HomeMy WebLinkAbout1991-12-03 CC Packet
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AGENDA
STILLWATER CITY COUNCIL
Decembe r 3, 1991
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
STAFF REPORTS
1. Finance Director 4. Comm. Dev. Director 7. Fire C i1 i e f
2. Police Chief 5. Parks & Recreation a. Building Official
3. Public Works Dir. 6. Consulting Engineer 9. City Attorney
10. City Clerk
11. City Coordinator
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - Special Meeting - November 12, 1991.
Regular Meeting - November 19, 1991.
INDIVIDUALS, DELEGATIONS AND COMMENDATIONS
PUBLIC HEARINGS
1. This is the day and time for the Public Hearing to consider a Special Use
Permit to maintain a cougar (undomesticated animal) on a residential
property within the City of Stillwater, located at 1251 W. Orleans St. in
the RA, Single-Family Residential Dist., Case No. Sup/91-55. Richard
Sowers, Applicant.
Notice of the hearing was published in The Courier on November 21,
1991 and mailed to affected property owners.
2. This is the day and time for the Public Hearing to consider a continuation
of a Variance to the sideyard setback requirements for construction of a
garage on a corner lot (30 ft. required, 17 ft. requested) & to the size
requirements for an accessory structure (1,000 ft. required, 1,008 ft.
proposed) at 317 No. Owens St. in the RB, Two-Family Residential Dist.,
Case No. V/91-51. Donald Hill, Applicant.
Notice of the hearing was published in The Courier on November 21,
1991 and mailed to affected property owners.
3. This is the day and time for the Public Hearing to consider a continuation
of two Variances for the placement of a pylon sign & a free-standing sign
at 110 So. Greeley St., located in the RB, Two-Family Residential Dist.,
Case No. V/91-50 & V/91-53. Melissa Johnson & Heidi Rosebud, Applicants.
Notice of the hearing was published in The Courier on NovelIDer 21,
1991 and mailed to affected property owners.
4. This is the day and time for the Public Hearing to consider a Minor
Subdivision, 10 ft. by 135 ft. of Lot 13, Block 11, to Lot 14, Block 11 of
Churchill, Nelson & Slaughter's Add. located at 1020 So.Fifth St. in the
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RB, Two-Family Residential Dist., Case No. SUB/91-57. Dennis & Marge
Galowitz, Applicants.
Notice of the hearing was published in The Courier on November 21,
1991 and mailed to affected property owners.
5. This is the day an~ time for tile Public Hearing to consider a Planned Unit e
Development for thel' construction of two duplex units (four single-family
units with zero si~eyard setbacks) located at 310 No. Second St. in the
RB, TV-Io-Family Resildential Dist., DowntO'v/n Plan area, Case No. PUD/91-58.
BARK Properties, Applicant.
Notice of the hearing was published in The Courier on November 21,
1991 and mailed to !affected property owners.
6. This is the day andl time for the Publ ic Hearing to consider a Resubdivi-
sion of three lots bf 25,984 sq. ft. into four residential lots of 5,835,
5,232, 4,799, 4,79~ and common area of 5,319 sq. ft. at 310 No. Second St.
in the Duplex Resid~ntial Dist., Case No. SUB/91-60. BARK Properties,
Applicant. I
Notice of the h~aring was published in The Courier on November 21,
1991 and mailed to rffected property owners.
7. This is the day and[ time for the Public Hearing to consider a Special Use
Permit & Variance fbr the construction of a multi-purpose addition to St.
Mary's Church with .~ street sideyard setback of 21 ft. (30 ft. required)
located at 407 So. fifth St. in the RB, Two-Family Residential Dist., Case
No. SUP/V/91-59. R~chard N. Olsen & Richard L. Huelsmann, Applicants.
Notice of the h~arin9 was published in The Courier on Novelnber 21,
1991 and mailed to affected property owners.
UNFINISHED BUSINESS
NEW BUSINESS
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PETITIONS, INDIVIDUALS ~ DELEGATIONS (continued)
CONSENT AGENDA .
1. Resolution Directing Payment of Bills (Resolution
2. Applications (list to be supplied at meeting)
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No. 91-231L
COUNCIL REQUEST ITEMS
STAFF REPORTS (continue~)
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COMMUNICATIONS/FYI
ADJOURNMENT
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615 So. Broadway Street
Stillwater, Minnesota 55082
November 28, 1991
City of Stillwater Parks Department
Ivll"'" 'ri m "rrH::Jm!St~n
F'i:u'" ks Dil"'ectol'"
City of Stillwater
216 N. Fourth Street
Stillwater, Mn. 55082
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Deal'. Ivlr". / 'j,p,use/lJ '
We have lived on South Broadway street since 1977 and have one
son who has many friends in the neighborhood. Many times we have
gone to triangle park, as my son was growing up, to use the
facilities. In the summer we've been to the park with the other
neighborhood kids, and parents, playing on the swings, or playing
baseball in the open area. I've taught my son haw to ride a bike
in that park. In the winter we've enjoyed the skating on the ice
rink and many of the kids have enjoyed sliding on the adjacent
hill.
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New for some reason the City has decided to place a snow fence at
the top and the bottom of the hill. I may understand why the
fence is placed at the tap (because the City can't or won't fix
the steel railing in the area) but why at the bottom? The
children have tried to slide next to the snow fence but then get
yelled at from the owner of the house at the top of the hill
saying that it is private property where they are sliding.
Is it to protect the park from the kids sliding in
it is to protect the hill because of the neatly cut
maintained there each summer.
it? 01'" mi::\yb~?
gl"'a!;:;~::; that :i. s
What ever the reason we don't understand. We ask that you please
remove the snow fence from the bottom of the hill 50 the kids can
again play in the area. In the 14 years that we have lived here
the neighborhood children had a place to slide in the snow and
new you seem bent on taking that away. Please remove the fence
or explain to me why you've done this 50 I can attempt to explain
it to my son and the other children of the neighborhood and to
thei r par'ents.
If the fence is not removed I am awaiting your response.
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cc: Stillwater City Council
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CROIXDEL. INC.
311 South Third Street
Stillwater, Minnesota 55082
(612,)439-4187
December 2, 1991
Mr. Steve Russell
Planning Department
City of Stillwater, MN 55082
Dear Steve:
In accordance with our conversation the other day I formally
I asking for an extension on my propertys' subdivision on
platting. We want to subdivide this Spring if the market
conditions improve.
Thank you for attention to this matter.
Sincerely,
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Tlm Nolde
Anchobaypro Incorporated
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THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: DECEMBER 2, 1991
SUBJECT: REQUEST TO INSTITUTE VALET PARKING PROGRAM DOWNTOWN
The City Council has received a request for permission to operate a valet
parking program Downtown for prominent downtown restaurants. The business
would operate from in front of the restaurant and park the cars off-site in an
available public lot.
The program does not have restaurants signed up at this point but would like
City approval to operate for a six month period to June 1, 1992.
Valet parking can more effectively use the existing supply of parking by
taking cars out of the high demand area and parking in more distant locations.
Cars can also be parked tandem, increasing parking by 25%. The possible
restaurants in the City of Stillwater being considered for the service
include: Vittorio's, Lowell Inn, Dock Cafe, Trumps and Freight House.
Vittorio's, Lowell Inn, Dock Cafe and Freight House have limited on-site
parking. Trumps relies on on-street parking.
The City parking lot that could be used to park the cars off-site would be
located north of Myrtle, possibly the spaces along the railroad tracks or
behind Maple Island.
For Vittorio's, and possibly Trumps, one on-street parking space may be
necessary during the valet parking operation.
RECOMMENDATION:
Approval of the program from December 1991 to June 1, 1992 with the direction
that program details be worked out with the Community Development Director and
no additional responsibilities or liabilities shall be assumed by the City of
Stillwater.
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
...
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Case Number ___________
t: o'd
. eo . 01 _______________
Data Filed -------------- . e
PLANNING ADiv~INISTRAT!VE FORbA
S;rcct Location of' Propertt; _~_1--_~~~~______~~__~25I_________
Legal Description of Prop~rty; -----------------------------------:.----
Owner; Name ---------,-----------~.-----------------------------~--
d I! h-
A cress_______~---~------------------ P.one:_______________
A . I. .. C'':: "h.' I) N L'b F JNRrLN M1M44 u~A
00 Ican. II 01 er ,nan ow. per: 1 ame -1"'\---------------~~::-._:-7'"-------
· · ! r' f?OTU- T1 \.j <l- . l-r;.r~~
Address -~-r"\~~-P-.L~--~--------- Phone: lcL~__. :b?-2.:.?::!'2 I
'J\: yPr1.j..>t I MrJ ~""S}U3 .
Type or Request;. ___ ~ozoning ___ Approval, of Preliminary Plat
_~ Special Usa Permit" ___ Approval' of ~inal Plat'
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___ ~oriance .:._~ Other _________.:._________
. . Description or Request; __~-~\r;>1~--~"f2.~~---Q~~93:;-~%-----
_?~~t~_.._____tJ..Q~j~Ed8X2':i---~~--(~~-i~":.t):!~~:~ J
. . . ___~---il.~~yf.Li~tu~-<2fu---s~-~O'J-'T~-------- --~ -----
Sit nature of Apoliccnt: __________ . _ . _ _~L..h..~.
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Date of Public Hearing;-_' ---_____~~_______~__.:_______________'_______
NOTE: Sketch of proposed prcpperty and structure to be drawn.on back of this torm or at-
tQ.cr~ed, showing the fo~lcwing:
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1. N ortn direqtion.
2. Location o~ proposed structure on lot.
3. Dimensions I of front and side set-backs.
4. Dimensions!. of proposed structure.
5. Street names.
6. Location ofl adjacent existing buildings.
7. Other ir.:forynation as may be requested.
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Approved ___ Denied __,- !iby tho '?l~mning Commission on ___________ (da;e)
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sU::Jlec;.o ne 0 owmg cor 1.lons: _____________________________._______
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Approved ___ Denied ___ [by the Council 061 ________________ subiect to tha
.t:. II. -l..... " \ . .
10 oWing conuillons: ____-+___________________________________________
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23 Empire Drive, Suite 270 Saint Paul, MN 55103
Minnesota (612) 227-2131 · Wisconsin (715) 386-5566 · FAX (612) 223-8604
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Mr. Steve Russell
City Planner
Stillwater, Mn.
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Mr. Russell,
Stillwater is a beautiful, charming and progressive
city. Everyone agrees there is only one problem....the
parking is terrible!
LBF INTERNATIONAL D/B/A PROTECTIVE PARKING proposes an
upscale solution.. ..VALET PARKING for the restaurants of
Stillwater.
We are beginning a six month test market to determine the
feasibility of this operation and request the help and
support of the city of Stillwater in this test market phase.
specifically we ask for assistance and approval in the
following areas:
- permission to set out discreet signs on stands outside of
the restaurant customers shops advising patrons where to
piCk-up/drop off autos.
-Designated no parking zones during valet hours for auto
pick-up/drop off.
-Set aside parking spaces designated for valet use during
evening and weekend hours. (the lot north of the St. Croix
bridge would be ideal.)
-Support from city offices for the concept of valet
parking as a help to ease parking and traffic congestion
(either in letter form or via phone calls.)
PROTECTIVE PARKING offers the Stillwater community over ten
years of experience in quality valet service in California.
Valet parking provides:
-More customers! valet service parks 25% more cars in
existing parking spaces.
-Increased convenience,more repeat business from satisfied
guests.
-A professional upscale image.
-A safe fully insured parking solution.
At the completion of this test market PROTECTIVE PARKING
welcomes the opportunity to meet with city officials to
discuss more permanent arrangements such as leasing public
parking facilities and fine tuning to meet Stillwater's
needs.
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Lon . Feia
President
LBF INTERNATIONAL INC.
23 Empire !)rive. Suite 270 Saint Paul, MN 55103
Miunesota (61:2) 227 -2131 . Vlisconsin (7 IS) 386-5566 · FAX (612) 223-8004
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. Stillwater's Calendar of EventS ·
Nov. 29 _ Victorian Christtna5 Kick-off.
Nov. 29 _ Santa arrives, St. Croix Mall.
. San" '" loI"- CIa'" .uta 0'; Tree Ligh.... pionee< p",k.
Nov. 29.D'" 30. T.,. o' T'...u.... B;stotic Cou,thouse.
De<. 1-8 . w.,den5 Bo"" loIu""'" BolidaY Ope<' Bo....
Dec- 7 _ Annual Childrel1S ShOPping Day.
Dee. 14 -Ice Block Sculptures, Grand Garage.
De<- 21 . S.o.yte1\i"S with S...... St. c..;x loIoI1.
_ f"" & ~~.~I
n:"It\4d' _~ t~ r'5'!, \, c
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arking
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MEMORANDUM
TO:
Mayor and City Council
FR:
Design Review Committee/Heritage Preservation Commission
DA:
December 3, 1991
RE:
VALET SERVICE
Background
The Design Review Committee reviewed the proposal for the Valet Service in
Downtown. 'rheir review was the concept proposal for the design of the signs.
Recommendation
The Design Review Committee recommends the following concept proposal:
1. The valet parking signs shall be of uniform lettering and color.
(The style of lettering shall be similar to the sign on the "Brines"
building. This lettering is appropriate to the period of
significance in Downtown Stillwater.)
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2.
The valets shall have attire which will reflect the signage and add
a uniform look to this service.
3. If this proposal for the valet service is approved, the applicant
shall submit a final sign plan and uniform attire to the Design
Review Committee.
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STAFF REQUEST ITEM
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DEPARTMENT
Fire Department
MEETING DATE ___L~~~~~______
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DESCRIPTION OF REQUEST (Briefly outline what the request is)
_~~_~~~~~~!_~~~~~!l_E~E~i~~~~~_j~_~~_S~~~~~~~-----
_~~~~_~::~_~~!_~~!.._:..~!..!l!~~!~.!"_.2.!!.2__l'.!!~.!:lL.lJ..J~.JL.l1 uJ b f'! r.i:...._..1...4..1...o.... Sou t b ____
_::~~:~~-~~-~~~~-~~~:~~~!~E~---~E21-~2~~-E~~E-~~I.!!~~~~_~~_~Dx~I~~~ad
_:~~_~~_~~~~~_~~~~_~~~~~~EE~i~!~~-~~-Y21~n~~~r-E~x~~j~bX~I2__________
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FINANCIAL IMPACT (Briefly outline
associated with this request and
needed to fund the request)
the cost s, if arlY, that al'~e
the proposed source of the funds
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ADDITIONAL INFORMATION ATTACHED
YES
NO
x
ALL COUNCIL REQUEST ITEMS ~~~I BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED
COUNCI.L MEETING I~ER. 10 BE PLACED~ THE CDUNCIL MATERIAL PACKET.
SUBMITTED BY __~~--~~~------- DATE __11=2S=~1_____
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
NOVEMBER 27, 1991
LEGAL NEWSPAPER FOR 1992
It is again time to consider designation of the legal Newspaper for City
business for 1992. In the past two previous years, Council decided to
advertise for bids with a rather complicated procedure. The City Attorney has
advised that the City is not legally required to advertise for bids, but must
designate a Legal Newspaper to publish certain City information for each year.
Council advise is requested.
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TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
NOVEMBER 27, 1991
APPOINTMENTS/REAPPOINTMENTS TO VARIOUS BOARDS ~~D COMMISSIONS FOR
1992
Following, for Council information, is a list of members of the various City
Boards and Commissions \'lhose term will be expiring in the next few \~eeks. If
it is Council IS wish, I will contact the Chairperson of each committee to see
if these people want to serve another term.
Planning Commission
(Term expires 12/31/91)
Darwin G. Wald (apptd. in Sept.)
1107 MeadowviewDr. '91}
Home: 439-9636
Robert Hamlin
1317 No. Broadway
Home: 439-3119
Park & Recreation Commission
(Term expires 1/1/92)
Michael Polehna
1100 Northland Ave.
Home: 439-8952
David G. Junker
1806 W. Olive St.
Home: 430-0650
Tom Li llesve
228 Northland Ave.
Robert McGarry, III
1405 Lookout St.
Home: 439-6345
Douglas E. Hartman
1323 So. Fourth St.
430-3013
Ken Meister
147 Tamarck Ct.
439-8520
Port Authority
(Term expires 12/31/91)
R. J. (Barrett) Colombo
215 No. Harriet St.
Earl L. Olson
304 Northland Ave.
Heritage Preservation Commission
(Term expires 12/31/91)
Robert Kimbrel
724 W. Oak St.
Home: 439-1869
Shawn Draper
1221 Amundson Circle
Home: 439-4235
(Term expired 12/31/90)
(Due to an oversight last year, Mr.
Draper was not officially reappointed
by the Council. If it is Council's wiSh
it is recommended that Mr. Draper be
officially reappointed to the term
expiring on 12-31-93).
Joint Cable Communications Commission
(Term expires 1/31/92)
Anne Bodlovick
1511 West live Street
439-2658
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M E M 0
TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCIL
MARY LOU JOHNSON, CITY CLERK
NOVEMBER 27, 1991
SHAWN DRAPER'S APPOINTMENT TO THE HERITAGE PRESERVATION
COMMISSION
It appears there has been some confusion in the reappointment of Shawn Draper
to the Heritage Preservation Commission.
I sent a memo to Council the first part of December last year telling of the
appoi ntments tnat \'/ere expi ri ng on the vari ous commi ss ions. There \'/ere three
on the Heritage Commission -- Shawn Draper, Duane Hubbs and Dick Hauer. Mr.
Hubbs and Mr. Hauer decided to leave the Commission and Mr. Draper indicated
an interest in staying on the Commission.
This left two spaces on the Commission. Letters of interest were received and
on February 5, only two appointments were made in the Council motion n
Katherine Francis and Tim Stefan -- forgetting about Mr. Draper's request to
be reappointed. I believe Council meant to reappoint Mr. Draper at the same
time and it was assumed that he was reappointed. Therefore, I request Council
to confirm this reappointment.
. @)
DAVID MAWHORTER
PUBLIC SAFETY DIRECTOR
POLICE CHIEF
(i)
THE BIRTHPLACE OF MINNESOTA
GORDON SEIM
FIRE CHIEF
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF POLICE
MEMO
To:
D.P. MAWHORTER
From:
L.A. MILLER
120391
Date:
Subject:
RENEWAL - ON SALE LIQUOR APPLICATION
HIDDEN VALLEY LOUNGE
CO-OWNERS:
DAVID GEORGE SMITH
DAVID JONATHAN PAGEL
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STILLWATER P.D. CASE FILE # 91-559
ON 012291 A SEARCH WARRANrWAS EXECUTED BY WASHINGTON COUNTY SO AND
STILLWARER POLICE AT THE HIDDEN VALLEY LOUNGE. THE WARRANT TURNED
UP ILLEGAL GAMBLING TIPBOARDS, MONEY, ETC. THE CO-OWNERS \\TERE
CHARGED WITH ILLEGAL GAMBLING, GROSS MISDEMEANOR.
ON 092591, SMITH AND PAGEL PLED GUILTY TO ILLEGAL GAHBLING IN vJASHINGTON
COUNTY DISTRICT COGRT. SMITH AND PAGEL \JERE EACE FIlmD $ 520.00
AND GIVEN A 30 DAY JAIL SENTENCE WHICH WAS STAYED FOR ONE YEAR.
NO OTHER REPORTS OF CRIMINAL ACTIVITY OR ALCOHOL RELATED OFFENSES.
~~
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J~t4- L1(/"7V~~toA:-Cl"-' .p.-;:;I/~ r.
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212 North Fourth Street. Stillwater, Minnesota 55082
Police Phone: 612.439-1314 or 612-439-1336
Fire Phone: 612-439-6120
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December 2. .1991
Honored Mayor and council Members:
We understand that you will soon be making a decision on the renewal of
a liquor license for Popeye's Bar and Grill in Stillwater, and would
like to take this opportunity to offer some input as you make your
decision.
As you know, a.special Council meeting was held with members of the Dock
ASSQciation of Stillwater, and Popeye's Bar and Grill owners on July 16,
1991, tod~scuss problems and concerns regarding the night club and its
close proximity to the Stillwater Yacht club Marina. (A copy of the
letter presented at that meeting is attached.)
At that.time~. it was determined by the Council that there were indeed
problems. and that several measures would be taken to try and rectify
them. Among these were to beef up the police patrols in the area, and
for the.Do(:k Association members and Popeye's to try and work together
to reach a solution. Attempts at this have been less than successful.
After the meeting, there was some improvement, but sporadic at best.
While. the presence of foot patrols on and near the docks was noticeable
and appreciated, the timing always seemed to be off. We would usually
see the officers around 10:00 p.m. when things were relatively quiet;
but by the time incidents began to happen, the officers had already
left. Many night:s we just decided to leave the marina and ha~bor
elsewhere rather than continue to fight the system. While this may have
provided a temporary solution for us, we don't feel it should be
ne.cessary for us to leave our 0"''11 slip just to have peace and quiet. As
the letter of July 16 states, many of us consider our boats and the
space in which we keep them to be our weekend (and in some cases,
permanent) homes. Therefore, it is indeed a residential area.
It's not just .loud music that is a problem, but all of the ramifications
thatgp.hahdln hand when you have: 1) a popular Twin Cities night
club. with no. c.over charge, 2) known as the "Hot Spot" among the 25 and
under crowd, : bikers, and "motorheads", 3) well-known live bands,
4) a desirable location with an outside deck overlooking the river and
marina. 5) aneutside gazebo serving liquor with outside seating. and
6) warm summe.r nights. This all sounds appealing if you are the bar
patron or the' lucky owner of such a lucrative establi:shment; but 'for the
rest. of us. be it town or marina residents. it is not an ideal
situation, t.o.say the least. Th~ crowded conditions in the bar often
creat.es a "spillover" of patrons out into the parking lot and dock
areas. Rowdiness, fighting, loud motorcycles and cars, litter,
haraslStnent and .vandalism all combine to create an unpleasant and
offert.siv:~. atmosphere, making living there all but impossible.
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December 2, 1991
Page 2
Nowth~t th~ sea~on is over and the dead of winter is upon us, it's
sometimes easy' to forget the many incidents and troubling events of the
past two sumrtlers, many' of which, unfortunately, were never reported to
the police. 'We ask you not to let the faded memory slip away as you
make your decision on renewal of this license. Please don't let the
mon~tary interests of a select few stand in the way of your good
judgm~nt. We urge yOU to consider all aspects before making your final
decision. The 1992 season is just around the corner and we can only
hope and pray it gets better.
',Wishing all :ofyou a happy and healthy holiday season.
Sincerely~';" ' ,
C}h..~..~m~
'Jo~nand Che~yl McCall
Memb~rS'of Dock Association of Stillwater
Attacrune;nt
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** TOTAL PAGE.003 **
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STILLWATER CITY COUNCIL MEETING
JULY 16, 1991
7;00 p.m.
e
Honored Mayor aA4 Council Me~bers:
1 am here as a concerned member of the Dock Association of Stillwatet". My purpose
tonight is to ask some questions and hopefully find some answers to concerns we feel
are legitimate regarding popeye's Bar & Grill, and its close proximity to the
Stillwater Yacht. Club Marina. It is hoped that by bringing these issues to the
attention of the Council, a viable and reasonable solution, satisfactory to both
sides can be reached.
, :.,
..... Out nmin:concerns ai'e as 'fol~ows:
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Loud,:music and noise continues to be a problem,' especially on weekend
'.eveIlin.~s . when the bar..and outside deck areas are extrellH!!ly crowded.
. . . .
, Since' many .of.us consiqer our boats and the space in which we keep them,
to be ,our weekend (and in aome cases perDlanent) homes, we feel it is fair
~~"~ay.'.:t.h.<lt the harbor is in fact, a resident ial area. However, because
"of the exc~ssive noise which travels throughout the marina, sleeping overnight
,....bri.: tli(i"1;?b41:. 'b1l~. .beeoinejirnpoa.sib1:e. ". toud~ boiste-rous,. adult':'or"iented' ' "" 0' ",,-'
beha;i~r';. al~ng with ihappT~priate .'langyage often :conduci.v~ t~, a bar' setting~
,is 'rt'c;:t,'~<nnpat:~ble ~ith:'f~ily-oriented ~ctivity where young children and
teenagers:. a:ri ,present. ;While we realize that some residents in
.the harbor:~~.~njoy the activity of a party atmosphere, there are many who
do not" :a~d:',,,vre,fer. to have a .more me 110ll envi rOOlIlent . My qU~$tion is t
.is . there :. art ',:ordinance which deals wi,th decibel levels in a residential a.re.a
'. , ','
.andhas.t~;i.s'been"enforCed? Is it possible to create a ,buffe.r zone between
',:ropeye's:a~d:::,~be.,mar~na to ensure that both parties are allowed to carry
.:on their':i~tended.;bus~nesswithout infringing on each other's ,rights?
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12. . PARKING LOT: '
:- "
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. Ther-e haVe. been concerns about motorcycles blocking the entrance to the docks.
A1S~t"w~h,:ave had trouble with broken bottles under tires and half-full
beer c.ups'.:'~e'ing left on roofs and hoods of out" can. Is it possible to
p'roV'ide. <us with additional patroh to mQnitoJ:' the parking lot on wea'ken4
evenin&s?
~
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113. SERVICE ROAD:
Please corre~t me if I'm wro.ng, but
service road. which runs parallel to
an emergency exit. There have been
in su~h a way as to. blo~k the road.
free and clear?
~e were of the understanding that the
the railro.ad tracks behind Popeye's is
many instances in which cars are parked
Is there a way of keeping this exit
114. TRANSIENT ROAT PARI<ING FOR POPEYE'S CUSTOMERS:
.Among other problems, we must deal with boaters ~ho wish to. use the outside o.f
Dpck .~.. for:coUrtesypari'.:ing while visiting Popeye t $. While this may have
WGrke~"befo~e::,:~'he security gates lotere installed at all entrances, it is no
lQng~r<ic~e~'table. : This leads to arguments cn the docks. and. disappointments
amcng tb()'.~eVho W'o~ld like to go to. Po.peye' s by boat. but have DO place to
~ar~~ Tbeybeccme frustrated and agitated when they are unable to. exit
thi. doc.ks. Are there~ny plans new or in' the future to. provide courtesy
. docking for Popeye' $, vat rODs?
.-~.
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.. ::",<~:".j,ir:;t'i 6S1~~~.;~; r."~fr.~~iW':.l ik~::::ibr ~ay . .tha t .we:."d:o.. not ,b:e.grudge.Po~eye":s "thei;'" $~~ce$S;' ..
.: ".:fuit~onlY,<<:in(t.o;co""existiril'harmony with them. After all t I do believe we. are'
.al'1."&e.~e""~eca~s~. we enjoy bo~ting, we enjoy Stillwater. and ask only that we'.
be all"6w~d;<ap~:~,~~;~U~,~.Jt~~ge"l1ce~n, a safe and' sec:ure mafina, free of harrasement.
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Mayor Wally Abrahamson, City Council Members
Stillwater City Hall
Stillwater, MN 55082
Re: Renewal of liquor license for Popeye's Bar
222 East Mulberry Street, Stillwater, Minnesota 55082
Neighbors of the above business would appreciate it if the Stillwater City Council
consider the following restrictions on renewal of Popeye's liquor license:
When Popeye's owners negotiate with musical groups, the noise ordinance
be explained and understood by all parties before the scheduled performance
dates. Popeye's owners will then take the responsibility for limiting the
amplification to their property and maintaining the proper sound level in
accordance with Stillwater's noise ordinance.
We would appreciate your very strong support regarding the necessity of controlling
the previous problems emanating from Popeye's.
With your endorsement at this time of license renewal, the city noise ordinance
standards (adopted August 9, 1990 - see attached) can be met before there are
violations.
Thank you for your endorsement.
. .-
IInd~ MJKe CJnd Naf'lc,e.
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;CiJ:y noise ordinance taKesene~l
By~ MARSNIK'," ..
.!,!- !!@or.,.... It is designed to protect people from....,.......
i Slill:V-:S 1ong-~"'4~ or dieaded. depending. ~. wiih dif[ereotst;m~ for~t !iJnes:of '
an one s polDt.of VlrW-- noise ordinance is now in Th . .' .
"place, ~.the:C~h;ts to COOll' up wiIh $2.000 ,e onJinancedelines.~,lISlPly...waotl.li
worth ofeqwpment 1D,()ffier to enforce it, something it sou~d, to be m~~ by a sound level me~r (SLM) ,
....l1;as no~b~.dgeted 11.ot..........<>. . .' haVing charactenstJ,cs as specified in the latest Amen-'
. '(See ~oise, page 10)
'/+;l;lbl.~ ......... Sound Levels by Receiving Land Use Districts
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<I~>':''>,~i'/~''-:''''::'"' :','- ,.j
r'i"'%!4;:.(8:00ja~ .
,;."", 10.00 )
'>'.;-.:1';;J'};-:i:1.,', - , .. ; "P .:In .::' ,
~:" ' : "f},'" ~:" i >:~.
D~l?tr.i'9):;s.;' i,~n'o'~'standaid LSO standard
;(:t~"'i!,YIi~rh;<";'lw,~<,',Fsr";~~' ......... .... . 'it
:'.Res.id~nt ia3:'><'6 S,.dBA....
'y"::i:.J,+:'~':'W,#'~~'~;i,'~~r~;:,:::'~~li:;,:,,-:,;",","t'x";:;,:::,:;,f." ,-:~ ~
;lcommerdia[~~'g'{'LO i;;:ldBA
~;;~l~j~~~~A .. 75~~~'(.. 80
Fo.a:noise"e~"y~to:a p,e~iodless than',L-I0, the following conditions apply: No shall
~ ...... ~,~ .dBC over _g background; no outdoor sound level shaD raised. more than
ove.~ eXISting ba~kground noise level. . The limits. of the most representative district apply at
. :-oun~ar~es between different land use categories. The determination of land use shall be by its zoned
potIOU' ~.. .\5uq'..~\~.
~~7i\1 ~;, ,',j~ii~~\~"~'::-')"""" .."
~;~~~:~:'I).W'> ,,>' .. ".
,can St3ndatd~:Jristitute, calibration of SLMto be at
least'~secoridstage'r ttaceable to the National Bureau
of Standards. There is an L10. and an L50. sound level,
meaning sound level, in decibels (clBA), exceeded 10
and 50. percent of the time, respectively. for a one-hour
period. (See chart).
