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Home My WebLink About2011-05-03 CC PacketREGULAR MEETING RECESSED MEETING (.te TOE OIOTM ►LACE Of MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 3, 2011 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Police Department Annual Report 2. Fire Department Relief Association update 3. Discussion on Pedestrian Walkway Restroom 4. Armory Project Update 4:30 P.M. 7:00 P.M. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director FEMA Update 9. Public Wks Dir /City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator Budget Calendar 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 13. Possible approval of April 19, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 14. Proclamation: Centenarian Bernice Jessen Day OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or Tess. CONSENT AGENDA (Roll Call) 15. Resolution 2011 -66, directing payment of bills UNFINISHED BUSINESS 16. Possible first reading of Ordinance 1029 amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off -Sale Liquor License (2nd Reading — Roll Call) PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 17. This is the date and time for a public hearing to consider the issuance of a Brew Pub Off -Sale Liquor License to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company located at 1900 Tower Drive, Stillwater, MN, Daniels Joseph Schwarz, et al, applicants. Notice was published in the Stillwater Gazette on April 22, 2011. (Resolution — Roll Call) 18. This is the date and time for a public hearing to consider the issuance of a Brew Pub Off -Sale Liquor License to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company located at 420 Main Street N, Stillwater, MN, Zachary Morgan & Justin Stanley, applicants. Notice was published in the Stillwater Gazette on April 22, 2011 (Resolution — Roll Call) 19. Case No. 2011 -04. This is the date and time for a public hearing to consider both: 1) rezoning of properties that are inconsistent with the 2030 Comprehensive Plan, and 2) possible adoption of an ordinance creating a new zoning district to be known as the PROS (Park, Recreation or Open Space) Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 1, 2011. 20. Case No. 2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011 (Continued from 4/19/11). 21. Case No. 2011 -08. This is the date and time for a public hearing consider a request from Joe Jablonski, US Home Corp, for a final plat and final PUD approval for Millbrook 5th Addition for 37 single family homes located at Outlot H Millbrook Addition and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011. (Resolution — Roll Call) 22. Case No. 2011 -10. This is the date and time for a public hearing to consider a request from BWBR, Steve Erickson, representing Stillwater Area Public School District, for a Zoning Text Amendment to allow early childhood education in the RB, Two Family Residential District by special use permit. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 22, 2011. (Ordinance — 1st Reading — Roll Call) 23. Case No. 2011 -11. This is the date and time for a public hearing to consider a request from Alpine Capital, LLC, for a zoning text amendment to the CTR, Cove Traditional Residential District, regarding garages. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 22, 2011. (Ordinance — 1st Reading — Roll Cali) UNFINISHED BUSINESS (cont.) 24. Possible approval of license for Segway Tours (Resolution — Roll Call) 25. RETAP Energy Audit NEW BUSINESS 26. 27. Possible approval of contract for Crusin on the St. Croix (Resolution — Roll Call) 28. Request for 24/7 parking ramp permit - Allen Okerman 29. Possible approval of agreement of assessment and waiver of irregularity and appeal (Resolution — Roll Call) 30. Possible appointment to Board of Water Commissioners (Resolution — Roll Call) 31. Possible appointments to Heritage Preservation Commission (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Larry Hansen From: Ken Harycki <ken @payrollcps.com> Sent: Sunday, May 01, 2011 7:12 AM To: 'Mainstreet Stillwater IBA' Cc: Larry Hansen Subject: RE: Pay Parking I'II be in Washington but I'll forward this on to Larry to take up on Tuesday at the council meeting Ken From: Mainstreet Stillwater IBA [mailto: mainstreetstillwateriba @gmail.com] Sent: Thursday, April 28, 2011 3:43 PM To: Ken Harycki Subject: Pay Parking Hi Ken, Downtown has suffered greatly the past 5 months due to horrible weather coupled with the bad economy. Numerous shops are doing zero to very little business day after day right now. Now, the minute the levy is taken down, pay parking starts. We just can't get a break down here. What would be the chance of delaying the start of pay parking until art fair weekend? Sherri Hopfe Franke President Main Street Stillwater IBA 1 Thinking About Home Improvements? You may be eligible for a zero interest deferred loan! Washington County the Greater Metropolitan Housing Corporation (GMHC) have partnered to offer the Washington County Owner- Occupied Residential Rehabilitation Deferred Loan Program. No Interest Loan for up to $15,000 Income Limit Gross Annual Income below 60% of the Area Median (e.g. Household of 2: $40,400; Household of 4: $50,400 ) Property Value Taxable value must be Tess than $242,850 Greater Metropolitan Housing Corporation No monthly payments. Loan due upon sale, title transfer, or refinance with cash back. Eligible Improvements . Basic Safety & Livability . Deferred Maintenance . Energy . Accessibility CaII for more info! (651) 486 -7401 HousingResource Center North & East Metro 1170 Lepak Court, Shoreview, MN 55126 www.housingresourcecenter.org FORMAL WALKWAY CONCEPT 0' 10' 20' 40' NORTH SANDERS WACKER BERGLY INC. LANDSCAPE ARCHITECTS & PLANNERS 365 East Kellogg Blvd. Saint Paul, MN 55101 Phone: (651) 221 -0401 Fax: (651) 297 -6817 E —mail: awbincOusinternet.cam LOWELL PARK PEDESTRIAN WALKWAY STILLWATER, MINNESOTA I hereby certify that this plan, specification. or report was prepared by me or under my direct supervision and that I am a duly registered Landscape Architect under the lows of the State of Minnesota. Signature Date: Reg. Number. Project Number. 1024 Drown By. gaj Original Issue Dote: 05/03/11 Revision: Date: Description: FORMAL WALKWAY CONCEPT SHEET: FWC REGULAR MEETING RECESSED MEETING er TYF IINTMOLNCE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 3, 2011 4:30 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. OTHER BUSINESS 4. Police Department Annual Report 5. Fire Department Relief Association update 6. Discussion on Pedestrian Walkway Restroom 7. STAFF REPORTS 8. Police Chief FEMA Update 12. Public Wks Dir /City Engr. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 9. Fire Chief 10. City Clerk 13. Finance 14. City Dir. Attorney Budget Calendar 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. 