that upon thirty days' notice if demanded by the City, Guarantors shall furnish current certified financial statements for the examination by the City. Section 15. Default. . In the event Developers shall be in default in the payment of any of the indebtedness referred to in the "Development Agreement", the payment of which is hereby guaranteed, Guarantors shall immediately, upon demand by the City, pay to the City the full amount of the indebtedness in the payment of which default has occurred and such obligations shall become the direct. and primary obligation of the Guarantors. Section 16. Waiver of Certain Rights. The Guarantors hereby waive any notice or service of process with regard to any claim or suit brought by the City against them upon the occurrence of a "default" as set forth in the "Development Agreement", and in that event the City shall be immediately empowered to enter and file a judgment against the Guarantors in the District Court of Washington County, Minnesota, for the amount of such "default" as it might from time to time accrue. Section 17. Termination. This agreement shall terminate when all of the bonds issued to finance the cost of the improvement pursuant to the "Development Agreement" and the interest thereon have been paid in full or the City's obligation with respect to it has been discharged in accordance with the law. . 13 . ~ , . . . IN WITNESS WHEREOF, The City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developers have executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER: (SEAL) BY: Wally Abrahamson, Mayor and Mary Lou Johnson, City Clerk DEVELOPERS: James H. Blichfeldt Patricia M. Blichfeldt STATE OF MINNESOTA SSe COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA SSe COUNTY OF WASHINGTON On this ___ day of , 1989, before me, a Notary Public within and for said County, appeared James H. Blichfeldt and Patricia M. Blichfeldt, to me personally known, who, being by me duly sworn, did say that they are the Developers named in the foregoing instrument and that this instrument was signed as their free act and deed. Notary Public 14 I> . . . TO: FROM: DATE: SUBJECT: r illvYater ~ ----~ ~ -~ THE BIRTHPLACE OF MINNESOTA J MAYOR AND CITY COUNCIL STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR~ MARCH 31, 1989 REQUEST FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM FOR PROPERTY LOCATED AT 510 QUARRY LAND. CLARK NYBERG, APPLICANT. The request is to locate an individual sewage system at 510 Quarry Lane to serve a new single family residence. No sewer or water service is available to the site or is planned for the foreseeable future. A perk test was run on the site and results reviewed by the Building Official. Based on the data presented, the site should be able to accommodate a septic system based on a satisfactory final design. RECOMMENDATION: Approval. ATTACHMENT: - Perk Test results for 510 Quarry Lane. . . CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 ~ . . . Fr, e; fir I ~ Fe ~ N 0 U M TO: Steve Russell, FROM ALLEN o. ZEPPER~ BUILDING OFFICIAL DATE: March 30, 1989 RE: Nyberg Septic System Information. . --------------------------------------------------------------------- I have requested All Construction make some modifications to the Septic plans submitted. This is the slight delay in getting them to you. The plans submitted now are quite sufficient and as soon as house plans are submitted, we can size the system. Soil conditions are very good and a system with a &" berm will work very we 11. . . :. '--',-. . ,.. . . . \ . '~~~~"," sf .".,,', scale, A:pprox. Backhoe Deno-tes .. , :,'~: " ... \ j."l~ It " . ,. 5.) ....;.,. '\ ) ,.~ . i ; . ,~ . !l 'I ~, - -!J~/(,)f.i.uAJt.j ..~:,.,,: .,.:'. .. 1 n - 50' Boring '..-:. 4'~; ~\, -J~ . n ~'c.:. .;".. __ . t:,;:, . " .. '. ,. L. \ (; I',. , .' , . " .- .:~~,:. ;..,."."., J:rC~'iI:, ~ .~ ,.'.-.;" ' ,I~ - . ..~ ..t: .' 'j , '~ ., . . . , .j . . . . ' ~il!wte~ THE BIRTHPLACE OF MINNESOTA ~ TO: Mayor and City Council FR: City Coordinator DA: March 31, 1989 RE: AGREEMENT BETWEEN CITY AND COMMUNITY ACCESS CORPORATION It is my understanding that the Joint Cable Communication Commission will be cable casting council meetings at no charge. In view of this and because we have a contract with the Community Access Corporation to cable cast our meetings, I believe this issue should be discussed at the meeting Tuesday night. This issue is whether or not we need to continue the contract with the Access Corporation - which is to "cable cast live and to videotape local government meetings". Perhaps an agreement or written understanding between the City and the Joint Cable Communication Commission would be appropriate. Councilmember Bodlovick will be able to provide us with some information and direction at the meeting. I have attached a copy of the contract and a bill we just received from the Access Corporation for first quarter 1989 services. The bill has been enclosed in the Payment of Bills. Attachments CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 Aecl'u Chllttn.' T." Central St. Croix Valley Community Access Corporation, Inc. Community Access Center 101 West Pine Street Stillwater, MN 55082-4976 (612)430-0074 R.llglous:S."torlJ L..... .lee." . \){i? 50 \> EcfucaUon ~r March 29, 1989 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 B ILL I N G FOR S E R V ICE S Cablecast City Council Meetings: January 3, 1989 6:30 9:45 '3 1/4 @$6 19.50 January 17, 1989 6:15 - 10:15 4 Hrs. @$6 24.00 .February 7, 1989 6:15 - 11:00 4 3/4 @$6 28.50 . February 21, 1989 6:15 - 11 : 30 5 1/4 @$6 31. 50 March 7, 1989 6:15 - 10:30 4 1/4 @$6 25.50 March 21, 1989 6:00 - 11 : 00 5 Hrs. @$6 30.00 . . TOTAL $159.00 Tapes - Recycling ATD:lsm . t). '?b~- O"i: '2> ~~. EXECU1:ION DRAFT May 29,1987 . . . CONTRACT THIS AGREEMENT made~~0 ~ , 1987, between the City of Stillwater, a municipal rporation withln the County of Washington, state of Minnesota, mailing address of 216 North Fourth Street, Stillwater, MN 55082, hereinafter referred to as "City" and St. Croix Valley Community Access Corporation, Inc., a Minnesota non-profit corporation, 101 West Pine Street, Stillwater, Minnesota 55082, hereinafter referred to as "Corporation." SECTION ONE SERVICES TO BE PROVIDED Corporation shall provide to the City the following television production services pursuant to the charges, terms and conditions of this agreement and attached schedules: Corporation shall make available on an on-going basis, a trained person to cablecast live and to videotape local government meetings as requested by the City. The Corporation shall: 1) seek and contract with experienced persons to produce local government programs; 2) train the persons in live remote cablecast production; 3) schedule persons and productions as requested; .. 