'Prohibited noises include: radlos, phonographs,
paging systems, musical instrUments and other devices.
.Ordinance 38.04 prohibits their use in a loudly audible
manner so as to. disturb people within 50. feet between
10. p.m. and 8 a.m.
Again, where they can be heard bya person 50. feet
away, the ordinance -prohibits the operation of mini-
. 'bikes; snowmobiles,' and other recreational vehicles be-
tween 10. p.m. and 8 a.m. It prohibits the use of domes-
tic power maintenance' equipment, except for snow re- .
moval, except between the hours of 8 a.m. and 10. p.m.
'''':'~:::::::':'::%::::;~~%~:~X~
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on weekdays 8nd, on weekendS 9 a.m. and 9 p.m. .<<,
Consttuctionactivities are limited to the hoursof8
a.m.-1o. p.m. weekdays and 9 a.m.-9 p.m. weekends.
It also 'sets soundproofmg standards for ,the con-.
struction of new buildings.
Enforcement
The public safety director .(Dave Mawhoner, police
chiet), or his designee is charged with enforcemenL
When that person determines a violation, he or she is
to give written notice to the owner or occupant of the
premises and order corrective action.. The ordinaIlce
may ~ enforced by injunction, action for abatement, ,
or appropriate civil remedy.' Violation is a mi~emean-
or, carrying a fine of not more than $700, imprison-
ment for not more than 90 days,' or both. Each act of
violation and each day a violation occurs or. continues
is considered a separate offellse.
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FORM OF PROPOSAL
Date:
December 2
, 1991
Combined Proposal
Mechanical Work
General Construction
Electrical Work
Schwantes Heating & Air Cond., In
Name of Bidder
Gentlemen:
The undersigned, having carefully examined the Bidding Require-
ments, the Contract Forms, the General Conditions of the Con-
tract, the drawings and specifications, as well as the condi-
tions affecting the work, proposes to furnish in accordance with
such drawings and specifications, all material and labor required
for the complete work for a ventilation system at Stillwater
Fire Station
BASE BID
Nineteen thousand six hundred sixty-two dollars $ 19,662.00
In the event that extra work is ordered under the provisions of
Article 12 of the General Conditions, the percentage to be added
is 18 (5), which shall include Contractor's main
office expense, overhead and profit.
In submitting this proposal, it is understood that the right is
reserved by the Owner to accept or reject any or all proposals.
It is agreed that this proposal may not be withdrawn for a period
of thirty (30) days after closing time of same.
Number of calendar days required for completion, based
on acceptance of base bid, is 70.
Voluntary Alternate - To substitute Reznor make-up air unit
for BessamLAir unit included in base bid, subject to
Engineer's approval, deduct from base bid-------------$946.00
(Nine hundred forty-six dollars).
S CHW~:~5;'~EATIr- }~CONDITIONING ,
by / / ~
CCJ/
INC.
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FORM OF PROPOSAL
Date:
Dece~ber 2.l99l
, 1991
Combined Proposal
Mechanical Work
General Construction
Electrical Work
Day tons Bluff Sheet Metal, Inc.
l400 E H\'Y 36, St. Paul, ~n. 55109
Name of Bidder
Gentlemen:
The undersigned, having carefully examined the Bidding Require-
ments, the Contract Forms, the General Conditions of the Con-
tract, the drawings and specifications, as well as the condi-
tions affecting the work, proposes to furnish in accordance with
such drawings and specifications, all material and labor required
for the complete work for a ventilation system at Stillwater
Fire Station
BASE BID
T~enty three thousand Eight hundred Eight ~ive
$ 23,885.00
Alternate Deduct to supply industraial Air Make up air unit
Deduct: THREE HUNDRED SIXTY DOLLARS $ 360.00
In the event that extra work is ordered under the provisions of
Article 12 of the General Conditions, the percentage to be added
is 20% (5), which shall include Contractor's main
office expense, overhead and profit.
In submitting this proposal, it is understood that the right is
reserved by the Owner to accept or reject any or all proposals.
It is agreed that this proposal may not be withdrawn for a period
of thirty (30) days after closing time of same.
Note: 15 days completion from rec~iptof equipment
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FORM OF PROPOSAL
Da te: December 2
, 1991
Combined Proposal
Mechanical Work
General Construction
Electrical v1Jork
EXCEL AIR SYSTEMS, INC.
Name of Bidder
Gentlemen:
The undersigned, having carefully examined the Bidding Require-
ments, the Contract Forms, the General Conditions of the Con-
tract, the drawings and specifications, as well as the condi-
tions affecting the work, proposes to furnish in accordance with
such drawings and specifications, all material and labor required
for the complete work for a ventilation system at Stillwater
Fire Station
BASE BID
TWENTY THREE THOUSAND THREE HUNDRED SIXTY DOLLARS
$ 23,360.00
In the event that extra work is ordered under the provisions of
Article 12 of the General Conditions, the percentage to be added
is 15% (5), which shall include Contractor's main
office expense, overhead and profit.
In submitting this proposal, it is understood that the right is
reserved by the Owner to accept or reject any or all proposals.
It is agreed that this proposal may not be withdrawn for a period
of thirty (30) days after closing time of same.
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MEMORANDUM
To: The Stillwater City Council
From: Lynne Bertalmio, Library Director
11/26/91
Stillwater Public Library
1991 Capital Budget Request
Included in the library's capital budget approved for 1991 was the sum of $3500 for
the purchase of a photocopier for public use. We have researched a number of
models - Panasonic, Ricoh, Canon, and Sharp - and the Board of Trustees would
like to ask for approval to purchase a Sharp SF-7850 Copier from D.C. Hey for $3690.
We plan to sell our present public copier. It would still be usable in a location where
it would receive a lower volume of use and where the coin operative function is
not necessary. The sale price should be substantially greater than the $190 difference
between the budgeted figure and the price of the new Sharp copier.
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r illwater
'-~ -- - ~
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THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: MAYOR ~~D COUNCIL
FROM: ANN TERWEDO, PLANNER
DATE: NOVEMBER 15, 1991
SUBJECT: FOR YOUR INFORMATION - ANNUAL REPORT TO
MINNESOTA HISTORICAL SOCIETY, STATE HISTORIC
PRESERVATION OFFICE
e
The following report gives an overview of the Heritage
Preservation Commission activities during the 1991-1992
federal fiscal year which runs from September to September.
This report is a requirement in order to maintain the
Certified Local Government Status. This status enables
Stillwater to apply for matching grants funds from the
National Park Service through the State Historical Society.
The Certified Local Government Status also gives local
.governments a voice in commenting on federal projects and
threatened historic sites under federal mandates.
This report will update the Council on the activities of
the Heritage Preservation Commission this past year.
-
CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
-
1990-1991
STILLWATER HERITAGE PRESERVATION COMMISSION
ANNUAL REPORT
TO
MINNESOTA HISTORICAL SOCIETY, STATE HISTORIC PRESERVATION OFFICE
Local Designation: On July 3, 1991, the City of Stillwater received
notification that the Downtown Stillwater Historic Commercial District was
approved as a locally certified historic district by the National Park Service
(Attachment 1).
The nomination is presently in process of being revie,,>,ed by the State Review
Board for recommendation to the National Register of Historic Places. (Letters
of support to this nomination have been sent to the State Historic
Preservation Officer by the Heritage Preservation Commission and the
Stillwater City Council (Attachment 2).
No other local nominations were conducted this year. A preservation plan or a
context study have not been conducted to date. The Heritage Preservation
Commission is apprehensive to make local designations without the proper
contexts established.
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Design Review: The Heritage Preservation Commission reviewed twenty-two
Design Review Permits between October 1, 1990 and September 29, 1991 according
to the intent of the Preservation Ordinance and Design Review Ordinance. A
summary of these cases and the findings of each case include the following:
1. Case No. V/90-61. A variance to the Parking Ordinance and Design Review
Permit for the restoration of a facade and rehabilitation of the "0ld
Gaalaas Jewelry Building at 220 East Chestnut Street. Sha\m Otto,
Applicant. (In Historic District)
Findings:
The project met the purpose of the Downtown Design Guidelines and
Preservation Ordinance. It was also a proposed tax certification project
approved which met the Secretary of Interior's Standards for
Rehabil i tati on.
APPROVED
2. Case No. SUP/91-62. A Special Use Permit and Design Review for the
construction of a train depot on North Main Street. Dave Paradeau,
Minnesota Zephyr, Applicant. (In Downtown Plan area.)
The project consisted of building a train depot for the Minnesota Zephyr
Dinner Train. The architectural elements of the structure recalled the
Union Dept, which was demolished in 1962. These elements included roof
shakes, dark redwood trim and quarry stone.
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Findings:
The depot plans met the purpose and intent of the Downtown Design
Guidelines.
APPROVED .
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3. Case No. DR/90-7. IDesign Review Permit for the placement of a temporary
chain link fence atl the Lowell Inn, 1U2 North Second Street. Art Palmer, tI
Applicant. (In Historic District.)
The Commission agreed that this fence was not compatible with the
existing streetscape elements of the site and the architectural features
of the Lowell Inn.
The fence did not meet the purpose or intent of the Design Review
Guidelines.
DENIAL.
On October 16, 1!990, the denial was appealed to the City. The City
approved the fence only on a temporary basis with permanent coordinated
fencing to be placep when lot is improved. (All in favor.)
APPROVED BY THE CITY COUNCIL.
4. Case No. DR/90-4 -I Design Review Permit for the restoration of the Jassoy
Building, 160-200 !South Third Street. Richard Kilty, Applicant. (In
Historic District.)'
The project consisted of restoring the Jassoy Block to its 1886 grandeur.
Some project elemen~s included restoring first level facade and replacing
missing elements oin the third and fourth floors, restoring the structure,
and painting and replacing windows. The interior of the building was to ~
be rehabilitated to include first floor office/retail space, secona and ..
third floor residential.
Findings: ,
The project met ithe purpose of Design Guidelines and Preservation
Ordinance. It also ~as planned to be a certified rehabilitation according
to the Secretary of Interior's standards for rehabilitation.
APPROVED.
5. Case No. DR/90-8 ~ Design Review Permit for the replacement of a door at
102-104 North Main Street (Chestnut Street entrances, old bank
depository). Al Ranum, Appl icant. (In Historic District.)
The project consi~ted of removing a bank depository and restoring the
opening with a bro~n door.
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Findings:
Tile project met thie purpose and intent of the Design Review Ordinance and
Preservation Ordinance.
ALL IN FAVOR.
APPROVED.
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6. Case No. DR/91-1 - Design Review Permit for the restoration of a building
at 306-308 East Chestnut Street. James Laskin, Applicant. (In Historic
District. )
The project was a renovation of a storefront which consisted of replacing
a door, replacing second story windows, repairing tIle parapet, replacing
an existing storefront, repairing crank awnings and adding signage.
The project met the purpose of the Design Guidelines and Preservation
Ordinance. It was also planned to be a tax credit certified
renabilitation according to the Secretary of Interior's standards for
rehabilitation.
APPROVED .
7. Case No. DR/91-2 - Design Review Permit for the placement of two signs
for a bookstore/coffee shop at 216 South Main Street. Gary Goodman,
Applicant. (In Historic District.)
The project consisted of placing a thirty six square foot wall sign and a
three square foot projecting sign.
Findings:
Two signs do not meet the Sign Ordinance regulations for the number of
signs. These are limited to one sign per business..
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The Preservation Commission denied the proposal. Mr. Goodman agreed to
use only the projecting sign and limit other signage to his windows.
This proposal then met the intent of the Sign Ordinance, Design Review
Guidelines and Preservation Ordinance.
APPROVED (for projecting signs only)
8. Case No. 91-j - Design Review Permit for the placement of a red awning at
312 North Main Street. (In Downtown Plan area.)
The request was to pl ace an a\'ming with twenty square feet of lettering
on a warehouse building. There was an existing projecting sign located on
the site.
Findings:
The awning sign and projecting sign met the intent of the Sign Ordinance
because this site is used by numerous antique dealers.
The awning sign met the intent of the Design Review Guidelines.
APPROVED.
9. Case No. DR/91-4 - Design Review Permit for the placement of an awning
sign at 217 North Second Street. James Anderson, Applicant. ( In Downtown
Plan area.)
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Tne proposal was to place an awning on a 1930.s building which has no
important architectural features. This type of awning was appropriate for A
the building. ..
Findings:
TIle awni ng signage met the intent of the Design Review Ordinance and Sign
Ordinance.
APPROVED .
10. Case No. DR/91-5 i Design Review Permit for the placement of a forty
square foot wall sisn at 214 South Main Street. Mike Kranz, applicant.
(In Historic District.)
The request was toj place a forty square foot wall sign approximately five
feet by eight fee~ in size. The Preservation Commission denied the
request stating tht sign was out of proportion in relation to tne mansard
roof. The color andl design was appropriate.
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Findings:
The Commission re<fommended the sign be reduced to three feet by twelve
feet. The sign thenlmet the sign Design Review Guidelines.
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APPROVED.
11. Case No. DR/91-6 - Design Review permit for a sign plan and a rear entry
improvement.
The proposed inclu~ed retaining an existing bubble awning, then providing ~
a slip cover for a f. ign on the awning and adding a projecting sign above
the parapet line. ne Heritage Preservation Commission felt this plan was
not appropriate to ! he building. The bubble awning is not compatible with
the building and th~ projecting sign was too high on the building.
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The proposal was tabled to a later meeting.
The new sign plan!submitted consisted of three small projecting signs
located at various ~ocations on the structure below tile parapet line.
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met the intent of the Design Guidelines and Preservation
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Findings:
The three signs
Ordinance.
APPROVED.
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The second part of ~he application included a rear facade improvement.
The proposal met th~ purpose of tile Design Guidelines.
APPROVED.
12. Case No. DR/91-7 ~ A Design Permit for the construction of a nine hole
miniature gol f cour~e, putting area and three foot by twenty foot wall _
sign at 202 North M~in Street. (In Downtown Plan area.) ..
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Tne request was to convert an existing gas station site into a miniature
gol f course and a retail establ i shment. The following comments were made
regarding the site plan only:
1. The sign was appropriate at three feet by seventeen feet.
2. Brick material is appropriate for the small wall fence.
3. The planters were appropriate.
4. Pavers: brick is a compatible material.
5. Berm with landscaping, plants will screen area from the south
elevation.
Findings:
The design for the site met the intent of the Design Guidelines. (on a
site specific basis).
APPROVED.
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This site was not in the Historic District. However, its location was
adjacent to the District. The Heritage Preservation Commission felt a
miniature golf course was visually intrusive to the historic integrity of
the area. The Heritage Preservation Commission could not comment on use
but did send a letter to the Planning Commission stating their views.
13. Case No. DR/91-8 - Design Review permit for the placement of a projecting
sign and two small wall signs for the National Park Service Visitors
Center in the Staples Block at 119 South Main Street. Albert Seiderkranz,
Applicant. (In Historic District.)
The request was to place two small National Park Service wall signs on
the inside entryway of the building and one projecting sign near the
entrance of the building. This site accommodates office, visitor
information and interpretive services. More signagethan allowable for
one business was justified.
Findings:
The proposal met the intent of the Design Guidelines, Preservation
Ordinance and sign regulations.
APPROVED.
14. Case No. DR/91-9 - Design Review Permit for the placement of two wall
signs at 102 North Main Street. Mark Balay, Applicant. (In Historic
Di strict. )
The request was to add two wall signs on a corner building. The sign on
Main Street was twenty four square feet and the sign on MYrtle Street was
forty eight square feet. The colors proposed were beige and blue.
Findings:
The proposed signage met the intent of the Preservation Ordinance, Design
Guidelines and Sign Ordinance.
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APPROVED.
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15.
Ca se No. DR/91-10 ... Design Revi ew permi t for the pl acement of one foot by
nineteen foot wall Jign for a business and an additional small graphic
sign for one foot by three feet to border the facade above an apartment
door. Sharon Stefan, Applicant. (In Historic District.)
The front of the racade was to be painted, color to be submitted at a
later date. No other changes to the building were to be made.
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APPROVED .
Findings: I
The proposed sign~ge met the intent of the Sign Ordinance, Preservation
Ordinance and Desig~ Guidelines.
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16. Case No. DR/91-UI- Design Review Permit to place a twenty five square
foot \',all sign on.a building at 390 North Main Street. Todd Snely,
Applicant. (In Downtown Plan area)
The request was ~o place a twenty five square foot sign on a blue
warehouse building. iThere are no important architectural features on the
building. The building is not in the Historic District.
Findings:
The sign met thel intent of the Downtown Design Guidelines and Sign
Ordinance. The signiwas to be placed between the cornice on the first
level and the secon~ story window.
APPROVED.
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17. Case No. DR/91-12 - Design Review Permit for an existing awning
transferred from a ~revious site. The property is located at 228 South
Main Street. Ardell iFox, Applicant. (In Historic District)
The request was for a sign permit for an existing awning which was placed
at the new location of Foxy's Barber Shop on Water Street. The awning has
five inch letters. The awning adds to rear entrance improvements on Wa~er
Street.
Findings:
The awning sign met the intent of the Downtown Stillwater Design
Guidelines, Preserv~tion Ordinance and Sign Ordinance.
APPROVED.
18. Case No. DR/91-13 - Design Review Permit for the expansion of an exterior
deck/entrance at ani existing restaurant facing south Second Street at 324
South Main Stree;t. Bob Tanner, Appl icant. (In Historic District)
The request was t~ expand the rear entrance to Estebans, twenty three
feet, seven inches to the south and seventeen feet, seven inches to tile
north. Estebans is located facing South Second Street. The existing
integrity of the ex:teri or of the buil ding has a Mexican/abode theme. Th is
structure is a no~-contributing site to the historic district and there
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were no historic sites in the area. Tllere was no increase in the seating
capacity of the restaurant.
Findings:
The expansion of the deck has no impact on the existing integrity of the
facade. There are no historic elements on this store front nor is there
historic structures in the area. The expansion met the intent of the
design guidelines.
APPROVED.
19. Case No. DR/91-14 - Design Review Permit for the placement of an awning
sign at 24 South Main Street. Richard Cllilson, Applicant. (In Historic
District)
--
The request was to place a red and white bubble awning on a historic
store front (Madcapper). This awning was designed to match the existing
a\'mings on the second story windows which are presently inappropriate to
the period of the building. The awning proposed is not a traditional
awning or an awning which \'muld be more appropriate to the building.
Findings:
The awning letters met the intent of the Sign Ordinance regulations;
however, the type of bubble awning used is inappropriate to the building
as are the awni ngs on the second story windows. The awnings proposed do
not meet the intent of the Downtown Design Guidelines and Preservation
Ordinance.
DENIED.
The owner is going to reevaluate signage on the building and come back
with a new plan at a later date.
20. Case No. DR/91-15 - Design Review for the placement of a six square foot
projected sign at 216 South Main Street. Deborah Ash, Applicant. In
Historic District)
The request was to place a six square foot awning sign below a mansard
awning at 216 South Main Street.
Findings:
The projecting sign met the intent of the Sign Ordinance and Design
Guidelines.
APPROVED.
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21. Case No. DR/91-16 - Design Review Permit for the placement of a thirty
foot awning sign and facade rehabilitation at 116 East Chestnut Street.
David Johnson, Applicant. (In Downtown Plan area)
The request was to rehabilitate a storefront, add an awning with signage
for Water Music, and banner signage for the Blue Guitar. The following
items were approved:
7
- A brick veneer on the first level~
- Projecting sign for Blue Guitar~
- Awning and signage (awning and banner).
Findings:
Tnis facade is not a historic building and the existing facade had no
important architectural features. the improvement met the intent of tile
Sign Ordinance and Downtown Design Guidelines.
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APPROVED (as state~)
22. Case No. DR/91-17! - Design Review for the replacement of an existing sign
at 125 South Main Street. Katherine Dahl~ Applicant. In Historic
Di strict)
The request was ~o place a nevI sign at the same location of a previously
approved sign. Thelonly difference in the new sign was the business nar~.
Findings: :
The sign was iderltical in lettering size and border which was previously
approved by the Heritage Preservation Commission ~Case No. DR/90-5).
APPROVED (Administ~atively)
HERITAGE PRESERVATION MEMBERS:
Jet. Johnson - Chalrpe son, Marlene Workman - Representative of the Washington
County Historical Societ , Bob Kimbrel, Katherine Francis (resume attached), (It
Sha\'Jn Draper, Tim Stefan i (resume attached) Howard Lieberman ("resume attached). .
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NATIONAL REGISTER NOMINATION: (Attachment 2)
The Heritage Preservatio~ Commission/City of Stillwater has sent letters of
support on the nominatIon of the Downtown Commercial Historic District to the
National Register of Historic Places.
INVENTORY INFORMATION: I
No additional historical information has been gathered by the Heritage
Preservation Commission.IThe Stillwater Library has past inventory information
on file !
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DOWNTOWN PLAN PHASE I STREETSCAPE IMPROVEMENTS: (Attachment 3)
The Heritage Preservati o~ Commi ssi on recommended the acorn pedes tri an 1 i gilts
and the grey octagon p~vers as the streetscape elements for Phase I of the
Downtown improvements. Tt~e Downtown had acorn lights between the 1930's to 1957
when florescent highway lights were installed.
Downtown Stillwater ha~ large octagon pavers on the sidewalks in the early
1900's. The Heritage Preservation Commission choose the small, grey octagon
pavers because they re~a 11 ed the early pavers and they were the only octagon
pavers available. i
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ENTRANCE CORRIDOR PLAN
The Preservation CommisSion was involved in an Entrance Corridor Study and plan A
for the entrances to Dow1town Stillwater. The Heritage Preservation Commission ..,
was involved because or the local historic district and other visual elements
8
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of Stillwater and tile St. Croix River Valley. This plan will be implemented as
money becomes available or for civic groups and organizations who wish to
conduct projects.
CLG COMMENT ON SECTION 106 DOCUMENTATION REPORT ON BRIDGE CORRIDOR OPTIONS:
(Attachment 4 and 5)
The Stillwater Heritage Preservation Commission commented as an official CLG on
the Secti on 106 Documentati on Report on the Sti 11 water /Houl to n Bri dge corri do r
options for a new crossing over the St. Croix River. The position of the
Heritage Preservation Commission is that any bridge crossing will have an
adverse affect on the lift bridge due to its disposition. The Heritage
Preservation Commission received response from Don C. Kilma, Advisory Council
on Historic Preservation.
LETTER FROM SIERRA CLUB (APPENDIX (Attachment 6)
The Heritage Preservation Commission received a letter from the Sierra Club
stating their position on the disposition of the existing bridge due to a new
bridge.
The Heritage Preservation Commission did not respond.
BY LAWS (Attachment 7)
The Heritage Preservation Commission drafted bylaws for membership and
officers. some of these issues were not stated in the Preservation Ordinance.
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PRESS RELEASE (Attachment 8)
The Heritage Preservation Commission drafted an article on the 60th birthday of
the Stillwater/Houlton Interstate Bridge which was printed in all three local
papers in June 1991.
FLOODPLAIN ORDINANCE (Attachment 9)
City Staff prepared a draft Floodplain Ordinance on which the
Heritage Preservation Commission commented. The Heritage Preservation
Commission recommended the SHPO Staff also comment on the Ordinance WhiCh was
received.
PRESERVATION OF BRICK PAVERS (Attachment 10)
The Heritage Preservation Commission drafted a letter to the City Council
regarding the brick pavers which were removed from the Downtown as a part of
the Phase I Downtown Project. The City Council agreed to keep the ten
truckloads for reuse in the Downtown. All other bricks were distributed to
residents on a first come, first serve basis.
LOCAL CERTIFICATION OF DOWNTOWN STILLWATER COMMERCIAL DISTRICT (Attachn~nt 10)
On July 3, 1991, the City of Stillwater received notification that the local
designation of the Downtown Stillwater Commercial Historic District had been
certified by the National Park Service.
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MTM AND ZEPHYER TRAIN ISSUE {Attachment II}
The Heritage PreservatlOn Commission, in support of the MTM train attraction
and the Minnesota Zephyr Dinner Trains in Stillwater, sent a letter to the
Washington County Commissioners who were voting on an Ordinance limiting the
number of trips the trains could run to Duluth Junction. The Heritage
9
Preservation Commission feels strongly that these trains add variety of the
historic integrity of Stillwater.
CLG COMMENT OF THE NOMINATION OF THE DOWNTOWN STILLWATER COMMERCIAL HISTORIC
DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES. (Attachment 2)
The Stillwater Heritage Preservation Commission and the City council formally
commented on the nomination of the Downtown Commercial Historic District to the
National Register of Historic Places.
HISTORIC PRESERVATION/NATIONAL HIGHWAY ACT (Attachment 12)
The Heritage Preservatio" Commission sent a letter to Senator Durenberger in
support of historic pr~servation provisions in the new National Highway Act
being considered by the House/Senate Transportation Conference Committee
(S.1204,HR2950) .
10
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Annual HPC/CLG Report
Assurances
STTI LWATFR
90-91
:1
HPC
Fiscal year
1. I hereby certify that the STILLWATER Heritage
Preservation Commission has adhered to the public participation
provisions as stipulated under Section D of the "Procedures for
Applying For and Maintaining Certified Local Government Status"
issued by the Minnesota State Historic Preservation Office.
2. I hereby certify that the STILLWATER Heri tage
Preservation Commission has adhered to the "Procedures for the
Proper Disposal of Government Records" pursuant to Minnesota
Statutes 138.17 (see Appendix C of "Procedures for Applying For
and Maintaining Certified Local Government Status") .
c;~L
(This form may be used to certify compliance with requirement
I.E.f. of the Annual Report required for all CLG's.)
PROFESSIONAL
EXPERIENCE
REFEREN CES
K.atherine B. Francis
113 East Pine Street
Stillwater, 1In 55082
430-1777
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REAL EST A IE SALES
Edina Realty, Stillwater, Minnesota
1989 - Present
Colliwell Banker. \Vhite Bear Lake, Iv1innesota
1974 - 1989
Skills include Appraisal, Site Survey, Lease
Administration, Property Inspection, Contract
Proposal. Negotiation of Property Acquisition,
Advertising Design. Credit and banking procedures,
Communications and Public relations.
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IDESIGN AND REHABILATION CONTRACTS
Seventeen years experience with Interior. Exterior,
and Landscape Environments. Supervision of Comm-
ercial and Residential Renovation Projects. using
Design expertise. sush as Photography. Processing
Slide Presentation, Art Layout, Color Coordination,
Construction, etc., for the following:
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W. A. Frost
Brown &. Bigelow
Hartze1l1vlanufacturing
3M Company
Ramsey County Court House
i\finnesota Zoological Society
Governor's Convention for Handicapped
Received Merit Award for Design of Ramsey County
Public Park
'CHARLES NELSON-Historical Architect. State of Mn
ROBERT KIMBREL-President., RTR
~lARK BALA Y - Architect, Still,vater, Mn
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TIM STEFAN
Resume of Partners
EDUCATION
Bachelor of Architecture, University of Minnesota
PROFESSIONAL REGISTRATION
Registered Architect State of Minnesota
American Society of Architects
WORK HISTORY
Stefan Associates Stillwater, MN 1988 - Present
David Chipperfield Partners London, England 1988
The Leonard Parker Associates Minneapolis, MN 1985 - 88
The Stageberg Partners Minneapolis, MN 1984
STEFAN ASSOCIATES PROJECTS
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* 212 North Main Street Retail/Office Stillwater, MN
Addition and renovation of a historic commercial building.
* State Highway 36 Bridge Study Stillwater, MN
* Stillwater Entry Study Committee Stillwater, MN
Study team for proposed improvements to four entri~s.
* Wadsworth Residence London, England .
Remodeling and addition to a historic residence.
* Cafe De Columbia British Museum London, England
Remodeling of an existing historic museum space to a coffee
cafe.
* Southcross Properties Master Planning Burnsville, MN
Retail/Office complex zoning and master planning study for
proposed commercial development.
* Numerous private residences, additions and remodelings.
ADDITIONAL EXPERIENCE
* Minneapolis Convention Center and Plaza Minneapolis, MN
* Burrells Wharf Mixed Use Development London, England
* 700 East Main Townhouses and Plaza Aspen, CO
* United States Embassy Santiago, Chile
* Minneapolis Historic Warehouse District Third Avenue
Distributor Parking Garages Minneapolis, MN
* Minnesota Judicial Building Capital Grounds st. Paul, MN
Competitions:
* Minnesota Vietnam Veterans War Memorial St. Paul, MN
* National Peace Garden Washington DC
* Minnesota Capitol Mall st. Pa~l, MN
* st. Paul World Trade Center Plaza St. Paul, MN
* State of Washington Labor and Industries Bldg Olympia, WA
* Minnesota Judicial Building St. Paul, MN
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liO'" ARD L. LIEBERMAN
t90 ~rarr<<n Street
BrookJ}'n, New York 112,01
(212) 522-3469
EMPLOYMENT
Kramer, Levin, Nessen, Kamin &. Fnnkel, New York, New York
Associate, February 1982 . June 1984
Dudes incluue work in ~ll areas of corporate practice, including 1933 Act, 1934 Act,
1940 Act, mergers :z.nd acquisItions, leveraged buy-outs and offshore and domestic
money m:;l.rktt fund development. Specialization in all aspects of the alcohollc bev-
erage industry.
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Marslull, Br:atter, Greene, Allison &, Tuck~r, New York, New York
Summer Associate, June 1979 . August 1979
Associate, August 1980 . February 1982
Duties included work in all areas of domestic and foreign taxatioIl, legislative lobbying
:and tXX planning in conjunctlon wIth re:4l estate and corporate transactions.
Robert Feln8chrdb~r a. As~ocbtes, New York, New York
Research Associate, Jl4ne 19;6 . September 1978 (fit summers)
Duties induded dom9stk and international tax research.
Inu:rnatlona1 Tax Jouro;U, New York, New York
Assistant Editot~ June 1976 . September 1978 (fIt summer:;)
Duties included cdith1& international t?oX articles.
EDUCATION :
I
Hofstra UnJversity Sc~ool of Law
).D. May 1980 I
H0110rs: Articles Edlt~r, Hofstra Law R~yiew
Research Ass~sta.nt to Profe~sor A. Twerski, 1978-79
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Columbia UnJvcrslty School of International Affairs
M:;l.Sters in International Affills, October 1978
Specialization: Int.erqational Econornic~ .