11. Community Dev. Director 15. City Administrator APPROVAL OF MINUTES 16. Possible approval of April 19, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll CaII) 17. Resolution 2011 -66, directing payment of bills UNFINISHED BUSINESS 18. Possible first reading of Ordinance 1029 amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off -Sale Liquor License (2nd Reading — Roll Call) PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or Tess. 19. This is the date and time for a public hearing to consider the issuance of a Brew Pub Off -Sale Liquor License to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company located at 1900 Tower Drive, Stillwater, MN, Daniels Joseph Schwarz, et al, applicants. Notice was published in the Stillwater Gazette on April 22, 2011. (Resolution — Roll Call) 20. This is the date and time for a public hearing to consider the issuance of a Brew Pub Off -Sale Liquor License to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company located at 420 Main Street N, Stillwater, MN, Zachary Morgan & Justin Stanley, applicants. Notice was published in the Stillwater Gazette on April 22, 2011 (Resolution — Roll Call) 21. Case No. 2011 -04. This is the date and time for a public hearing to consider both: 1) rezoning of properties that are inconsistent with the 2030 Comprehensive Plan, and 2) possible adoption of an ordinance creating a new zoning district to be known as the PROS (Park, Recreation or Open Space) Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 1, 2011. 22. Case No.2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011 (Continued from 4/19/11). 23. Case No. 2011 -08. This is the date and time for a public hearing consider a request from Joe Jablonski, US Home Corp, for a final plat and final PUD approval for Millbrook 5th Addition for 37 single family homes located at Outlot H Millbrook Addition and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011. (Resolution — Roll Call) 24. Case No. 2011 -10. This is the date and time for a public hearing to consider a request from BWBR, Steve Erickson, representing Stillwater Area Public School District, for a Zoning Text Amendment to allow early childhood education in the RB, Two Family Residential District by special use permit. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 22, 2011. (Ordinance — 1St Reading — Roll Call) 25. Case No. 2011 -11. This is the date and time for a public hearing to consider a request from Alpine Capital, LLC, for a zoning text amendment to the CTR, Cove Traditional Residential District, regarding garages. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 22, 2011. (Ordinance — 1St Reading — Roll Call) UNFINISHED BUSINESS (cont.) 26. Possible approval of license for Segway Tours (Resolution — Roll CaII) 27. RETAP Energy Audit NEW BUSINESS 28. Possible approval of Rivertown Art Fair Event & Contract (Resolution — Roll CaII) 29. Possible approval of contract for Crusin on the St. Croix (Resolution — Roll Call) 30. Request for 24/7 parking ramp permit - Allen Okerman 31. Possible approval of agreement of assessment and waiver of irregularity and appeal (Resolution — Roll Call) 32. Possible appointment to Board of Water Commissioners (Resolution — Roll Call) 33. Possible appointments to Heritage Preservation Commission (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Stillwater Police Department 2010 Annual Report Mayor and City Council City Administrator Chief of Police Police Captain Patrol Sergeants (4) Patrol Officers (12) CSO (1) Seasonal CSO (2) Reserves (15) Investigations Administration Sergeant (1) Clerk/Typist (.75) Investigators (2) Code Enforcement (.25) Parking Enforcement Officer (1) Enforcement Officer (.33) 21 Full -Time Sworn Officers, 2 Full -Time Non -Sworn 5 Part -Time Employees 15 Volunteer Employees Year End Total Year End TotaF ....... ..... -ear-End Total Year End Total 2010 2009 2008 2007 ART 1 OFFENSES Homicide 1 2 0 1 CSC 21 17 14 15 Robbery 0 3 3 0 Agg Assault 15 0 14 21 Burglary/Pose Burg Tools 95 51 70 65 Larceny /Theft 509 418 290 275 Vehicle Theft 19 31 25 25 Arson 5 2 5 5 Welfare Fraud 179 213 216 104 TOTALS: 844 737 637 511 PART 11 OFFENSES Assault 83 1 1 9 107 95 Terroristic Threats 14 10 37 25 Theft Related - Fraud /Swindle 397 152 167 140 Forgery 15 20 15 18 Drugs: Pose /Sale /Para 45 55 68 93 Flee /Escape 11 8 13 18 Flee /Escape in Motor Vehicle 1 2 4 2 Gambling 0 0 0 0 Crime Against Family 5 4 9 9 DWI 90 103 101 115 Liquor -AII Other 34 23 46 66 Kidnapping - Parental Rights 0 3 2 1 Juvenile Alcohol Offender 14 12 13 34 Juvenile Curlew 21 2 4 3 Juvenile Runaway 41 30 43 48 Juvenile Truant 1 0 0 0 Juvenile Tobacco 15 9 12 8 Juvenile Controlled Substance 6 0 0 0 Disturb Peace /DOG 122 142 130 134 Prostitution /Sex Related 4 4 1 0 Harassing Communications 71 44 128 117 Trespass/QTR 239 265 375 285 Weapons 4 6 83 61 Grimes Against Justice 40 40 60 67 All other MOC 41 36 34 66 TOTALS: 1314 1 089 1452 1405 Year End Total Year End Total Year End Total Year End Total 2010 2009 2008 2007 PART 111, IV 8. \f OFFENSES Animals 588 441 551 565 Lost 8. Found 302 274 266 295 Fatal Accident 0 0 1 0 Property Damage Accident 448 446 580 547 Personal Injury Accident 18 15 27 19 Assist SW Fire Dept 151 156 304 318 Assist Other Agency 415 412 213 217 Medical 1 027 931 985 1 007 Domestic 161 224 220 257 Alarms 566 588 726 822 Lockouts 501 490 555 550 Suspicious Persons /Vehicles 508 519 535 630 Juvenile 188 123 118 160 Public Assist 596 1331 357 438 Nosie /Disturbance /Mischief 469 555 528 477 Warrant /Detox 112 120 128 158 Welfare /Building /Hazard 511 371 384 432 911 Non - Emergency 322 407 579 574 Misc Public /Civil 376 472 432 348 Escorts /Bank Run 192 196 199 225 AII Other 9000 1722 919 2626 2297 TOTALS: 9173 8990 10314 10336 TRAFFIC /SERVICE Speed 513 749 014 711 Other Moving 714 743 1326 1522 Parking 613 610 651 892 All Other Traffic 566 782 395 429 TOTAL TRAFFIC: 2406 2884 2986 3554 Grand Totals: 13737 13700 15389 15806 Statistical Summary • 37.6 ICR's /Calls For Service per day in 2010 Slight increase in ICR's from 2009, slight decrease from 2007, 2008 • 8.7% Increase in Part I Crimes (Theft from MV) dt 8.3% Increase in Part II Crimes (Mad Capper) Total ICR's 1 2010 2009 2008 2007 14000 12000 10000 8000 6000 4000 2000 0 2010 2009 2008 2007 Part I Part II III, IV, V, Traffic DARE - St. Croix Catholic School Resource Officer - Stillwater Junior High Crime Prevention - Crimes Against Elderly, Neighborhood Watch (3 areas) K -g - Officer Wulfing and Buzz (numerous presentations to various groups) Problem Properties Code Enforcement National Night to Unite - 10 locations Citywide Motorcycle Unit Firearms Safety Training nt Participation Lumberjack Days - 417 calls for service 4th of July • Stillwater Marathon Nature Valley Grand Prix Bike Races • Spring and Fall Art Fair oals and Initia iv • Expand Crime Prevention Program - One officer receiving extensive training in multiple areas Expand communication via social media - City's new Facebook Page • New Record Management System via Wash. Co. Sheriff's Dept., expected to roll out beginning 2012 dt Better presence downtown - Reserve Officers • Expand and `tweak' Reserve Officer Program Slide 1 Slide 2 Slide 3 Stillwater Firefighters Relief Association Joe Marchetti, President May 3, 2011 Agenda • Overview of Relief Association • Why We Are Here • What We Are . Who We Are • Current Financial Status . How We Are Funded • Current Member Benefit Leval • Current Assets Status Current Liability Status • What We Expect in 2011 & Future Goals • Closing • Questions Why We Are Here • To keep the city council and city administration informed of the S.F.RA.'s composition, purpose and current financial status. Slide 4 Slide 5 Slide 6 What We Are The Stillwater Firefighter's Relief Association is a 501.) 