4) schedule equipment as requested; and, 5) schedule and cablecast live and repeat programs. The person provided to the City shall be capable of .performi~g the following tasks: 1) set up the video production equipment at the remote production site and test the signal on the cable in advance of the start of the event according to guidelines established by the Corporation for remote live productions; 2) cablecast live and videotape the event according to production guidelines established by the City; 3) initially, use the community access video production equipment to produce the event; and, 4) at the conclusion of the event, pack up and return the video equipment to the Community Access Center. Page 1 of 4 The City will provi e: / . - 1) the production g idelines for the cablecast production; and, 2) the dates and ti es of the events to be cablecast by completing and s bmitting to the Community Access Coordinator equi ment, channel time, compliance statement and any other ap icable Corporation application forms. SECTION TWO PLACE OF WORK It is understood th t Corporation's services will be rendered primarily at Ci y Hall, 216 North Fourth Street, Stillwater, Minnesota, b t Corporation will, when necessary come to remote locations if r quested by City. SECTION THREE TERM; EXTENSION; TERMINATION , \ The initial term of this contract shall commence on April 1, 1987. Either party may terminate this contract at any time for failure of the other to comply with the terms and conditions of this agreement, or upon thirty (30) day.s written notice. City shall pay to ($6.00) per hour for ea devotftd to actual set-u and return of equipment however, shall the tota hereunder exceed $25:00 Corporation shall independent contractors required under this con full control of the wor SECTION FOUR COMPENSATION . orporation the total sum of Six Dollars h trained person hour of time that is , broadcast or videotaping and pack-up to the Access center. In no event, cost or compensation paid by the City per event. SECTION FIVE IN EPENDENT CONTRACTOR rovide experienced and qualified to perform or aid in performing the work ract, and shall be responsible for and in performed by such personnel. SECTION SIX RELA IONSHIP BETWEEN PARTIES The parties to thi contract agree that Corporation is an independent contractor, that Corporation is not an agent or employee of City and is not entitled to the benefits provided by City to its employees, 'ncluding but not limited to health, worker's compensation a d unemployment insurance and pensions plans. . Page 2 of 4 . . . / " SECTION SEVEN WORK STANDARDS Corporation shall control the conduct and means of performing the work required under this contract. Corporation will adhere to professional standards and will perform all services required under this contract in a manner consistent with generally accepted procedures. Corporation shall be free to do this work for others during those periods when under this contract with City. SECTION EIGHT LIABILITY OF CORPORATION The Corporation shall be liable for any damages or charges incurred by reason of its negligence in connection with Corporation's services under this contract. Corporation shall not be liable for failure to provide, or delays in providing, services under this contract. SECTION .NINE TERMS TO BE EXCLUSIVE The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. Except as herein expressly provided to the contrary, the provisions of this' agreeme!!Jit are for the bene,fi t of the parties solely and not for the benefit of any other person, persons or legal entities. tIlr SECTION TEN WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING .' No waive'r, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of both parties to this agreemem:t. SECTION ELEVEN, NO ASSIGNMENT WITHOUT CONSENT Corporation shall not assign this contract nor any of the rights and duties hereunder without the prior written consent of City. SECTION TWELVE WRITTEN NOTICE All comaunications regarding this agreement should be sent to Corporation and the City at the addresses set forth above, unless notified to the contrary. Page 3 of 4 ~ / ECTION THIRTEEN GOVERNING LAW This agreement shal be governed by the laws of the State of Minnesota. Dated: CITY OF STILLWATER . . BY: ~~ ~ Mayor .. .. BY: ; ~ ~~J ST. CROIX VALLEY COMMUNITY ACCESS CORPORATION, INC. BY: i . ~ J ) ') . ,/', /. / . J. "~'-ll n & 4;; elL. Page 4 of 4 . . . . . . DEVELOPMENT AGREEMENT RELATING TO THE GRANQUIST PROPERTY BY AND BETWEEN THE CITY OF STILLWATER, MINNESOTA AND ROBERT F. AND DONALD L. GRANQUIST AND OAK GLEN DEVELOPMENT COMPANY This agreement was drafted by: MAGNUSON & DIEPERINK Attorneys at Law Suite 260, The Grand Garage 324 South Mian Street Stillwater, MN 55082 DEVELOPMENT AGREEMENT . THIS GREEMENT, is made by and between the City f Stillwater (City), a Municipal Corporation; Oak Glen Development Company (Oak Glen), a innesota Limited Partnership; and Robert F. ranquist and Donald L. Granquist (Developers), individuals who desire to develop roperty within the City of Stillwater. 1 . The Purpose of this Agreement is to facilitate the development of property 0 ned by the Developers (Development Property) hat cannot be developed without obtaining access to public streets and public utilities t at must be constructed by the City (Public uti ities) through and across property that is ow owned by Oak Glen (Access Property) . 2. E crow. In order to further the purpose of this Agreement, the City agrees to act as es row agent for certain funds and documents of title on the terms that are set forth in th's Agreement. . 3. T' tIe to Access Pro ert. At the same time hat this Agreement is signed, Oak Glen will provide to the City a deed of appurtenant easement, evidencing marketable title in recordable form for the construction and mainte ance of municipal streets and utilities a ross a portion of Lot 23, Block 2, Oak Glen Furth Addition, across Outlot 2 of the Plat of Oak Glen, according to the Sketch for Propos d Road Acquisition prepared by Stack Land Surveying on June 14, 1987, and made a part of this Agreement as Exhibit "A". The City w' 11 hold this conveyance in escrow according t the terms of this Agreement. 4. Price. In consideration for the ransfer of this easement, the Developers, at the same time this Agreement is executed, shall pay to the City the sum of $5,000.00 to be held by the City in escrow according t the terms of this Agreement. . - 1 - . 5. Public Improvements. Provided that the easement is conveyed pursuant to paragraph 3, and payment is made pursuant to paragraph 4, the City shall cause plans and specifications to be prepared for the Streets and utili ties, and shall advertise for bids for the construction of these Public Improvements. The City shall allow the Developers to review all bids. 6. Award of Contracts. After receiving bids, the City shall execute a contract for the construction of the Public Improvements and shall cause the Improvements to be completed. Before executing this contract, however, the City shall alllow the Developers the option of terminating the project or any proceedings under the Agreement. In the event of such a termination, the Developers will remain responsible to reimburse the City for all of its out-of-pocket costs, including engineering and attorney fees, all of which shall be paid within thirty (30) days of such a termination. . 7. Escrow Property. In the event of such a termination, the City shall return all escrowed money and documents to the respective Grantors. If the Developers elect to proceed, the City shall file with the County Recorder the Deed of Easement held in Escrow, and pay to Oak Glen the $5,000.00 held in Escrow. 8. Assessments. After all City costs associated with the improvement have been determined, the city shall cause these costs to be spread as special assessments against all of the property within the Development on a basis and over a period that it determines, after consultation with the Developers, to be fair and reasonable. The Developers hereby waive the right to obj ect to this assessment on any grounds contained in Minnesota Statutes Chapter 429. 