H011ors: Research Asslsta.nt, I05titutc of War and Peace Studies, 1976-77
EdItor, Jour~l of International Affairs
I
Queens College (C.U.~.y.)
B.A. June 1976 !
Summa cum laude i
Honors: De~n's List a~l semesters
Economic~ lionors Society
Research Ass\lstam, Economics Dtpartmcnt, 1975-76
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MISCELLANEOUS
Strong working kno~~lt:J.g<.: of French
Expen level knowlcLl~<: of forelgn am! tlomc:~tic wines
Teacher of wine ~PPI!<:dation c()ur~<: for profl-~:siona1s
,
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REFERE~CES
A \'ailahle upon reque~t
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United States Department of the Interior
NATIONAL PARK SERVICE
ROCKY MOUNTAIN REGIONAL OFFICE
12795 W. Alameda Parkway
P.O. Box 25287
Denver. Colorado 80225-0287
Attachment 1
.
TAKE -
PSl1DE IN
AMBOCA
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IN REPLY REFER TO:
H32 (RMR-PR)
JUL 0 3 1991
Duane Hubbs, Chair
Stillwater Heritage Preservation Commission
Stillwater City Hall
216 North 4th Street
Stillwater, Minnesota 55082
Dear Mr. Hubbs:
III
Thank you for submitting the nomination for the locally designed Stillwater
Commercial Historic District for final certification. ~e have reviewed the
documentation and found that the nomination substantially meets National
Register Standards and is, therefore, approved.
\ \
Individual property owners of historic structures within this local historic
district may now be eligible to apply for the incentives pursuant to the Tax
Reform Act of 1986 (PL 99-514). Preservation tax incentives are available for
.any qualified project that the Secretary of the Interior designates a
certified rehabilitation of a certified historic structure. Certification
requests are made through the appropriate State Historic Preservation Officer
(SHPO); certifications are issued by the National Park Service. An enclosed
two-part Historic Preservation Certification Application is available for this
purpose from the Minnesota SHPO or this regional office.
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Thank you for your past and ongoing preservation efforts in the City of
Stillwater, Minnesota.
Sincerel~,
'-a~ -;;(
j~ROdd' L. Wheaton
Q Chief, Division
Enclosure
cc:
Minnesota SHPO, Ft. Snelling History Center, St. Paul, Minnesota, 55111
GDKendrick:lmm:7-3-91:969-2875
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NATIONAl PARK SERVICE
~-~.
6)11:.- , --~".
~i1!'" j ~AIIi~
~ ~.,.- "
t~~
II 1916 - 1991 .
,..
Attachment 2
r illvYater
~ - - ~
---- ~ ~
THE BIRTHPLACE OF MINNESOTA J
II
September 23, 1991
Nina Archabal
State Historic Preservat10n Office
Fort Snelling History Center
St. Paul, MN 55111
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Dear Ms. Archabal:
Re: CLG comment by the Stillwater Heritage Preservation Commission on the
nomination of: Stillwater Commercial Historic District, 'Stillwater,
Washington countYt to the National Register of Historic Places.
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The Stillwater Herit~ge Preservation Commission has reviewed the final
National Register Nomiration form for the Stillwater Commercial Historic
District according t? the provisi~ns of 36 CFR 61.5, Certified Local
Government (CLG) status.! Two Commission members, Tim Stefan, architect and
Marlene Workman, histodan, (she meets the federal standards for history) have
reviewed the form according to the National Register Criteria for evaluation. ~
They feel Downtown. Stillwater reflects the local economy during its period of ..
significance - 1860 to 1~40, when lumbering and manufacturing were at their
peak. !
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The Stillwater Commerc~al Historic District has sixty nine structures, sites
and buildings that contr~bute to the historic significance of the district and
represent the type, pedod, and method of construction that creates the unique
environment of Downtown Stillwater. These include the architectural features
of Italianate, Queene ~nne, Classic Revival, Greek Revival, and Early 20th
Century Commercial as stated in the nomination form.
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The Stillwater Heritage Preservation Comission supports this nomination
to the National Registerlof Historic Places. We would like to thank you for
allowing the City of! Stillwater to comment on this designation. This
nomination further empat~izes the historic significance of Downtown Stillwater
to the City of Stillwater and to the State of Minnesota.
Sincerely,
Jeff Johnson
Chairperson, Stillwater ~eritage Preservation Commission
JJ/sm
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CITY HALL: 216 NORTH, FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
35 FT. STEEL POLE
40 FT. STEEL POLE
EXISTING
COBRA HEAD LIGHTING
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Downfown Beautification
Stillwater, Minnesota
250'WA
HPS LUMINAIRE
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PROPOSED ROADW A Y LIGHTING
'250 WATT HPS LAMP & CLEAR
TEMPERED GLASS LENS
WEATHERPROOF GFI RECEPTACLE
FOR FESTOON TYPE X-MAS LIGHT
PROPOSED
PEDESTRIAN LIGHT
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100 WATT HPS
ACORN GLOBE
GFI RECEPTICLE
12 Ft. CAST
ALUMINUM POLE
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STANDARDS.
FILE NO. 89255
DATE: JUNE 1990
FIGURE NO.2.1 0.1
ENCINEERS . ARCHITECTS. PLANNERS
Attachment 4
illwater
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THE BIRTHPLACE OF MINNESOTA
December 3, 1990
~ crff)
qvJ fJ~r 1/9 0
Ms. Ann Weinheimer
Northern Division of East~rn Office, Project Rev
Advisory Council on Historic Preservation
Old Post Office Building
1100 Pennsylvania Avenue, NW #809
Washington, D.C. 20004
Dear Ms. Weinheimer:
The purpose of this le~ter is to comment on the Section 106 Documentation
Report drafted by the Minnesota Department of Transportation on the bridge
corridor options for a new crossing over the St. Croix River. The Stillwater
Heritage Preservation Commission, a certified local government, has the
responsibility to comment on the Section 106 process and directly COITIID2nt on
the affects of the bridge! corridor on the historic resources in the City of
Stillwater. Based on a 'review of the bridge alternative, our findings of
adverse effects include the following: 411
The Stillwater Heritage Preservation Comnission is concerned about the locally
designated Downtown Historic District and the existing Stillwater/Houlton Lift
Bridge. The Downtown Historic District has been submitted to the Minnesota
Historical Society for !National Register designation and has also been
considered as a Certi'fied Local Historic District by the National Park
Service. The Stillwater/Houlton Lift Bridge is listed on the National Register
of Historic Places.
I
The Central Corridor wi!ll adversely affect the Historic Commercial District,
as well as Lowell Park, a!ccording to the criteria of Effect and Adverse Effect
under 36 CFR part 800: !IIProtection of Historic Properties" which govern the
Section 106 review proce~s: 800.9 (b) An undertaking is considered to have an
adverse effect when tHe effect'on an historic property may diminish the
integrity of the propertJ1J's location, design, setting, materials, workmanship,
feeling of association Adverse effects on historic properties include, but
are not limited to: (3) introduction of visual, audible, or atmospheric
elements that are out qf character with the property or alter its setting."
Lowell Park was planned i!n 1918 and developed in the 1920's and 1930's. It is
visited and used by re~idents of Stillwater and is a regional park for the
neighboring Twin Cities ~etropolitan area. The original intent of this urban
park has not changed. I~ was developed because of its setting on the St. Croix
River. A Central Corridor would alter the passive recreational use of this
park with the enjoyment 9f the views along the St. Croix River Valley.
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CENTRAL CORRIDOR
CITY HALL: 216 NORTH!FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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The Downtown Commercial Historic District, historic Ilomes on the river bluffs,
and lift bridge are part of the history of the river valley. A Central
Corridor bridge would adversely affect tile association of this community with
the St. Croix River.
The Mortimer Webster house on the National Register will also be adversely
affected under 800.9 (3) Criteria of Effect and Adverse Effects by a Central
Corridor Bridge.
NO BUILD/NO ACTION:
The no build/no action scenario would have a direct adverse effect according
to 800.9 (b) Criteria of Effect and Adverse Effectll. The constant vibrations,
noise, and air pollution from the increasing high volume of traffic is not
only destroying the pedestrian environment in which the historic buildings
play an important visual role, it is destroying the buildings themselves. A
reconnaissance survey from the Downtown Historic Survey, by Dr. Norene Roberts
has identified this problem. Buildings are leaning against one another and the
soft, stone brick buildings are eroding.
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NO BUILD/TSM
The TSM options are unacceptable on a short term and long term basis, and
would adversely affect Downtown Stillwater according to 800.9 (b) (1) criteria
of effect and adverse effect. By upgrading the road systems "for vehicles, it
contradicts the efforts by the City of Stillwater to upgrade the Do'wntown for
pedestrian movement. As in most older communities, Stillwater was not designed
for the vehicle. The TSM options would increase traffic through Downtown
Stillwater thereby increasing the pollution, noise, and would be detril1}2ntal
to the pedestrian environment in Downtown Stillwater.
NO BUILD/REPLACEMENT ON SITE
Replacement of the existing bridge does not alleviate the traffic situation in
Downtown Stillwater. Vehicles would still have tp travel into the Downtown to
approach a new bridge. The same traffic problems as exist today would remain
and eventually become worse.
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SOUTH CORRIDOR
We are concerned that the South Corridor bridge would adversely affect the
existing historic lift bridge due to the possibility of its demolition. The
existing Stillwater/Houlton Lift Bridge, \'-Il1icl1 is on the Nation,al Register of
Historic Places, was constructed in 1931. It is a rare example of a truss-lift
bridge of this type.
The City of Stillwater with its Historic Commercial District and lift bridge
on the St. Croix River is a unique setting. Nowhere in the upper Midwest is a
historic city and a National Register Historic Lift Bridge along and within a
National Wild and Scenic River System. Retaining this whole area is of great
importance because preserving our historic, cultural and natural resources is
part of the goals of the St. Croix Wild and Scenic River System. Stillwater
and the St. Croix River have depended on each other since this area was first
?
settled in 1839. The historic lift bridge is part of the development and
history of Stillwater.
The National Park Service must consider the nationally registered historic
Stillwater Lift Bridge not a proliferation of the Wild and Scenic River System
but a cultural, historic resource which must be preserved. To date, the Park
Service has neglected its mandate to protect our nation's cultural resources.
s;c~
~e Hubbs
Chairperson I
Stillwater Heritage Presfrvation Commission
DH/sl m
E.n c 1 0 s.u r e.
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Mr. Frank Meyer
Division Administrator
Federal Highway Administration
4502 Vernon Boulevard
Madison, Wisconsin 53705-4905
Dr. Nina M. Archabald
Director
Minnesota Historical Society
Fort Snelling History Center
St. Paul, MN 55111
Dr. H. Nicholas Muller III
Di rector
State Historical Society
816 State Street
Madison, Wisconsin 53706
Mr. James M. Harrison
Ctlairman
Minnesota-Wisconsin Boundary Area Commission
619 Second Street
Hudson, Wisconsin 54016-1576
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Mr. William M. Crawford
District Engineer
Minnesota Department of Transportation
Metro Di strict
Transportation Building
St. Paul, MN 55155
Mr. Gregory J. Piette
District Director
Wisconsin Department of Transportation
Di strict 8
P.O. Box 429
Superior, Wisconsin 54880
Ms. Ann Weinheimer
Northern Division of Eastern Office, Project Review
Advisory Council on Historic Preservation
Old Post Office Building
1100 Pennsylvania Avenue
Washington, D.C. 20004
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Mr. Tim Turner
Di rector
Midwest Regional Office
National Trust for Historic Preservation
511 - 16th Street, Suite 700
Denver, Colorado 80202
Mr. Robert F. Welford
Field Supervisor
U.S. Fish and Wildlife Service (ES)
Park Square Court 50
400 Sibley Street
St Paul, MN 55101
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Mr. Don H. Castleberry
Regional Director
Midwest Regional Office
National Park, Service
1709 Jackson ~treet
Omaha, Nebras~a 68102
Mr. Anthony L. Anderson
Superintenden~
Saint Croix National Scenic Riverway
P.O. Box 708 !
St. Croix Fal~s, Wisconsin 54024
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Mr. Charles Fbslien
Division Administrator
Federal Highw~y Administration
Seventh and Rpbert Streets, Suite 490
St. Paul, MN ~5101
Jonathan P. Deason
Director
Office of Env~ronmental Affairs
United Statesl Department of Interior
Office of thel Secretary
Washington, 0' C. 20240
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Attachment 5
.,_.~ .
. Advisory
Council On
e Historic
Preservation
The Old Post Office Building
1100 Pennsylvania Avenue. N\^I, #809
Washington. DC 20004
JAN 2 8 1991
Mr. Duane Hubbs
Chairperson
stillwater Heritage Preservation commission
City Hall, 216 North Fourth
stillwater, MN 55082
REF: stillwater-Houlton Bridge Project
\
Dear Mr. Hubbs:
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Thank you for your recent letter regarding the referenced
project. We also received correspondence from Mayor Wally
Abrahamson. We appreciate hearing from you and Mayor Abrahamson,
since it is important that all local interested parties have
input during review of the project pursuant to section 106 of the
National Historic Preservation Act.
Under Section 106 and the Council's implementing regulations, the
Federal Highway Administration (FHWA) must identify historic
properties in the project area, assess effects to such
properties, "and explore alternatives to avoid or mitigate any
adverse effects. Pursuant to the Council's implementing
regulations, FHWA has been in consultation with the Minnesota
state Historic Preservation Officer (SHPO) to complete the first
two of these steps. On November 9, 1990, the Minnesota SHPO
issued its determination that all of the proposed alternatives
(other than no action) have the potential to result in adverse
effects to historic properties. When FHWA chooses a preferred
alternative, consultation should begin to explore alternatives
which would avoid or mitigate such adverse effects. We have
notified FHWA that we wish to participate actively in such
consultation. (See enclosed letter.)
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If a new bridge is proposed upon a new alignment, the disposition
of the historic bridge will be an issue of prime concern. Our
initial impression is that there are a variety of alternatives to
demolition of the structure, and that removal of the historic
bridge is not warranted, provided that it is still structurally
sound.
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Thank you for bringing your interest in this matter to our
attention. If you have any questions, please contact Druscilla
Null at (202) 786-0505.
n L. Klima .
r ctor, Eastern IOffice
of Project Revi~w
Enclosure
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Advisory
Council On
II Historic
Preservation
Th~ Old Pu:;t Office Building
llUU Pellll:;ylvilllia Avenue. NW. #UUU
Wa:;hingtull. DC 20UU-l
... - - .i/\rJ 2 8 IOGI -
Mr. Charles E. Foslien
Division Administrator
Federal Highway Adminis-tration
7th and Robert streets, suite 490
st. Paul, MN 55101
REF: Stillwater-Houlton Bridge Project
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Dear Mr. 5P~~lien:
As disc~~ed with Allen Friesen of ~our staff, we have ~eceived
corresp~dence from the Mayor of Stlllwater-and the Chalrperson
of the stillwater Heritage Preservation commission regarding the
referenced project (copies enclosed). Upon receipt of these
letters, we contacted the Minnesota State Historic Preservation
Office (SHFO) and obtained a copy of that office's letter of
November 9, 1990. This letter states that the Minnesota SHPO has
determined that all of the proposed alternatives have the
potential to adversely effect historic properties in accordance
with section 106 of the National Historic Preservation Act.
As the Minnesota SHPO points out, the next step toward completing
the Section 106 review process will be consultation to explore
alternatives that will avoid or minimize the adverse effects.
The Minnesota SHPO suggests that the Council be involved in this
consultation, and, given the level of local interest communicated
to us, we tend to agree. Thus, we wish to participate actively
in further consultation on this project, as provided for in
section 800.5(e) of the regulations implementing section 106 (36
CFR Part 800).
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Please provide us with the section 106 documentation that has
already been provided to the Minnesota SHPO and other interested
parties. This will permit us to further familiarize ourselves
with events to date and prepare us to proceed with you in
consultation. If you have any questions, please contact
Druscilla Null at (202) 786-0505.
~elelY,
~jlP
Po/~ i' Klima
t~~tor, Eastern Office
\it Project Review
Enclosures
Attachment 6
Feb.22,1991
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Ann Pung-Terwedo
Stillwater Heritage Preservation Commission
stillwater, MN 55082
Dear Ann Pung-Terwedo and Commission Members;
I write to you today to bring to your attention a very
important matter. I am Conservation Chair for the local
Sierra Club. I read from the public record your stand about
the proposed Stillwater bridge. Your advocacy of the
historic downtown area is very important to the Stillwater
community. That is why I feel it is necessary to inform you
of the stand that is being taken by eight agencies and
associations concerning the disposition of the lift bridge.
MNDoT will take no stand on the issue at present.
However, The US D~pt. of the Interi.or (National Park
Service), The Lower St.Croix Management Commission, the
MN-WI Boundary Ar~a Commission, WI DNR, MN DNR, the St.Croix
Valley Sierra Club (as well as the MN, WI, and National
Sierra Clubs), vo~ageurs Region Park Ass'n., and the
St.Croix River Association have all insisted that if a new
bridge is built over the St.Croix, the old bridge will have
to be removed under MN law, stating no proliferation of
structures over al wild and scenic riverway. The Sierra Club
is already invest\igating a possible lawsuit in the matter.
I am a native of stillwater and love its historic
quality. I do notl Ivant to see the old bridge moved. It must
remain part of thF historic commercial district. These eight
environmental grorps are emphasizing that MNDoT needs to do a
Regional Tranport~tion Systems plan that involves utilizing
the 194 bridge ati Hudson, wi th faster access from the
Stillwater area bV creating access roads that would bypass
Bayport and Hudson. It needs to eliminate truck traffic on
the old bridge, use a much vaster plan of mass transit vans
or buses to area ~mployers and reroute traffic in
Stillwater. Bridges in other parts of the country are
subject to these ~ind of res~ctions, especially if the
community wants tp preserve them. Stillwater-Houlton does
not have to becom~ a major thoroughfare. Metropolitan sprawl
into. st.Croix County viII not inhance the historic quality
of Stillwater and! its unique placement on a wild and scenic
river. :
If you have ary further questions, please feel free to
contact me. I fee~ that we have the same goal in mind.
It
SincerelY/;At ' ,
4 -., / n/ j
t~ciJ . ~y.~
Cindy Gustavson
Conservation Chair
St.Croix Valley Interstate Sierra
Club
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1007 Pine Tree Trail
Stillwater, MN 55082
430-1541
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Attachment 7
BYLAWS
STILLWATER HERITAGE PRESERVATION COMMISSION
I. Organizational Structure:
The Stillwater Heritage Preservation Commission is composed of seven
(7) voting members appointed by the Mayor (Chapter 22.l0, Subd. 3
of the Stillwater City Code).
A. Membership:
The qualifications for appointment to the Commission
are:
1. Two members of the HPC shall be preservation
related professionals (including the
prof essions of history, archi tecture,
architecturalhistory, archeology, planning,
real estate, design, building trades,
landscape architecture or law).
B.
Term of Appointment:
Appointments shall be term of three (3) years.
C.
Officers:
1.
Chairperson: A chairperson
appointed by the Commission on
basis. The responsibilities
Chairperson shall include:
shall be
a yearly
of the
a. Conducting the meetings.
b. Responsible for coordination of
HPC with other City Commissions
and the City Council.
2. Vice Chairperson: A vice chairperson shall
be appointed by the Commission on a yearly
basis. The responsibilities of the vice
chairperson shall include:
a. Assist the Chairperson in that
responsibility.
b. To conduct meeting the
Chairperson's absence.
II. Meetings:
The HPC shall meet the first Monday of the month. Special meetings
may be called if needed.
TO:
LOCAL NEWSPAPERS
FROM:
Attachment 8
PRESS RELEASE
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STILLWATER HERITAGE PRESERVATION COMMISSION
STILLWATER/HOULTON BRIDGE
tlAPPJ'_60TR BIRTHDAY
On July 1, 1991, the Stillwater/Houlton Bridge is celebrating its 60th
Birthday. This date marks pver one ilundred and forty ye"ars that this area of
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the river has been a majior transportation link between the states, r~innesota
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and Wisconsin. The design phase for a new river crossing over the St. Croix
River, south of Stillwat~r, is in process thereby furthering the reality of a
new crossing over the St. ~roix River in a few years.
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As early as 1849, toll ferries were used to cross the St. Croix River.
Stillwater was a major 9istribution center during the early lumber and
agricultural interests ini the valley. The draw bridge accommodated the passage
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of logs during the lumber ~ra and later steamwheelers. This crossing served
early interstate pedestri~n, horse drawn and later motorized vehicular traffic
into western Wisconsin.
In May 1876, a wooden pJntoon draw bridge was completed over tne St. Croix
between Stillwater and Hounton, Wisconsin near the location of the existing
bridge. this toll bridg~ \'/as constructed at a cost of $24,000. In 1904, the
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bridge caught fire, for~y people fell into the river and two people were
killed. This toll bridg~ was abandoned in 1912 making this the first free
interstate bridge between ITaylors Falls and Hastings. The City of Stillwater
then owned and maintain~d another timber, pontoon swing bridge until the new
,
bridge was completed in 1931.
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Planning for the existing bridge began in the 1920's and involved both
Minnesota and Wisconsin High\'iay Commission Bridge Departments. In 1929, after
construction began on tfle bridge, the bridge design and location were changed.
The Minnesota Department of Transportation originally designed the bridge with
five 140 foot spans. The bridge as it stands, has seven camelback spans. The
second span from the west lifts for river navigation. The location of the
bridge was always planned for Chestnut Street on the Minnesota side; however,
the location for the bridge on the Wisconsin side was planned for north of
Houlton, Wisconsin. The plan was changed to place the bridge directly into
Houlton by the construction of an earthen road into the river.
The Stillwater/Houlton Interstate Bridge opened to traffic on July 1, 1931.
15,000 people, including the governors of Minnesota and Wisconsin attended the
dedication ceremonies. The total cost of the bridge was $460,174.00, shared on
an approximate 50-50 basis by the states of Minnesota and Wisconsin.
The design of the Stillw~ter/Houlton Interstate Bridge is of historical
significance which made it eligible for listing on the National Register of
e Historic Places in 1987. Vertical lift bridges made their debut by the
construction of a bridge over the Chicago River at South Halstad Street in
Chicago in 1895. The Chicago Bridge, designed by J.A.L. Waddell was the
original concept for lift bridges in Europe and the United States. The
Stillwater/Houlton Bridge is known for the general bridge type of Waddell and
Harrington. John Lyle Harrington refined the lift bridge concept into a
rational and well integrated design in the early 1900's.
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Before the partnership dissolved in 1914, Waddell and Harrington designed
thirty vertical-lift spans for highway and railroad crossings in the country.
At least five were designed in Minnesota and Wisconsin. The general design and
engineering for the existing bridge was the successor firm of Harrington,
known as Ash, Howard, Needles and Tammen. Only two bridges remain in Minnesota
of the vertical lift design. These two bridges are the Stillwater/Houlton
Interstate Bridge and the Duluth lift bridge.
The Stillwater Heritage Preservation Commission wishes the Stillwater/Houlton
Interstate Bridge a Happy 60th Birthday. The Commission hopes the residents of
2
the Vall ey s ha re in the fu tu re of the b ri dge as a treasure and monument to
days remembered and to the future of the St. Croix River. e
SOURCES:
United States Department of the Interior, National Park Service,
Stillwater Bridge, Stillwater, Minnesota and Houlton, Wisconsin, National
Register of Historic Places Registration Form, 1987.
Minnesota Department of Transportation, Historic and Archeological
impacts Stillwater/HOulton Bridge 1989.
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illYYater
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TH~RTHPLACE OF MINNESOTA i)
Attachment 9
June 14, 1991
Dennis Gimmestad
State Historical Preservation Office
Fort Snelling History Center
st. Paul, MN 55082
Dear Dennis:
The city of Stillwater is amending its Flood Plain Ordinance to be consistent
wi th recent changes in the National Flood Insurance Program Regulations. Because
the City of Stillwater has a historic district that is within the Flood Plain
District, we have included in our ordinance the federal requirement allowing the
City to issue variances for improvements to historic structures so long as the
improvement maintains the historic integrity of the structure.
We may need your support for this provision of our ordinance because Minnesota
DNR has not specifically provided for historic structure in their Draft Flood
Plain Ordinance.
I have enclosed key sections from the Federal Regulations regarding historic
structure. Your review and support for the amended Flood Plain Ordinance would
be appreciated.
The City feels that the variance provision would not adversely effect the health
or safety of the Downtown and help preserve our historic resources.
Sincerely,
~?~~
Ann Pung-Terwedo
planner
APT/ smc
Enclosures:
Draft Flood Plain Ordinance
Federal Flood Insurance Program Regulations
CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121
June 26, 1991
Honorable Mayor and City Council
Attachment 10 .
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The Stillwater Heritage Preservation Commission appointed by the City Council
for the preservation of out heritage within the Downtown Historic District is
enthusiastically pleased b~ the condition of the solid, intact brick street
pavers that are part of owl' valuable heritage. We are pleased in knowing that
in the design phase, the Council expressed concern and interest to use any "good
reusable pavers" found beneath the street surface for possible use as accent
within the downtown. The reuse of significant elements is strongly encouraged
in the private building r~novations within our historic district by the City
through the adoption of th~ Heritage Preservation Ordinance No. 664.
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We were shocked and distreised to hear that members of the Council wish to part
with our heritage and to a~t against the ordinance in which it was established.
Overriding the lIgood, reupable pavers" for the sale ana removal from their
downtown setting is a smal~ capital gain for the City.
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We hope that the Council ~ill consider their appropriate reuse such as accents
within the Downtown Histo~ic District from which they came by directing the
engineers to assess the paver condition and quality, then present a plan to the
HPC and Council for their approval. This approach is consistent with the
requirements placed upon a+l others that are restoring historic properties within
the Downtown District. T~e City must honor all historic elements in order to
achieve the city's desire I to maintain the Historic District in which lies our
valuable heritage. i
Sincerely,
Stillwater Heritage
Preservation Commission
Jeff Johnson, Chairman
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r illwater
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THE BIRTHPLACE OF MINNESOTA J
Attachment 11
July 9, 1991
TO WASHINGTON COUNTY COMMISSIONERS:
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The Stillwater Heritage Preservation Commission whole-
heartedly supports the historic trains that are a part of
Historic Downtown Stillwater. Their presence in the
community are monuments to years past which compliment the
historic perspective of Downtown Stillwater. This is what
makes Stillwater a special place to live and to visit.
Northern Pacific Engine No. 328, in particular, a part of
Stillwater for over thirty years, reflects the train era of
the turn-of-the-century, as does the built environment of
Downtown Stillwater. The Zephyr Dinner Train, although a
statement of another era, adds to the variety of history
Stillwater has to offer.
The Preservation Commission hop.es the County Commissioners
can arrive at a reasonable solution so both train
attractions can remain in Stillwater because they are a part
of our community and to our economic base.
Please include our comments with those presented at the
public hearing on this issue.
Sincerely, + .
:!i~J:son J
Chairperson
Stillwater Heritage Preservation Commission
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CITY HALL: 216 NORTH FOURTH STILLWATER. MINNESOTA 55082 PHONE: 612-439-6121
September 23, 1991
r illwater
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Ti H E B I R T H P LAC E 0 F M INN E SOT A J
.. Attachment 12.
Honorable David Durenb~rger
United States Senator I
375 Russel Senate Office
Washington, D.C. 20510L2301
Dear Senator Durenber~er:
The Stillwater Heritage Preservation Commission strongly supports
the inclusion of historic preservation provisions in the new
National Highway ct being considered by the House/Senate
Transportation Confer nce Committee (S.1204,HR2950).. Not since 1983
has there been fed ral money designated specifically for the
preservation of our N tional Heritage.
,
The City of Stillwater, the Birthplace of Minnesota, will be
impacted by a new river crossing in the near future. This impact
will be the disposition of our existing Stillwater/Houlton
Interstate Bridge whlich is on .the National Register of Historic
Places. If the newllegislation is approved with funding for
transportation enha~cements, (Sections 106 (b) (4) and 131 of
S.1204), it will be Ipossible to maintain and' operate the existing
bridge as well as conjtruct a new bridge as a part of the highway
project.
I n you r role a; a m mb"er of the Confere"nce C~mmi tte~ on the Surface
Transportation Legisl~tion, I urge you to support the enactment of
provisions that support preservation in the State of Minnesota.
Thank you for your ti$e and consideration.
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Jeff Johnson I
Chairperson, Stillwat~r Heritage Preservation Commission
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c.c. Dennis Gimmestadf State Historic Preservation Officer
J. Jackson Walte , President, National Trust for Historic
Preservation i
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Sincerely,
CITY HAll: 216 NORTH FbuRTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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Cit~ Db
g HQQwate/t, v\JlivUlegotc;t
Dear Guests and Honorable Dignitaries to the Exhibit Opening of the
125th G.A.R. Commemoration Exhibit:
The City of Stillwater is proud of it fascinating and intriguing
history. Its woven into the hearts of our citizens through
pictures, books and most importantly through displays such as this
125th Grand Army of the Republic Commemoration Exhibit.
Volunteerism and the setting of the Washington County Historic
Courthouse make this historic interpretation possible for everyone.
The City appreciates all your efforts. .
We are very proud of all Stillwater citizens who have served in
wars from the Civil War to Desert Storm. This display honoring
Grand Army of the Republic and especially those Stillwater Comrades
is a true and lasting tribute to our forefathers. Without their
dedication to the community so long ago, Stillwater wouldn't be the
jewel it is today. I found it fascinating to read of the comrades
such as Adam Marty and other hometown Stillwater residents who kept
this Veteran's Group alive. They played' an active part in the
early development of our community and left a record of their role
in the Civil War and the Grand Army of the Republic for all of us
to read about and view through exhibits such as this.