4 nom profit organization. The purpose of the Relief Association is to build and maintain an vestment portfolio that provides a pension benefit for Ira members as a means to attract and retain volunteer firefighters_ Additionally, The Relief Association holds two fund raising events each year. Proceeds from these events are donated back to the community through events such as the School Patrol Picnic and the Relay for Life or to supplement funding for fire prevention and education materials. Who We Are • Current Board of Trustees . Joe Marchetti. President . Rob Peltier, Vice President . Chris Zeuli, Treasurer ▪ Bill Peltier, Secretary . John Buckley. Trustee . Steve Zoller, Trustee • Stuart Glaser, Fire Chief • Jim Roush, Municipal Representative • Doug Menikheim, Municipal Representative Who We Are The Relief Association is comprised of the active and deferred members of the Stillwater Fire Department. Relief Assoc. Structure STILLWATER FIREFIGHTERS BOARD OF TRUSTEES MEMBER ELECTED APPOINTED BOARD MEMBERS TRUSTEES Slide 7 Slide 8 Slide 9 Current Financial Status --mow • HOW WE ARE FUNDED: The Relief Association receives it's funding through premiums coilected from insurance policies. Each year we are given portion of these premiums to invest in our portfolio. (known as 2% money) CURRENT MEMBER BENEFIT LEVEL: po warp/ vpiiiim RA Member Approved = $5,000 per year of service City Ratified (2000) = $4,500 per year of service Current Financial Status --mow • CURRENT PORTFOLIO STATUS: (r MD Of r SST 0.F7 17, SBI Fund - $582,000.00 Special Fund = $2,000,000.00 Total Portfolio = $3,092,000.00 • CURRENT LIABILITY STATUS: iwiwpar, Accrued Liability = $2.522,000.00 • Funding Ratio = $3.042 Mil / $2.522 Mil = 120% ,31114 What Expect in 2011 & Future Goals • In 2011 we expect: • Member Benefit Payouts of Nearly $160,000.00 • )2% money" Contributions of $106.000.00 • Future Goals: • Maintain fully-funded pension plan without municipal contributions • Bridge the gap between member approved 8. city ratified benefit levels • Provide donations 0 the community through fundraising efforts • Provide pension benefit that attracts and retains volunteer firefighters Slide 10 Slide 11 Questions Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Friday, April 29, 2011 Re: Pedestrian walkway visual building survey Message: Bill Hickey from Collaborative Design Group will be in attendance at the Council workshop on Tuesday to complete a visual building survey with the City Council on the new bathroom design for the pedestrian walkway. The Parks and Recreation Commission and the Heritage Preservation Commission have also been invited to this meeting. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4°i Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 email: mpogge@ci.stillwater.nm.us Diane Ward From: Doug Menikheim [ DMenikheim @LeadershipFingerprint.com] Sent: Tuesday, May 03, 2011 9:09 AM To: Ken Harycki Cc: Larry Hansen; Diane Ward Subject: Addition to Tonight's Agenda Mr. Mayor, Had good meeting yesterday with Colonel Loidolt and Lt. Colonel Sandy Best (Director of Government Relations) of the National Guard. Primarily it was to get acquainted and discuss what comes next now that General Kelly has retired and a new command team is in place. In my view, the transfer of responsibility will be seamless as the colonels are both as supportive and enthusiastic as was the general. They impressed me with their willingness to make the process of building a new armory as smooth as possible. We continue to be in good hands The next steps in that process are the bus tour of an existing armory and the scheduling of the planning charrette(sp ?). My action item from the meeting was to get from the council what our desires are for the tour. As more people have indicated an interest in going (Mike Polema has list) the scope of the tour has expanded and Colonel Loidolt has asked that we specifically state our desires so the National Guard can ensure giving us exactly what we want. Accordingly, I think we ou : ht to a ut that on toni: ht's a enda • erha • s durin the New Business • ortion of the Worksho • Session. Will you let Larry/Diane know if you agree? If not, will you get back to me? Also, LTC Best will be contacting me prior to my Thursday meeting with Garley's et al at their home with a rough draft of what the initial charrette event will entail, who will be invited and where it will take place. The date will be left open as the Brigade is deploying w/i the next couple of weeks and that has front burner attention until completed. They are doing this at my request to be able to keep the dissenters informed as well as for our planning purposes Thanks and look forward to seeing you tonight Doug 1 2012 BUDGET CALENDAR April 2011 Finance Department begins budget process by preparing projected wages and benefits and insurance costs for the upcoming fiscal budget year. May 3, 2011 The proposed budget calendar, the budget workshop meeting dates, and the date for the adoption of the proposed budget and tax levy are considered and approved by Council. May 9, 2011 Budget worksheets are distributed to Department Heads for completion May 20, 2011 Council to set priorities for the 2011 budget June 6 201 Completed budget worksheets are due to the Finance Department. The Finance Department assembles the preliminary budget information. June 15 through June 30, 2011 The City Administrator meets with Department Heads to review budget requests and makes recommendations regarding the budget. August 16 — August 31, 2011 — Dates to be approved at the June 7, 2011 meeting Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the recommended budget requests. The following is a list of Tuesdays between August 16 and August 31, 2011: August 16, 2011 4:30 — 6:00 pm (this night is a regularly scheduled meeting) August 23, 2011 4:30 — to be determined August 30, 2011 4:30 — to be determined August 31 — August September 2, 2011 The Finance Department makes budget revisions and prepares the final proposed budget for future Council adoption. September 6, 2011 and September 13, 2011 (if needed) -dates to be approved at the June 7, 2011 meeting Council adopts the proposed budget, the proposed tax levy and sets the Truth -n- Taxation hearing dates. (Note: there are not many date options to choose from as the proposed budget and the proposed levy are due to the County Auditor by September 15. September 6, 2011 is a regularly scheduled meeting and September 13, 2011 is an "off week" Tuesday. Prior to September 15 The proposed budget, the proposed levy and the Truth -n- Taxation hearing dates MUST BE certified to the County Auditor no later than September 15, 2011. November 2011 The County to send out Truth -n- Taxation parcel specific notices (proposed budget). November 15, 2011 (tentative) Notice of the Truth -n- Taxation public hearing date is announced. December 6, 2011 (date will be certified in September) Council to hold the Truth -n- Taxation public hearing on December 6, 2011. A presentation of the proposed budget is made by the City Administrator. December 6 or 20, 2011 (dependent on Council Decision on December 6) Council to adopt the final budget and the final tax levy. PRIOR to DECEMBER 30, 2011 The adopted budget and the adopted tax levy MUST BE certified to the County Auditor and the MN Department of Revenue by December 30, 2011. Ire •1 Of •IiifUIR CITY COUNCIL MINUTES April 19, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser City Planner Pogge Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance 7:00 PM APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the revised March 1, 2011, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2010 Annual Fire Department Report Fire Chief Glaser presented the