9. parties levied Fourth Parcel No Assessments for Oak Glen. The agree that no assessments shall be against Lot 23, Block 2, Oak Glen Addition and any remnant Oak Glen by reason of this Improvement; however, . - 2 - this Agreem nt shall not relieve this lot or the remnant parcel from normal connection fees including s wer access connection and water access conn ction charges and other related utility cha ges for a residential connection. . 10. Z nin and Subdivision Com liance. The Develop rs agree that any development that occurs on he Development Property shall be done in corn liance with the City Code of the City, incl ding, but not limited to, the applicable oning and Subdivision Chapters of the Code. 11 . T ansfer and Assi nment. This Agreement s all not be assigned or transferred by the Dev lopers prior to assessment being levied on t e Development Property without the prior writt n approval of the City. ' The t rms of this Agreement, in any event, shall be binding on the assignees or transferees of either party. IN signed NESS WHEREOF the Agreement this , 1 989. parties have day of . CITY OF DEVELOPERS: By Wally L. Abrahamson, Mayor Robert F. Granquist By Mary Lou Johnson, City Clerk Donald L. Granquist OAK GLEN DE ELOPMENT COMPANY, a Minnesota Limited Partnership: By David S. Johnson, Managing Partner . - 3 - . . . . STATE OF MINNESOTA SSe COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared Wally L. Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledge that said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) SSe ) COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared Robert F. Granquist and Donald L. Granquist, to me personally known, who, being by me duly sworn, did say that they are the Developers mentioned in the above Agreement, and that this instrument was signed as their free act and deed. Notary Public STATE OF MINNESOTA SSe COUNTY OF WASHINGTON On this day of , 1989, before me, a Notary Public within and for said County, appeared David S. Johnson, to me personally known, who, being by me duly sworn, did say that he is the Managing Partner of Oak Glen Development Company, a Minnesota Limited Partnership, and that this instrument was signed in behalf of Oak Glen Development Company and acknowledges that said instrument was the free act and deed of Oak Glen Development Company. Notary Public - 4 - 1 '-.., .P.. L'J:~ R. . <"" / ~' / 6>........ -- ......... '* I .....~... I I ~ ~. 1.11 , 40 ,~'" I.. "'" .j. ...... t.. f' ''-<\ . . '..-.., ...... "t.. ..:..... I'" ,,' . '(I . . ...... Au I'" ... ..., Z'!, H.~~" " O,4kt. t;--.~ I~ {-'r'/. ". &.,.., t.. 7"=:.j:: .} , ' .i" :',4 ....~.:/; "'- --- co: @ ~ . ::!\J \:3~ ~~ ~ ~ \ "'- ~ ~ ADP.I ~ ~ ~ ~ ~.~ - ~~ I ~/ \,,\ ~ COOED I l'I{HES 1 N FEET SCALE 1"= 1: 60(1 ROT/H I ON (I AT POINT 47 RIGHT 6 DOvJN 2 r ----- ~ 2,tfLL if) r m= .5'901 .~.;.-.:.:. :';::';;:::1. >.;...".. -r If; U! z:P >'j ~ ?C.A776'-::D ... .:. o~~ --qG.c~,-_,p ~, ~{. o/(jy rryQ '- "', "... .... ................ ... ", ~ . q. . . .. J~I APFf'Ff.. . /../X.. ,,~ f(. #. . -cco -- ~ .~ \.~.. Sketch preoared for Don Granqu~ c/o Mark Vierling, Atty., 1835 Nort~western venue, S~i11water, Hinn., 55C82 S'<:e!:i':-h r:r':':J.:lretJ b'/: SKETCH FOR PROPOSED ROAD LOCATION INTO GRANQUIST PROPERTY \ \ \ , , Exhibit A . . .~_. '":-.-.~-~~":"';~.'?:--:;'..~"'/:'.~"~'.-' .-.":', .~~'-_..,:.: :.1<,.. "'-'.~ . . " _ . :":"':;:;'_.-'."':"::,.' .'- ;"':~."'~~';""':...~~~~~~:-:.:~~:,":,:" Ill! . . 7.~_:if~~_,:: ~ f.. . ":':. ::':'..<;,':":.i"~ .~~ .:::' " ". -~...t-..~~.:;.::~:. :-. ~ I I . IV J' . . ~. . u":,, _ ....-.:~:... -- ., 70 -~jX~"IST .j'. ..' . . .-- .'. -':- " . - - ... . .'-. ,'''.''. .. -.- .. ".-. ", ...... - ~ ~ ~~:.~ ~:'~: '~::.:" : E=,o' .'. .. . . ;.". .'. ., :':"~'.'~~': ,\ / . \ .. ~ - \ - - /" ...;. 0,. ... - -1- .... "" . ... ,/ ...... I J c.5t"tr. ~~. .. , t I I --: .. J ,/ ; . ..." / / ....... s < Z'7" ...I Zs' . .. ! ~I " I I:} ~ . \ . LIST OF BILLS EXHIBIT "A'l TO RESOLUTION NO. 8051 . American Linen Supply Beberg, Byrdie Bo. Water Commissioners Bruette Roofing Business Machines Sales Capitol Electronics, Inc. Commissioner - Transportation Commissioner - Transportation Community Volunteer Service Copy Duplicating Products Cotton, Peter Dakota County Technical Inst. Eddy Bros. Excellence Training F.M.E. Corporation Gagnon Printing Company Glaser, Paule W. Greeder Electric Company Grindstone, Inc. International Institute Munici- pal Clerks Jim's Building Maintenance J. L. Shiely Company Junker Sanitation Service Magnuson/Dieperink Metropolitan Waste Control Commission Minnesota Chapter IAAI Mn. Fire Agencies Purchasing Consortium Moore Business Forms Nelson, Robert Northern States Power Co. PHP of Minnesota Premier Fastener Company Safety - Kleen Short Elliott Hendrickson Stevenson - Edwards St. Croix Youth Service Bureau Stillwater Area C of C Stillwater Area Economic Dev. stillwater Ford-Linco1n-Mercury Stillwater Insurance Agency Taystee Baking Company Washington County Human Services Zepper, Allen . Towel Service $ Typing-Police Dept. WAC Charge-1st. Quarter Patch Ceiling-Fire Dept. Service Agreement Maintenance-Radios-Fire Rental-Zephyr Re-Lamp April Payment Computer Paper Workshop 3/4/89 Fire School (4) Equipment Parts-Fire Drug Recognition Course (3) Rent - Postage Meter Logo/Budget Books Boiler Engineer Repair Lights/Pump Ice Knives Sharpened Conference-Mary l\pril Charges Sand Snow Removal Legal Services 25.35 40.00 4,801.50 65.25 431.00 96 . 00 900.00 101. 4 5 2,625.00 344.00 521.00 300.00 155.00 285.00 285.00 179.78 200.00 352.50 15.00 L. Johnson 275.00 770.00 154.21 3,000.00 4,852. 15 Sac Charge-Mat:.ch Membership-Bell, Bartho1 1989 Dues Billing Cards Refund Parking Permit Energy Charge Insurance-Blazek Tools for Garage Service Mte. Parts Engineering Appraisal-Fixed Assets 1989 Allocation Grant Grant Repair Speedometer Blanket Bond Concession Supplies Evaluation-parkos 2 Chapter Meetings ICBO 772.20 20.00 25.00 900 . 3 3 15.00 19,509.47 171. 00 318.73 Washer 88.50 13 , 3 59 .02 880.00 5,117.00 4,000.00 2,000.00 17.25 116.10 122.70 75.00 20.00 MANUAL CHECKS Blue Cross/Blue Shie d Government Training Hyatt Regency Minnea Junker Sanitation Se Mn. Dept. Public Hea Mn. Pollution Contro MTI Distributing Com Miracle Recreation E Stillwater Area C of Stillwater Sunrise R ADDENDUM TO BILLS ervice olis vice th Agency any uipment C tary Central St. Croix Va ley Community Access C rporation Goodwill Industries, Inc. Gopher State One-Cal N. W. Tire and Batte y P. O. S. T. Stillwater Bakery Thompson Hardware Tower Asphalt Jim Weber, Inc. March Billing Planning Conference (2) Rooms LMC Conference March Payment Permit Watermain #251 Permit Sewer #251 Toro Service School (5) Playground Equipment Meet ing-Kr iese l/Opheim 1st Quarter Dues Cablecast Meetings March Expenses 9 Calls @ 2.50 Tires and Batteries 7 License Renewals Supplies Supplies UP M Mix Snow Remova 1 . Adopted by the Counc'l this 4th day of April, 1989. APPROVED FOR PAYMENT 2,574.66 120.00 276.00 50,476.83 150.00 140.00 100..00 4,408.65 70.00 80.00 . 159.00 552.17 22.50 141. 13 90 . 