. ---
I apologize for my absence in tonight's opening ceremony. A City
Council meeting is being held at this moment. City Council members
plan to visit this display during Lumberjack Days. We hope to see
all of you during this week of celebration honoring the 125th
G.A.R. Commemoration, the Stillwater Chamber of Commerce Centennial
and, of course, the Lumberjacks who founded our Community.
v\1ta~Dlt
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SPECIAL MEETING
STILLWATER CITY COUNCIL
MINUTES
November 12, 1991
4:30 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Farrell, Funke, Opheim (arrived at
4:50 P.M.) and Mayor Abrahamson.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Public Safety Director Mawhorter
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Others:
None
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UPDATE ON DOWNTOWN CONSTRUCTION
Mr. Richard Moore, Consulting Engineer, reported that sidewalks are being
poured, curb and gutter will be started on Third St. and also on r~rtle
St. adjacent to Hooley1s Supermarket. Next week the contractor plans to
pave Third, Myrtle, and all open streets. Some patching will also be done.
Most of the front wall is poured on Water Street and curbing will go in.
NSP plans to be done this week on No. Main St. with the underground
electric and will start on Water St. on Friday. When the contractor asks
for a suspension of time, for the winter, then a list of items that need
to be temporarily patched and put together before the winter will be
developed. The contractor has also asked for an extension of time and is
in the process of putting together his reasons. Mr. Moore will review
these with staff and will come back to the Council with recommendations at
the next Council meeting. Mr. Moore recommended that a letter be written
to all the merchants asking them not to use salt on the new sidewalk. The
Public Works Dept. has a chemical that can be used in place of salt.
Councilrnember Funke suggested the contractor be responsible for paying for
thi s i tern.
Further discussion followed between Council and Staff regarding the
various items on which Mr. t<1oore reported. It ~las noted that Downtown
should be made presentable for Thanksgiving in order to help the merchants
and Mr. Moore stated the target date for completion is November 20.
1. Authorization to Advertise for Parking Enforcement Officer Position.
Mr. Mawhorter requested to advertise this position in order to replace
Cara Capuzzi who is resigning at the end of December, 1991. He explained
the process to be followed in hiring for this position.
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Stillwater City Council Minutes
November 12, 1991
Special Meeting
Motion by Councilmembe~ Funke, seconded by Councilmember Bodlovick to
authorize the Police Criief to advertise for the position of Parking
Enforcement Officer. (All in favor)
2. Ann Bodlovick SeniQr Housing & Vi Russell Certificate of Appreciation
Mayor Abrahamson s~ated today was the grand opening of the Ann Bodlovick
Senior Housing a.nd~councilmember Bodlovick had the honor of cutting tile
ribbon for the Hig rise. City officials also attended the Senior
Citizen's Center w.ere Vi Russell, Executive Director of Community
Vo 1 unteer Servi ces iwas honored.
Motion by Councilmembe~ Funke, seconded by Councilmember Bodlovick to present
a Certificate of Apprecliation to Vi Russell for her many years of service to
Community Volunteer Sei1vices in the St. Croix Valley. (All in favor).
(Councilmember Opheim arrived at 4:50 P.M.)
- i
ADJOURNMENT !
Motion by Councilmembe~ Bodlovick, seconded by Councilmember Funke
the meeting at 4:51 P.M. to Executive Session. (All in favor.)
to adj ou rn
MAYOR
ATTEST:
CITY CLERK
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REGULAR MEETING
STILLWATER CITY COUNCIL
MINUTES
November 19, 1991
7:00 P.M.
The Meeting was called to order by Mayor Abrahamson.
Present:
Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor
Abrahamson.
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Consulting Engineer Moore
Comm. Dev. Director Russell
Public Safety Director Mawhorter
Fi re Chi ef Seim
Library Director Bertalmio
City Clerk Johnson
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Mark Herwig, St. Croix Valley Press
Others:
Scott Zahren, Mr. & Mrs. Jack Dielentheis, Leonard Feeley,
G.P. Kaske, Karl Ranum.
APPROVAL OF MINUTES -
Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve
the minutes of tne Special Meeting of October 29, 1991 and Regular & Recessed
Meetings of November 5, 1991. (All in favor).
INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Scott Zahren - Discussion of Liquor License Transfer for Grand Garage.
Mr. Zahren was present to get preliminary approval from Council for a
transfer of a liquor license at the Grand Garage, with the inclusion of
the portion previously occupied by Mickey's Creamery. Mr. Zahren would
conti nue to operate Trump' s in the River Exchange Bui 1 di ng across the
street in addition to the new facility. City Attorney Magnuson stated one
license could cover both areas of the Grand Garage license and Mr. Zahren
would have to work out the lease with tne landlord. The public hearing and
final approval would be held before the City Council with input from the
Police Dept. Council also stated Mr. Zahren would have to be reviewed by
the Building and Fire Departments to make sure codes are followed and it
was requested that no music be piped to the outside. Mr. Zahren concurred
with these recommendations.
STAFF REPORTS
1. Police Chief -
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Stillwater City Council Minutes
November 19, 1991
Regular Meeting
Executive Session i
Chief Mawhorter requested an Executive Session with the Council at the
close of tonightls Imeeting and they concurred.
Purchase of two Computers for the Police Dept.
Motion by Councilmember Funke, seconded by Councilmember Opheim to approve the
purchase of two comput~rs for the Police Dept. in the amount of $3,550. (All
in favor). '
2. Fire Chief - No Report.
3. Community Developm~nt Director -
Placement of Trail~r on Oak Glen Property by North Star Homes
Tom McManus, repre~entlng North Star Homes, requested Council approval for
the placement of a Imobile home on the property at Oak Glen where tney plan
to construct homes~ This request is for 75 days, starting the day they
start construction land they will post a bond to assure removal of tne
trailer; also land~caping will be provided. The trailer will be connected
to sewer and water ilines.
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Motion by Councilmember Funke, seconded by Councilmember Bodlovick to approve
the placement of a mobi!le home on the Oak Glen property by North Star Homes
for 75 days during the construction of homes. (All in favor). e
PUBLIC HEARINGS
1. This is the day an~ time for the 1992 "Truth in Taxation" Public Hearing
and proposed 1992 udget.
Notice of the earing was published in the The Courier on November 14,
1991.
I
City Coordinator K~iesel presented a summary of City finances including
the following: cofarison of Net Tax Levy, with a 5.3% decrease from the
1991 Net Tax Levy; explanation of the 1992 Debt Service Levy; the
comparison of tne ity Tax on various residences; comparison of City
expenditures with review of the City budget process wherein after cuts
to the budget, tnere is a surplus of $15,202. Mr. Kriesel also explained
the effect the loss of state aids has on the City. Next summari zed \'ias
the Capital Outlay ~udget with a total of $425,552.
I
Mr. G. P. Kaske, 8~14 So. Greeley St., questioned the increase under
Miscellaneous Expenditures and Mr. Kriesel explained this as a new
accounting procedu ,e for the City lumping together certain items which
were listed under qifferent areas previously.
Mr. W. Heinke, qUes!tioned where the $60,847 in the Parking Fund comes from.
It was explained thlese funds come from tickets issued for illegal parking.
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November 19, 1991
Regular Meeting
Mr. Kaske questioned the costs for Mayor and Council under General Fund
and it was explained that this is possibly an increase of health insurance
and/or PERA and FICA costs. Mr. Kaske also commented it is getting harder
for tlle elderly to pay increases because they are living on a fixed
income .
Jack Dielentheis, 1505 No. First St., commented that he had attended the
County meeting and compared this with the City meeting. He statea he
appreciated the fact that the City intends to reduce expenditures. He is
also dismayed at tne unethical tactics the County and Watershed District
use to continue spending.
Mayor Abrahamson stated that a letter had been received from an
individual (Arnold Jirik, 1940 So. Greeley St.) regarding 32 questions
regarding the "Truth in Taxation" meeting. Mayor Abrahamson stated most
of these questions were answered "at the meeting. Mr. Jirik had been
offered the opportuni ty to meet wi th the Counci 1 at 4: 30 thi s afternoon to
discuss some utility bill problems, but declined.
Moti on by Council member Bodl ovi ck, seconded by Council member Funke to close
the public hearing. (All in favor).
Adopting Final Budget for 1992
Moti on by Council member Farrell, seconded by Counci 1 member Funke to adopt
the appropriate resolution adopting the final budget for 1992. (Resolution
No. 91-225)
Ayes - Council members Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
Adopting Final Tax Levy for 1992
Moti on by Council member Bodl ovi ck, seconded by Council member Farrell to adopt
the appropriate resolution adopting the final tax levy for the year 1992.
(Resolution No. 91-226)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
Adopting 1992 Capital Outlay Budget
Motion by Councilmember Farrell, seconded by Councilmember Opheim to adopt
the appropriate resolution adopting the 1992 Capital Outlay Budget.
(Resolution No. 91-227)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
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Stillwater City Council Minutes
November 19, 1991
Regular Meeting
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Council recessed fpr fifteen minutes and reconvened at 8:22 P.M.
!
UNFINISHED BUSINESS .
1. Report on Financin' Alternatives for 7.5 Acre Site in the Industrial Park.
Councl 1 scussed tile memo recelVed from Fl nance Dlrector De on \t/herel n
it was stated that~ at this time, all TIF funds have been pledged to other
projects and sellihg capital outlay bonds for this purchase would place an
additional burden on the general tax levy for the citizens of Stillwater.
Motion by Councilmembe~ Bodlovick, seconded by Councilmember Farrell to
decline the offer to p~rchase additional property next to the armory site.
(All in favor). I
2. Downtown Util ity C! nnecti on Assi stance & Facade Improvement Program.
Motion y Councl mem er FunKe, seconde by Councllmember Bo OV1C to approve
assistance for private costs of util ity connections and facade improvements
with tne implementation of an application program in the Downtown construction
area after the project is completed. (All in favor).
3. Possible Second Refding of Amendment to Floodplain Regulation of Zoning
Ordinance ZAT/91-2f
Motion by Councilmembet Farrell, seconded by Councilmember Funke to have a e
second reading, by title, and enactment of an Ordinance amending the
Floodplain Regulations of the Zoning Ordinance, ZAT/91-2. (Ordinance No. 747)
Ayes - Councilmembers $OdlOViCk, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None I
4. Discussion of Jani orial Services for City Hall.
Motion y Councllmembet Fun e, secon e by Councl member Opheim to adopt
the appropriate resolution approving the sharing of janitorial services and
entering into an agreej'ent for same with the Library Board of Trustees.
Resolution No. 91-229)
Ayes - Councilmembers ~OdlOViCk, Farrell, Funke, Opheim and Mayor Abrahan~on.
Nays - None I
NEW BUSINESS
1. Discusslon of Draima e Problems at 1114 No. Owens Street.
Mr. Moore exp alne that e ha revlewe tile sltuatlon on the Dorendorf
property at the ab~ve address and found that when the townhouses were
built behind Mr. D~rendorfls property, a driveway was placed abutting Mr.
Dorendorf1s backya~d, which has since been modified and drains into Mr.
Dorendorf's property. Council and Staff discussed the issue further and
,
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November 19, 1991
Regular Meeting
determined this is a civil matter between Mr. Dorendorf and the
neighboring property owner.
Motion by Council member Funke, seconded by Council member Farrell directing the
City Attorney to notify the two parties involved in the drainage problems at
1114 No. Owens Street that tnis issue is a private matter. (All in favor).
2. Discussion of Separate Metering of Storm Water for Shorty's Cleaners.
Moti on by Council member Bodl ovi ck, seconded by COUllCll meriDer Funke to approve
separate metering of storm water for Shorty I s Cleaners on Chestnut & Second
Streets. (All in favor).
3. Resolution Designating McGladry and Pullan as Auditors for the 1991 Audit.
Motion by Council member Opneim, seconded by Council member Farrell to adopt
the appropriate resolution designating McGladrey & Pullan as Auditors for the
1991 Audit, with the fee not to exceed $19,250 for the City and $5,000 for the
Water Board. (Resolution No. 91-228)
Ayes - Councilmembers Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
Council discussion included the rising fees for various services and that
perhaps the City should look further for a more moderate fee.
4. Application for Payment No.1, L.r. 257 & 259, No. Main St. & Lowell
Inn/Rivertown Commons Parking Lots.
Moti on by Council member Bodl ovi ck, seconded by Council member Farrell to
approve the Application for Payment No.1 to Tower Asphalt, Inc. in the amount
of $41,371.72, and amended with the $.14 correction, for L.I 257 and 259, No.
Main St. & Lowell Inn/Rivertown Commons Parking Lots. (All in favor).
CONSENT AGENDA
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the Consent Agenda of November 19, 1991, including the following: (All in
favor)
1. Directing Payment of Bills (Resolution No. 91-224)
Ayes - Council members Bodlovick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None
2.
The following Contractor's Licenses and various Liquor Licenses:
Contractor's Llcenses
General Contractor
Carpentry Pl us
970 Daily Rd.
Hudson, Wi 54016
Renewal
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Stillwater City Council Minutes
November 19, 1991 e
Regular Meeting
J & D Builders General Contractor New
2355 Greenbrier Cirle
St. Paul, Mn. 55117
M & M Construction Genera 1 Contractor Renev/a 1
210 Sunrise Dr.
Somerset, Wi 54025
R.C.Witt Construction Genera 1 Contractor New
1194 Carl ton Dr.
St. Paul, Mn. 55112
On-Sale Liquor Licenses
Freight House, Inc. Rene,;/a 1
305 So. Water St.
Mad Capper Saloon, Inc Renewal
224 So. Main St.
J. W. Harbor Bar Renewal
517 No. Owens St.
Meister's Bar & Grill Renewal e
902 So. Fourth St.
Vittori 0' s Renewal
P.O. Box 437
Sunday On-Sale Liquor Licenses
Freight House, Inc. Renewal
305 So. Water St.
Mad Capper Saloon, Inc Renev/a 1
224 So. Mai n St.
J. W. Harbor Bar Renewal
517 No. Owens St.
Sti 11 water El ks Renewal
279 E. Myrtle St.
Vittorio's Renewal
P.O. Box 437
Off-Sale Liquor Licenses
R & R Liquors Renewal
1971 So. Greeley St.
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Stillwater City Council Minutes
e November 19, 1991
Regular Meeting
Kinsel's Inc. Renewal
119 E. Cnestnut St.
South Hill Liquor Store Renewal
117 W. Churchill St.
John's Bar Renev/a 1
302 So. Main St.
Vittorio's Renewal
P.O. Box 437
Cl ub Licenses
Stillwater Elks Club Renewal
279 E. Myrtle St.
Stillwater Country Club Renewal
1421 No. Fourth St.
Stillwater K.C. Hall, Inc. Renewal
1910 So. Greeley St.
American Legion Post #48 Renewal
e 103 So. Third St.
Wine Licenses
The Rivertown Inn Renewal
Charles & Judith Dougherty
306 W. Olive St.
Silver Lake Restaurant Renewal
Kenny Mi ng Kor
241 So. Main St.
On-Sale Beer Licenses
Pizza Plus Ribs Renewal
1975 So. Greeley St.
Silver Lake Restaurant Renewal
241 So. Main St.
Off-Sale Beer Licenses
Food-n-Fuel Renewal
1101 No. Owens St.
Brook's Food Market #26 Renewal
2289 Croixwood Blvd.
Tom Thumb Store #219 Renewal
2601 Orleans St. W.
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Stillwater City Council Minutes
November 19, 1991
Regular Meeting
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Tom Thumb Store #283
1905 So. Greeley St.
Cub Foods
2001 Washington Ave.
Renewal
Renewal
Hooley's Supermarket
405 E. MYrtle St.
Stillwater Country Club
1421 No. Fourth St.
Stillwater Lodge #179 B.P.O. Elks
279 E. MYrtle St.
RenevJa 1
Cigarette Licenses
RenevJa 1
Renewa 1
The Freight House, Inc
302 So. Water St.
Renewa 1
Erickson Post, Inc.
2500 Orleans St. W.
Renewal
Food-n-Fuel
1101 No. Owens St.
Renewal
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Madcapper Saloon, Inc.
224 So. Main St.
Renewal
Hooley's Supermarket
405 E. Myrtle St.
RenevJa 1
J. W. Harbor Bar
517 So. Ownes St.
Renewal
R. & R. L i quo r
1971 So. Greeley St.
Renewal
Brooks Food Market #26
2289 Croixwood Blvd.
Renewal
Cub Foods
2001 Washington Ave.
Renewal
Kin se 11 s, I nc .
119 E. Chestnut St.
Renewal
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November 19, 1991
Regular Meeting
Tom Thumb Store #283
1905 So. Greeley St.
Tom Thumb Store #219
2601 Orleans St. W.
Renewal
Renewal
American Legion Post #48
241 So. Main St.
Renewal
South Hill Liquor Store
117 W. Churchill St.
Renewal
John's Bar
302 So. Main St.
Renewal
Meister's Bar & Grill
902 So. Fourth St.
Renewal
St. Croix Drug
132 So. Main St.
Renewal
Vittorio's
P.O. Box 437
Renewal
3. Submission of following claims:
a. Sewer back-up at 2647 Hawthorne Lane
b. Flooded basement at 216 W. Wilkin St.
c. Damage to car in Municipal Parking Lot on 2nd & Olive Street.
Set Public Hearing date of Dec. 3, 1991 for the following Planning Cases:
a. Case No. Sup/91-55 - Special Use Permit to maintain a cougar
(undomesticated animal) on a residential property within the City of
Stillwater, located at 1251 W. Orleans St. in the RA, Single-Family
Residential Dist., Richard Sowers, Applicant.
b. Case No. V/91-51 - Variance to the sideyard setback requirements for
construction of a garage on a corner lot (30 ft. required, 17 ft.
requested) & to the size requirements for an accessory structure (1,000
ft. required, 1,008 ft. proposed) at 317 No. Owens St. in the RB,
Two-Family Residential Dist., Donald Hill, Applicant.
c. Case No. V/91-50; V/91-53 - A continuation of two Variances for the
placement of a pylon sign & a free-standing sign at 110 So. Greeley
St., located in the RB, Two-Family Residential Dist., Melissa Johnson &
Heidi Rosebud, Applicants.
d. Case No. SUB/91-57 - Minor Subdivision, 10 ft. by 135 ft. of Lot 13,
Block 11, to Lot 14, Block 11 of Churchill, Nelson & Slaughter's Add.
4.
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Stillwater City Council Minutes
November 19, 1991
Regular Meeting
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located at 1020So.Fifth St. in the RB, Two-Family Residential Dist.,
Dennis & Marge Galowitz, Applicants.
e. Case No. PUD/91-58 - Planned Unit Development for the construction of
two duplex units (four single-family units with zero sideyard setbacks)
located at 310 No~ Second St. in the RB, Two-Family Residential Dist.,
Downtown Plan anea, BARK Properties, Applicant.
f. Case No. SUB/91~60 - Resubdivision of three lots of 25,984 sq. ft. into
four residential lots of 5,835, 5,232, 4,799, 4,799 and common area of
5,319 sq. ft. a~ 310 No. Second St. in the Duplex Residential Dist.,
BARK Properties,! Applicant.
g. Case No. SUP/V/91-59 - Special Use Permit & Variance for the
construction ofa multi -purpose addition to St. Mary's Church with a
street sideyard setback of 21 ft. (30 ft. required) located at 407 So.
Fifth St. in the RB, Two-Family Residential Dist., Richard N. Olsen &
Richard L. Huel~mann, Applicants.
1
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COUNCIL REQUEST ITEMS I
Cable T.V. Public Hearing on November 20, 1991
Councilmember Bod19vick reported ttlat a public hearing will be held at the
Oak Park Heights Ciity Hall on November 20, 1991 on transfer of control of
King Video Cable CO.
Change Name of 61st Street to Shelton Drive ~
Motion by CouncilmenIDer Funke, seconded by Councilmember Farrell to adopt
the appropriate resolution renaming 61st St. Shelton Dr., from Greeley St.
easterly approximately 12,100 ft. to it terminus at the corporate limits of the
City of Stillwater, in Ihonor of Jack Shelton, former Public Works Director for
the City. (Resolution No. 91-230)
Ayes - Coun~ilmember BJdlOVick, Farrell, Funke, Opheim and Mayor Abrahamson.
Nays - None I
STAFF REPORTS (Conti nus I'd)
City Clerk 1
1992 Board of Revi~
Council concurred 1~th the dates set by the Washington Co. Assessor's
Office -- Wed., Ap~il 15 and Tues., May 5, for the 1992 Board of Review
for the City of Stilllwater.
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Ratification of Co~ncil Poll on Nov. 15, 1991
Motion by Councilmembe~ Bodlovick, seconded by Councilmember Opheim to ratify
the Council poll of Novl. 15, 1991, setting a Special Meeting at 4:30 P.M. for
November 19, 1991, to ~iscuss a utility bill problem for Arnold Jirik. (All
in favor).
Parks Dept.
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Regular Meeting
Purchase of Capital Outlay Items
Motion by Councilmember Bodlovick, seconded by Councilmember Funke to approve
the purchase of various Capital Outlay items for the Parks Dept. (All in
favor ).
Ci ty Attorney
Appeals to Special Assessments for Downtown Project
Moti on by Counci lmember Bodl ovi ck, seconded by Counci 1 member Funke to di rect
the City Attorney to take care of the appeals to the District Court regarding
. special assessments for the DO\'/l1town project from The New Stillwater Project,
Dock Cafe Corp. and Maple Island, Inc. (All in favor).
COMMUNICATIONS/REQUESTS
1. John Clawson, Chisago Co. Historical Society - Regarding proposed St.
Croix Valley Heritage Center.
Council took note of this communication.
Rep. Gerry Sikorski - Regarding Federal Funding for the Levee Wall.
Council noted the letter from Sen. Sikorski to Col. Richard W. Craig, U.S.
Army Corps of Engineers, regarding the request for these funds.
Timothy Olson, Adjuster for GAB regarding Claim from Stella Casanova
Counci 1 noted the correspondence regardi ng settl ement of tin s cl aim.
Walter D. Flesner, First United Methodist Cnurch
Council noted the celebration announced in honor of the completion of the
church building project.
STAFF REPORTS (continued)
Consulting Engineer
Update on Downtown Project
Mr. Moore explained that Johnson Brothers Construction has requested an
extension of time on the project from Nov. 15, 1991 to July 31, 1992 for
substantial completion and from Nov. 30, 1991 to August 15, 1992 for final
completion and also suspension of work for the winter. Council stated
they would respond to these requests at a Special Meeting set for November
26, 1991, in City Hall, at 4:30 P.M. Mr. Moore went on to explain the
substantiation for Johnson Brothers Corp. requests. He added that Council
shoul<1 stipulate items that the contractor should get ready for winter and
added that they also have to maintain the project. They will keep on \'/itil
lighting and wall work.
Summary of Change Orders & Supplemental Agreements
Motion by Councilmember Opneim, seconded by Councilmember Funke to approve
Supplemental Agreement No.2, adding pavers, in the amount of $120,487.50.
(All in favor).
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Stillwater City Council Minutes
November 19, 1991
Regular Meeting
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Motion by Councilmember Funke, seconded by Councilmember Farrell to approve
Supplemental Agreement No. 4, Catch Basin on Elm St., in the amount of
$4,147.46. (All in favor).
Motion by councilmember Funke, seconded by Councilmember Farrell to approve
Supplemental Agreementl No.5, electrical connection on Mulberry St., in the
amount of $1,583.76. ( All in favor).
Motion by councilmembe~ Bodlovick, seconded by Councilmember Farrell to
approve Supplemental Agreement No.6, Sewer Lining on Third, Ol ive & Nelson
Streets, in the amountlof $222,896.90. (All in favor).
Motion by Council member Opheim, seconded by Council member Funke to approve
Change Order No.3, adijing 23 Storm Stubs, in the amount of $13,800.00. (All
in favor). I
I
Motion by Councilmembe~ Funke, seconded by Councilmember Bodlovick to approve
Change Order No.4, adtling 34 Fire Service Stubs, in the amount of $51,400.00.
(All in favor). I
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Motion by councilmember Farrell, seconded by Councilmember Bodlovick, to
approve Change Order Ng. 8, verifying lighting count per Staff wattage change, ~
in the amount of $3,50, .00. (All in favor). ,.,
i
Motion by Councilmernbe~ Opheim, seconded by Council member Funke to approve
Cllange Order No. 10, d~leting Third, Olive & Nelson Street repair & sanitary
sewer reconstruct, in fhe amount of $131,836.00. (All in favor).
City Attorney Magn~son will draft a one-page legal brief on the wnole
issue of changed c~nditions in the contract which will be distributed at
the Thursday Construction Meeting.
ADJOURNMENT I
Motion by Councilmernbe~ Farrell, seconded by Councilmember Funke to adjourn
the meeting to Executive Session at 9:28 P.M. (All in favor).
MAYOR
ATTEST:
C!TY CLERK
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Regular Meeting
Resolutions:
No. 91-224 - Directing Payment of Bills.
No. 91-225 - Adopting Final Budget for 1992.
No. 91-226 - Adopting Final Tax Levy for 1992.
No. 91-227 - Adopting 1992 Capital Outlay Budget.
No. 91-228 - Approving McGladry & Pullan for 1991 Audit.
No. 91-229 - Approve Sharing of Janitorial Services with Library.
No. 91-230 - Renaming 61st St. to Shelton Dr.
13
PLANNING APPLICATION REVIEW
~ CASE NO. SUP/91-55
Planning Commission Meeting: November 18, 1991
Project Location: 1251 West Orleans Street
Comprehensive Plan District: Single Family Residential
Applicant's Name: Richard Sowers
Zoning District: R-A
Type of Application: Special Use Permit
Project Description:
Special Use Permit to maintain a cougar (undomesticated animal) on a
residential property within the City of Stillwater.
~
Background:
On August 6, 1991, the Stillwater City Council passed an Ordinance requlrlng
that persons obtain a Special Use Permit to maintain wild animals within the
City of Sti 11 water. The purpose of thi s Ordi nance was to protect the health,
safety and welfare of the citizens of Stillwater from undomesticated animals.
By requiring the Special Use Permit process, each wild animal request can be
reviewed on a case basis. A review can then be made on each specific animal,
if it posses a danger or nuisance to the community or if it is well cared for.
Findings then can be made if the animal can live in harmony within the urban
environment. The Ordinance, as attached, contains submission requirements that
are used for review of wild animal cases. (Attachment A).
DISCUSSION:
This request is to maintain a cougar on a residential property at 1251 W.
Orleans Street. This cougar, known as Ziggy, is a two year old male and weighs
over one hundred pounds. The site on which the cougar resides is a large
residential lot approximately one acre in size. The location of the
confinement space for the cat is setback approximately one hundred feet from
the street lot line and twenty feet from the side property line. Trees and
brush buffer the site to the east and north.
The present confinement space for the cougar is small. A tarp is used as a
roof for the area. The cage area is made of metal fencing with a swing gate.
Mr. So\'/ers plans to build a ne\'1 confinement space which is later described in
this report.
The issue of noise has been a problem at this location for the past two years
according to police reports. These issues are outlined and appear to be the
area of greatest concern. There have been no confirmed reports of the animal
injuring a person or any acts relating to the health and safety of the public.
Many residents and non-residents of Stillwater support the cougars residence
in the City of Stillwater believe that its well cared for. A petition with
over 400 signatures (residents and non-residents) was submitted to the City in
e support of tne cougar. On the otrler hand, some neighbors feel threatened by
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the cougar with its yelling and screaming. Some residents have been frightened
to see Ziggy in the City parks.
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This Special Use Permit request reviews the cougar housed on the property at
1251 West Orleans Street. It deals with the safety of the public from a wild
animal and the ways in which the cougar can live in harmony with the
neighborhood. This permit also considers the cougar in public areas of tIle
City. The City Council must ul ti rnately decide whether the cougar is a
potential hazard to the public. This issue is dealt with in the conditions of
approval.
OVERVIEW OF THE COUGAR:
The next section outlines reviews issue areas stated in the Wild Animal
Ordinance and general ifsues relating to zoning and Special Use Permits to the
cougar, including confipement, insurance, and impacts to the neighborhood:
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FEDERAL AND STATE PERMITS:
The only permit requi red for a cougar is from the game farm where it was
purchased. This game farm is licensed with the DNR (Attachment ). There
are no other public health agencies or state agencies which issue permits
or inspect wild animals. However, a program of veterinary care must be
established under the u.S. Department of Agriculture (Attachment D).
BILL OF SALE:
The game farm registration is also the Bill of Sale (Attachment B).
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EXISTING CONFINEMENTlsPACE AND WASTE:
The twenty foot by e~even foot confinement area is shown on the site plan e
along with the 10cat1on of the new confinement space (Attachment C). This
new space wi 11 be a ~wenty one foot by si xteen foot structure witrl a si x
foot, ten inch cage ~. ei ght with a roof. An ei ght foot hi gh peri meter fence
will then surround t e area three feet from the cage structure. There will
also be scattered do rs in the perimeter fence to the structure for
additional security ~f the animal. The floor of the pen will be cement
which can be cleaned easily. The applicant has stated he removes all fecal
waste from the site. Mr. Sowers plans to start construction within the next
montil.
QUALIFIED VETERINARI
Ziggy has een taken care 0 by Dr. Matthew Sturmer, Parkview Cat Clinic,
of Mendota Heights (~ttachment D). According to the file, all vaccinations
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are up-to-date. !
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PROOF OF INSURANCE: I
Hlere has been a $lJOO,ooo general liability policy issued by the Lester
Kalmanson Agency, In~. of Maitland, Florida. The confirmation of insurance
has been submitted t~ the City of Stillwater (Attachment E). We are in the
process of receiving1the full conditions of the policies.
NUISANCE COMPLAINTS: I
From March 18, 1990 to August 6, 1991, sixteen incidents were reported at
their residence at 1~51 W. Orleans involving the cougar (Attachment F).
Thirteen of these were noise related nuisances. Five tickets were issued. ~
One incident invOlver a possible injury which was not confirmed. ~
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PROPERTY OWNER PERMISSION:
As of this review, the property o'lmers of 1251 W. Orleans have not
submitted written permission to allow ttlis use to occur on the property.
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3
Planning Application Review
I
Case No. SUP/91-55 !
Page Three
CONDITIONS OF APPROVAL!
1. The cougar shalf remain inside its confinement space at all times when
not supervi sed. ! Outs i de the confi nement space, on the property, the
cougar shall belon a leash and have supervised control by an adult.
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2. The cougar sha11 not be allowed to walk the streets of Stillwater, or
be allowed in City parks or on City property, without prior approval
from the City C~uncil or authorized representative.
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3. A detailed stru4tural plan of the new confinement space shall be
submitted to th~ Community Development Director for approval before
construction begins. The owner shall submit a completion date for
construction of the confinement space. Trle date shall be no later than
May 15, 1992.
4. The confinement space shall be locked at all times.
5. Mr. Sowers shall submit a yearly medical care report and vaccination
record to the City Planner.
6. No other cougar wild or undomesticated animal, shall be allowed on the
p remi ses .
7. The Special Use Permit shall be reviewed by the City Council on an
annual basis.
8.
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Written permissilon by the property owner shall be submitted to tne City
before City Cou1cil review of this request.
This Special UsJ Permit is non-transferable to any other tenant of the
p remi ses .
Any ticket iSSU~ld for animal nuisance, according to Chapter '27, Subd.
6, of the Still ater City Code, or other public safety matters relating
to the cougar s all be reviewed by the City Council for possible
Special Use Per~it revocation.
The City Planni~g Staff shall make announced periodic inspections to
determine if th~se conditions are being met.
!
The cougar insu~ance pol icy terms and specificati ons shall be revi ewed
before Council review of this permit.
9.
10.
11.
12.
RECOMMENDATION: Approval as conditioned.
FINDINGS: j
This proposed use of a iwild animal on residential property will not be
injurious to the neighblorhood or otherwise detrimental to public welfare if
~U. condi ti ons of thi s !approva 1 are met.
ATTACHMENTS: A-E.
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PLANNING COMMISSION ACTIION: Approval with conditions.
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CAS E N U t1 B E R
Coso Numbo..,r!f"5'j.:"\~'::
Fee Paid _2tl-:!---------
Da~e Filed ___l~A.L---
PLANNING ADJ\AINISTRATIVE FOR1Vl
Street Location of Property: __!_;ZXL_____QG,c:l.t2c:d.~$L...:F.tf&~../1A/"
Legal Description of PropartYI ----------------------------------------
Owner: Name ___t!f:.~~cL~L_::.-~r;:?-e.:.L-----------------------
Address !?.!2_tJ..L@l:.~~26!f.~~ Phone: .;.!.?:.__f.Zf=L'~L~Z_
.s- .s-o R ;J...
Applicant (if other than OW[ler): Name ---------------------------------
Address______________________________ Phone:_______________
Type of Requestl"
___ y.ezoning ___ Approval of Preliminary Plat
_JL Spacial Use Permit ___ Approval of final Plat
___ Variance . .:.__ Other ~_______________"___
Description of Request. __.Eic_f2t:.!..~~-:-..i_';;z,~i~~-#.P,;/L,;.r--~
--~-~---CJ:.-~{;~>,,=~..&h--C=-~~Zf1h"'-~----
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. . ------------------------------------------------------------------
Signature of Applicant: c~-~~
Date of Public Hearing: _____________________________________________
NOTE: Sketch of proposed property and structure to be dra-..yn.on back of this form or at-
tached, showing the following:
~ 1. North direction.
2. Location of proposed structure on lot.
3. Dimensions of front and side set-backs.
I 4. Dimensions of proposed structure.
\ 5. Street names.
\ 6. Locati~n or adjacent existing buildings.
. 7. Other information as may be requested.
L
Approved ___ Denied ___ by tho 'PI~nning Commission on ___________ (du~e)
,. .... tL f 11' d't' .
suo lee. .0 ne .0 owmg con 1 Ions: ____________________________________
----------------------~-------------------------------------------
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Approved ___ Denied ___ by the Council on ________________ subiect to the
~ II . d.... \
iO oWing con 1110ns: __________:.._____________________________________
------------------------------------------------------------------
.
Commen~s: (U~e other side).
\7._" -
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I . ATTACHMENT' B
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ATTACHMENT A
ORDINANCE NO. 746
AN ORDINANCE AMENDING THE
STILLWATER CITY CODE BY ADDING A
NEW CHAPTER 27.01, SUBDIVISION 15
SUBPARAGRAPHS 1 AND 2
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amending. The City Code of the City of Stillwater is
hereby amended by adding the following sections that shall
hereafter read as follows:
"Chapter 27.01, Subd. 15, Subsection 1. Wild Animals:
Special Use Permit Required. No person shall harbor, maintain or
control a wild, dangerous or undomesticated animal within the
City of Stillwater without first having been granted a Special
Use Permit by the City Council.
Subparagraph 2. A wild, dangerous or undomesticated animal
shall be that which is not of a species customarily used as an
ordinary house pet, but one which would ordinarily be confined to
a zoo, or one which would ordinarily be found in the wilderness
of this or any other country, or one which otherwise causes a
reasonable person to be fearful of bodily harm or property
damage. Fish and birds are not included in this definition."
Subparagraph 3. The application shall be made on a form
provided by the City Clerk and shall be administered in the same
manner and according to the procedure that applies to all other
Special Use Permits provided for in the Stillwater City Code.
Subparagraph 4. In addition to the submittal requirements
required for Zoning Special Use Permits, the application must
contain or be accompanied by the following information:
A. Copies of all Federal and State permits that are
required by law.
B. A copy of the Bill of Sale or Receipt for the
purchase of the animal.
C. A statement of the amount of money or other
consideration paid by the applicant for ownership of the
animal.
D. A complete and detailed description and diagram of
the confinment space proposed for the animal.
E. Written proof that a qualified veterinarian has
committed to the owner to provide care to the animal and to
advise the owner regarding its care.
F. Proof of insurance together with an underwriting
memorandum stating knowledge of the exposure that will ~
protect the p~blic against bodily injury or death caused by
the animal prQviding for limits of $1,000,000 per person,
per occurrence and for notice to the City within 30 days of
its cancellation or renewal.
Subparagraph 5. In addition to the standards contained in
the Zoning Ordinan~e for .the grant or denial of a Special Use
Permit, a permit m~y be denied for failure to satisfy any
submittal requiremtnt set forth above, for failure to provide a
safe and sanitary fonfinement space for the animal; or if it is
likely that the antmal will bark, howl or cry in a manner that
will disturb the n~ighbors.
Subparagraph 6. The Permit, if granted, shall not permit
the breeding of th~ animal.
Subparagraph 7. The Permit may be revoked by the City
Council after a he~ring preceeded by 10 days notice, if the
animal becomes a npisance or a danger to any person, if any
condition of approval of the Permit is violated, if any other law
or lawful rule is yiolated or if the health, safety and welfare
of the public is t~reatened.
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And, a new Supd. 18 is added that shall read as follows:
"Subd. 18. Ih addition to the other remedies and penalties e
provided in the or8inance, city officials, after approval of the
City Council, are ~uthorized to file appropriate civil actions
for a temporary re~training order, temporary injunction or
permanent injuncti~n against any person violating this
Ordinance. " I
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2. Saving. I~ all other ways the Stillwater City Code shall
remain in full for~e and effect.
3. Effective Date. This Ordinance shall be in full force
and effect from add after its passage and publication according
to law. I
Adopted by the City Council the 6th day of August
1991.
wa!i~a~
ATTEST:
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Publish: October 10, 1991
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F. Proof of insurance together with an underwriting
memorandum stating knowledge of the exposure that will
protect the public against bodily injury or death caused by
the animal providing for limits of $1,000,000 per person,
per occurrence and for notice to the City within 30 days of
its cancellation or renewal.
Subparagraph 5. In addition to the standards contained in
the Zoning Ordinance for .the grant or denial of a Special Use
Permit, a permit may be denied for failure to satisfy any
submittal requirement set forth above, for failure to provide a
safe and sanitary confinement space for the animal; or if it is
likely that the animal will bark, howl or cry in a manner that
will disturb the neighbors.
Subparagraph 6. The Permit, if granted, shall not permit
the breeding of the animal.
Subparagraph 7. The Permit may be revoked by the City
Council after a hearing preceeded by 10 days notice, if the
animal becomes a nuisance or a danger to any person, if any
condition of approval of the Permit is violated, if any other law
or lawful rule is violated or if the health, safety and welfare
of the public is threatened.
And, a new Subd. 18 is added that shall read as follows:
"Subd. 18. In addition to the other remedies and penalties
provided in the ordinance, city officials, after approval of the
City Council, are authorized to file appropriate civil actions
for a temporary restraining order, temporary injunction or
permanent injunction against any person violating this
Ordinance. II
2. Saving. In all other ways the Stillwater City Code shall
remain in full force and effect.
3. Effective Date. This Ordinance shall be in full force
and effect from and after its passage and publication according
to la\'1.
Adopted by the City Council the 6th day of August
1991 .
wa~~a~
ATTEST:
l!::~;Ju ~
Publish: October 10, 1991
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ATTACHr~ENT D
G>>':2>' United States
it ~ Department of .
~ Agriculture
e' .
Animal and
Plant Health
Inspection
Service
Hegulatory
Enforcement
and Animal
Care
North Gentral St."Ctor
Butler Squaw. ROllm 625 .
100 N. 61h Slrcet
Minlll::ilpuhs. MN' ~5"OJ' I ~llln
PROGRAM OF VETERINARY CARE
A PROGRAM OF VETERINARY' CARE (PVC) HAS BEEN ESTABLISHED BETWEEN:
~'\~~ ~. ~G~e.-~
icenseejRegistrant Name
. (\~~(j~)
Business Name .
~n) S~\N'\e-~ (IJVNf
q,J1V~ ~) 0-a:\- ill~'Q.'e }
C1 inlC I'd )' ~y
State llcense Number
~ "b ~ -S~l'eY ~.ero, \{(Q U .
Bus ness Address L
mtl{t~o~ \-Q.~~~S \\\<1- 'S-S-L\t)
y. . tateJ Zip Code
((a,L~ )55d-- 0 8l\:~ .
Phone Number (Business) .
USDA License/Registration Number
\~~ ~ I. O~~\l\ <; ~~.
Mailing Address
<1~ ~. ~<6d-
.cl y I. State lP Code,
(Col~~ ~~-l()""
Phone umber orne)
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Phone Num er. usiness)
******************************************************************************
The Animal Welfare Regulations, Title 9. Subchapter A, Part II. Subpart C,
Section 2.33, Subpart D. Section 2.40 and Part III, Subpart F. Section 3.110
require a Program of Veterinary Care (see Pages 5 and 6).
The attending veterinarian shall establish, maintain and supervise programs
of disease control and prevention, pest and parasite control. pre-procedural and
post-procedural care, nutrition, euthanasia and adequate veterinary care for all
animals on the premises of the licensee/registrant. A written program of adequat
veterinary care between the licensee/registrant and the doctor of veterinary medi
cine shall be established and reviewed on an annual basis. By law, such programs
must include regularly scheduled visits to the premises by the veterinarian.
Scheduled visits are required to monitor animal health and husbandry.
Pages or blocks which do not apply to the facility should be marked NjA. If
space provided is not adequate for a specific topic. additional sheets may be
added. The completed form is to be sent to the Sector Office. The veterinarian
and licensee/registrant should retain a copy for their files.
I have read and completed this Program of Veterinary Care, and understand
my responsibilities. .
Regularly schedu~ visits by the veterinarian will occur at the following
frequency: \)l~~~ (minimum annua .
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~~~~~) ~
19na ure 0 censee egls rant Date
~ APHIS P'nll...."''l A,np'f1( an AYIOC\llIuJI'
USDA APPROVED BY:
'A..1b"" ';"q-)
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CONrXRMATIDN or INSURANCE ~. e
~*~***********-******~****
AGE::NCY = L.E~)TEF.: I<AL,M?-'ll\lSON I-'lGENCY I NC. '2- ~ 456 ?
P.O. BOX ':J4(l(l()(3 ~ a ..9
;;t8~~ S. MA I 1.U~l\JD AV[~. I ~ a 1( -b
MA X rLAN(), l="LDR I DA 3Z7'3..~-(l~)08 lJ. S. A. iJ ~ ~~ ~
407oM645-5<)(H) F"AX: 407-M64pb_2810 ~ ~~.97 ::::
--- ---_._---~~ $
DATE: 10/(J':~/9i POLICY/CEHT. #: 13L8050024 ~ '''' ~
IN ACC:Cjl~rJAN1:;~ WITH YOW:;: INSTPUCTIONS~ WE HAVE r~n"E:C'rED 'THE FOLLO:;.?~212GZS\~\~
INSURANCE COVERAGE. THE PREMIUM ~OR THIS INSURANCE IS DUE AND PAYABLE
AS O~ THE ATTACHMENT DATE. UNLESS OTHERWISE AGREED.
---..-------"~-~-"MI-~-"-.,--~-""~~"'~I~Hr~.~*U-~~~.-~-__~_~___._._________.________.___~_______
NAMED lN8URED/ADDRE55:
i r.;;: I CHAFt.D SOWERS
11-~:,
!STILL WATER~ MN 5~082
INSURED LOCATION: SAME AS ABOVE
PERIOD OF INSURANCE: FROM: 10/10/91 TO: 10/10/92 (ANNUAL'
(BOTH DAYS FROM 12:01 ru1 LOCAL STANDARD TIME)
TYPE I SU!~JECT OF' I NSUF:ANC:E:: GENEf;':AL L r AE< I L I TY roF.: 1 C:Ol.JGAr.;~ A~(?1 "Z r 13(:iY II e
POLICY PORM: OWNERS' ,LANDLORDS' & TENANTS
L~MI~. ~~~IAEtIL~ T~: .~1, ~t ~o_~ _:'10: ClCC/AGG
D~DUGrIBLE: Sl,Quo.uu B!vPu PE~ GLAIM
nlRM
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PREMIUM: , ON ~ILE WITH C~RRIER
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CONDITIONS: SUBJ~CT TO PO~ICY TERMS~
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CONDITIONS AND WORDING
1" I"~:
(
ADDITIONAL INSUREDCS): NONE AT INCEPTION
Cot'lIvj~'!I".rs: I N~3Ut~ANC~~ 1'0 tb\)EF~ 1 COUI3Ar;~ AI<:r~ II Z X Gr:iY /I DOB
USE PLEASURE/MASCOT. i
rAI~~'(I=R' CQI~I=I~~ DI~A~e IIN~tJ~ANrE F'Lr
Wo' ..r"'i,. _ .... ::>1" .,.... ,1:;.. ,r..l.:... lor-... _' _ ..,'
-------------------------~_._---------------~---_._---.,----------------
THIS DOCUMENT IS INTENDEDI AS EVIDENCE THAT THE INSURANCE DESCRIBED
HEREUNDER HAS BEEN EF~ECT~D AS STATED. IMMEDIATE ADVICE MUST BE GIVEN
mM PNY I)'(sr"I::"E~'I:;:'(-~N'-'IEc' "[N{.:1"~."UPP""!E"(:' (Jr.;:' NE-.('E:c'~~AI;:'Y r-:HANr:"F~"' ~
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OAtffs~ i XMii'CHEL~~SDN ---
PAGE 1 OF l--------------~--------------------------CCNF-CS 6/91 0621
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"DAVID MAWHORTER
PUBLIC SAFETY DIRECTOR
POLICE CHIEF
/:'\'T .
\=
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GORDON SEIM
FIRE CHIEF
THE BIRTHPLACE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF POLICE
Incidents involving the cougar at 1251 W. Orleans st.:
Date
3/28/90
2- 8/24/90
35/10/91
t(
5/25/91
('
.J 5/26/91
" 5/28/91
-5/28/91
1 5/30191
~.1 5/31/91
')6/1/91
,. 6/1/91
'-,6/2/91
:.6/6/91
N 6/10/91
!) 7/21 /91
:t
i(.;1 8/6/91
It
209' 0<;1( S-':11
ICR If/Type
Action taken
90-2172 IR
Information regarding cougar
J90-7714IR
"
"
II
91-3481 IR
Noise complaint - not heard by officer
91-3992 IR
ticket issued
It
It
91-4018 IR
not heard by officer
"
"
91-4076 IR
- ticket issued
II
"
91-4,082 LE (U)
It
It
- not heard by officer
91-4177 IR
(report not turned in)
It
"
91-4189 IR
not heard by officer
It
It
91-4216 IR
ticket issued
II
"
91-4239 IR
not heard by officer
"
"
91-4259 LE (U)
not heard by officer
"
"
91-4446 IR
- ticket issued
"
..
91-4605 IR
ticket issued
"
" .
91-6097 IR
possible injury - not confirmed
91-6600 IR
Noise complaint - not heard by officer
212 North Fourth Street, Stillwater, Minnesota 55082
Police Phone: 612-439-1314 or 612-439-1336
Fire Phone: 612-439-6120 .
Coral Reef/Sharks
at the
e Minnesota Zoo
12/02/91
15:32
BID PROGRAMS-MN ZOO 612/431-9397
001
December 2, 1991
Ann Terwedo, Planner
City of Stillwater
City Hall
216 North Fourth
Stillwater, MN 55082
Dear Ann,
As we discussed, I believe a cougar on a leash
represents a public safety hazard, especially to small
children. Adult cougars, even when hand-reared by
humans and supposedly tame, are unpredictable in their
behavior. . They cannot be reliably obedience trained,
and any hand held leash is insufficient to restrain
these animals should they decide to bolt or attack;
At the Minnesota Zoo, I have frequently observed
cougars reacting to small children in a manner that
suggests the animal perceives children as prey (glass
barriers prevent direct contact with the public). I am
aware of two incidents in the rnidwest in which so
called "tame" cougars attacked and seriously injured
small children. In one of these incidents, the cougar
was restrained by a chain during the attack; the child
died.
Although I personally recommend against the
keeping of cougars as companion animals for a variety
of reasons, including public safety, I do acknowledge
the animals can be kept in a manner that reduces public
safety risks. SpeCifically, if the animal is contained
behind secure fencing with a covered top and locked
gates, public safety is reasonably assured. However,
if the animal is allowed to be walked on a leash in
public areas, there is a substantial risk of the cougar
injuring people, especially small children.
1U7Iu.~
Michael W. DonCarlos, Curator
MWD:mwd
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"~ --- - ~
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THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE: NOVEMBER 27, 1991
SUBJECT: SPECIAL USE PERMIT FOR UNDOMESTICATED ANIMAL AT
1251 WEST ORLEANS STREET, RICHARD SOWERS,
APPLICANT.(CASE NO. SUP/91-55)
A Public Hearing has been scheduled for the December 3,
1991 Council meeting on the application for a Special Use
Permit for Mr. Sower's animal. At this time, the applicant
has submitted the required permit application information
except for a letter from the property owner giving the
applicant permission to apply for the Special Use Permit.
Property owner permission is a requirement for all planning
permits. Without property owner's permission, the request
cannot be determined by the City Council.
If the property owner's permission is not provided in
writing by the Council meeting of December 3, 1991 it is
recommended the City Council open the. hearing and continue
the item to your next Council meeting of December 17, 1991.
At that time, the Council can act on the permit request, if
property owner's permission is granted or begin enforcement
of the Wild Animal Ordinance.
RECOMMENDATION:
If letter certifying property owner's permission is
received, hear the Special Use Permit request.
If no letter of permission is received, continue the
hearing to regular Council meeting of December 17, 1991.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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P_LANNI}J9__A'pP'],._tC.A_U.Q~__.RIYJIj~
~ CASE NO. V/91-51
Planning Commission Meeting: October 14, 1991
Project Location: 317 North Owen Street
Comprehensive Plan District: Two Family Residential
Zoning District: RB
Applicant's Name: Donald Hill
Type of Application: Variance.
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PROJECT DESCRIPTION:
A variance to the sideyard setback requirements for tne construction of a
garage (30 feet required, 17 feet requested) and to the size requirements for
an accessory structure (1,000 square feet required, 1,008 square feet
proposed) .
DISCUSSION:
The request is to tear down an existing house and replace it with a 28 foot by
30 foot garage, seventeen feet from the side property line. The garage will
accommodate the residential home located on the same lot facing North Owen
Street on which there is presently no garage on tile site. However, there is a
21 foot by 32 foot sl ab which does accommodate off-street parking for the
site.
The proposed garage is larger than what is allo\t/able for accessory structures
on a residential lot. The garage could be reduced in size and still provide
adequate space for the truck and working area. The other off-street
parking slab should also be removed. The 17 foot area between the garage and
the street is large enough to park cars. The Parking Ordinance limits two
parking spots per dwelling unit, one of which is covered.
CONDITIONS OF APPROVAL:
1. The garage size shall be reduced to 1,000 square feet.
2. The slab area next to the home shall be removed and sodded.
3. All roof drainage from the garage shall remain on site.
RECOMMENDATION:
Approval as conditioned.
FINDINGS:
The proposed use as condi ti oned wi 11 not be injurious to the neighborhood or
otherwise detrimental to public welfare and will be in harmony with the
general purpose of the Zoning Ordinance.
~ ATTACHMENTS:
PLANNING COMMISSION ACTION: DENIED
Caso Numbor ~2'~:_-?L_
F ?'d '7000
ee 01 __~__________
Data Filed __f!=-.:zj.J.f____
c.
CAS E NUf1B ER
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PLANNING ADlvdNlSTRATIVE FOR1V\
Street Location of PropertyJ __~ll__~__.QjJ:L~_~______________________
L I D . " f Pt L,;i- /f).J'D' t:J1ocIlJ'Z ()~ S'1..bini.> A o Jrholn
oga oscnpilon 0 ropor Yl _ ~__JJL _EU__f:::-__ ___:...____ ___-L1:J:!_____"
Owner: Name --D.Q.Q!&.Ud--_J:JjJJ_~.________________________________
Address __~11__!l1__0.J.b:L~-j'lJ.___________ Phone: _tf..3.J.:_8.k9~Z__
A60licant (if other than oW]1er); Name _________________________________
, . i
Address________~-~------------------- Phone:_______________
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Typo of Request:' ___ R6zoning ___ Approval of Preliminary Plet
--- Spacial Use Permit ___ Approval of Final Plat
..K V (Jriance .:.__ Other ~_______________'___
! .
Description of Request: --J6.~tJ.t~-\l.~-:..-~utLo_3--htLl&<J:_:_-!..'=.'O,.J.-------
____~~~1~c_~___~Lt~___~t~}_}_~___~~~9.~~-~-------------____
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Data of Public Hearing: _J___________________________________________
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NOTE: Sketch of pr?posed pr~pert!' and structure to be dra'YU.on t. ~~,f:this,)orm or at-
tached, showmg the fopowmg: . i'\~:-" - ~,
'i ' ,,~)' "1J,.,\\
1. North direction. C:;Y 5't '/ \
2. Location of, proposed structure on lot. i/ ';,;,f:. IOe (~~\
3. Dimensions :of iront and side set-backs. ~ clJ-.r'OJ':'~....:.:'j!tiv7 ~_~.~
4. Dimensions. of proposed structure. ':S oS'/p,,s'1;z/ /.., r\ J
r'./? <. .J-v. vy. . ,,'
5. Street nam~s. '/:~ ,~. :.</)"1:/9 ~l;:-'It ~~.j
6. Location of: adjacent existing buildings. \f:f'/, A"'~~" ~Y
7. Other inforynation as may be requested. ,..:<~~~W
Approved --- Denied ---Iby thoPl~nning Commission on ___________ (dute)
subiect to the following coinditions: _________..:__________________________
. i
!
----------------------1-------------------------------------------
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Approved -__ Denied ___ iby the Council on ________________ subiect to the
.! II . d'.' : \
jO oWing con IjlOns: ----7"-----:..-------------------------------------
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-------7--------------t-------------~-----------------------------
Comments: (U~e other sid~). .
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In addition to my house,I have a second house on my lot.I
want to remove this second house and replace it with a two car garage
of dimensions 28'x36'.I plan to remove the complete structure and
concrete slab.Due to existing landscape this house each spring is
flooded to a level which soaks the carpet inside the house.It is my
plan to have the new garage slab to be 8" higher than present.I also
plan to build the new garage with a ceiling height of 9' to equal that
of my house.Access to my garage will be from LINDEN ST,with a concrete
driveway 17'long and full width of garage.
I have two other basic needs for this garage,inside
storage/protection and the additional off street parking.In the past I
have owned boats, rv vehicles and presently snowmobiles.All these
pieces of equipment were stored off my property when not in use which
is an inconvenience when you wish to use them.Not only inconvenient
DEC.1989 my 1988 Arctic Cat and double wide trailer were stolen from
my yard the night before a trip to northern Minnesota.This past summer
a bicycle belonging to my brother was also stolen from my yard.
Secondly, having a two car garage would increase off street parking
from two spaces for presently six vehicles to four spaces for four
vehicles. I see this as the most ideal situation for use of my lot and
to help keep my vehicles out of harms way when not in use.
I wish to thank you for considering this proposal for a
variance.
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THE BIRTHPLACE OF MINNESOTA J
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
DATE: NOVEMBER 14, 1991
SUBJECT: CONTINUED CASES - V/91-53 and V/91-50, SIGN PROGRAM FOR STILLWATER
FITNESS CLUB BUILDING
This item was reviewed by the Planning Commission at their meeting of October
14,1991 and continued to this meeting to consider additional building Sign
Program options.
The proposal is a building Sign Program. All existing signs would be removed
with the placement of (2) forty nine square foot internally illuminated signs.
The two proposed signs would be located on the Greeley Street (east) side of
the building and the Myrtle Street side (north) of the building.
Beside IIFitness Centerll signage, all other building signage would be on the
two signs.
RECOMMENDATION:
Consideration of Sign Program.
ATTACHMENT:
- Proposed sign plans - October 14, 1991 Planning
- Staff Report.
PLANNING COMMISSION RECOMMENDATION: Approval with conditions.
Meeting.
CONDITIONS OF APPROVAL:
1. All existing signage shall be removed from the site.
2. No other signage, temporary or permanent, shall be allowed on the site.
3. The illumination of the signs shall be of a moderate intensity as
approved by the Community Development Director.
4. The sign shall be turned off by 10:00 P.M.
CITY HALL: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121
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PROPOSAL TO THE
STILLWATER PLANNING COMMISSION
Regarding Case No. V/91-50 - V/91-54
November 18, 1991
------------------------------------------
Respectfully submitted by the
South Hill Neighborhood Association
-------------------------------------------------
PROPOSAL FOR 110 S. GREELEY
· Front lit signs such as those successfully used by other nearby businesses.
· Locating signs within the shingled area of the roof, preferably facing north.
· Three month use of a temporary, street level sign to be located in the parking
lot to notify passing traffic of the businesses located there.
· Decorative "historic theme" lighting surrounding, and within, the parking lot.
· Partial tax forgiveness by city for 2 to 3 years to help defray additional costs
e incurred to maintain and enhance neighborhood character.
e
BENEFITS
· Meets owner's expressed need for new signs and parking lot lighting.
· "High impact" visibility to passing traffic. Lighting will be landmark and
appeal to appropriate repeat target customer.
· Consistent with character of surrounding historic, residential neighborhood
experiencing restoration.
· Maintains integrity of city planning and zoning.
· Favors maximum tax returns to the city by encouraging continued
improvement to neighborhood residences.
A VOIDS
· Precedent installation of a plastic covered neon light on a steel pole more
suited to a commercial district than a residential neighborhood.
· Encouraging similar requests from businesses in residential neighborhood.
· Signaling a creeping Greeley Street commercial strip into neighborhoods.
Greeley Street Businesses
In Residential Neighborhood
e
------------t-------------------------
Valley Preschool
413 S. Greeley
Greeley Health Care Center
313 S. Greel~y
Greeley Street Professional Building
305 S. Greeley tit
Nelson's Qrive In Dairy Store
(920 West Olilve 81.)
200 block of Greeley
Davian SJilding
212 S. Greeley
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PLANNING APPLICATION REVIEW
CASE NO. SUB/91-57
Planning Commission Meeting: November 18, 1991
Project Location: 1020 South Fifth Street
Comprehensive Plan District: Two Family Residential
Zoning District: R-B
Applicant's Name: Dennis and Marge Galowitz
Type of Application: Minor Subdivision
PROJECT DESCRIPTION
A 10 foot by 135 foot minor subdivision of Lot 13, Block 11 to Lot 14, Block
11 of Churchill, Nelson and Slaughters Addition.
DISCUSSION:
The request is to subdivide a 10 foot wide strip of property from one
property, Lot 13, to another property, Lot 14. In this case, the additional
ten feet of property will make the width of this lot meet the width
requirements as stated in the Zoning Ordinance. However, the lot will remain a
substandard lot at 6,750 square feet. The maximum lot size in the RB, Two
Family Residential District is 7,500 square feet.
The reducti on of the ten feet on Lot 13 does not affect the structure 'on this
lot. The home still meets the sideyard setback requirements for the RB
District.
FINDINGS:
This subdivision meets the purpose and intent of the Subdivision Ordinance.
RECOMMENDATION:
Approval.
ATTACHMENTS:
- Application Form
- Survey
PLANNING COMMISSION RECOMMENDATION: Approval.
Caso NumbcrS.t/8JJi:.QJ_
j{;; .
fee Paid ___.3.c2._:_______
Date filed ~~;!.11.______
" <.-
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CAS E N U t1 BE R
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PLANNING ADlJdNISTRATIVE FORJV\
S treat Loca tion of Pro party:! __1Q.~..o_1l211t.Q.J'j.l!h.-s.s.r~~t..-J2S!.1.J...W.il..t~r.~.lli.u!!~~oJ:2-5508 2
logal Doscription of Proper~y: l.Q.t.j'~:!Jt.t.~..cl{u"_lllo..cl<;..,I;le.'lJm..!lLLo!:.b1u:;c.b..Ul.a.
\ Nelson & Slaughter's Addition to Stillwater
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Ow ne r: N am e _ _ I;.e_Sli~_:ttL~.r 29.~..-r.I.)Ilt.;,a.c..t..j[~u.dnr... _Td,UJislll_~~~ ~L~O.ll..l_Y~Il.~~_
Add 14-:1-:11-1'.:1.- - "-C;"t" ef-r - .f- -- - - - pL
1-' ress __t..'.-' _u.Q.t.! _.l.Lo._'J....w..l<_~~_____~____ none: ---------------
Stillwate , Minnesota 55082
A~'-I~~a"''' (01": oT"ner .Lan OWrnl er). Name Dennis and Maro-e Galowitz
~~,,\., ..1 \ 1 I.n II" . --------------~------------------
Address__W~~_~~~~_flt~~~!~~~_________ Phone:_jll~~3~=1~I~___
Stillwat~r, Minnesota 55082
Type of Request:" ___ Re~oning ___ Approval.of Preliminary Plat
, ,.