00 18.00 25.40 76.13 1,040.00 . . . . . APPLICATIONS - April 4, 1989 CONTRACTORS Fireside Corner, Inc. 2700 Fairview Ave. No. Roseville, Mn. 55113 Giebler-Jahnke Woodworking 1111 So. First St. Stillwater, Mn. 55082 Robert Hagstrom Builder, Inc. 3394 Lake Elmo Ave. No. Lake Elmo, Mn. 55042 Industrial Sprinkler Corp. 2366 Rose Place St. Paul, Mn. 55113 J.S.R. General Contractor 1759 Peltier Lake Dr. Centerville, Mn. 55038 Lindstrom Cleaning & Construction 9621 Tenth Ave. No. Plymouth, Mn. 55441 Miller Excavating, Inc. 363.6 Stagecoach Tr. No. Stillwater, Mn. 55082 Geo. W. Olsen Construction Co., Inc. 1902 So. Greeley St. Stillwater, Mn. 55082 Panelcraft of Minn., Inc. 3118 Snelling Ave. So. Minneapolis, Mn. 55426 Penguin Insulation, Inc. 14520 61st St. Ct. No. Stillwater, Mn. 55082 Ryan Construction Co. of Minn, Inc. 900 2nd Ave. So., #700 Minneapolis, Mn. 55402 Western States Fire Protection Co. 2300 Territorial Rd. St. Paul, Mn. 55114 Fireplace Install. Renewal General Contractor Renewal General Contractor Renewal Fire Sprinkler Systems Renewal General Contractor New General Contractor Renewa 1 Excavators Renewa 1 General Contractor Renewa 1 General Contractor New Insulation Renewa 1 General Contractor New Fire Protection Renewal 1 / { 6 f d--t,..::vv / . r illwater ~ --~ ....-- - -\i'\ THE BIRTHPLACE 0 FM INN E SOT A J APPLICATION TO CONSUME Applicant Inrormation Name .:.f ':It'ganizati':lr,_~,-lL~~~~__.6.L~__~~__ Applicar,t Name(~"ll)__~~~~L_g~_~_ Stt'eet Addt'.:ss_1 ~~L.9__L~_~~_-Jd, Bit'th Da __~=~_:..__z:..I City~~____ State__~~~_________ Zip__~l:qJC~__ H.:,me Phl:lne_~~J ___CZ_LE_:t W':Jrk PhQne_J-_:?-_.E--=..k1..f-!.._ Facility InTorma~ion Pat'k 0'1" facility tel be I.lsed__~~_:r:._~~ Date b::. be used t; -Cf - Pi Time tQ be used /1: ~() - s-: ~ " . Num bet' I~ f pe-t'sl:I:-:::::~::~~~~_4~_________~~~~~~~--~---------- Purpose (soft ball game, wedd i ng, et p. ) -'f:',,4.0::'''~''__~~~::_':.t~ Type c,f activity(fund t'aiset', darlcing, music, etc. )~~_" --------~-------------------------------------------------------- Check Appropriate Inrormation ________Beer to Consume ___~_Bee't' t CI 5e 11 & C.:.nsl.lfl1e ________LiquQr to Consume ________Liquor to Sell & CQnsume ________Wine to Consume ________Wine to Sell & Consume Security InTormat ion ( Irlt et'rlal Use Drily) p,:, 1 ice Dffi cer Req ui 't'ed by Ci ty? _______ Yes. _______N.:.. Officer Rate of Pay $________ Mail License To:(If different than applicant) . -------------------------------_._----- -------------------------------------- ------------------------------------ CITY HAll: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612.439.6121 Minnesota Charitable Gamblin Control Board Room N475 Griggs-Midway Bu Iding 1821 University Avenue St. Paul, MN 55104-3383 (612) 642-0555 1. Submit request Jor exe ption at least~*s prior to the occasion. 2. When completing form, do not complete shaded areas until after the activity. 3. Give the gold copy to the ity or County. Send the remaining copies to the Board. The copies will be returned with an exemption numb r added to the form. When your activity is concluded; complete the financial information, sign and d te the form, and return to the Board within 30 days. LAWFUL GAMBLING EXEMPTION FOR BOARD USE ONLY . INSTRUCTIONS: PLEASE TYPE Address ells Ca~~olic Church Number of Members License Number (if currenUy or previously licensed) andlor pennit number. 2500 family "Organization Name 55082 Phone Number 6618 )339-4400 .. ~1' S cd Street Cl1ief Executive Officer's Name Slate '-in Zip Phone N mber Manager's Name Rev. ~bert Patterson Type of Organization If Other Nonprofit Organization (Check One and attach proof of nonprofit slatus). o IRS Designation o Incorporate with Secretary of State o Affiliate of Parent Nonprofit Organization o Fraternal 0 Veterans r:;t Religion 0 Other Nonprofit Organizati n Attach proof of three years existence Distributor Name of Premises Where Activity Will Occur St. Michael's Church Premises Add,ess Dale(s) of Activity. Orawing(s) 611 So 3rd Street Game Yes No Bingo Raffles i i I . Paddlewheels-. ,,/ Tipboards Pull- Tabs 1H. Use of Profit ACKNOWLEDGE ENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this app ication. By acknowledging receipt, I admit having be~erved with notice that this application will be reviewed by the charitable Ga bling Control Board and will become effective~~ys from the date of receipt (noted below) by the City or County, unless a re olution of the local governing body is passed whi<jh specifically disallows SUC..h activity and a copy of that resolution is received the Charitable Gambling Control Board within ~ays of the below noted date. CITY OR COUNTY - TOWN~! Name of Local Goveming Body (City or County) II. 'j .#-,. f,.' ...<-I-'".~ /: Township Name (Must be notified when County is the approving body) Signature of Person Receiving Application . Date~ /,J (./ I it.: Title Date Received CG-00020-02 18/88) White - Board Pink - Organization Canaty - Board returns to Organization to complete shaded areas. Gold - City or County " jj' ;.;.:&m~t~( . . . Adminis trative Code No. ):} - /;J.() FINANCIAL DISCLOSURE STATEMENT 1. Is anyone in your family who is living with you now, currently employed? Yes ~NO If YES, please list the individual who is working, the employer and how much he or she makes each month. INDIVIDUAL EMPLOYER MONTHLY SALARY 2. List the amount of money your family receives each month from any of the following sources: (How much is received each month and who receives it?) KINDS OF INCOME MEMBERS OF FAMILY RECEIVED HUSBAND WIFE WHO LIVE WITH YOU 1. Social Security (Exact amount of J-j/?tJ0 the check) h ..,,?V) ~1l/l....9- 2. Veteran's Benefits He . 3. Other Retirement J./6 4. Money from Renters No 5; Unemployment Ins. AID 6. Workers' Compo No 7. Disability Ins. !{6 8. Stock Dividends or Interest .~ 9. OTHER .ftU~ (over) Administrative Code No. /.~ - /d-O 3 List any Real Estate 'ou own or are buying other than your home, if any: 4. If you have not made ell of the payments on your home, list your monthly payment: ~(r-~......:.--.:e:- House Payment: $ ) r>t:-'':: :B.;l/~ per month 5. List your current yea's property tax 19 $ 4.3 J, ~ ~ 6. List your Financial A5sets (if greater than $10,000) Cash on Hand $ /fL........ . Savings Account 5 $ ~~ Stocks, Bonds 0'" Securities $ ~~ Life Insurance $ ./h.A..--v'-___.__ Other $ 7. List any unusual montily expenses for which you are committed to, such as hospital/nedical payments: TO WHOM AMOUNT $ $ $ - - - - - - - - - - - - APPLICATION 10 BE COMPlETED BY THE CI'IY APPROVED DENIED Date BY . . . . . t ~'.. ,.~ lj IN DlSTRICT COURT n -. STATE OF MINNESOTA COUNTY OF WASHlNGTON TF.NTH JUOlClAL DISTRICT Audrey E. T..Juhrs, Case Type: 7 Plaintiff, SUMMONS vs. City of Stillwater, Defendant. THE STATF OF MINNESOT~ TO THE ABOVE NAM~D DEFBNDANT: You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint which is herewith . served upon you, within twenty (20) days after service of this . summons upon you, exclusive of the day of service~ If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Dated: March 31, 1989 HAL~ORAN & HANDF.VIDT ',\ ! ii By : s / J 0 h I1 I. H a 11 0 r a I1 John t. Halloran #39846 Attorneys for Plaintiff 309 Sherman Street Jackson, MN 56143-0225 'Phone: (507) 847-2052 " #' " " STATE OF MIN~ES0TA IN DTSTRICT COUR~ . COU~TY OF WASHINGTON TF.~TB JUDICIA~ DISTRICT Case Type: 7 Audrey E. T...uhrs, Plaintiff, COMPLAINT vs. City of Stillwater, Defendant. Plaintiff, for her cause of action against defendant, alleges and states as follows: 1. Defendant is a unicipal 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 f Stillwater. 3. As a consequence f 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 a unt not yet determined. 6. Plain~iff has ! is uffered loss of income and loss of ability to earn income. 7. Plaintiff's damages are in excess of $50,000.00. . . , . . . . W~EREFORE, plaintiff prays judgment against defendant in an amount on excess of $50,000.00 together with her costs and disbursements herein. Dated: March 31, 1989 H~~~ORAN & BA~DEvtD~ ~y: sl John I. Halloran John I. Halloran #39846 Attorneys for Plaintiff 309 Sherman Street Jackson, M~ 56143-0225 Phone: (507) 847-2052 ACT:<NOWT...F-DGMENT Plaintiff, by and through the undersigned, acknowledge that costs, disbursements, reasonable atto~neys' fees and witness fees may be awarded to the opposing party pursuant to M.S.A. S549.2l, SS2. sl John I. Halloran John t. Halloran 1- , .. STAFF REQUEST ITEM . DEPARTMENT _Jlc!rr1Jni~tr.9j:iQtL______________ MEETING DATE ..AP.ril_~_l9..89____ DESCRIPTION OF REQUEST (Briefly outline what the request is) ___Ik.CUJ~ s..t..jl.erJ]].:Ls..siQI1_to..LfQ.Y..L.9.r_f.i'Le_.Q~!:'~QI1.~_f.'C.Q..I1Lj:.bg.J1.d.IDin.i~tr.,g1i 'Le_.Qff..ic~_l9..._ ++..... d. -1-1;;..... J\~~" 1 C:::n",' M"",~'. p..., . M, .....+;.'" J"/'. M 2 1080 5-30 P M ___il..i..J..s;ll _1...LLt:-f.1J.llW,g _~:.1.Dg...J:.w.Lu..cl=-:.su..s_l:.I.e..~~LQ1L JJ~s..\Lqy-,__ilY.._~__~~~__~___:......:. ___il..~lhe..~~~_i~JU~~m~.D~________________________________________ --------------------------------------------------------------------- , . ------------------------------------------------------------------~- FINANCIAL IMPACT - (Briefly outline associated with this request and needed to fund the request) the cC1sts, if any, that al"e the proposed source of the funds . __Jba_~~1_~jl9..J1L]~~~~~~n~-is..-ULh~~--------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- ADDITIONAL INFORMATION ATTACHED YES NO ALL COUNCIL REQUEST ITEMS ~~~I BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. SUBMITTED BY ~_~~~~l~~_~~~n~~~________________ DATE _]L~V32________ . . . . ~\t 3 'ge9 METROPOLIT&~ COUNCIL Mears Park Centre, 230 E. Fifth St., Saint Paul, Minnesota 55101 LOCAL GOVERNMENT KEY CONTACT PERSON Instruction3: To help us improve communications with local governments, the Metropolitan Council asks that you designate a "key contact", or office, to receive all official Council mail. This includes public hearing and public meeting notices and drafts; a weekly list of meetings of the Council, its committees and advisory committees, with agendas; referral notices of Council ~ reviews of plans or proposals; and notices of other Council actions that affect your jurisdiction. We will mail additional copies of reports on request. Unit of Government Form completed by (Name) Title Date Present Key Contact Person: NILE L KRIESEL COORDINATOR CITY OF STILLWATER 216 N 4TH ST STILLWATER MN 55082 13197 Key Contact Person (Name) Title ~w~ ~dtJ ~~ w ~ 1hu. ~~~' ~ V't\~ j~Ul.~~tU ~.~~ ~~ ~ Organization Address City Mail to: Metropolitan Council Attn: Lois Tolliver Mears Park Centre 230 E. Fifth St. St. Paul, MN 55101 . iIIwater ,~ ~ --- \~ TIfE IIl1Tlfl'LACE OF MINNESOTA . J STillWATER POLICE DEPARTMENT DAVID MAWHORTER Chief of Police EMERGENCY TELEPHONE: 911 TO: Mayor/City Council FROM: Sgt.. Beberg at? SUBJECT: Rivertown Taxi DATE: 040189 . The licensing requirements have been met by Rivertown Taxi and they have been told that it is OK to start operating today. Their insurance meets the City requirements and I have a copy of that. I called the insurance agent that issued the policy and was told that it would be 7-10 days before the Certificate of Insurance form is completed and sent to the City with the City (Attention City Clerk) being listed as the certificate holder. I have checked and passed 2 of their vehicles as of this date. (The wrong meter came for the other vehicle and has been reordered.) These 2 forms are attached. The third one will be sent to the City Clerk after being completed. I reminded their general manager, Martin Withuski, that the vehicle that has not been inspected is not to be used until that has been completed. I did a background check on 17 applicants that applied for taxi drivers for the company. Of the 17, L5 were OK'd by the police department. Two were rejected, 1 for an incomplete application and 1 for lying on the application. This was pa&Sed on to Mr. Withuski and he will comply with those. cc: Chief Mawhorter Rivertown Taxi PD File ~ /1.. . 212 North Fourth Street, Stillwater, Minnesota 55082 Phone: 612439-1314 or 612439-1336 March 30, 1989 CENTRAL SAINT CROIX VALLEY JOINT CABLE COMMUNICATIONS COMMISSION 1941 S. Greeley Street Stillwater, r-lN 55082-6012 (612) 439-8803 Mayar Wally Abrahamson, Mayor City .of Stillwater 216 Narth Faurth Street Stillwater, MN 55082 ,. Dear Mayor Abrahamsan: I am pleased to announce that the Joint Cable Commission vated on March ~5th to fund thl:! c;:ablecasting .of yaur City Council meetings. It will nat be necessary to reimburse the Cammunity Access Corparatian'far any meetings that have been cablecast since March 15, 1989. I wauld request that yau give 30 day notice ta the Community Access Corparatian ta cancel the present contract. I would anticipate that the Commission's funding will be .ongoing, as Commission members feel that this is a very appropriate expenditure .of Commissian monies (part of the five percent franchise fee) received fram the cable company. , . We wauld like ta thank yau far yaur willingness ta pay far the cablecasting .of yaur meetings in the past. It has praven ta be an excellent way ta keep yaur residents infarmed .of cauncil activity. Yau have" a much larger audience now than yau cauld have imagined when yau started ta cablecast meetings. I have received many pasitive camments fram members .of the cammunity with regard ~a the meetings1being cablecasted. If yau have any questions, please feel free ta cantact me at the Cammissian .office (439-8803.) . Sin:erelY/~6 ~~~ / ~{'~'~'t E. ,K utsan Chairpersan MEK:mr cc: .\ ~ - James' ?rancis Nile Kriesel . Representing the Cities of Bayport. Oak Park Heights. ami Stillwater also the Townships of West Lukclund, Bay town, amI Stillwater MICHAEL E. KNUTSON, Chairman JACLYN ULRICH, Vice Chairperson EDWAnD I,AWSON BEV SCHULTZ, Secretary MAny KREIi\fEn-AI>RIAN ANN M. BODLOVICK, Treasurer PIIYU.IS WIIITE DEAN KERN JACl( I>OERI{ '2> \9,fQ9J fl?~. . ~ iIlwater ~ ~ ~ , - DAVID MAWHORTER PUBLIC SAFETY DIREcroR POLICE CHIEF THE BIRTHPLACE OF MINNESOTA GORDON SEIM FIRE CHIEF DEPARTMENT OF PUBLIC SAFETY DIVISION OF POLICE M E M 0 RA.NDUM TO: MAYOR ABRAHAMSON, MEMBERS OF THE CITY COUNCIL AND NILE KRIESEL, CITY COORDINATOR FROM: D. P. MAWHORTER, PUBLIC SAFETY DIRECTOR DATE = MARCH 31, 1989 RE= LETTER FROM THE COUNTY ATTORNEY -------------------------------------------------------------------- Attached you will find a letter from the County Attorney regarding a croblem that he is having with filing criminal complaints on individuals that are incarcerated by this department. The problem deals with the typing of victim, witness and suspect statements. . According to law, we have 36 hours to bring a formal complaint before a judg~ on any individual that we jail for a criminal offense. The 36 hours starts when the person is jailed and runs continuously except fo.,.... Sunday. The County Attorney requires that all statements taken from victims, witnesses and suspects be reduced to typing and forwarded with the case reports to his office for review prior to the drafting of a fo.,....ma I" ceomp 1 aint. His problem is that we are not able to do this within the 36 hour time limit all the time. If we can't make the time deadline, the suspect is released from jail. We then have to try to find him and serve him with the complaint. This is often difficult Cor impossible as those who are facing felony charges tend to make themselves as scarce as possible. The l''''eas,:.r, we car,' t always make the deadliY"le is that we simply d.:.n't have the stafY to do the typing. For that matter, we have NO staff to do any typing. I do all my own typing as do the other personnel '..