___ Sp~cial Use Permit ___ Approval of Final Plat
___ Valriance \ ,:...._x_ Other :"~i~~_ll~~<i~~~i2~'___
De scri ption of Request: _ 'Ll1.e... 2.!22YEJ..__n.ilm~<l~.il.!.!i~~.I~glllt.SJ:_~Ji:iJ1~.!_~1!Pj.i.Yi2.i<lll__
_~o....E!:~cz.:l..Y~ _~_b.22~<!~..L~i~u.,!:~~__~~t~E~~r;!S22E~:s.sl'E_2.~_~E_~J>.E2~~a!~.!i_~~~il 0 r. . . '
foot wi-de strip .of Lot Fourteen (14), Block Eleven (11), Churchill, Nelson & SlaUghter'S' 'e
-Aci7l1'tionandtliey-seek-to-d"'eed-rr-to-th;-Galow[fi-so-tlie-Galo"'W'ltZ'r--own-a:r:rot Lot . . .
Fourteen (14), Block Ele;,lJm, (11), CburchiJ.,l, Nelson Slaughter ~ Ad. on .llwater.
~Igrature ot Apolic .I. _ _#~
.' Tracey A. lowiq: .
. .r. .. ':.:: __..' .. . ... .'. -'. ._Atto-rney or. I:l~tln~_._and . Galow~ tz
Date o. Public Heanng: --T' _____________________________4.~::~,1:;.;:o;.;......-
"'<1\"'- "'i".
NOTE: Sk~tch of pr?posed p~op,ert! and structure to be dra'ijU.on ~(ck ofl~ iorm'dr,at..
tacned, snowmg the lollowmg: :'~~~ ">':FJ\'.
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.1.. :N ortn dir~ction.
2. Location of proposed structure on lot.
3. Dimensions di front and side set-backs.
4. Dimensions ~i proposed structure.
5. Street names.
6. Location oi ~dj;:;.cent existing buildings.
7. Other inforn{ation as may be requested.
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Approved ___ Denied ___ ~y tho Planning Commission on ___________ (dote)
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suolec..o ..e 0 oWing con~I.lons: ____________________________________
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----------------------~t------------------------------------------
Approved ___ Denied ___ ijy the Council on ________________ subiect to the
"1[' d..... I \ .
.0, oWing con I.lons: _____~----;.;..-------------------------------------
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-----------------______I._~___-------------------~-----____________
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Comments: (U~e other side).
I hereby certify that this survey. plan. ur r~l'ort wa~
Pft~lMii A~~f'E'fi~p~
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EXHIBIT II All
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CERTIFICATE OF SURVEY
BARRETT M. STACK
STILLWATER, MINN. 55082
MINNESOTA REGISTERED
LAND SURVEYOR
Tel. No, 439-5630
JOIl NO, None
SURVEY MADE EXCLUSIVELY fOR,
Dennis and Marge Galowitz, 1020 South Fifth Street.
Stillwater, Minnesota 55082
l>ESCIHPTION,
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PLANNING APPLICATION REVIEW
CASE NO. PUD/91-58
Planning Commission Meeting: November 18, 1991
Project Location: 310 North Second Street
Comprehensive Plan District: Multi-Family Residential
Zoning District: R-B Duplex Residential
Applicant's Nar~: BARK Properties, Bob Briggs
Type of Application: Planned Unit Development, PUD
Project Description:
A Planned Unit Development for the construction of two duplex structures
housing four single family attached dwelling units on five lots.
Discussion:
The request is to construct two duplex structures, each housing two 1,436
square foot three bedroom residential units. The site is located in the
Downtown Plan District Area and will require Design Review by the Heritage
Preservation Commission (December 1, 1991). As a related action, the existing
three lot site is being resubdivided into four residential lots and one lot
owned in common (SUB/91-60).
The Planned Unit Development (PUD) permit process is being used for this
~elatively small half acre site because of the unique conditions including the
existing retaining walls, shared access easement to the rear and the attached
housing developed configuration.
The proposal is for two units in one residential structure in the upper
terrace of the site, Parcel B & C. The residential structure has a 12.67 feet
and 14 foot sideyard setbacks and a 38 foot (Parcel B) and 45 foot (Parcel C)
front yard setback consistent with RB zoning regulations. Access to the site
wi 11 be over a shared twenty foot access easement off of Mulberry Street. The
north end of the access easement will provide space for a turn around and
access to Lot 2 to the north of the project. Even though the lots face Second
Street, access is not provided from Second Street because of the topography
and retaining walls.
The design of the proposed residences is similar to the design of some of the
older residences in the area. A steep 12 foot x 12 foot pitched roof, lap
siding and multi-pane windows.
The design of the proposal will be reviewed by the Design Review Committee at
their December meeting and comments and recommendations made to the City
Council as a part of their review.
Parcel 0 and C are proposed for a similar design duplex residential structure.
Sideyard setbacks are shown at 10.6 feet. Again access to these residences
would be by the rear driveway.
"
Parcel A will be owned in common by the owners of parcels B, C, D and F and
provi de dri veway acces s to a 11 the res i dence s. The combi ned d r i veway is e
necessary because of the difference in elevation from Second Street to the
lots. Maintenance of the drive wilj be shared by the property owners.
The proposal is consistent with the Duplex Residential Density Standards and
the zero interior sideyard setback is necessary to accommodate the attached
townhouse design.
RECOMMENDATION:
Approval.
CONDITIONS OF APPROVAL:
1. The design o~ the proposal shall be reviewed by the Design Review
Committee. (De~ember 1, 1991)
I
2. The driveway W~dth shall be a minimum of 12 feet and be paved.
3. Tne mature Maple Trees shall be maintained and protected during
constructi on. !
I
4. A copy of the i covenants for maintenance of Parcel A shall be reviewed
and approved by the City Attorney.
5. The Subdivision Request (SUB/91-60) must be approved and subdivision
recorded before building permits are issued.
6.
There shall ble no increase in runoff on the property to the south
located on the icorner of Second and Mulberry Streets (a drainage plan
shall be submitted for Planning Department review before building
permits are is~ued for the south two properties).
I
I
The drain linj. from the cistern shall be connected to ttle storm sewer
or drain to thl street.
The present r$taining walls shall be maintained except for the wall
around ci stern iarea.
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7.
8.
ATTACHMENT:
Certificate of Survey iand typical front elevation.
I
I
PLANNING COMMISSION R~COMMENDATION: Approval with conditions.
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Coso Numbor JJfJ)!-Cf.{:S
fee Paid __d~Q.:.-t2..P..___
J(J~ r Je;
Date filed __./-=-_1...,/--1./____
\,
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CAS E N U t1 B E R
i'
PLANNING ADJ\AINISTRATIVE FOR1'v\
Street Location of Property: 2j_9..__!::.._:::'~__~;..._____________________
... f ~.e elf. w C e -T~(;2_ SVr? (;.A2.\ I(//~/q /
logal Doscnpllon 0 Property: __________________________X_____L~_':./.."-_I- ~--
. cq,. . . ,. ~ (.16
Iff~Wl\~ Name ___~At.\:::__f!2~~}:..T).~--t-.f!---~!~<<:::-..--!!:tf!Lf:::::~~f:t p fS~ i G-<"s {
. Address 1~~.!:_.!!:!!2.~~!~~_~::..___ Phone: _f_!.~___?:!:.?~__ ...-
O(,t.~~ q( .LL~-pf.9''' . '.. .
-A". mr(.~ h th ) N M/O({,1fA DfH/c.s V,c...(c.. ~eltc.sJ;;-ct7.
ppm.u IT ot er an owper: ~ orne -----.l.~'---.~1..---------f-------~--.T r-
. . <:f- .:yo h"V s r (. G(,u., '1'--V
Addres~ __!_tL._L_~:':..r.!::'i.._r_~~----.----- Phone:__l{~.:.t--:.[::t'f'.:2-- J .
Type of Request;. ___ Rezoning ___ Approval.of Preliminary Plat. .
___ Spacial Use Permit ___ Approval of Final Plat .
___ V arioncs \ .:.':2{ Other ~__e:.K.Q_______.___ .
D ... .t: R. .
escrlp,lon o. eques.: _______________:-________________-:-_____________
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------------------------------------------------------------------
, . . --------------------------------------------~-A/~I(~-~~:;~-~]-- .
S. ~ A I. · ~ --2/ ~.-? -'(l-A~T~"
Ignature 0: P? Icon,: ----~----~-----
Data of Public Hearing: ______=-____...:_______:._________________________
NOTE: Sketch of proposed property and structure tq be dra"rYI4.on back of. this ionnr.9~~ 'e
tac~ed, showing the. foll.owing:. I~ ~ . IJ/~
1. North. dlrectlOn. (>!r) 8~ /.jI~~>?.."
2. L~ca tlO~ of proposed stru?ture on lot. Ii;; ~r;,;:f1"rz::t. '&
3. DlmenslOns of front and slde set-backs. r{~{j . Q~.;:IO.so
4. Dimensions of proposed structure. r~:;: 4:%i,/,~ ~'b 70,
5. Street names. t{j'., ~i.("fh) c~,;~
6. Location of adjacent existing buiIdings.~~. ~... ,- ....';\j....
7. Other information as may be requested. W#i(i92S2"Q~~~Y;"
Approved ___ Denied __.- by tho 'Pl~nning Commission on ___________ (dute)
subiect ~o the ~ollowing conditions: _________..:__________________________
----------------------\-------------------------------------------
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Approved ___ Denied ___ by the Council on ________________ subiect to the
J: II. d..!.. \
,0 oWing con Illons: __________:.._____________________________________
--------------------------~--------------------~------------------
.
Comments: (Use othElr side).
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PLANNING APPLICATION REVIEW
CASE NO. SUB/91-60
Planning Commission meeting: November 18, 1991
Project Location: 310 North Second Street
Comprehensive Plan District: Multi-Family Residential
Zoning District: R-B, Duplex Residential
Applicant1s Name: BARK PROPERTIES, Bob Briggs
Type of Application: Resuddivision
PROJECT DESCRIPTION:
The request is to resubdivide three existing lots into five lots (four single
family residential lots and one lot owned in common.
Proposed lots are listed below:
PARCEL NOS. AREA SQ. FT. DIMENSIONS USE
Parcel A 5,319 Common Area
Parcel B 5,232 38.65x130.77 sq. ft. S.F. Residential
Parcel C 5,835 40. 01x130. 77 sq,. ft. S.F. Residential
Parcel D 4,799 36. 70x130. 77 sq. ft. S.F. Residential
P a rc e 1 E 4,799 36. 70x130. 77 sq. ft. S.F. Residential
TOT AL 25,984 4 S.F. Residential
The residential parcels do not meet the lot width requirements (50 feet) and
Parcels D and E do not meet the lot area requirements (5,000 square feet) but when
a portion of the common area is added to each lot the 5,000 square foot area
requirement is met. The Planned Unit Development process allows for flexibility in
setbacks, and lot dimensions as long as the proposed use and intensity of iJse is
consistent with density requirements.
RECOMMENDATION:
Approval.
FINDINGS:
The resubdivision is consistent with the zoning requirements and City
Comprehensive Plan.
CONDITIONS OF APPROVAL:
The resubdivison shall be filed with Washington County within six months.
PLANNING COMMISSION ACTION: Approved.
CAS E N U r~ B E R
Coso Numbor '~!i/!jii=~_o
30 a;::'
Fee Paid _______________
Data Filed -/i'!!fl_------
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PLANNING ADlvdNlSTRATlVE FOR1VL
...
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Street Location of Property: 1;------------------------------------------
logal Doscriptio'1.of Property; ----------------------------------------
Owner: Name ________l~t~.t.;.---:-:.l~:~:..~~-~-------------------
Address !!..~!-_!:j~!_t:'::~~_~5:~________ Phone: __'!_~f:.?:.!..~
Ap'plicant (if other than oWJI~r): Name ----:-----------------------------
'I .
Address__________~------------------- Phone:_______________
Typo of Request;. ___ Rezbning --- Approval of Preliminary Plat.
___ SpoFial Use Parmit ___ Approval of final Plat
I . .
___ Var'iance \ ~__ Other ___________________
".. .c R . /vfllVo~ . .5u hc:/r (..4 .( t'c.-~ o+- .3>
Descrlpllon 0, equest: _______________:-______________________________
.~ Luf-s. /i-~ S- .
------------------------------------------------------------------
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S. 1 t f A [" 10. ~;r, ~".
IgnF ure o. pp lcanl. ______J..~';-------~-
__I .. . _.H__'" .--. -. -
Data of Public Hearing: ---~-----------------------------------------
NOTE: Sketch of proposed property and structure to be dra"ijn.on back of this iorm or at-
tached, showing the following: /"'c:\~.11T:J>i'-;",
. . . /~J . c.. iJ/h
1. North. dlrectlQn. it, ;, . ~ ) /J}
2. LocatlOn of proposed structure on lot. pr? -tOL lA. 'o-}
3. Dimensions of iront and side set-backs. t~ c/J). J.),; 1L99 ~\
4. Dimensions of proposed structure. (.~ <S'::~.; 1(;' 1 ~1
5 St t !- '-J '~/ 1:'~ ,~,
. ree names.. ~<- . ~~'~(4: ''''7
6. Locatio.n of adi.acent existing buildings. .\\~~w?);,r'1{<:;.:,:~j
7. Other lnformation as may be requested. \~/c~3' .'~~~~~
, ~ / ! t?..32J~
Approved ___ Denied ___ by tho 'Planning Commission an ___~~~:. (date)
. i' .
subiecr to the ~ollowing con~itions: _________.:__________________________
----------------------~-\--------------------~--------------------
1
I
Approved ___ Denied ___ by the Council on ________________ subiect to the
~ 11" d'.- 1\
,0 oWing con Illons: ------t----~-------------------------------------
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PLANNING APPLICATION REVIEW
CASE NO. SUP/V/91-59
PLANNING COMMISSION MEETING: November 18, 1991
PROJECT LOCATION: 407-423 South Fifth Street
COMPREHENSIVE PLAN DISTRICT: Multi-Family Residential
Zoning District: R-B, Duplex Residential
APPLICANT'S NAME: Richard N. Olsen and Richard L. Huelsmann
TYPE OF APPLICATION: Special Use Permit and Variance
PROJECT DESCRIPTIONS:
Request is to construct a 40'x72', 2,880 square foot multi-purpose room,
kitchen, related facilities and 15 car parking lot on existing church property
and 751x150' adjacent corner lot.
DISCUSSION:
The proposal is to construct a 2,880 square foot multi-purpose room, kitchen
and related facilities in addition to a 15 car parking lot to the existing St.
Mary's Church Complex (refer to application and parish center project addition
(Description attached). .
The purpose for the addition is to provide expanded facilities for existing
church activities that do not currently occur on the site. The improvement
would also make the existing educational building as well as the addition
accessible to the handicapped.
The existing site is currently used for driveway and parking (on church
property) and a family residence on the corner of Fifth and Pi ne Streets. The
existing residence would be removed to clear the site for development. A
mature Maple tree on the south\'iest corner of the residential lot would remain
as shown on the site plan. Circulation to the parking behind the existing
church and addition would be provided by a one-way drive\'iay off Fifth Street.
The driveway would access the site north of the existing church run behind the
church. Fifteen 60 degree parking spaces with two designated for handicapped,
next to the handicapped walkway to the church. The driveway would exit onto
Pine Street mid-block between Fifth Street and Fourth Street. The parking
space closest to Pine Street is approximately ten feet from the Pine Street
lot property line. An existing cyclone fence and proposed new cyclone fence
would separate the site from residents to the rear.
ANALYSIS
Churches and rel ated church uses requi re a Special Use Permit in the Duplex
Residential R-B District. The purpose of the Special Use review is to ensure
that the proposal is compatible with the dominant residential character of the
area. The proposed project removes a single family residence and replaces it
e with an extension to the existing church.
1
,
The zoning requires a 30 foot setback from the Pine Street property line. The
proposal shows a 21 foot setback. The multi-purpose addition as viewed from
Pine Street is 24 feet tall. The site sits up from Pine Street increasing the e
apparent height of the building.
The appearan~e of the multi-purpose building south elevation (viewed from Pine
Street) is a~flat, plain brick surface with no windows or other design
detailing. This elevation is probably the primary public view of the site and
additional ar hitectural treatment should be considered to make this side of
the building more interesting.
I
The proposed~site plan shows 15 additional parking spaces in 341 to 381 wide
area bellind he building. Sixty degree parking is proposed off a one-way
driveway sys,tem. The minimal width for this type of parking arrangement is 36
feet and thisl does not allow space for snow storage. Also, the plan shows an
existing cha~n link fence and new chain link fence separating the parking area
from the resi~ence to the rear. This does not allow for screening with a fence
and bushes olr hedges to soften ttle appearance and block headl ights of tile
parked cars from tne residential areas. In residential districts, according to
the Zoning Olrdinance, parking lots are to be screened by a hedge or sightly
fence or wall, from the adjacent residential uses and located in back of street
setback lines! unless approved by the City Council.
I
I
It is recommended that a different parking configuration be considered,
possibly par~llel parking, or mixed parallel and angle parking, so that
adequate spaCe can be provided for auto and pedestrian movement, parking,
landscaping and snow storage on the church property.
The site plan includes a conceptual landscape design. No ground cover is snown e
for the yardi area around the Maple tree on Pine Street. A landscape plan
showing plant1location, type, and size should be submitted for approval.
Lighting is proposed for the pedestrian areas. The location and design of
lighting is npt specified.
I
FINDINGS:
Based on thel proposal and conditions of approval, the application shall not be
injurious to the neighborhood or otherwise detrimental to the public welfare
and will be i~ general harmony with the purpose of this Ordinance.
RECOMMENDATION: Approval.
I
I
CONDITIONS OFIAPPROVAL:
1. The squth elevation of the multi-purpose building shall be modified to
provide architectural detail compatible with the design of the
associ+ted buildings.
I
2. A detailed landscape plan shall be submitted showing the plant type,
size and location for all landscaped areas. Additional landscaping
shall e added along Pine Street andtne west and south yard areas
sodded
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2
3.
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4.
5.
6.
7.
The parking plan shall be modified to provide adequate space for
parking and a five foot buffer/screen/fence area between the parking
lot and the residential property to the east.
Ttle parking lot shall start behind the thirty feet required setback on
Pine Street.
Any additional lighting shall be reviewed before building permits are
issued to make sure it does not shine on the adjacent residences.
A demolition permit or building moving permit shall be obtained from
the City before the existing residence is removed.
A grading/drainage plan shall be submitted showing driveway retaining
walls, the slope of the driveway to Pine Street and the piping of storm
water to Pine Street.
8. Clear view shall be provided at the driveway entrance to Pine Street.
ATTACHMENTS:
- Application, plans and project description.
PLANNING COMMISSION RECOMMENDATION: Approval with conditions.
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3
CAS E N U r~ BE R
Coso NumborSJitf!i_-_':i:J.
cr
Fee Paid ___:Z~_::_______
Date FilEld -~1..If.fL----__
I~'
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PLANNING ADbAINlSTRATlVE FORJV\
I
Street Loco tion o~ Property: _i<2.?-=-~~~_s.2~J;h_~i!J;!!_~tr~!;!.L2]]_liEl.s_t_.f!.f!.e_li!r.El.~__
Lots 8 through 12, Block 37, and Lot 7, Block 37, of the Original Town,
Lo 9 a I Do scr i p t i 0l1. of Pro pElrtYI .!l2~ Qi~ ~iJ3.ti.ll'e?l~__ _ __ _ _ ____ _ _ ___ _ __ ___ ___
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1 ! Saint Mary's Church
Owner: Name __-------___________:0:,________________________________
AddressL_~~~~~_r~~_~~~~_____________ Phone:___i~21~_______
i
Applicant (if oth~r than oW[ler): Name __R.!~d_~_Q.l~~rld~l~d_1.._~l~______
! 1902 South Greeley Street .
Address L__~t.Q.l~t:.~!..~~2~_~Q.81_________ Phone: _42~-2tgQQ~~~1___
. I
Type of Requestl;
Description
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I . . .
of Re!q uest: _ _~ _S-OUS..t:r.usl ~cY.!~!!_t.Q _c!rur~-'~cjl.wJ..~~.ml..P~entJ.y___ __
x R .
___ ezonmg
___ Spacial Use Permit
_~_ Variance
-__ Approval of Preliminary Plat
-__ Approval of Final Plat
\ ~__ Other~______________~___
."
..?~~~~.:.J2.!"2~!Y_~.!~~dl~i~~t~~iP!~.P!~~l_t2J~_aE~~2_a.!_21~.F~s.!_P.P.le_~t.!~e.!.
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. . . --------------r----------------------------
Signature of Applicant:
~
Data of Public Hlearing: ___________.:..__..:___:...:...:..___-:..____________________
i
NOTE: Sketch of ~roposed property and structure to be dra'ijIl.on back of this :form or at-
tached, shoWing the following:
1. !North direction.
2. ]Location of proposed structure on lot.
3. Dimensions of front and side set-backs.
4. pimensions of proposed structure.
5. Street names.
6. ~ocation of adjacent existing buildings.
7. Other inionnation as may be requested.
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Approved ___ D<lmied ___ by thaPlonning Commission on ______oc.:;.;~~-,.(do~a)
I '. . t... U .j\J <;...~'
subiec; to the ~olllowing conditions: _________..:__________________________
----------------------~-------------------------------------------
Approved --- D~nied ___ by the Council on ________________ subiect to the
fo I lowing conditipns: ______.:___:.._____________________________________
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--------------~-----------------~--------------------------------
. I
Comments: (Use! other side).
. .
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SAINT MARY'S CHURCH - STILLWATER, MINNESOTA
Proposed "Parish Center" Addition and Handicapped/Accessibility Proiect
Summary
o
Proposed construction of grade level 2880 square feet "multipurpose
room", along with connecting hallways, entries, kitchen and storage
areas.
o
To be located on current church property and a 75' by 150' parcel at
the northeast corner of Fifth and Pine Streets that the church intends
to purchase.
o
New enclosed stairwell -- from second floor to basement of Religious
Education Center (replaces external open air fire escape) for enhanced
safety and easier entrance and egress.
o
Elevator to provide access for handicapped and elderly from ground
level of connecting hallway to first and second floors of Religious
Education Center - makes all facilities totally accessible.
o
New toilet areas -- completely handicapped accessible and equipped.
Architectural/Design
o
Constructed of brick and stone to match existing, including design
detailing.
o
To look as if it were original -- same architect, same concepts as used
in 1989-90 Rivertown Restoration award winning church restoration
project.
o
Retains 100+ year old maple tree at Fifth and Pine -- park-like
plaza/walkways and landscaped areas at corner; also area between church
and Religious Education Center will be a landscaped park.
Purpose
o
To provide for safety and accessibility to existing Religious Education
Center -- elevator, enclosed stairwell, new toilets.
o
To provide a social/recreation area for the parish that is accessible
to all -- with the St. Croix Valley Catholic Religious Education
program using existing school building full-time, the addition will
accommodate wedding receptions, funeral luncheons, recreation
activities, etc., that are presently restricted due to unavailability
or inaccessibility.
Traffic Flow/Parking
o
Traffic congestion reduced by "one-way" travel entering north of
church, exiting on Pine Street (possible "right turn only").
e
o
Parking for handicapped with easy access to buildings provided along
east property line.
o
Allows cop.venient, sheltered "drop-off" for elderly and handicapped
passengers.
o Pine Stre~t exit to be landscaped and coordinated with adjacent
property ~wner.
I
Set Backs. Zoninf
Lighting
o
The property at the northeast corner of Fifth and Pine Streets is
presently! zoned "residential" and contains a duplex.
I
Church in~ends to acquire property and remove existing house and garage.
Pine Stre~lt and Fifth Street sethacks will generally coincide with that
of present house, except that it appears that the south wall of the
addition ill extend approximately one foot beyond the existing house
(waiting for survey report).
o
o
o
Fifth Street setback will be considerably more than existing garage
which will be removed from site -- west side to be plaza/walkways area.
e
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Addition~l lighting will be minimal.
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Wall mou1t and pole fixtures will be added to the west side of the
addition -- both between the church/school area and at Fifth and Pine
Streets 1- all to match existing.
I
Lighting~lonlY to extent necessary for safety will be added to the rear
of the c mplex and impact on neighboring residences will be minimally
incremen ,al in relation to existing exterior lighting.
o
o
Conclusion i
o Additionjand accessibility enhancements, along with removal of existing
house an garage at Fifth and Pine Streets, will improve the area and
provide leeded space and accessibility.
o There wi 1 not be any significant increase in traffic or usage at any
one time; funerals are now held in the church -- luncheons will extend
the time; weddings are now held in the church -- the addition will
I .
allow reQeptions there; currently parish activlties are held at the
Religiou~ Education Center, the addition provides for convenience,
accessib1lity and safety.
o The addi~ion and accessibility enhancements are a continuation of the ~
Renovatiqn and Renewal Project which began in 1989 whereby a full city ~
block of Ihistorical "old" Stillwater will have been maintained,
renovateq and enhanced for many years into the future.
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onc1usion - continued
o
The three existing Saint Mary's buildings -- each over 100 years old --
will have all been externally renovated with emphasis on architectural
integrity and construction -- the "look" will be maintained.
o
Adjacent property owners have been informed of the project and no
opposition has been expressed.
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t1:1c1( S \.athy Balay
416 S.Fifth St.
SL-jU.\v\\1aU~r, 1'1[\1 550H2
LflO-Q462
11/16/91
St. Nary's Catholic Church/ St. Croix Valley H.eligious Education Center
Rev. Vernon Miller, O.S.B. Pastor
407 S. Fifth St./ 423 S. Fifth St.
StUlI-mter, MN 550A2
Dear Father Miller:
e
Earlier this wee~ our family received notice of the chllrch's expansion request
to the city. He continue to su[)port St. Mary's decision to remain in
StUlI-later's historic residential area, and agree that full-service kHchens,
larp,e activity spaces, and accessihility for the handicapped are needs to be
met by a Rrowing parish church and school. 1,.1e are glad to have St. Mary's
and the ;-)1:. Croix Valley ReligiousP.ducation Center as neighbors.
I-Tovev':~r, the impact of your expanded complex on the dominant residential
neighborhood is our major concern. The church has requested that t1'1e neighborhood
give a variance to a11m" the construction of a 5, noo sf+ buHc1j.np; acldition
Hhich will be nine feet (0ft.) closer to the street than the zoning
or0.i:12nCe 3110\,'s. The top of that south \Vall "Till he thirty-tHo fp"?J:(32ft:.) above
e
U1e street level. The in:::rea.se, by size, of the facility is at lec::.st ~5~; of the
total size of the complex, and \Vill most certainly significantly increase the
frequency of a fuJ.I capacity parkinp; demand, and also lengthen the duration of
those times "Then all three of your parking lots ,,,ill be full and significant
numbers of vehicles will be parked on Fifth St. and Pine St.
It would be a[)proprate and cost effe2'tive for the St. l'lary's Church/School
Complex, acting as a good neighbor to Rive back three parking lots ,,,hich are
closer to current city standards for a residential area.
Specifically the t,,,o parking lots develope(l s~veral years ap;o on the
northwest corner of Pine and Fifth St. The fo11mving are our concerns and
possible solutions:
Parkinp; Lot Prohlems l)City desip,n standards are not met for:
a) quantity of spaces provided
b) setbacks to street and ac1.joining proper Lies
c) concrete curbing and curb cuts at Fifth St.
d) marking(striping) of spaces
e) screening from street and adjoining residential properties
2)Snow removal is currently 3ccomplishecl patially by
pushing snmJ mto ffljoining residential [)roperties
3) The St. Croix Valley Religious Education Center
operates during ,,,eekdays and utilizes the north parking
lot as a [)lavground and blocking off Fifth St. in
front of the school to extend the playground, \"ith
barricades.
Parking Lot Problems
(continued)
11/16/91
Page 2
4)The parkin?, lot is an attractive nuisance to
neighborhood children and Hithout controlled buffer
zone it becomes very difficult to make'sure they are
safe. Kids and parking cars are a bad mix.
5)The lack of curb cuts on Fifth St. promotes
improper parking in the Fifth St. right-of,.;ray
blocking traffic to one lane.
6)The lack of striping in the parking lots often
causes inefficiency of space use. In a typical full
capacity cycle an average of 14 or 15 cars take up
the space for 19,in each rm.;r , causing as many as
20 extra cars to park in aisles or on the street.
l)Install five foot (Sft.) landscape buffers to adjoining
residential property Hith attractive screening per
ordinances. Contact property owners for potential
cost sharing donations.
2)Develop landscape areas for snow placement on site.
3)Install Curb Cut islamlr; on Fifth St. per city
sL<mdanJ.<;. Cc't a variance to parking space set back
to keep parking quantities at a maximum level Hhich
benificially reduces amount of forced on-street
parking and discourages improper double- parking.
4)Stripe parking spaces in lots to assure no on-lot space
is ,.;rasted.
We present t~ese problems as constructive analysis to minimize additional
negative impact Ion the neighborhood, from your planned expansion of the
St. 1'1ary's comp~ex. He request these solutions be included in the final
Special Use Pe~it and Variance Request to the city of StillHater.
Our family ldoks fon.;rard to the successful expansion of the entire
! .~. .
St. Hary's chur1h/ school facility in a residentially sensitive manner.
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Possible solutiqns
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Your neip,hb09s,
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also Lara, Burke, Katelyn,and Erin
cc: Stephen Russ 11, City of Stilh.;rater Planning Dept.
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November 16, 1991
Response to SUP and Variance for 405 S. Fourth
Mr. Steve Russell
CommunIty Development Director
CHv of Stillwater
De.ar Steve:
Upon examination of the documentsrelating tothe construction at 405 S. Fourth, there are
several items Vikki and I would like to express to you, the Planning Commission, and the City
Council.
First. we supporfSt. l"lary's church for the strong commitment they have made to our
community. and see this construction as a positive step for St. Mary's Church and Stillwater.
However. there are several concerns we would like to express. Travel for business prevents me
from coming to the Planning Commission meeting so I am writing this letter to make our
concerns known.
Our biggest concern would be the intensification of use for this facility. This faCility will draw.'
adiitlonal cars to the area and we would like to make sure there is enough 'parking for the
intended uses, whether for church. school or recreational activities. The existing parking lot
fills up on a regular basis for church activities and people end up parking on the street near our
house. across Pine Street from the lot. This could get worse on a regular basis unless adequate
parking for the planned activities are designed in. .