\ride.,.... my supervisic'YI. StatemeYlts a.,....e typed by p~rsl:IYIS whcl are YIC.t members of the department on a contract basis and according to their availability. I explai Y"red this to the COlmty Atto.,....Yley aYld .:.ffe.,....ed several sl:.l ut iC'YIS t':1 the charging problem. NOY"le were acceptable to him. . I am writing yc.u this memo to formally advise yc,u I:,.f the pr.:,blern we are faced with seo that you may be able to respond should this occur in a news wort:hy case in the fut lire. ::;~rrn 209' DISk~STW 1 212 North Fourth Street, Stillwater, Minnesota 55082 Police Phone: 612.439.1314 or 612.439-1336 1=;,1" Phon",' Fi1?-4~q.fi120 OFFICE OF ASHINGTON COUNTY ATTORNEY ARNEy . Washington County Government Center 14900 61st Street North - P.O. Box 6 Stillwater, MN 55082-0006 Chief David Mawhorter Stillwater Police Departmen 216 North Fourth Street Stillwater, MN 55082 March 24, 1989 RE: Defendant1s Statements and Confessions Dear Dave, We have had some minor roblems in the past with our ability to charge persons in custody within t e mandated time period, because of the unavailability of verified tatements. Could you please stop b the next time ypu are up our way and hopefully you and I could work someth'ng out to resolve these problems. RMA/js Administration Division (612) 779-5405 Civil Division (612)779-5463 Sincerely, f}YryY[Vvvu,~^ Richard M. ArneyU Washington County Attorney Cri inaJ I JuVlllllle Divisions SociaJ SelVlces Division (612) 779-5405 (612) 779-5404 Affirmative Action I Equal Opportunity Employer Victim/Witness Divislon (612) 719-5405 Facsimile Macnlne (612) 779-5498 5..... . . . . . MAGNUSON & DIEPERINK ATTORNEYS AT LAW THE GRAND GARAGE'" GALLERY 314 SOUTH MAIN STREET STILLWATER, MINNESOTA 55082 (6121 439-9464 David T. Magnuson Ann L. Dieperink Susan L. Thorn Administrative Assistant March 31, 1989 Lisa Gidlow Moriarty Legal Assistant David Mawhorter, Chief of Police City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Charitable Gambling Operations on Leased Premises Dear David: You have asked whether Minnesota Code of Agency Rules M.C.A.R. 786.0100, subpart 2, a rule that prohibits a landlord's bar activities from being operated in conjunction with a tenant's charitable gambling operation, would prohibit ari employee of the landlord's bar from actually making sales of charitable gambling devices. A review of the Minnesota Statutes Code of Agency Rules and a conversation with the Minnesota Charitable Gambling Board leads me to conclude that as long as the equipment of the charitable gambling tenant is kept separate from the landlord's business activity, no separate rule or statute woulQprohibit an employee of the landlord's bar from making a sale of the lawful charitable gambling devices. There should be a separate cash register or cash box, and a identifiably separate area of~he bar made by some tangible means and identified by a sign of the nature and .size that is required by the State Rules. This would satisfy the requirement of the Minnesota Code of Agency Rules that the business of the landlord not be conduc~~d in conjunction of the business of the charitable gamblingi1;.enant. ! ft. Please call if you have any further questions. Very truly yours, MAGNUSON & DIEPERINK ~T. DTM/kn c: Nile L. Kriesel City Council; Tubby Lohmer Wally Abrahamson . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 41 OF THE STILLWATER CITY CODE, "LICENSES, PERMITS AND PROHIBITIONS" The City Council of the City of Stillwater does ordain: 1. Chapter 41.01, Subd. 3 of the Stillwater City Code is hereby amended to hereafter read as follows: "41.01, Subd. 3. Application for such license shall be made to the City Council and shall be granted by the Council upon proof of applicant's qualifications therefor, and upon filing with the City Clerk a Certificate of Insurance evidencing Comprehensive General Liability of Insurance, including products and completed operations coverage with combined single limits of at least $300,000.00, having no exclusions for explosion, collapse or underground coverage. Such Certificate of Insurance must provide for notice to the City of cancellation of the same by the issuing agency." 2. In all other ways, the Stillwater City Code shall remain in full force and effect. .. 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this , 1989. day of Wally Abrahamson, Mayor Attest: Mary Lou Johnson, City Clerk . MEMORANDUM TO: Mayor, City Council and Staff of the City of Stillwater FROM: David DATE: March 31, RE: Insurance nuson, City Attorney 89 quirements for Contractors' Licenses It has recently come to our attention that the insurance requirements provisi ns of the Contractors' Licensing Ordinance have been outdated an need revision. After conferring with knowledgeable field and conferring with municipalities that a combined single limit of at appropriate. people in the insurance in our area, it appears least $300,000.00 is This sort of example, this kind by himself $341.00 this amendment. DTM/kn . c verage is not extremely expensive. For o coverage costs a carpenter who is working a year. I urge the City Council to consider ~ David T. Magnuson Stillwater City Attorney . .- . ~("'\"""i\ ~ -. ~) 1-)- ~Cj OF T~pI Minnesota DepananentofTransportation District 9 3485 Hadley- Avenue North Oakdale, Minnesota 55109 rUT (y- . . Telephone ~ C r;-<t-~ DATE: March 24, 1989 TO: Reviewing Agencies, Interested Special Concern Groups a1f Individuals (see attached list) FROM: MiCh~~ ~OUiS, Project Manag~r Minnesota Department of Transportation (Telephone #612-779-1208) SUBJECT: Environmental Special Studies: Recreational Use of the St. Croix River Social Impacts Enclosed are the above identified Environmental Special Studies. These are the last two pre-DEIS environmental impagt special studies that were identified in the Scoping Declsion Document/Final Study Outline, dated January 15, 1987. For your information, the following is a distribution summary of those studies: 1. "National Wild and Scenic Riverway Impacts (Aesthetics and Recreational)" This study was separated into the following two reports: a. Visual Impact Assessment for the Stillwater/ Houlton Corridors and Crossin~s, distributed 3/23/88, and; b. Recreational Use of the St. Croix River, distributed 3/24/89. 2. "Economic and Agricultural Impacts" This study was separated into the following two reports: a. Economic Issues and Impacts, distributed on 5/26/88, and; b. A~ricultural Issues and Impacts, distributed on 4/7/88. 3. Social Impacts, distributed on 3/24/89. 4. Historical and Archaeolo~ical Impacts, distributed on 11/10/88. An Equal Opportuntty Employer . 5. Energy Use Impacts, distributed on 4/7/88. 6. Natural Resource Im acts, distributed on 1/26/88. 7. Threatened and En an ered S ec'es Impacts, distributed on 1/26/88. 8. Noise and Air ity Impacts, distributed on 11/10/88. In addition to the abov following reports in re 1. Community Bypass 2 .1mQacts of the No Proposals 3. River Crossin~ Co 4. Preliminary Cost 5. Draft Section 4 f Scenic Riverwa studies, we have also provided the ponse to requests and concerns: eview th and South Corridor Tunnel ce t 0 tions: Locations and Features stimat~ Evaluations for the Lower St. Croix ile Long Island. and Kollinger Park We have now turned our fforts to preparing the draft Environmental Impact St tement, and finalizing the Special Studies to reflect revi w comments and Concerns. The draft EIS will include summar'es of all the above environmental documents, plus technic 1 and planning studies and information. We are hoping to be to publish the draft EIS for public and agency review sometime in June. When that is . accomplished, we will hold additional community information meetings to present and explain the report. After that, we will probably sched Ie two Public Hearings, one in Minn~sota and one in Wisconsin. We are aiming for September. . I am still in the proc review letters, and I few weeks. We are att best we can; please ke you for your time and be a much more compreh ss of responding to a couple of ope to finish those up in the next mpting to address all concerns as p working with us on these. Thank ffort. The end result will certainly nsive draft EIS. . . . . Representative Doug Swenson District 55A Washington County Committees: Education Health and Human Services Judiciary Crime and Family Law Division Metropolitan Affairs Minnesota House of Representatives Fred C. Norton, Speaker March 28, 1989 Mary Lou Johnson, City Clerk City of Stillwater City Hall 216 North Fourth Stillwater, MN 55082 Dear Ms. Johnson: Thank you for your March 10, 1989 letter informing me of the resolution passed by the Stillwater City Council in support of the 100% transfer of the motor vehicle excise tax and the use of a portion of this tax for the road needs of local governments. I support both of these positions and will attempt to work to implement them. ;2:J.relY, DOUg~nSon State Representative bk Reply to: o 321 State Office Building, SI. Paul, Minnesota 55155 o 9429 Jewel Lake Court, Forest Lake, Minnesota 55025 Office: (612) 296-4124 Home: (612) 464-6465 ~. . . . Harriet McPherson District 558 Washington County Committees: Agriculture Economic Development and Housing Education Environment and Natural Resources Labor-Management Relations Minnesota House of Representatives March 29, 1989 Mayor Abrahamson Stillwater City Council 216 N. 4th St. Stillwater, MN 55082 Dear Mayor Abrahamson and Council Members: Thank you for your resolution asking for removal of the sunset provision in the 1988 Transportation Funding Bill. Your resolution joins others from hundreds of cities throughout the state. Washington County and many other counties have joined in the same effort. You can be sure th.at I will do everything in my power to keep those funds corning to cities and counties for road construction and maintenance. This is very unfair to the cities and counties. Please be sure to have your League of Cities lobbyist working on this issue with every legislator throughout the state. Hopefully, we will be able to change this sunset provision. I appreciate your impute S7~ Harriet McPherson State Representative HM/ko Reply to: o 211 State Office Building, SI. Paul, Minnesota 55155 o 2398 Stagecoach Trail North, Stillwater, Minnesota 55082 Office: (612) 296-5511 Home: (612) 439-3754 ~. WASHINGTON COUNTY ASSESSOR'S OFFICE GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 . STILLWATER, MINNESOTA 55082,0006 612/779,5403 Fax machine: 6121779-5498 J. Scott Renne, MAl, CAE County Assessor 779.5136 Dennis Montague, CMA Assistant County Assessor 779.5137 Date: March 10, 1989 Judith M, Ellis, CMA Administrative Technician 779-5465 To: City and Township Clerks From: J. Scott Renne, MAl, Washington County Assessor::rS~ Subject: 1989 Local Board of Review Booklets Please distribute the 1989 Local Board of Review Information Booklets to the members of your city councilor township board. The schedule for the Local Boards is on page 22. This year if there is not a quorum for the Local Board of Review the meeting will not beheld. The Local Board of Review is an official public meeting and action cannot be taken without a quorum per State Statutes. Please remind the members of your Local Board of this fact, and if there is any problem contact me as soon as possible. We appreciate your cooperation in assisting us in holding the Washington County Local Boards of Review. . .. Washington County does not discriminate on the basis of race. cot or, national origin, sex, religion, age and handicapped status in employment or the provision of services. QUENTIN N. BURDICK. NORTH DAKOTA. CHAIRMAN DANIEL PATRICK MOYNIHAN. NEW YORK ROBERT T. STAFFORD. VERMONT GEORGE J. MITCHEll. MAINE JOHN H. CHAFEE. RHODE ISLAND MAX BAUCUS. MONTANA ALAN K. SIMPSON. WYOMING FRANK R. LAUTENBERG. NEW JERHY STEVE SYMMS, IDAHO JOHN B. BREAUX. lOUISIANA DAVE DURENBERGER. MINNESOTA BARBARA A MIKULSKI, MARYLAND JOHN W. WARNER. VIRGINIA _RRY M. REID. NEVADA LARRY PRESSLER. SOUTH DAKOTA GRAHAM. FLORIDA PETER D. PROWITT. STAFF DIRECTOR BAilEY GUARD. MINORITY STAFF DIRECTOR llnittd ~tatts ~rnatt COMMmEE ON ENVIRONMENT AND PUBLIC WORKS WASHINGTON. DC 20510-8175 March 25, 1989 Wallace Abrahamson, Mayor Stillwater City Hall 216 N. Fourth St. Stillwater, MN 55082 Dear Wallace, Thank you very much for bringing the funding needs of the Lower St. Croix Wild and Scenic River to my attention. I understand why this is important to you as well as the need for a Visitor Center. Accordingly, I will work to see that adequate funding is appropriated in fiscal year 1990 to the National Park Service. .. However, in these austere times, it is very difficult to fund all the deserving programs. Both, the number and needs of worthy programs far exceed the government's financial resources. Nonetheless, I will contact my Senate colleagues on the Senate Appropriations Com' ee support of your program. a privilege to Thank you again for serve you in the United DD/eg . " . CITY OF SAINT PAUL OFFICE OF THE MAYOR GEORGE LATIMER MAYOR 347 CITY HALL SAINT PAUL, MINNESOTA 156102 (612) 298-4323 April 3, 1989 TO: FISCAL DISPARITIES "GAINERS" FR: DIANE LYNCH JIM O'LEARY RE: NEXT MEETING Let's meet again to strategize regarding H.F. xxx/S.F. 891, the Fiscal Disparities bill on: . Thursday, April 6, 1989 2:00 p.m. Room 546 State Office Building For your information, we have attached a copy of Minneapolis' "Current Loss" impacts. Be prepared to target legislators on those key committees, and help us strategize as a group. See you then! DL:JOL:kh enclosures cc: Mayor Latimer Steve Proeschel Bonnie Balach Greg Blees . ,,_. . . ~~~~~~N~__________ "~-~-~'~-~.4~._'~'<~.~'~"-~'~~-'~ ~~~~~~x~~n~nn~~~~e~n-~ _4~~_~_>"~OO_~~~X%~_O~X ~~X~~~_~O~~%~_O~_X~~O ~_~O_~ ~_z~n-_=_o CC~- ~%~ X_~~ ~~~X~~<~~~~~ >~~~~O~~~~_~~~~ ~~Q~ X ~_~_~~~_ < ~O~C ~~ ~~ ~ ~~~~~~ ~ ~ f,n~ <11 ~~~~~= en :5 .,. n~nnnnn~nnnnn~n~M_--~~ .. "" .. ~ .. -0 .. ... .. .. UO .. Q .. "" ... ::> -:: .. "" ~ :;:; .. .... .. ~ .. .. "" .. "" .. ~ .. .. .... (~ .... .. co "" .... I:: "" '" :.. 0:- .." "" ~~_ ~.~ O~ W ~~ ~~~~~~~~~~~~~~ -~~-.~. 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Ie;: ..................: Conlt jt.utiM Dish ik:lon II!: Gain Contr it.ul ion Disll:~al ion lie I Gain Coni rit>u ti on Dislr it>ul ion Hel Gain Contribution ~iSI r iMion Het Gain Code NaIl Value \! lue 0' Loss Valuf ~clue 01 Loss Value Valuf or Loss Value Valuf or Loss ........................ ...-. -.-............... ....... ........ .;...... -................... ........................... ---.................... --.... ..--................... ................... ..............