Also this facility. with it's large kitchen will be ideal for activities such as banquets and
receptions. Our concern here is that late night activities past 9:30 or. 10 PM would be
disruptive to the residential nature of our neighborhood, since late night crowds can be noisy in
the parking lots. If there were a provision for limits on hours of operation or limitation of
.9ln. 'Elegant o/'utorian 'Bui ana 'Breaifast
319 'W. Pine Street .
Sti{[water, 9rf9.L 55082
(612) 430-0355
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Rnn 13eanJ-{ouse
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group size after acertai~ time I think this would be ideal. Also, the current church parking lot
has been the location for]drinking before and after several weddings, typically by the
. groocflsmen. With additi9nal activities like banQuets. this problem could get worse. I would like
to have a provision in th~ SUP that specifically prohibits drinking in the parking lot or other
oolgttborhOCJd property d~rlng activities as a condition for issuance and subject to review.
I '.
- '. .' ,
Our other concern is wit~ the rather plain brick facade in the proposed design. Pine Street has
been referred to asthe.'SiJrnrnitAvenue of Stillwater " for many years. While the existing house
rontributeslittle to this Ireputatioli.the proposed design would significantly detract from this
. ideal TheSouth andEas~facades are extremely plain and stark. with little or no design detail _.... ,
thatwould contribute tolhe neighborhood's sense of history. I could not assign any .,
.ar-chit ec. ..tura.l,.S,tYle.t.o .1't~lt.her th. an ",ns. tit.utional'" I be. l.ieve that everi:a feWd. eS1g. n Chan. gas .
, could make the facllity nsitive to the historic neighborhood it is located in'. Several ideas.
. would be to carryover t e mansard roof line to reduce the apparentheight of the building,
lower the building intot~e ground an additional three feet, or include a stone foundation facade
for several feet off the g~ound. Also, windows consistent with the school buildingwould offer
. C1:.lntlnuity to the site's visual impact My concern is having another brick wall too close to the
street, just like the 40 fpot brick wall on the east $ide of the Junior High School only one block
iiWay. I " .
Thank you for yourconsi(Jeration of our comments and concerns.
. ,.
Sincerely,
Bruce A. Brillhart
;In. 'EUgant o/'utorian 'Beef ana 'Brealifast
319 'W. Pine Street
Stiawatetj ~ 55082
(612) 430-0355
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3535 VADNAIS CENTER DRIVE, Sf. PAUL, MINNESOTA 55110 612490-2000
. ARCHITECTS. PLANNERS
November 18, 1991
RE: STILLWATER, MINNESOTA
ST. MARY'S CATHOLIC CHURCH
SEH FILE NO. 89114
Steve Russell
City of Sti~lwater
216 North 4th street
Stillwater, MN 55082
Dear Steve:
As you requested, we have reviewed the circulation and parking
aspects of the proposed addition to st. Mary's Catholic Church
located at the northeast corner of South 5th Street and Pine
Street.
Based on our review of the site and the site plan, the Church,
ramp, school and classrooms are existing. At this time, two
driveways to the site are provided: one on the north side of the
Church, and another on the south side of the school. According
to the site plan, the south driveway would be eliminated and a
new driveway is proposed on Pine Street.
As you may know, the drive aisle around the east side of the
Church is very narrow measuring approximately 11 feet wide. The
drive aisle is bounded by the Church on one side and a chainlink
fence on the other side leaving very little room for flexibility.
Large cars and vans most likely have to negotiate this area very
carefully in order to avoid hitting th,e' cqrners Qfthe ChuT'C',h
buildin~ or the chainlink fence. Consequently, it will also be
very difficult to park in the first handicapped space closest to
the Church. It appears that it will be possible to park in this
space with some maneuvering; however, drivers will not be able to
access the parking space in one clean turning movement.
The minimum width of the proposed parking spaces and drive aisle
shown on the site plan is 34 feet. For 60 degree parking spaces
as shown on the site plan, the minimum drive aisle width
suggested is 33.5 feet. Therefore, the 34 foot width is very
minimal, making it necessary to clear snow completely away from
the existing chainlink fence and the future wall of the kitchen
building and mUlti-purpose room in order to have adequate space
for parking and maneuvering.
SHORT E IOTT
HENORIC SON INC.
ST PAUL,
MINNESOTA
CHIPPEWA FALLS,
WI5CONSIN
e
steve Russell
November :18, 1991
Page #2 !
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The park~ng space dimensions appear to be adequate.
I
Our maini concern with the driveway to Pine Street is the
potential for the grade to be very steep due to the elevation
difference between the street and the Church site. If the site
can be g~aded in a manner which would minimize the slope of the
driveway! as it approaches Pine Street, this would improve the
safety ofl the driveway under icy conditions. We suggest that the
site graqing plan be reviewed to determine what can be done to
minimize Ithe grade. An exit only sign is suggested at the Pine
Street drli veway.
We have qonsidered whether the driveway would be best used as an
egress or! ingress driveway. As long as the grade of the driveway
can be bJ:'ought down to a reasonable slope as discussed above,
there does not appear to be a problem with using the driveway as
an egress point. If the driveway were changed to an inbound only
driveway, drivers could have problems getting into the site under ...
icy conditions, given the slope. ,.,
,
It does qot appear possible for trash trucks and delivery trucks
to circu~ate around the east side of the existing Church. Since
the trash enclosure is not shown on the site plan, it is unclear
as to whether or not the trash will be stored in a dumpster cr
pulled 04t to the street for trash truck pickups. Deliveries
from veh~cles larger than vans will need to take place from 5th
Street vi~ the sidewalk which leads to the multi-purpose room.
If you have any questions regarding any of the above comments,
please do not hesitate to give me a call at 490-2071.
SincerelYjb.
0/}';/k ,t~
Cin;;;-~ray, A..jj,P
Transportation Planner
CRG/cmb
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SAINT MARY'S CHORCH--PARISH CENTER PROJECT
Case No. SUPIV/91-59
Subsequent to the initial submission to the Planning Commission and in
response to its review, this memorandum describes revisions to the proposed
project as reflected in the accompanying latest architectural drawings and
site plan, as well as responses to the "conditions of approval".
1. The south elevation of the multipurpose room (exterior wall) will have
the architectural detail in the brickwork similar to that of the walls of
the existing church.
2. A detailed landscape plan will be submitted to the City Planner at a
later date. The plan will provide for as much "green" space as possible,
the preservation of the large maple tree at the corner of Fifth and Pine
Streets, and if at all possible (which now appears likely) the
preservation of the two maples on the southeast corner. Also, the area
around the south wall of the multipurpose room will be given very careful
consideration in order to "soften" the impact.
3.
The parking plan to the rear of the complex has been redesigned to
respond to the conditions of approval--the five foot buffer has been
added (the landscape and fence details of the buffer will be worked out
with the adjoining property owners); the slope of the drive exit will be
minimized.
4. There will be a 30' setback from Pine Street for the parking area as
shown on the latest plans.
5. A lighting plan will be submitted to the City Planner for approval.
While not finalized, it is expected that the only additional lighting on
Fifth Street will be two wall mount globe lanterns, one on each side of
the west entrance to the multipurpose room, and two globe post lanterns,
one on each side of the sidewalk to the same west entrance.
The rear lighting will be the minimum needed for safety and security.
6. We will, of course, obtain the necessary permits.
While not stated as a condition of approval, as shown on the architectural
drawings, we have revised the drive area turning radius on the north side of
the church to ease the access to the east of the church, including access for
trash trucks. This area will also provide for enclosed and landscaped
dumpsters.
Richard L. Huelsmann
Richard N. Olsen
November 25, 1991
...
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STILLWATER PLANNING COMMISSION
~ MINUTES
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DATE: November 18, 1991
TIME: 7:00 P.M.
MEMBERS PRESENT: Gerald Fontaine, Chairman
Angela Anderson, Gene Bealka, Glenna Bealka, Duane Elliott,
Gary Funke, Don Valsvik, and Darwin Waldo
ABSENT: Rob Hamlin.
ALSO PRESENT: Steve Russell, Community Development Director and Ann
Pung-Terwedo, City Planner/Substitute Secretary.
The meeting was called to order by Gerald Fontaine at 7:00 P.M. Chairman
Fontaine welcomed new member Darwin Waldo
APPROVAL OF MINUTES
Motion by Gary Funke to approve the rainutes of October 14, 1991 as submitted.
Seconded by Don Valsvik. ALL IN FAVOR.
PUBLIC HEARINGS
1. CASE NO. V/91-51 - A continuation of a variance to the sideyard setback
requirements for construction of a garage on a corner lot (30 feet required,
17 feet requested) and to the size requirements for an accessory structure at
317 North Owens Street in the RB, Two Family Residential District. Donald
Hill, Applicant, presented the proposal.
Duane Elliott questioned the large space for the storage of vehicles. Mr. Hill
explained he plans to fix snowmobiles and other recreational vehicles. He also
stated he prefers not to eliminate the parking area for his father1s RV which
is parking on his property during the summer months.
Gerald Fontaine was concerned about the 17 foot setback from the street to the
garage. He felt there wasn't adequate room to park cars and allow room for
pedestrians to walk without walking in the street. There are no sidewalks on
this side street.
Gary Funke agreed witn Mr. Fontaine. He would like to see the plan changed to
accommodate more driveway area thereby changing the work area of the garage to
the west.
Duane E 11 i ott made a moti on to deny tne request as proposed, seconded by
Angela Anderson. ALL IN FAVOR.
2. CASE NO. V/91-50 - V/91-53 - A continuation of two variance requests for
tne placement of a pylon sign and free-standing sign at 110 South Greeley
Street. The property is located in the RB, Two Family Residential District.
Heidi Rosebud and Melissa Johnson, Applicants.
1
Mr. Russell presented the background on the sign proposal to date. The ne\'i
sign plan consists of two fifty square foot pylon \'iall signs. One sign will
face Greeley Street and the other will face Myrtle Street.
Heidi Rosebud ~resented the new sign program proposal and changes made from
the last Plann~ng Commission meeting.
Angela Anderso~ questioned the illumination of the signs. Ms. Rosebud stated
that the sign would illuminate approximately 10-15 feet from the sign.
,
Mike McCarthy,! 210 South Greeley Street, presented an alternate sign proposal
for the signs. He also presented a resolution from Rivertown Restoration
against the signs as proposed and support of the alternate sign proposal.
Mr. McCarthy stated that three issues stand out on this proposal.
1. The neeij for signage;
2. Parking, lot lighting;
3. Charact~r of the neighborhood.
Ms. Rosebud stated the sign plan, as proposed, met the concerns of tne
Planning Commission.
Melissa JOhnsob, retail shop owner at the site, stated that signage for the
building Shoulp also appeal to the younger generation.
Bridget MConne1, employee at the Stillwater Fitness Center, stated the sign
needs to be visual to all customers.
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Mr. lv1cCarthy stated that this type of signage in residential neighborhoods is
a problem thro~ghout Stillwater.
Don Valsvik made a motion to approve the sign prograM as proposed for the two
fifty square f~ot wall signs. Seconded by Gary Funke. Approved 6-2 with tne
following cond'tions:
,
1. All exif'ting signage shall be removed.
2. No othe permanent or temporary signage is allowed.
3. The ill~mination shall be of a moderate intensity approved by the
Community Development Director.
4. The sigh shall be turned off by 10:00 P.M.
I
3. Case No. SUt/91-S5 - A Special Use Permit to maintain a cougar on a
residential pr perty within the City of Stillwater. The property is located at
1251 West Orleans Street in the RA, Single Family Residential District.
Richard Sowers~ Applicant.
James Anderson, Attorney for Mr. Sowers, presented the proposal. He discussed
his background1with wild animals and his experiences with pheasants. He has a
great apprecia~ion for wild and endangered animals.
2
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Mr. Anderson reviewed the IIconditions of approval" with the Planning
Commission. Changes vJere made to the conditions to clarify tile wording. These
include the following:
1. Mr. Anderson wanted to cl ari fy what the cat di d when not supervi sed and
was changed to read: II The cougar shall remain inside its confinement
space at all times when not supervi sed. Outside the confi nement space,
on the property, the cougar shall be on a 1 eash handl ed by an adult."
2. Mr. Anderson stated that Condition No. 2 was too strict. Mr. Sowers .
wants to show his cat at special functions or other city festivals or
activities. Mr. Anderson suggested this condition be changed to have
the Pol ice Departments or other City personnel approve functions the
cat may attend within the City limits of Stillwater. The condition vias
changed to read liThe cougar shall not be allowed to walk the streets of
Stillwater, or be allowed in City parks or on City property, without
prior approval from the City Council or authorized personnel.
This condition was changed to read: IIA detailed structure plan of the
new confinement space shall be submitted to the Comnunity Development
Director for approval before building permits are issued.
Thi s conditi on \'ias cllanged to read: liThe confi nement space shall be
locked at all times when the cougar is in his cage. II
This condition was changed to read: IINo other cougars or other wild
animals or undomesticated animals shall be allowed on the premises.
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3.
4.
6.
Angela
8.
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I 10.
Anderson had trouble with the definition of "wild animal II
Mr. Sowers stated the owners of the property should not have to giver
permission on this request. Mr. Valsvik stated tllat if Mr. Sowers
wanted a woodshop business in his house, he would need approval from
the property owners as stated in the Zoning Ordinance. This conditions
stands as stated.
The noise issue was discussed. The issue of defining noise nuisances
from a public safety standpoint was questioned. This will be reviewed
before the City Council meeting.
OTHER STATEMENTS AND COMMENTS:
e
Mr. Sowers stated he wants to walk the cougar around Stillwater.
Mark Hall, Mr. Sowers friend and resident of Oak Park Heights, stated
he was raised with a bear and feels that wild animals are not a threat
to the public.
Don Valsvik stated that this is a city of 14,000 people. The City needs
to have regulations.
Jerry Fontaine stated that there is an Ordinance now. The Planning
Commission is implementing that Ordinance.
Sis Casanova questioned if anyone can get a Special Use Permit for wi1d
animals.
Peter Bergerson, National Coordinator, Owners of Wild Animals, stated
animals can be in control on public property if properly controlled.
Jerry Fontaine closed the hearing.
3
Duane Elliott made a motion to approve the Conditions of Approval as stated
and revised. Seconded by Don Valsvik. APPROVED, 6-2, AS CONDITIONED.
4. Case No.SUB/91-57 - A 10 foot by 135 foot Minor Subdivision of Lot 13,
Block 11 to Lot 14, Block 11 of Churchill, Nelson and Slaughter Addition. Lot
13, Block 1[. is located at 1020 South Fifth Street in the RB, Two Family
Residential District. Dennis and Marge Galowitz, Applicants, presented the
proposal.
Mr. Galowit stated that this subdivision would clear up the title on the
property since their garage is presently 10 inches over the property line.
Don Valsvik made a motion to approved the subdivision request. Seconded by
Gary Funke. ALL IN FAVOR.
5. Case No. PUD/91-58 - A Planned Unit Development and Resubdivison for tne
constructioll of t\-IO duplex units at 310 Norttl Second Street in the RB, Two
Family Resi~ential District. BARK Properties, Applicant.
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Mr. Russelllpresented the Planned Unit Development proposal in relation to
density, setbacks, and specific conditions of the site.
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Mr. Briggs,1 reviewed the proposal with the Planning Commission.
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Juff Orff, ~eighbor, questioned the easement when the neighboring property
owners selll their property.
Frank Rhein~erger, representing neighbor Alice O'Brien, has concerns with the
tile syste~ in the walls and the impacts of the development on neighboring
property. .
Duane Elliott questioned the system on the property. He stated this system
outlet should be connected to the storm sewer and not the sanitary sewer on
Mulberry. Attention should be drawn to that concern.
The followi~g conditions were added or changed:
1. No i~crease in run-off to the South.
2. Pres$nt retaining walls be maintained except for a sidewalk access to
North Second Street. These are the walls with the drain tiles.
3. The cistern drain line should be connected to the storm sewer.
Case No. SU~/V/91-59 - A Special USe Permit and Variance for the construction
of a multi-purpose addition to St. Mary's Church. The property is located in
the RB, Two Family Residential district. Richard Olson and Richard Huelsman,
Applicants.
Clark Engler presented the site plan for the proposal. He reviewed the color
and brick w~ictl will pick up details from the churcn. They also want to save
the two maple trees t the rear of the property. The new site plan will reflect
this.
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Du ne Elliott questioned the parking in the area. Dick Huelsman stated the
si e plan has been changed to reflect the new parking arrangement. Tile change
in grade of the property on the driveway will be similar to Richard Kilty's
dr veway.
Mr and Mrs. Medberry, 210 West Pi ne Street, stated there only concern is the
wa 1 of the structure. They would like to see the building pushed back 7-8
fe t.
Je f Johnson, 309 South Fifth Street, said he also had design concerns.
Mr Kilty questioned a retaining wall, which would be two feet from the
si ewalk. He asked if the retaining wall is to protect the footings on tne
bu lding. He also questioned why a kitchen was incorporated into that specific
10 ation. He also asked wrley the elevator could not be relocated. Mr. Huelsman
st ted the elevator needed to be located in an exit corridor.
Fa her Miller stated that this facility will meet the needs of a growing youth
po ulation of the church community. It is also needed for funeral and church
fu ctions at the site.
Huelsman reviewed the lighting which included pedestrian lighting to match
lighting in the church.
Olson also said he would plant five foot shrubs to screen the property.
inage will also be corrected.
Ma k Balay, neighbor, expressed his concern about the parking lot improvements
ac oss the street. He said these issues have been identified and resolved with
th church. He has no problems with the project as proposed.
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Mr Fontaine restated the IIConditions of Approval II as written and added
co ditions regarding drainage and driveway slope, 'east instead of west.
Ga y Funke made a motion to approve the Special Use Permit and Variance as
pr posed. Seconded by Darwin Waldo ALL IN FAVOR.
Je ry Fontaine made a motion to adjourn. seconded by Angela Anderson. ALL IN
FA OR.
Th meeting adjourned at 10:30 P.M.
Respectfully submitted,
Ann Terwedo
Substitute Secretary
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 91-231
American Linen Supply
Ameridata
A T & T
Carson Map Company
Century Laboratories
Courier, The
Crysteel Distributing, Inc.
Deblon, Diane
Ecolab Pest Elimination
Flexible Pipe Tool Company
Gagnon Printing Company
Glaser, Paul
Goodin Company
Gordon Iron and Metal
Grindstone, Inc.
G & K Services
Home Decorating Center
1. C. B. o.
Jim's Bldg. Maintenance
J. L. Shiely Company
Johnson Bros. Corporation
Lake Country Door
Lind, Leslie & Gladys
Magnuson, David
Metro Waste Control Corom.
Metz Baking Company
Mn. Cellular One
Northern States Power Co.
Northern States Power Co.
Postmaster
Public Employee Retirement
Assn.
Russell, Stephen
St. Croix Drug Company
Schwantes, Inc.
Short Elliott Hendrickson
Simonet Furniture Company
Snap on Tools
STAC Manufacturing
State Chemical Mfg.
Stillwater Gazette
Suburban Propane
Sweeney Bros. Tractor, Inc.
Tower Asphnalt
United Bldg. Centers
Wardell, Leslie
Washington County Public
Health
Yocum Oil Company
Linen Service $
Printer Cable
Long Distance Calls
Revision Pages
Hand Cleaner/Ice Melt
publications
Leg Bracket
Health I"fisurance
Pest Control
Hose and Pipe
Business Cards-Terwedo
Boiler Engineer
Pipe
Oxygen/Gas
Ice Knives Sharpened
Rugs-Mops/Uniforms
Paint-Downtown Park
Membership
November Charges
Salt/Sand
Manhole/Catch Basin
Repair Service Doors
Land Purchase
Legal Services
Sac Charge
Concession Supplies
Mobil Phones
Energy Charge
Street Lighting
Permit Mailing
PERA For Brad Allen
Lunch - DNR
Collecting Utility Bills'
Repairs-Water Heater
Engineering
GE Refrigerator
2 Screw Drivers
Repair-Damaged Cylinder
Ice Melt
Ad - Volunteer Fireman
Propane
Grader
B lack top
Door/Misc. Supplies
Clothing Allowance
Food License-Arena
Fuel Oil
28.00
29.89
22.89
126.25
455.49
140.04
97.76
219.23
195.00
560.24
25.00
200~00
381. 15
43.00
30.00
780.48
249.00
150.00
726.60
3,433.04
959.30
742.50
927.00
4,473.00
3,920.40
82.72
67.42
7,759.16
9,374.67
75.00
1,706.15
20.00
9.10
964.71
3,694.78
1,299.00
19.01
262.57
505.10
131. 20
63.85
77,500.00
67.10
222.64
150.97
185.00
297.75
MANUAL CHECKS-NOVEMBER
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Bertalmio, Lynne
Blue Cross/Blue Shield
Gannon's Auto Body
Junker Sanitation Service
Mn. Department Revenue
Mn. Correctional Facility
Postmaster
Postmaster
Stafford, R. H. Washington
County Treasurer
Stillwater Area C of C
Expenses
November Billing
Repair Squad
November Payment
October Sales TAx
Cards-Wardell
Permit Mailing
Postage for Meter
108.25
4,007.10
891. 67
72,000.00
227.04
32.00
776.21
1,000.00
Recording Fees
Reimburse Block Parties
64.00
6,219.00
ADDENDUM TO BILLS
Beberg, Byrdie
Business Machines Sales
Courier, The
Goodwill Industries
G & K Services .
Harvest States GTA
Johnson Bros. Corporation
Junker Sanitation'Service
Junker Recycling
Lake Country Chapter
Lawson Products
Majeski, David
Mn. Cellular One I
Mn. Correctional facility
N. W. Chapter FBI1NA
Professional Dev. Group, Inc.
St. Paul Pioneer ress
Short Elliott Hen,rickson
Stafford, R. H. W~shington
County Treasuret
Stafford, R. H. W~shington
County Treasurer
Viking Safety Pro~ucts
Typing
Mte. Contract
Publications
November Expenses
Uniforms
Snow Shovel
Payment No. 5
Snow Removal
November Charges
Membership
Misc. Supplies
Boxes
}1obile Phones
Printing
Dues-Timothy Bell
Consulting
Ad-Parking Control
Engineering
95.00
75.00
87.00
606.75
1,052.36
22.85
868,643.07
19,185.00
8,167.50
20.00 a
240.03 ..
132.00
5.55
230.40
20. 00 ~
-5, 77S. eo '1~~,Od
Officer 77.00'
552.51
Property Listings
419.00
Response Area Map
2 Vests
175.00
51. 34
Adopted by the Council this 3rd Day of December, 1991.
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APPROVED FOR PAYMJtNT
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CONTRACTORS APPLICATIONS
e December 3, 1991
Jim Adams Unlimited General Contractor New
9199 Jane Rd. No.
Lake Elmo, Mn. 55042
Alpha Mechanical Plumbing, Sewer & New
9177 Davenport St. N.E. Water Contractor
Blaine, Mn. 55304
C & N Sewer & Water, Inc. Excavators Renev/a 1
19880 Quinnell Ave.
Scandia, Mn. 55073
Enerjac Construction General Contractor New
1688 Strawberry Hill Rd.
Afton, Mn. 55001
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New Castle Builders, Inc. General Contractor New
2961 Inwood Ave. No.
Lake Elmo, Mn. 55042
Perry Excavati ng Excavators New
9665 292nd Street
Chisago City, Mn. 55013
I
e I Paul W. Teske General Contractor New
1806 No.Broadway
Still wa te r, Mn. 55082
MISCELLANEOUS APPLICATIONS
Uni ted States Bench Corp. Renev/a 1
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1992 REGULAR ON SALE LIQUOR LICENSES
J.L.H. Inc.
John's Bar
302 South Water street
Renewal
stillwater River Inn Inc
! Popeye's on the River
422 East Mulberry
Renewal
Trump's Grill and Bar
317 South Main Street
Renewal
Dock Cafe
425 East Nelson street
Renewal
st. Croix Club Bar and Restaurant Inc.
423 South Main Street
Renewal
The Lowell Inn
102 North Second Street
Renewal
Brine's Inc.
219 South Main Street
Renewal
Pleasure's at Oak Glen
Oak Glen Country Club
1599 McKusick Road
Renewal
Cat Ballou's
110 - 112 North Main Street
Renewal
Hidden Valley Lounge
231 East Myrtle Street
Renewal
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1992 SUNDAY ON SALE LIQUOR LICENSES
J.L.H. Inc.
j- hn' s Bar
3 2 South Water Street
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S illwater.~Ri~~r Inn Ine
p pe~1 S on the River
"A 2 East Mulberry
Renewal
Renewal
T
3
Renewal
pIS Grill and Bar
South Main Street
D ck Cafe
4 5 East Nelson Street
Renewal
S Croix Club Bar and Restaurant Inc.
4 3 South Main Street
Renewal
Lowell Inn
North Second Street
Renewal
ine's Inc.
9 South Main Street
Renewal
easure's at Oak Glen
o Glen Country Club
1599 McKusick Road
Renewal
Ballou's
- 112 North Main Street
Renewal
~idden Valley Lounge
131 East Myrtle Street
Renewal
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1992 CIGARETTE LICENSES
FOR CITY COUNCIL APPROVAL
DECEMBER 3, 1991
St. Croix Club Bar and Restaurant
423 South Main street
Pleasures at Oak Glen
1599 McKusick Road
Cat Ballou's
112 North Main street
Trump's Deluxe Grill & Bar
317 South Main Street
The Lowell Inn
102 North Second Street
Brine's Inc.
219 South Main Street
River Oasis Cafe
806 South Main Street
Popeye's on the River
422 East Mulberry Street
Hidden Valley Lounge
231 East Myrtle Street
Renewal
Renewal
Renewal
Renewal
Renewal
Renewal
Renewal
Renewal
Renewal
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WASHINGTON COUNTY
BOARD OF COMMISSIONERS
GOVERNMENT CENTER
14900 61stSTREET NORTH, P.O. BOX 6. STillWATER. MINNESOTA 55082-0006
Office: (612) 430.6003 Fax: (612) 430-6017
Sena or David Durenberger
1020 Plymouth Building
12 S. Sixth Street
Minn apolis, MN 55402
RE: National Highway Act
Dear Senator Durenberger:
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As you are aware, Minnesota and Wisconsin are cooperatively
planning a new St. Croix River Bridge near Stillwater. What will
happen to the existing lift bridge is still an unanswered ques-
tion. This bridge is important to Stillwater. The bridge is on
the National Register of Historic Places, and it is one of the
points of interest that defines this historic city.
The final disposition of the bridge will be dependent on the
limited financial resources of the local communities. We under-
sta d that a new National Highway Act is being considered by a
joi t Transportation Conference Committe~ (S1204, HR2950). We
urge development of a final bill which includes ample funding to
add ess historic preservation in transportation planning.
Fed ral funding for historic preservation, including operation
andJmaintenance, would be an important factor when the final
opt4ons regarding this bridge are weighed.
Was ington County supports national legislation that keeps
imp rtant historic places. The St. Croix River Valley and the
Sti lwater lift bridge would benefit from a Transportation Act
tha keeps historic, scenic, and cultural resources as a high
pri rity in transportation planning.
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Was~ington County Board of Commissioners
cc: I Representative Sikor~ki
I Representative Oberstar
I ~i ty of Stillwater
Washington County Commissioners
DGS DCW/slj
Printed on Recycled aper
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION
Dennis C. Hegberg
District 1
Mary Hauser
District 2
Sally Evert
District 3
Phillip R. McMullen
District 4
Donald G. Scheel
District 5/Chairman
/~~!!~~'o~
!....~. ,~.'
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Bill.", III ...
Board of Trustees
Minutes
November 5, 1991
Present: Buck, Cass, Childs, Engebretson, Hansen, Ruch, Schmidt,
Welshons, and Bertalmio.
1. Call to order:
There being a quorum present the meeting was called to order at
6:32 pm by President Hansen.
2. Adoption of the agenda:
Absent any action to change agenda accepted as mailed.
3. Publio Co_entary: None.
4. lIinutes:
Moved to accept the minutes as mailed. Seconded; passed
unanimously.
Co..unioations: None
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5. Finanoe report and payment of bills:
Moved to pay bills in the amount of $6,6770.57. Sip unanimously.
Director gave summary report covering quarters 1-3 noting that we
were underspent; expect to spend our budget.
6. Committee reports:
Ad.inistration - Director reported that AFSME wishes to open
negotiations.
Budget and Finanoe - Truth in Taxation meeting Tuesday November
19 at City Hall.
Building and Grounds - Outside painting is done; heating and
air conditioning work is done; "no problems" remaining on roof.
Planning - None.
Publio Relations - Will review building for handicapped
accessibility; will procure a supply of poster templates
featuring the SPL book bag logo for posters; will develop
publicity about Rivertown Restoration gift for framing prints.
Speoial Projeots - Moved to authorize Committee to spend up to
$100 for seasonal plants; seconded; passed unanimously.
Children's librarian will be asked to organize a "mitten tree".
WCL Liaison Report - Noted that WCL had a staff recognition
day. Proposed that SPL consider a like effort.
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7. Old Business:
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A. IPublio Aooess Catalog - Dynix is taking. a hard stance in e
negotiations. Re expansion of hardware Dynix appears to be .
unwilling to guarantee adequacy unless WCL acoepts Dynix hardware
specification.
B. iKeeting Roo. Rental Fee for For-Profit Groups - Director
offered Document A as a proposal. After discussion it was moved
to I accept A in principle with Director to present a final draft
totthe Deoember meeting of the Trustees. Seoonded; passed
un nimously.
C. Long Range Plan - Motion to aocept Document B, to refer it
tOlthe Planning Committee, and to ask for a report in January
19~2. Seconded; passed unanimously.
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D.WCL/SPL Automation Contraot Review - Schmidt and Ruch
expect that over 90% of the present contraot will be retained in
th, new contract. They would like to see some changes in the
cort-Sharin9 formula and in the remedies for non-performance.
Sinoe SPL serves many users outside of Stillwater taxing area
they propose that it would be more equitable for cost-sharing
to be based on population ratio rather than on circulation
ratio.
They propose that WCL should deliver to SPL whatever servioes ~
Dynix delivers to WCL. Failure to do so would be non- ~
performance and SPL should be able to seek redress and remedy.