-........................ --.... --.... -..- --........ --- -...... ---... -.... --- -.....- --..-.- ............ ...---.... --- --...-........ --- ......-.......... -..--.... ..-.. mUllm l' 17' IIHHE lEU J .. 1.258,420 i,??'.'OS ~.SI'.~~8 1,309.211 !. 004 ,08~ i.5c:.m 1.505,726 11. 0(". 8(1~ 9,499,080 1.125,485 13,m.m 12.008.037 175 mEN HilLS c 23.m,010 b. il;: .006 11i>.i>~:.0101 24,394,800 e.m,ObO (10,159.8001 30,448,117 12,12~.~4(; 116.323,2771 37.801.'49 /5.300.6'08 122,uo,ml !LAlliE IJJI S /.m.13~ 0 1\.~sc.131l /, 766.682 0 11.761;.682) 4.029,045 0 14,029.0451 9,1I9,3lil 0 19.119.3611 m mC(lH HElGI/IS.- C 2.383,61 5,bbC .114 j,2;~.4% 2,445,784 i..405.m 3.959,861 3,238.260 7,883.253 4,644,993 4,207.080 9.785.992 5,S78,m 178 G[K WE C 941,570' 23: .t90 (7)5.8801 977,179 2b9.m 1707.919) 1,134,160 401.383 1732,771/ 1,311.649 5;6.351 1735,2991 J 79 uu~mAlE c 967,779 2.Ut.163 l.n.3S4 553,689 .. '70.443 2.216.754 742,666 3,550.271 2.807,605 m.545 4.715.902 3.193.357 180 WILE CANADA C ~,OI4,m Q --. "I 319.812 10,171,325 10.273.409 10~.085 12.203,278 13.389 .829 I. 1~6.551 14.616.624 17.019,453 3.002.829 ~ . :...'~. ='J ISI 114PlEW~'l'~ C '9.597.818 24.n!.SQo (24.372.0421 50,784.251 2t.479,2So 1n.301,m) 51.897,418 40,430,907 IP.466,5111 65,752,970 52,4.5.6fil (I3.287,309) JI)2 MOUtlDS VIEW C 4.002,992 li.9~!.m 13,921.266 4.495,349 20.536.m lc:.04U36 5.1l2 ,192 29,830.046 24,7J7,854 5,802.5li3 39 .m. 125 34,017 .562 183 HEW 8~IG"IOH C J5,431.824 24.71,.(30 9. 27? 406 16,272,668 28.1b6.721 11.89l,m 20,999,657 40,66~.334 19,669,677 26,900.395 55. 4b4 .465 28,564,070 1f:4 NORII/ OArs C 52 1,063 I. 3~3. 840 S:2.i77 527,OSO 1.594.416 I. 067 . 33~ 623,509 2.076.976 1,453,467 731. 96~ 2.m.164 /.953,195 185 HOUI/ 51 fALl\. C 3,560,119 14,93:.289 11.372.170 3,727.W 1:.191,211 13,464,125 4,640,987 24,353.521 19,712,533 5,72J ,743 33.031.893 27,316,150 186 mmur c 57,614.776 2l.iH .331 (32,8%,4151 74,314.0~5 27.051.433 W.286,6421 SS. 298,229 36.64C,604 (51.&49,624) J04.m.327 48.425.413 155,907,914) SI. AHIHllNT 1m 5 1,750,001 2.42t.078 674,077 2,438.1?J 2.014,551 176,366 3,046,169 2, 9A6. 8S8 (59,2811 3.739,862 4.047.451 308. 589 IS7 SHOREVIEW C 14, 527 ,13~ 20.0(:~.306 5,562.167 J 5,365,836 22.848,043 7,482,207 J7,486,060 29.130.657 11,644,597 19,884.921 34.800.347 14,915.426 SPlING U PI 1m S 21,351 /9t.m 175.144 21,402 211.266 189,864 23,508 259.751 236,243 25,743 m.565 307,821 190 51 flUl CC 165.103,900 296,26!.m 131,165.793 179,460,326 340.411,m 160,951,153 227,927,327 454,792,037 226.864,710 284,305,0/6 628.303.269 343,998,2S2 ..- 191 V40Nm REllil/IS c 9.962, 186 9.23L796 Im.3901 II ,355, 176 9.933,714 (1.421,462) 15,379,717 11,340.938 11.038,778) 20.775,865 Jj,m.909 17.101,956) J92 WHIlE !UR LAIE (JUC 9.499,196 24.m.4ao IS,232.284 10,258,868 28.342,357 IC,083,490 13,387,903 39,092.360 25,704,457 17,309,5/8 50.860,476 33,550,958 ................................ .. ... ....... ................ .................................................................................................................................... ......................... ..... ...................... ....... .............. ..................... ....... ........ ..................... ............... ............ ........ ......4O. .............................. ..... ................................................................................. .................... ........................... ...................... ....... .................... ............. .....4O....... 370,292,548 493.00(. -14 J22.798./6t 410,t69,097 5(.4.245,001 153.575,907 508,12j,92S 759,966,401 251.842 ,412 625,017.087 1.025.m.766 400.782.679 . . . . . --- . .. ... )10 .. .. .. ,. 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I I- I . . . . . . . . . . I . . . : Q ~ i;:;; : ti :It ! , .... I ., :~~ . ! ! . . . : . . : . , ! ~ i;f :'-Q") , ., ... . ""_. .... ::> go .. ~~ c: ., .. '" "" .... -- .. - -, co er "'" :i~1 ~ 0. : .. '" I I . I , : , i I , : : I . . : . : co . ~! ~=.- ~er_ c: '" ..., .. _ 0 o' ::> ~c;: .. '" - g' .... ., ::> ~5: '" er .. ~ g ~ ~ ~=.- -er- e: e: "'" .. -.... g , I . I ( ~!: I ~:ll ~ :;- 1 . I . g <- =- =.. c er ..~ ( . . . . . I . 8' i I I "" , _, I ... . - . ~~.- - er ... c e: .... .. -- g' : . I . ., l": I .. - roo en I ., ... I '" _.. t .. '" I . . fl If ..,... STILLWATER PUBLIC LIBRARY . 223 NORTH F'OURTH STREET STILLWATER, MINNESOTA 55082 439-1675 MINUTES LIBRARY BOARD OF TRUSTEES MEETING MARCH 6, 1989 . The regular monthly meeting of the Stillwater Public Library Board of Trustees was held on Monday, March 6, 1989. The meeting was called to order at 6:35 P.M. by Vice-President Susan Doe. Present: Welshons, Kalinoff, Childs, Schmidt, Anderson, Doe, Engebretson, Cass, Bertalmio. The agenda was adopted as amended. The minutes were approved as published. Payment was approved for bills in the amount of $11,121.86. Member Education - Lynne Bertalmio made a presentation to the Board on the subject of Collection Development and Selection of Materials. Committee Reports: Building & Grounds - The committee will meet soon to determine completion of the landscaping project. Finance/Budget - The Truth in Taxation Law will necessitate acceleration in our budget process. Goals - The committee will meet this month to review goals scheduled for 1989. Public Relations - The committee will meet to discuss the 1989 plan. School Use - the Teachers Guide has been distributed to the District #834 secondary teachers. Lynne has approached Ken Pederson on the possibility of making a presentation at a District workshop during the next school year. Special Projects - Plans have begun for National Library Week and Lumberjack Days. WCL Liaison - Greg Schmidt reported on items of interest to the SPL Board from the-rebruary 14, 1989 WCL Board meeting. OLD BUSINESS 1. Legislative Day - Lynne Bertalmio and Susan Doe attended the 1989 Legislative Day and presented a report. 2. WCL/SPL Contract - Lynne Bertalmio and Jim Wells will meet on March 9 for further discussion on this item. 3. Personnel Policy - The Board moved to adopt the Policy and Procedures Manual. . Page 2 . NEW BUSINESS 1. Adult Education Grant - Dave Chittenden is continuing to work on this grant. The Board moved to authorize Lynne to write a letter supporting the proposed Traveling Science Exhibits through the Science Museum of Minnesota. 2. MELSA Conference - Will be held Tuesday, April from 7:30-9:30. 3. Macintosh Training - Lynne will check on this before the April Board meeting. 4. On-Line Public Access Catalog vs. CD-ROM Catalog - Lynne pre- sented a status report on the Task Force's work. 5. Drug Education Collection Donation - The Board moved to express interest to the Stillwater Rotary in housing drug education materials they propose to donate to the Library for public use. The Director1s Report was accepted as published. The meeting was adjourned at 8:35 P.M. Respectfully submitted, . Jane Dickinson Cass Secretary . STILLWATER PUBLIC LIBRARY . 223 NORTH FOURTH STREET STILLWATER, MINNESOTA 55082 439-1675 MINUTES BOARD OF TRUSTEES ANNUAL MEETING 1989 President Don Hansen called the Annual Meeting of the Stillwater Public Library Board of Trustees to order at 9:03 P.M. on Monday, February 6, 1989. Present: Doe, Anderson, Hansen, Cass, Kalinoff, Engebretson, Schmidt, Bertalmio. Committee appointments were confirmed as published in January, 1989. . The meeting was adjourned at 9:05 P.M. Respectfully submitted, Jane Dickinson Cass Secretary .