E. i Co_unity Pooled lnoo.e Fund - Buok and B Bertalmio are
attending olasses sponsored by St. Paul Foundation and will
report in December.
F.I Co..unity Progra_ing - Advisory Committee on CODDDUnity
Pr?gramming is meeting and working. Direotor reports that
Co~ittee is enthusiastio about their work and expeots great
tht'ngs.
G.jStatistios Review - Dooument C includes selected statistics
fo-r; perusal.
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H. ~I Joint Board Keeting - Scheduled for Thursday, November 21,
at Bayport Public Library. Sooial hour at 6:00 and Speaker Terry
St ne on the relationship of Boards with Boards at 6:45.
8. .bw Business:
A.t' Parting
st y tuned.
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- Situation is developing; SPL is "in the right";
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B. Pay Equ~ty - Will likely oontinue as in the past.
e. Publio photooopier - Bids in hand for replaoement,
D. Bon-Resident Fee - In order to be in oomplianoe with
Minnesota law it was moved to set Non-Resident Fees at $45 per
year. Seoonded; passed unanimously.
E. Loft Progra. - Miohael Lindvall will read from his new book
"The Good News from North Haven" 10:30 am Saturday, March 23.
9. Presidents Report - Hansen read a letter resigning from the
Board effective December 31, 1991. Moved to aocept with regret.
Seoonded; passed unanimously.
10. Direotor.s and other staff reports -
Director's report was handed out.
Annual Report for Stillwater Publio Library for 1990{sio) was
handed ou t .
Board oongratulated Direotor on her eleotion to servioe as MLA
Legislative Chair.
Board noted the "gusto" with whioh Gail is working.
Board expressed thanks to Don for his long and effeotive servioe.
Christmas Party is set for Deoember 18 at Lynne's home at 7:00
pm. Bring goodies.
11. Adj ourDJIent -
The agenda items being oompleted and no other business being
before the Board President Hansen adjourned the meeting at 9:16
pm.
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III ~ IMIrB ..-.,
IUII\Nt=Ir, KIf 11.11
Board of Trustees
l1inutes
October 1, 1991
Present: Cass, Childs. Hansen. Kalinoff. Ruch. Welshons. and
Bertalmio.
1. Call to order:
There being a quorum present the meeting was called to order at
6:43 pm by President Hansen.
2. Adoption of the agenda:
With the addition of items 8.D and 8.E agenda accepted as mailed.
3. Public Co_entary: None.
4. Dinutes :
notion to accept, with corrections, the minutes for August 6,
September 9. and the special meeting of September 21. Seconded,
passed unanimously
Co_unications:
Noted check from Rivertown Restorations for $400; to assist in
framing of various historical documents.
Noted check from $300 from Washington County Friends of the
Library.
Noted that St. John's University will host a retrospective
architectural exhibit honoring l1eyer, Scherer, and Rockcastle.
5. Finance report and payaent of bills: noved to pay bills in
the amount of $6,326.52. SIp unani.ously.
6. Coaaittee reDorts:
Adainistra tion - Later.
Budget and Finance - Noted that the Truth in Taxa tion hearing
will be held November 19.
Building aDd Grounds - Report was handed out.
Planning - Staff will respond in November to planning document.
Public Relations - Noted architectural award story. Jan Brewer
has assignment to prepare stories.
Special Projects - None.
VCL Liaison Report - Noted WCL book sale.
7. Old Business:
A. Public Access Catalog - WCL/Dynix/Consultant negotiations
contiue. Will likely be discussed in WCL/SPL meeting on Oct. 2.
B. l1eeting Room Rental Fee for "For-Profit" Groups - Reference
Desk is having problems distinguishing non-profit from for-
profit. Following discussion Director will propose a solution.
C. None.
D. WCL/SPL Contract Review - Schmidt is working on proposed
language. e
E. notion that SPL participate in St. Paul Foundation Community .
Pooled Income Fund. Seconded/Passed unanimously.
F. Community PrograJll. - Commi t tee on Communi ty Progra:uring
continues to meet; expects to bring a report including a mission
statement and a vision for a successful program to the December
1991 meeting. notion of support; seconded/passed unanimously.
G. Other - None.
8. Ie.... Business:
A. StatiS!iCS Review - Director asked for comments about nature
of Statistical Report the Board would like to see. Following
discussio Director will give response in November.
B_ Joint Bloard neeting - Director will arrange for November.
C. Board Vacancies - President reported that incumbents whose
appointments expire are elegible for and wish to be reappointed,
He will ask the tlayor to do so.
D. Bid to Clean and Repair Air Conditioning System - Director
described problems with air conditioner prOblems and proposed a
solution. ; notion to authorize Director to accept a bid from
Equipment ISupply Inc. in an aJIl.ount not to exceed $1,320 for
specif ied Irepairs.
E. Discuss!ion of Parking Problems in Back of Library - Director
reported t~t parking by occupants of and visitors to building
north and least of back parking lot are parking in the library lot
and interfering with library use ot that lot. She is pursuing
problem wi,th City Attorney and looking into other remedies.
9. presid1ts I!eport - _ed out.
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10. Directqr' s and other stat t reports - Handed out.
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11. Adjourtent-
The agenda items being completed and no other business being
before the Board President Hansen adjourned the meeting at 8:16
pm. I
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lUll_kif.. a 11111
Board of Trustees
lUnutes
Special meeting September 21, 1991
As corrected
Present: Buck, Childs, Hansen, Ruch, Schmidt, and Bertalmio.
1. Call to order: There being a quorum present the meeting was
called to order at 9:12 am by President Hansen.
2. notion to authorize the Director to write a check to cover
advance registrations for the nFLA aeeting; this will allow SPL to
get substantial advance registration discounts. SIp unanimously.
3. notion to authorize Director to have various art objects
appraised by W. Kramer. SIp unanimously.
4. Following a discussion of Saint Paul Foundation Community Pooled
Income Fund as related to Stillwater Public Library Endowment Fund
for Community Programming it was agreed by those present to report
at the October meeting of the SPL that it was a consensus of those
present to:
Continue the effort to develop said Endowment Fund;
Recommend that the CPIF be a part of that effort; and
Form an advisory committee of community leaders.
5. Following a discussion of Community Programming that emphasized
Unext year II programming (in which was noted the need f or funds and
that the Committee on Community Programming will soon meet) it was
the consensus of those present that we should continue with the
Community Programming project, but that it was important to develop
a statement describing our intent. (It was not clear whether that
statement should be broad or concise; perhaps a broad statement for
the long run with clearly stated directions for the near term.)
6. Adjournaent - President Hansen adjourned the meeting at 10: 05
am.
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LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF 8: VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE.J. ECKBERG
.JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK .J. VIERLING
VICKI L. GIFFORD
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS.J. WEIDNER
(612) 439-2878
FAX (612) 439-2923
November 26, 1991
TO:
Mayor Wally Abrahamson and Members of the Stillwater City
Council
Dear Mayor Abrahamson and Members of the stillwater City Council:
I wish to advise you that I represent Bob and Linda Hinz,
the owners of John's Bar located at 302 South Main street in
Stillwater. As I believe the Mayor and Council are aware, my
clients claim that their property has been damaged as a result of
the construction activities related to the downtown improvement
project.
Enclosed please find a copy of a letter dated October 15,
1991, written by my clients to Johnson Brothers Construction, and
a copy of all of the correspondence and attachments referred to
therein. The Mayor and members of the City Staff had actual
knowledge of my clients' complaints at the time that the damages
first occurred, and I believe that the enclosed information is
self-explanatory. It is my opinion that my clients are entitled
to have the damages repaired, or in the alternative, they would be
entitled to monetary damages to cover the out-of-pocket costs which
they have incurred and will incur regarding the negligent
activities of the City and its employees and agents.
It is my understanding that you will refer this matter
to the City insurance carrier for the purpose of determining
whether or not coverage exists for this claim. I would appreciate
ei ther a representati ve of the City's insurance carrier or a
representative of the City contacting our office prior to December
31, 1991, for the purpose of discussing this matter in further
detail.
above.
Thank you for your anticipated cooperation regarding the
JFL:dmr
Enclosure
c: Nile Kriesel
Bob & Linda Hinz
.:_~ry truly y-?urs~}
/' .~"_"V1 / ~"..-..'/'/~
'-..._~~,~~.,..- {c-'-" .,." (-
Jam sF. ba-mn{ers
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October 15, 199
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Johnson Brothers Construction
421 S. Main St.
Stillwater, MN 55082
Attn:
Mr. Harold John~on
Dear Mr. Johnson:
Please find enc~osed copies of our original claim of July 11,
1991. Also enc~osed is a copy of the letter written to the Mayor
of Stillwater informing the city of the damage which we incurred
at 302 S. Main Street, Johns Bar, as a resu~t of the construction
downtown.
In response to our claim and the letter, Johnson Brothers sent
A. Kaehler Door. Company to fix our door on July 22, 1991. They
replaced the top hinge and ground down the threshold. After the
repairman was f[nished, he stated to Bob Hinz that the repairs
would not hold and were only temporary. Bob Hinz contacted Tim
Moore the next day to check the door. Mr. Moore could not easily
open or close the door and he noted there was still a problem
with the door.
Because of negligence, water damage occurred to our foundation on
July 11, 1991. Johnson Brothers proceeded to dig along our wall
to fix this damage on July 30, 1991. After digging down to the
bottom of the fbundation they applied Gibson Hans Roof Tite and
pol y over this.. This procedure was done against our wishes which
we stated to Mrl. Johnson and Tim Moore.
We then contact~d our attorney, James Lammers, and he immediately
called City of ~tillwater and talked with Nile Kriesel, Mr. Moore
and David Junker. Mr. Lammers informed them we did not agree
with the materials which were being used to repair the wall. We
advised everyone we had contacted several contractors prior to
this and had be~n informed of the proper procedure to fix this
type of damage. 1 Johnson Brothers stated this is all they were
authorized to db from the city. We were later informed that Dick
Moore was the p~rson who authorized this procedure.
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On August 2, 19f1, it rained, we checked our basement and found
we had wa ter inl the basemen t. We immed ia te I y con tacted Tim
Moore. He came ~o our business and saw there was water in the
basement. I canhot tell you how upset we were to see what we had
predicted had happened.
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At this point we contacted the city, Johnson Brothers and David
(Choc) Junker to let them know about the situation. They all
assured us once the sidewalk was put in we would not have any
more water in our basement. We did not agree, once again, with
their statement, therefore, we contacted our attorney.
Mr. Lammers again contacted Mr. Moore and Mr. Junker stating our
displeasure, he advised them we wanted it dug out again and fixed
right. They told Mr. Lammers the same thing they had told to us,
once the sidewalk is in we (John.s Bar) wouldn't get any water in
the basement. However, should this happen they would at that
point redig.
The sidewalk was replaced on September 9, 1991. On September
11th and 13th it rained. We checked our basement and were
sickened to find we once again had water in the basement. The
following day we contacted the city to inform them of this
situation. The mayor, Wally Abrahamson, said he would inform the
contractor and the city council.
We have enclosed pictures of the damage to our building. The
pictures of the north side of our building are a result of Pete
Miller's removal of our sidewalk, Johnson Brothers and Arkon Co.
We were appalled at the amount of damage to our building. Prior
to this, I had personally discussed with Johnson Brothers our
concerns about removing the sidewalk. I had asked them to please
be careful not to hit our building because it is stucco with very
soft brick under it and this would be very difficult to repair.
Our parking lot has also been damaged by Arkon and Northern
States Power. Arkon damaged it when they removed the cement and
NSP dug up the whole width of our parking lot to lay cable.
We have enclosed bids for the repairs to the parking lot from
Brochman Blacktopping. The bids also diagram the damaged area
which needs to be repaired. We will pay for the other part
which was not damaged.
Richert Decorating submitted his bill for repainting and
patching the building.
George Olsen Construction's bid is for the repairs to the crack
in the back of the building and to the door frame which was also
damaged.
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Page 3
We did not enclose a bid for the water damage to our foundation.
We have contacted Cramer & Davis Waterproofing and have been
informed they do not do excavation or cement work, only
waterproofing. They could not give us a bid because they would
have to see the wall when it is exposed. We were also informed
the material used to repair our wall was not appropriate and the
plastic s~ould not have been used.to cover the tar.
We hope y~u will give this matter your immediate attention. We
want to resolve this situation as quickly as possible.
If you have any questions, please contact us.
numbers are 715-549-6984 or 612-439-9902.
Our telephone
~W~2 !J.. ~,
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Robert an~ Linda Hinz
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Johns Bar I
302 S. Ma~n St.
Stillwater, MN 55082
cc:
J amef. Lammers
City,ofStillwater
Dick'Moore
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MEMORANDUM
'fO:
Mayor and City Council
FR:
City Coordinator
DA:
December 3, 1991
RE:
PUNCH LIST FOR WINTER SUSPENSION OF DOWNTOWN PROJECT
The following is a punch list that I received form Tim Moore on the winter
suspension of the downtown construction. These items will have to be completed
by the contractor before the Johnson Brothers personnel suspend work for the
winter.
Punch List:
1.
2.
3.
4.
S.
6.
7.
8.
9.
10.
II.
12.
13.
14.
Gravel driveway to old warden's house.
Clean up prison yard.
Clean up railroad yard for gravel for parking.
Clean up parking lot behind Village Shop.
Clean up northwest corner of Myrtle and Third.
Clean up Myrtle and Main east side.
Myrtle - Union Alley to Main - pour one inch concrete between
building and sidewalk.
Chestnut and Third - replace missing sidewalk.
Northwest corner - Nelson and Water - replace sidewalk.
Set poles, continue wiring for street lights.
Continue installing paver bricks.
Install street signs.
Remove traffic barrels northeast corner of Main and Mulberry.
Install temporary lighting for Lowell Inn parking lot.
If you have other items that you think should be added, please give them to me
and I will pass them on to Tim.
:::.1-1 "-1
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3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 5S11O 612490-2000
ENCINEERS. ARCHITECTS. PLANNERS
December 2, 1991
RE: STILLWATER, MINNESOTA
LOWELL INN/RIVERVIEW COMMONS
PARKING LOT
SEH FILE NO. 90019
Mr. Art Palmer
Lowell Inn
102 North 2nd street
Stillwater, MN 55082
Dear Mr. Palmer:
It has been called to our attention by Mr. Steve Russell,
Community Development Director, that you do not intend to
construct the retaining wall on the west side of your parking lot
until the spring of 1992.
We are concerned about the retaining ~all not being constructed
until the spring of 1992 because of .~he possibility of erosion
problems from the high bank on the west side of the parking area,
since all of the vegetation has been !9tripped from the hillside.
We feel it might be a problem in the spring, with the erosion
that could occur off the bank, to complete the parking area in a
timely fashion.
Would you please respond to SEH regarding this matter and inform
us of your intentions. We would like to urge you to continue the
construction of the retaining wall this winter.
Sincerely,
Richard E. Moore, P.E.,
City Engineer
REM/wrc
cc:
Mr. Steve Russell, Community Development Director
Mr. Nile Kriesel, City Coordinator
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-.~.~.
\.,)v
SHORT ELLIOTT
HENDRICKSON INC
ST PAUL,
MINNESOTA
CHIPPEWA FALLS.
WISCONSIN
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~SaJ
NCINEERS. ARCHITECTS. PLANNERS
3535 VADNAIS CENTER DRIVE, 5T. PAUL, MINNESOTA 55110 612490-2000
December 2, 1991
RE: STILLWATER, MINNESOTA
DOWNTOWN IMPROVEMENTS
S.P. 8210-88 (T.H. 95 = 095)
S.P. 8214-106 (T.H. 36 = 045)
S.A.P. 169-106-04
S.A.P. 169-104-06
CITY PROJECT NO. L.I. 257
SEH FILE NO. 89255.02
Mr. Steve Vo1brecht, Project Engineer
Johnson Brothers Corporation
Suite 421C
421 South Main Street
Stillwater, MN 55082
Dear Mr. Volbrecht:
We would urge you to consider some of:; the requests that the City
Council made at their meeting on Tuesday, November 26, 1991
regarding the extension of time on the, above referenced project.
More specifically, would be to consider the possibility of paving
the wearing course on Main Street and on Chestnut Street in the
evening hours or at least during off peak traffic hours.
The City Council also would like assurance from Johnson Brothers
Corporation in writing that you will make every effort to restart
the project as early as possible in the spring of 1992 and that
you will commit your subcontractors until the project is
completed or their services are no longer required.
In the interest of harmony for the remaining portion of the
contract and to provide assistance for the City of Stillwater, we
will make every effort possible to keep the project flowing
smoothly in the spring and summer of 1992.
Please let me know what the ramifications of night paving may be
and get back to me as soon as possible.
HORT ELLIOTT
ENORICKSON INC
CHIPPEWA FALLS,
WISCONSIN
ST PAUL,
MINNESOTA
Mr. steve Volbrecht, Project Engineer
December 2, 1991
Page #2
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If you have any questions or would like to meet on this matter,
please contact me at 490-2016.
Sincerely,
Richard E. Moore, P.E.,
City Engineer
REM/wrc
cc: Mr. steve Russell, Community Development Director
Mr. Nile Kriesel, City Coordinator
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3535 VADNAIS CENTER DRIVE, Sf PAUL, MINNESOTA 55J 10 612 490.2000
ENel EERS. ARCHITECTS. PLANNERS
December 2, 1991
RE: STILLWATER, MINNESOTA
DOWNTOWN IMPROVEMENTS
S.P. 8210-88 (T.H. 95 = 095)
S.P. 8214-106 (T.H. 36 = 045)
S.A.P. 169-106-04
S.A.P. 169-104-06
CITY PROJECT NO. L.I. 257
SEH FILE NO. 89255.02
Sandra R. Boehm and Associates, Ltd.
Attorneys at Law
2310 American National Bank Building
st. Paul, MN 55101
Attn:
Ms. Carole Ryden
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Dear Ms. Ryden:
"
Please find enclosed copies of Change .Order No.ls 3, 4, 8, and 10
and copies of Supplemental Agreement{ No. IS 2, 5, and 6 as you
requested; these have been approved by the Minnesota Department
of Transportation.
If you have any questions, please do not hesitate to contact the
undersigned at 490-2016.
Sincerely,
Richard E. Moore, P.E.,
City Engineer
REM/wrc
Enclosures
cc: Mr. David Magnuson, City Attorney
Mr. Nile Kriesel, City Coordinator
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SHORJ ELLIOTT
HENOT<SON'NC
5T PAUL,
MINNESOTA
CHIPPEWA FAL/5,
WISCONSIN
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Legislative
Contact
s$ociation of
etropolitan
uniclpalitiee
December 2, 1991
Alert
TO: Mayors, Managers/Administrators and Legislative Contacts
FROM: Vern Peterson, Executive Director
RE: PUBLIC HEARING - METROPOLITAN AREA WATER SUPPLY PLAN -
DECEMBER 12, 1991, 4:00 P.M. AT METROPOLITAN COUNCIL CHAMBERS
Your Help Is Needed! Several months ago, the AMM informed you that
the staff at the Metropolitan Council wa~ developing a regional water
supply plan for this area. Our main concern at that point in time
was that one of the options being explored by the Met Council Staff
was making water supply a metropolitan system as defined in M.S. 473
(The Metropolitan Land Planning Act). That would have given the Met
Council the same authority for water supply as it has for sewers,
airports, transportation, and parks and open space.
After a number of meetings and discussions between the AMM and
Metropolitan Council members and staff, the Metropolitan Council
decided to recommend that water supply not become the fifth
metropolitan system. However, as delineated in the proposed draft
'Metropolitan Area Water Supply: A Plan for Action'; there are a
number of recommendations that are troublesome to AMM staff and
should be reviewed carefully by your City. Many of these
recommendations would require legislative action. The
recommendations are listed on pages 48-50 of the subject document. A
copy of the proposed draft has been mailed to each city and
additional copies may be obtained by calling the council's Data
Center at 291-8140.
The most troublesome recommendations are as follows:
1. Recommendation 3 (page 48) suggests that water appropriation law
should be rewritten to require periodic review and reissuance of
water appropriation permits. This could result in permits being
revoked which could play havoc with local water supply systems.
2. Recommendation 6 (page 48) . contains a number of suggested
mandates including legislative involvement in local water
pricing.
183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
ot.C.
3\(}9i
3. Recommendation 9 b) (page 49) suggests that counties become
involved in reviewing and commenting on the water supply element
of local Comprehensive Plans. (Also see discussion in the last
paragraph on page 35 regarding this concern).
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4. Recommendation 9 d) (page 50) suggests the establishment of a
'Metropolitan Water Supply Fund'. The initial funding should be
supplie~ by a $1,000,000 appropriation from the Legislature
according to the recommendation. However, there are several
other financing options listed in the discussion section on pages
40 and 41 including a municipal surcharge. Should there even be
a Metropolitan Water Supply Fund is a major concern to many local
officials.
ACTION REQUESTED: Please review the draft proposal for 'Metropolitan
Area Water supply: A Plan for Action' and make the Metropolitan
Council aware of any concerns your city has with this proposed plan.
Your concer~s and comments may be presented at the Public Hearing on
Thursday, D~cember 12 at 4:00 P.M. in the Metropolitan Council
Chambers. !Written comments will be accepted by the Council until
4:30 P.M. on Friday, December 27, 1991.
Please send I a copy of any written comments
(Vern Peter~on, AMM Office, 183 University
Minnesota 5$101).
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to me at the AMM Office!
Ave., East, st. Paul,
THANK YOU!
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Distribution Note: This alert has been mailed directly to all member
Mayors, Man~gers/Administrators and Legislative Contacts.
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p~ 1~ ~1Uk:d eruut.cd
"
N ve~~er 21, 1991
ar Mr. Mayor:
Q community of Prairie Island requests your Assistance in
spon~inq to a dangAroll8 proposal trom Northern States Power
cmpany. This proposal involves the storage ot sptnt fuel
r de in a separate faoility on the 9~ounds of the plant.
T . proposal to build this fAOility is ourrently before the
M nnesota Public Utilities Commisaion. On ~ehalf of the
P airie Island Trioal Council I would like to urqe your
s pport tor the tribal position. The Oak Grove Township has
e pressed their position in a letter to the P.u.c., enolosed.
T is is a national issue that should not emperil the local
c mmunities with untested technoloqy. Your support i8 needed!
T e Public utilities Commisssion is hearing this proposal at
t 1s time. Please send a letter or resolution exprecsin9 four
c ncern tor this proposal by Oece~$r 15, 1991. Please mall
t
Judge Klein
Minnesota Public utilities commission
700 Amerioan Center Building
150 East Kel10qq Blvd.
St. Paul, MN 55101
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Sinc~;;;~
Dale R. Childs
Pt'"esident.
en r
Oak Grove Township letter of Ootober 21, 1991
Prairie IslanQ Trioal a.solution 91-115
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p~ 1~ <JJU&a1, e~
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RESOLUTION 91-115
WHEREAS, The Prairie Island community Council has the authority under
the provi.iona ot the Indian Reorganization Act ot 1934 (49
sta~. 984), and i. governed under the te~. of a
con$titution and bylaw. adopted by the Tribal members on May
23,: 1936, ana approved by the Secretary ot the Interior on
June 20, 1936; and
WHEREAS, Northern states Power Com~Ahy has been operating on land
adj~cent to th$ Prairie Illand Indian Community for over 18
years: and
,
WHEREAS, Th.:Prairie Island Tribal Counoil ha. been reooqnized by
N.S.P. as the 9overn1ng body tor the Prairie I.land Indi~n
COllQDunitYI and
WHEREAS, TheiPra!rie Island plant do~. hot contribute to the Prairie
Isl.nd Indian Community in any just way, 4It
NOW THEREFOR$ BE IT RESOLVED, that the prairie Island Tribal Council
goes on recotd opposing N.s.p.'a request for a certiticate of need to
construct anion-aite temporary storage fao111ty for .pent nuclear
fuel. I
CERTIFICATION
This resolutton wa. passed at an executive ~eetinq ot the prairie
Island TriDa~ council with a quorum present with a vote ot 5
for, 0 a~ainst, abstentions, on 11/19 t 1991.
.od.~\C'&' ~r'~ /7~~~:4
PRESIDENT/OA~ R. CHILDS ~~f~{~DtRT/~~~~
~~ '~if.WA/
SECRETAR;/J~Y ~;NSON TREASURER/VINE H. WELLS
~~
AS~EC-TREAS/JIM WHITE
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October 21, 1991
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To: MN. Public Utilities Commission
700 American Center Bldg.
150 E. Kellogg Blvd.
St. Paul, MN 55101
RE: THE PROPOSED NSP CO. I~DEPS~DE~T SPE~T FUEL STORAGE
I~STALLATION
Dear Commissioners:
~e, the community of Oak Grove Township, located in Pierce
County, ~isconsin, need to express our concern on NSP's .
proposal to build an Independent Spent Fuel Storage Installa-
tion at their Prairie Island Facility.
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Our township is located across the :!ississippi River from the
Prairie Island Nuclear Power Plant and the proposed site for
the Dry Cask Storage of spent fuel rods. ~e are largely a
community of family farms and supporting businesses. we are
the caretakers of this land and are very concerned with the
effects on health and environment that the proposed storage
installation would have if built.
Our concerns about NSP's proposal are as follows:
-
1.) NSP states that their proposed drycask storage site is
a temporary storage of the spent fuel rods, which would be moved
to a disposal site for nuclear waste generated by electrical
utilities and the Department of Defense upon selection and com-
pletior. of such a site by the U.S. Department of Energy (DOE).
DOE has selected Yucca Mountain, Nevada, as the best possible
site for the repository. At present the state of Nevada is in
opposition to the use of their land as a storage site for nuclear
waste.
DOE's responsibility to develop and manage a disposal site
(as required by Congress) has already been delayed by several
years, already at a great expense to the taxpayers.
We are concerned that such a site will ever be developed and
managed in a way that would meet standards of health and saftey
for the individual and the environ~ent. ~e are also concerned
about the safety of transportation of any nuclear waste to such
a repository.
This also raises a number of questions. \vhat right does
~innesota have to force their nuclear waste on Nevada, or for
that matter, any oth~r stite~ Also, what guarantee do we have,
other than NSP's, that Prairie Island will not become a more
permanent storage iite that will accept, or be forced to accept
waste from other nuclear facilities?
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2 . ) N S Pis pro p 0 sin g the use 0 f T :~ 4 0 cas k s . A t pre s e n t the e
TN40 casks a~e not licensed by the ~uclear Regulatory Commission.
Also, the cabks are not transportable, thereby calling for fut~re
handling of spent rods. ~either have they proven to be safe,
other t~an through simulated testing by computor. The little
research that has been do~e brings up ~any concerns and questions
of the durab~lity and safety of the T~40 casks.
Our concerns center around the fact that the M~. Public
Utilities Commission in essence is being asked to certify ex-
perimental t~chnology.
The recri~inations or this decision will fall not only on ~SP,
but more directly on us. Who can fu:ly guarantee that a nuclear
accident is !not in our future, either- man-~ade or by "an act or
God ? " \v' e a re the 0 n est hat \, i 11 1 0 0 s e 0 u :: 1 and s, 0 u rho m e s ,
possibly our lives. Where has NSP looked at the economic and
s 0 c i eta 1 c 0 s !t 0 f s u c h ani n c ide n t : I tis not i nth e i r pro p 0 s a 1 .
3.) We are aware that the Radiological Impact from the pro-
posed dry ~a5k storage facility potentially will meet the yearly
exposure sta~dards establishe~ by the Nuclear Regulatory Commis-
. I
s~on.
Our concern is with the outcome of the study done, titled:
ESTI:IA TED RIS K OF L IFETHIE EXCES S PUBLIC CA~CER OCCURRE~CE FROM
THE PROPOSED :\SP CO. IXDEPE~DE~T SPE:;'T FUEL STORAGE INSTALLATION.
This studv shows that the excess lifetime cancer risk from this
proposed facility would be 23 X 105, assuming the annual average 4t
offsite dose to the nearest residents is 1.79 millrem.
The ~lN De,~artment of Health (MDH), the :IN Pollution Control
Agency (~PC~), and other MN State Agencies have implemented a
pol icy s tat i!n g t hat car c in 0 g e n i c r i s k fro man y sin g 1 e sou r c e
of environme!ntal pollution must be insignificant. The current
level t hat i!s con sid ere d sa f e is 1 X 10:).
We are a~are that NSP has redone the figures on this study
and t hat f r Oim the rev i s ion 0 f the i r fig u res, the y h a v e ~ 0 we red
the excess lifetime cancer risk from 23 X 105 to 6 X 10). We
are also aw~re that NSP has made a decision to move the storage
area 200 ya~ds form where they originally planned the location.
This, they theorize, would eliminate the health risk.
We feel 6hat no matter how NSP reworks the numbers of this
study or wh~re they locate the site, the proposed site still
poses a def~nite health and environmental risk to the surround-
ing communi~y. There is no sare level of exposure to radiation.
4.) We ~re aware that through conservation programs and
alternative !energy sources that are presently available, work-
able, and edonomically at a cost less than the cost or current
pro du c t ion a! t P r air i e Is 1 and, t hat t:1 e X S P P r air i cIs 1 and :I u c 1 ear
P0wer Facil~ty need not even be in operation.
With thi~ in mind our concerns become questions. Why is the
Prairie Island Plant even in operation. when there are economi- ~
cally sound and environmentally safe alternatives to creating ,.,
nuclear was e? Why are you looking at creating more storage
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space for a waste product that ultimately poses a threat to all
living things in the surrounding community?
It does not make sense economically or environmentally to build
this storage facility for spent rods. It is time that ~SP be made
responsible for the "long run" in \.fhat they create, not the short
sightedness that is evident in their proposal.
'.~e 'are concerned because you are in our "backyard." We are con-
cerned because you threaten our well-being, and the lifestyle we
have chosen to live.
Again. we are a community or far~ers and supporting businesses.
~e care for this land we far~. ~e care for the people that farm
it. ~e as farmers are looking toward the future of agriculture
in a way that is environmentally safe for our land and people.
:Iany of us have not stopped implementing the environmentally safe
farming techniques taught to us by our parent3 and grandparents.
We ask that you do the same by providing an alternative to the
production, storage, and future transport of nuclear waste.
Sincerely,
George ~ost, Chairman
Bernard Armbuster, Supervisor
Dennis Gagnier, Supervisor
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