highlights of the Fire Department's annual report for 2010, including response and call statistics; budget information; significant events; upgrades and improvements; and educational activities. Marathon changes — Dave Eckberg Dave Eckberg reviewed a proposed change to the finish line for the annual marathon that would eliminate the Pioneer Park finish line and have all participants finish at the same ending point downtown. He indicated that the change is being made at the request of the race's medical director, as well as to maximize efficiencies. He described the changes to the routes and starting spots in order to accomplish the change in the finish line(s). Councilmember Cook asked about the starting points and Mr. Eckberg described the new starting places. Councilmember Cook noted there are areas /streets that are new to the marathon route and pointed out that the contract provides for notification of property owners should significant changes be made. City Council Meeting April 19, 2011 City Administrator Hansen responded that was the reason this issue was brought to the Council, and indicated that he did not think staff feels the proposed changes are really significant. He added that the issue was brought forth due to the efforts of the Special Events Task Force. Mayor Harycki stated that he thought the change eliminating Pioneer Park would be a good one. Councilmember Cook pointed out that according to the contract, a race emergency plan is supposed to be submitted 60 days prior to the event, and asked whether that had been done; Mr. Eckberg replied that he would check on that. Councilmember Roush asked about authorized vendors downtown, recalling that was an issue last year; Mr. Eckberg explained that he thought the discussion related to the July 4 festivities, not the marathon, but added they will be having the standard food recovery scenario for runners, with nothing available for sale. Councilmember Cook spoke of the importance of submitting the emergency plan and asked Mr. Hansen to follow up on that. Councilmember Polehna asked Police Chief Gannaway for his input on the proposed changes; Chief Gannaway explained that if the number of participants is accurate, the impact should be fairly minimal. Mr. Eckberg stated he would be sure all affected property owners are notified well in advance. OPEN FORUM Lisa Nelson, addressed the connection between bridges and suicide, and read an article about a person who committed suicide from the Golden Gate Bridge. STAFF REPORTS Public Works Director Sanders updated the Council on the Army Corps of Engineers levee project. He noted the City had hired a consultant to prepare an action plan for contaminated soils, which was required by the Corps. He added that the Pollution Control Agency (PCA) approved the plan submitted by the City's consultant, but the Corps is now saying the site needs to be totally clean before it will consider beginning construction. He noted the City had been anticipating the Corps' project would begin in August and that staff has been working with the Corps and its consultant to see if there are other options, but it appears the Corps has put a hold on the project until this issue can be resolved. Councilmember Polehna spoke of the history of the project and previous actions of the Corps delaying the project. There was discussion as to possible actions the City could take to finally bring the project to completion. City Attorney Magnuson noted the Corps hasn't signed the project cooperation agreement, which was supposed to have been presented over the winter, so there is no contractual agreement to enforce. Mr. Magnuson spoke of the City's agreement with the PCA and pointed out the levee project wouldn't be in violation of the approved remediation plan. Mr. Magnuson suggested that Congress is the key to getting any action and Mr. Hansen pointed out that Congress has twice directed the Corps to complete this project. Mr. Hansen added that he has asked Mr. Sanders to draft a letter to the congressional delegation for the Mayor's signature. Finance Director Harrison stated the recent audit went very well and that the financial statement will be presented in July. Page 2of13 City Council Meeting April 19, 2011 City Administrator Hansen reported that staff had met with the RETAP group, the group that performed the energy audit on City Hall, and most of the recommended efforts have already been done. He explained that he would bring a complete report to the next Council meeting. Chief Gannaway reported that the full -time security for the temporary levee has been discontinued, with officers continuing to monitor activity during regular shift hours. He stated the City will now begin working with FEMA in an effort to recoup costs. On a question by Mayor Harycki, Chief Gannaway responded that they are continuing to look into the issue of idling of squads. CONSENT AGENDA 1 Resolution 2011 -59, directing payment of bills 2. Possible approval of temporary liquor license for Stillwater Public Library Foundation 3. Resolution 2011 -60, approving the Multi - Agency Law Enforcement Joint Powers Agreement regarding Minnesota Internet Crimes against Children Task Force 4. Possible approval of the release of funds from the Library's 2011 capital budget to repair the floor on the mezzanine level 5. Resolution 2011 -61, approving transfer of ownership of the tobacco license from Raeburn & Associates, DBA: MGM Liquor Warehouse to CWPHRC, Inc., DBA: Stillwater Liquors Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS Case 2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required/2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011 City Planner Pogge reviewed the variance request and the Planning Commission's action to deny. Mr. Pogge listed the three criteria for the issuance of a variance and explained alternatives available to the applicant to achieve the deck and maintain access to the existing garage. On a question by Councilmember Roush, Mr. Pogge replied that he believed this improvement came about incidentally, rather than intentionally. Mayor Harycki spoke of the history of this project, and Mr. Pogge noted submitted plans provided for a deck and stairs, but the configuration/location has changed from the originally permitted plans, which is what caused the encroachment issue. Mayor Harycki opened the public hearing. Brendon Stryhn, the original builder, stated plans for this project were drawn up by a well - respected architect and were approved by the City. He spoke of the problems encountered with the project and showed pictures of the conditions, specifically drainage issues and to maintain access to the garage without having to walk around the house that resulted in the placement of the stairs. He added his understanding of the location of the lot line was that they would be Page 3 of 13 City Council Meeting April 19, 2011 within the setback. There was discussion of various options for placement of the stairs. Mr. Stryhn pointed out that he did not think the existing configuration of the deck and stairs was a detriment to anyone in the neighborhood and expressed concern about a potential for drainage issues /ice dams should the stairs be moved. There was discussion of the impact of the Krummenacher case on issuance of variances, with Mayor Harycki questioning how the Council could grant the variance given there are options and a reasonable use of the property. Councilmember Menikheim, Council representative on the Planning Commission, suggested this is a lose -lose situation for the Council, and if tabled, all the stakeholders — builder, current owners, neighbors — can meet in an effort to come up with a solution; and if that good -faith meeting does not result in a resolution of this issue, then it will be brought back to the Council for a decision. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to table this case to allow the builder and neighborhood time to come to a solution. All in favor. This is the date and time for public hearing to consider the 2011 Street Improvement Project. Notices were mailed to affected property owners andpublished in the Stillwater Gazette April 1 & 8, 2011 Torry Kraftson, assistant City engineer, explained that this second hearing was due to a failure to publish the public hearing notice as required by statute. Mr. Kraftson briefly reviewed the proposed project, including the areas proposed for street reconstruction and those proposed for mill and overlay, as well as replacement of some galvanized water services, several fire hydrants, realignment of sanitary sewer and storm sewer joints segments, installation of new catch basins, rain garden and other drainage improvements, and new sidewalks on several of the streets. Mayor Harycki pointed out that the installation of rain gardens is making a difference on water quality and noted that it is possible Lake McKusick may be de- listed as an impaired lake. Mr. Kraftson noted that, based on Council direction, plans have been revised to make Wilkins Street 38' wide, with parking along the entire section; he also reviewed the location of proposed bump -outs. He indicated that Wilkins, between First and Second, which is not a state -aid section, would be 32', with parking on both sides, and also reviewed proposed assessments and project schedule. Councilmember Roush pointed out that the trail /sidewalk has been removed from the Amundson portion of the project. Councilmember Cook asked about the change adding bump outs to Wilkins Street and Mr. Kraftson replied that a previous issue was with maintaining parking and stated the proposed bump outs do not affect parking. Councilmember Cook asked whether these plans would have proceeded with no notification to property owners were it not for the glitch in publication and Mr. Kraftson stated that final plans would have had to be approved by the Council. Mayor Harycki opened the public hearing. Steve Roettger, 1888 W. Oak St., asked about storm sewer. Mr. Kraftson replied the plan is to have drainage to a storm sewer system in Highway 5. Mr. Roettger stated part of the street drains to Highway 5, but by his house and his neighbor's, the water goes down his driveway to Olive and Pine Street Trail. Mr. Kraftson indicated that is part of the reason for the proposal for Page 4 of 13 City Council Meeting April 19, 2011 curb and gutter to carry the water to Highway 5. Mr. Roettger asked how the curb and gutter would affect existing driveways; Mr. Kraftson explained how those cuts are made. Mr. Roettger also asked about the assessment, which Mr. Kraftson provided. Mike Sobieski, 1022 N. Third Street, asked about drainage and whether there would be standing water. Mr. Kraftson responded that catch basins will be replaced at all intersections, and there will be catch basins at all the bump outs. Mr. Sobieski stated that he had never seen the project maps before and asked if there is any requirement that property owners see designs before they come before Council. Mayor Harycki suggested that this situation be used as a learning experience and that in future, when plans are reworked in a drastic way, property owners be made aware of the most current updates. Kristel Ulrick, 1119 W. Linden St., also the owner of 1121 W. Linden St., expressed concern about water lines freezing due to improper installation and asked whether that situation would be fixed by the City or be an added expense to her. Mr. Kraftson explained that in conversations with the Water Board, the Water Board has indicated replacement of water services would be 100% the property owner's expense and Mr. Sanders pointed out the City project only works within the right -of -way. Mayor Harycki asked Mr. Sanders to check into the situation and report back at the next Council meeting. Dorothy Joachim, 1624 McKusick Lane, spoke about environmental issues. Regarding the condition of Lake McKusick, she stated she hoped the City would continue to work at improving the water quality and not be satisfied with the current rating of the lake at a B +. She talked about sediment control during the street project. She suggested that contractors be provided with a list of Best Managements Practices (BMPs) that the City will be monitoring and also suggested that the phasing of the project work be more clearly spelled out in the contract agreement; she suggested a listing of the various environmental control efforts be indicated on the project map to make it easier to monitor those efforts to ensure they are actually being done. She also suggested that, in future, the City identify where the water flowing into catch basins goes; Mr. Kraftson indicated that catch basins currently are marked with an identifying emblem. Councilmember Roush suggested enhancing the marking might be a good volunteer project. Mr. Sanders invited anyone who notices something going wrong with a project to call his office. No other comments were received, and the hearing was closed. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt Resolution 2011 -62, ordering improvement and preparation of plans & specifications for the 2011 Street Improvement Project (Project 2011 -02). Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Cook, seconded by Councilmember Roush, to adopt Resolution 2011- 63, approve plans & specifications and ordering advertisement for bids for 2011 Street Improvement Project (Project 2011 -02). Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 5 of 13 City Council Meeting April 19, 2011 UNFINISHED BUSINESS Possible approval of the second reading of Ordinance 1028, an ordinance amending the Stillwater City Code by enacting social host regulations City Attorney Magnuson noted there were no changes made since the first reading. Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the second reading of Ordinance 1028, , an ordinance amending the Stillwater City Code by enacting social host regulations. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Discussion on two concept designs for Pedestrian Walkway Planner Pogge reviewed staff has discussed the impacts of the Corps of Engineers project and still believes construction of the pedestrian plaza can be accomplished this fall; and that consideration is being given to including grading of the amphitheater area of the Lowell Park as part of this project. He added costs of grading would be fairly minimal. He noted that features of the park and plaza will either have to be flood resistant, easily protected or easily removed in case of a flood event and that plant species for landscaping will be water - tolerable or annuals planted in the spring after the threat of flooding is over. He indicated that staff is very aware of the importance of dealing with flooding. Mr. Pogge provided an update on the open house on March 28th to receive input on preliminary plans and that overall, comments were very constructive and most of the comments received can be accommodated in the plans. He pointed out that comments fell into three main categories. Related to the overall design of the project, he reported that the majority expressed preference for the linear design versus the curvilinear design. He indicated the preferred alignment was the formal walkway design, while the Council previously indicated a preference for the more natural design. On a question by Councilmember Cook, Mr. Pogge answered that respondents at the open house merely indicated preference for a design, with no articulation of the reason for the selection. Regarding the restroom, Mr. Pogge explained one of the strong opinions heard was a concern about the location of the bathroom east of Water Street and that staff felt a location east of Water Street made sense due to easier access by park users. He added with a formal walkway, the restroom could be located either east or west of Water Street, with the western location taking a bit more of the parking. Councilmember Cook expressed that from comments she heard, she thought there was resounding support for moving the facility west of Water Street. Mayor Harycki noted a location on the west side also provides easier access from Main Street. Mr. Pogge indicated seven restroom building designs were presented at the open house, with comments received in favor of an industrial- appearing design or a Victorian design, like the restroom in Washington Square Park; however, in discussions at the design team /staff level there was concern about introducing the Victorian design into the downtown area. Mr. Pogge pointed out that north of Myrtle Street, downtown has more of an industrial feel; he explained that in refining the industrial design, the intent is to bring in a storefront appearance, along with a pergola feature that could serve as a bus stop amenity, as was suggested during the open house. Mr. Pogge also noted that with the addition of those features, the design team is looking at locating the building so it presents on the walkway itself, which would preclude moving the Page 6 of 13 City Council Meeting April 19, 2011 building to recover the lost parking spaces in that area as was suggested by Councilmember Roush. Councilmember Roush expressed that he appreciated the comments regarding the industrial appearance of the building, but noted this is in a transitional area to what will be a formal garden/walkway, so it would be feasible to have a Victorian- appearing building; and his preference for the Victorian look, as being more inviting. Mayor Harycki asked about costs and Mr. Pogge answered that costs come into play in the selection of materials /roof pitches. Mr. Pogge pointed out that the structure will be located in the river view corridor /view shed, which is why the design team prefers a more low profile structure. Mayor Harycki expressed concern that this restroom facility could end up looking like the pump house in south Lowell Park. In discussion, Council reviewed that from the comments at the open house, it seemed no one liked any of the restroom designs presented. Councilmember Cook offered that she liked the positioning and location moved west of Water Street; and Councilmember Polehna agreed that the loss of those few parking spots was not a concern as overall there will be a net gain of parking. Councilmember Polehna asked how far these plans could advance if the Corps of Engineers does not proceed with the levee project. Public Works Director Sanders reported the parking lot north of Mulberry Street and the amphitheater work could be done in advance of any Corps project, but the parking lots south of Mulberry will have storm sewer and pumping manholes as part of the Corps project. There was a brief discussion as to whether it might be wiser for the City to proceed with a levee project without the Corps. Mayor Harycki indicated that it appears the City can move forward with quite a bit of this work without the Corps proceeding; Mr. Pogge pointed out that it is key to meet certain elevations, but staff and the design team know what those elevations are and believe those elevations can be met with the work proceeding in advance of any Corps work. Mr. Pogge summed up the action given as: a direction to come back with a new design for the restroom facility; preference for a location on the west side of Water Street, eliminating the parking spots; and a preference for the formal walkway design. Mr. Pogge added that input would be received from the Parks Commission and Heritage Preservation Commission moving forward, and that it is hoped finalized plans will be available for staff review by early May, an open house in late May or early June, with construction phase beginning sometime after that. NEW BUSINESS Possible approval of Segway Tours License Blake Rudisill and Josiah Mitchell were present with a proposal to operate a Segway tour business. Mr. Pogge explained the request to obtain a license to operate within the City right -of- way and reviewed the proposed tour routes, times of operation, and location of the primary office and retail space. Mr. Pogge noted that a license is required to use the City right -of -way and that unlike other business utilizing City right -of -way, this use does not require permanent parking spots. Mr. Pogge explained if approved, staff would recommend six conditions. On a question by Councilmember Roush, Chief Gannaway replied that there is a new law regarding Segways and how they are regulated, and that use is allowed on sidewalks. Page 7 of 13 City Council Meeting April 19, 2011 Councilmember Cook asked about inclines; the applicants stated they have walked the proposed routes many times and there is no incline that should be a problem for the machines. On a question by Councilmember Menikheim, the applicants explained the age requirements. On a question by Councilmember Polehna, the applicants explained their intent to avoid the south side of downtown and keep to the north end of town. In discussion, it was noted that a license had been drawn up for a previously proposed operation, but that license was never utilized; Mr. Magnuson suggested a license could be ready for consideration at the next Council meeting. Mayor Harycki asked how a license would address a change in routes should the applicants wish to change that in the future and Mr. Magnuson responded that he thought the previous license required a change in routes to be approved by the Police Chief. Councilmember Polehna indicated that he would like to see some information from other communities that allow such operations. Motion by Councilmember Menikheim, seconded by Councilmember Roush, to direct staff to prepare a license for consideration at the next meeting. All in favor. Possible first reading of Ordinance 1029 amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off -Sale Liquor License. City Attorney Magnuson reviewed the request and the need for an ordinance amending City Code. He noted that this use must comply with both local regulations and state statutes. Dan Schwartz, 1024 Legends Blvd., representing Lift Bridge Brewing Company, explained the term "growler," a 64 -ounce refillable, glass jug, which enables a patron to bring the jug back to the brewery to have it refilled periodically, and he added this is allowed at the state level provided the municipality grants an off -sale license. Mr. Schwartz pointed out that this is currently not allowed by City ordinance, thus the request for the license. He noted the growler is for off -sale use only and cannot be consumed on premises, and that it is also equipped with a tamper -proof seal. On a question by Councilmember Cook related to the seal, it was noted that other City ordinances cover open -bottle violations. Motion by Mayor Harycki, seconded by Councilmember Polehna, to approve the first reading of Ordinance 1029, amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off -Sale Liquor License. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of special events: Ragnar Relay City Clerk Ward noted this event has been held for a number of years and reported that participants come through town at sporadic times beginning very early in the morning. She added that the sponsors pay for the additional portable restrooms and are aware there might be construction in the park. She suggested approval should be contingent on payment for the additional restrooms, with park/parking fees to be determined by Tim Moore depending on whether the event utilizes the park or a parking lot, and cost of additional trash receptacles to be determined by staff. Page 8of13 City Council Meeting April 19, 2011 Councilmember Polehna questioned having runners sleep in the park as noted in their plan. Ms. Ward indicated that is not allowed and that could be made a condition of approval. Motion by Councilmember Polehna, seconded by Councilmember Cook, to approve the Ragnar Relay. All in favor. Phil Keaggy /Ashley Cleveland Concert 9 (updated information) City Clerk Ward noted that it is now anticipated the attendance will be considerably smaller than originally estimated, 300 -500, rather than 1,000- 2,000. She suggested that because of the smaller size, they may not need as many portable restrooms or parking spaces, but those costs will be paid by the event sponsors. Motion by Councilmember Polelma, seconded by Councilmember Cook, to approve the Keaggy /Cleveland concert event. All in favor. Stillwater Farmers Market Special event and contract City Clerk Ward reported that Administrator Hansen met with the Veterans Memorial group and the farmers' market group relating to their co- existence in the Riverview Parking Lot. She stated that according to the new special event policy, the request was reviewed by the Downtown Parking Commission, which recommended a fee based on 45 spaces for 21 dates. She noted that Cub Foods pays for the majority of the maintenance of the lot, so it is not critical that the fees for the fanners' market use be collected. Mr. Hansen indicated that charging the recommended fees would put the market out of business, and that the meeting between the two groups went very well, and they realize they have to share the space. Ms. Ward noted that application fees are required from all events, even those that have been in place for a long time. She stated that this application fee has not been received and approval should be contingent upon receipt of that fee. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 65, approval of Stillwater Farmers Market Agreement, eliminating the parking fees and contingent upon receipt of the application fee and other fees according to the Special Event Policy. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Cruisin' on the St. Croix Special Event City Clerk Ward reviewed the request for the event, which is sponsored by the Chamber of Commerce. She pointed out that the Downtown Parking Commission reviewed the request, which recommended a fee of $3 per paid space, 126 paid spaces for 13 dates for a total fee of $4,900. Other costs, she listed, would include barricades, garbage cans, portable restroom as determined by staff. Administrator Hansen suggested the parking base fees were the result of all the work of the Special Events Committee, but he thought if that fee were to be imposed; it would put an end to the event. Councilmember Cook pointed out the parking fees were separate from the work done by the Special Events Task Force. Scott Zahren was present representing the Chamber and he stated he thought a fee of $50 a week would be fair. Page 9of13 City Council Meeting April 19, 2011 Councilmember Cook asked about the Parking Commission's recommendation, and Chief Gannaway reported that the Commission's stance has been to charge whatever the rate is, keeping in mind the Council can negotiate rates for the contract events. Mayor Harycki suggested that staff to prepare a contract agreement for this event, with a fee of $50 per week for the parking spaces use, with the contract to be brought back for Council approval at the next meeting. In discussion, it was noted the lot being used if a free lot, those showing their cars are not charged and this event is free to the public. On a question by Councilmember Roush, Mr. Zahren responded that he thought charging the cars $3 per space would have a negative impact on the event. Motion by Mayor Harycki, seconded by Councilmember Cook, to direct staff to prepare a contract agreement for this event for approval at the next meeting. All in favor. Possible approval of Legislative Consultant Contract 2011 with The Conach Group for Legislative support for the St. Croix River Crossing, Levee Project, extension of the State Trail system and Armory Project Councilmember Cook asked about the qualifications of this group and suggested there ought to be due diligence done before handing the work to this person without exploring other options. Administrator Hansen responded that Mr. Campbell was very instrumental in helping the City obtain about $1 million for the Brown's Creek project, understands the legislative process, and has lots of connections. Mayor Harycki spoke of some of Mr. Campbell's professional background. Mr. Hansen noted that the City did go through the interview and RFP process for lobbying services a number of years ago and he was not very impressed with many of the candidates, and the costs considerably higher. Councilmember Roush expressed that his only concern was with the termination clause and suggested that be changed to 60 days, rather than 90. Councilmember Cook suggested that she would like more flexibility for the City, so it is not tied to a long -term agreement, and also expressed concern about the language "as is reasonably necessary" describing the time devoted to work as being vague and ambiguous; she also suggested that language be added to general services to require reporting to the Council on a monthly basis. Mayor Harycki suggested that any published reporting may impede some of the ongoing discussions. Councilmember Cook explained that given the magnitude of the project and controversy surrounding the project, it seems very wrong not to have things out in the open. She talked about the frustration people in general experience when government talks about transparency and then conducts meetings in private. Mayor Harycki moved to proceed with the contract and keep the 90 clause in place. Motion failed for a lack of second. Motion by Mayor Harycki, seconded by Councilmember Roush, to adopt Resolution 2011 -64, approval of Legislative Consultant Contract 2011 with The Conach Group (for Legislative support for the St. Croix River Crossing, extension of the State Trail system, support for the new armory Page l0 of 13 City Council Meeting April 19, 2011 project, and Phase III of the levee wall project) and include a 60 -day termination clause, rather than the 90 -day clause. Councilmember Cook questioned why the residents of Stillwater should be paying for a lobbyist when the Bridge Coalition already has a paid lobbyist. Mayor Harycki noted this contract is for legislative consultant and that the Coalition is representing a broader constituency, while this is looking at items very specific to the City, such as the Zephyr trail, the armory and levee wall. Councilmember Polehna spoke of the value of the Zephyr trail to the City. Councilmember Cook indicated that she supported the Zephyr trail and levee wall, which is why she is requesting an accounting to time spent, as she fears the majority of time will be spent on the new bridge. Councilmember Polehna agreed with the need to have reporting on the status of some of these items. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Possible approval of purchase of landscape trailer Public Works Director Sanders reviewed the request that will result in a more efficient mowing operation, and in savings of fuel costs and vehicle maintenance. He indicated that the purchase price would come from the parks capital outlay fund. Motion by Councilmember Polehna, seconded by Council Menikheim, to approve the requested purchase. All in favor. Councilmember Polehna questioned why this request would have to come before Council and City Administrator Hansen answered that it is due to the capital expenditure freeze instituted by the Council. There was discussion as to why there isn't a threshold for approval of bills and Councilmember Roush pointed out from an auditing standpoint, it is preferable for the Council to see line item details of spending. Councilmember Polehna and Councilmember Menikheim suggested it is micromanaging to require Council approval of a $3,000 item and it was decided to add this issue to the Council retreat session. Resolution in support for Sunday liquor sales Councilmember Roush read the proposed resolution in support of Sunday liquor sales, saying that the essence of this for him is the issue of free market — providing the option for both consumers and businesses. Police Chief Gannaway noted for the record that the Police Department would not be in favor of the resolution. Councilmember Roush pointed out that this resolution is just asking the City's legislative delegation to support the state bill. Page 11 of 13 City Council Meeting April 19, 2011 Councilmember Menikheim indicated that he had solicited input from businesses around the City and found, like Councilmember Cook did, there is a wide disparity of opinion regarding this proposal. He stated that he is in favor of choice and this bill would allow that. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt the resolution. Ayes: Councilmembers Menikheim and Roush Nays: Councilmembers Cook, Polehna and Mayor Harycki Discussion on retreat date It was agreed to schedule the retreat for May 20 beginning at 8 a.m., which the location to be determined by the City Administrator and published by the City Clerk. COUNCIL REQUEST ITEMS Councilmember Cook stated that she has received a number of calls from people concerned about the safety of the bridge in light of the recent discussions. She indicated that she would like a MnDOT representative to come to a Council meeting or be part of the retreat agenda to make an official statement about the safety of the bridge. Mayor Harycki stated the chief bridge inspector for the state of Minnesota has indicated that they believe the bridge is safe, which is the official position. Councilmember Menikheim noted the lift bridge is the lowest rated bridge in the state, according to the state's rating system. Councilmember Cook also suggested that she would like a discussion of what to do about downtown congestion; whether it's a meeting with MnDOT or the Coast Guard. She offered that she thought there were options the City ought to explore. Councilmember Menikheim spoke of making the safety of the bridge a priority; he also suggested putting pressure on the Corps of Engineers ought to be a priority Councilmember Roush asked about the City web site link to the Heirloom Homes and asked whether a "next button" could be added to make it more user - friendly; Mr. Pogge answered that he would look at that. Councilmember Polehna noted that Stillwater has been voted one of the 11 most beautiful cities in America. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adjourn at 10:40 p.m. All in favor. Ken Harycki, Mayor Page 12 of 13 City Council Meeting April 19, 2011 ATTEST: Diane Ward, City Clerk Resolution 2011 -59, Directing the Payment of Bills Resolution 2011 -60, Approval of Multi- Agency Law Enforcement Joint Powers Agreement regarding Minnesota Internet Crimes Against Children Task Force Resolution 2011 -61, Approval of transfer of ownership of the tobacco license from Raeburn & Associates, DBA: MGM Liquor Warehouse to CWPHRC, Inc., DBA: Stillwater Liquors Resolution 2011 -62, Ordering improvement and preparation of plans & specifications for the 2011 Street Improvement Project (Project 2011 -02) Resolution 2011 -63, Approve plans & Specifications and ordering advertisement for bids for 2011 Street Improvement Project (Project 2011 -02) Resolution 2011 -64, Approval of Legislative Consultant Contract 2011 with The Conach Group (for Legislative support for the St. Croix River Crossing, extension of the State Trail system, support for the new armory project, and Phase III of the levee wall project) Resolution 2011 -65, Approval of Stillwater Farmers Market Agreement Ordinance 1028, an ordinance amending the Stillwater City Code by enacting social host regulations Page 13 of 13 City of tiQ ?u aten, t innesota Tnodamattop WHEREAS, Bernice Jessen was born in 1911 on a farm in northwest Iowa, married at :16, gave birth a year later to Gwendolyn, who died in infancy. In 1930, she gave birth to her son, Donald Gene. By 1939, she sold the family farm of 900 acres; paid three mortgages and all the debts; and still came away with $100; and WHEREAS, Bernice married Navy man, Don Jessen, in 1942. During the war, she received her license in cosmetology and started a beauty shop small Smithland, Iowa, population 300. (She still has a license so she can get a discount on beauty supplies.) WHEREAS, when the war was over in 1945, Bernice and Don moved to St. Paul, MN. Bernice was a proofreader at West Publishing until they started a locksmith business from their home; and WHEREAS, in 1976 they moved to Stillwater and enjoyed boating on the St. Croix for many years. Bernice has been active in her church, United Methodist, in Stillwater. Until two years ago, she has volunteered for many years at the Wilder Foundation, Greeley and Good Samaritan nursing homes, as Bernice says, "helping the old people." She has also played the piano for the church services for many years at Good Samaritan; and WHEREAS, Bernice lives independently in her home and does her own shopping at Cub. Her son and his wife have blessed her with three granddaughters and four great - grandchildren; and WHEREAS, Bernice received 106 birthday cards on her 100th birthday. NOW THEREFORE, I, Jim Roush, Vice Mayor of Stillwater, do hereby proclaim May 4, 2011 as CENTENARIAN BERNICE JESSEN DAY! IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 3rd day of May, 2011. RESOLUTION 2011 -66 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $201,223.92 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 3rd day of May, 2011. Jim Roush, Vice Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -66 Abbott Paint Accurate Radar Specialties Amano McGann, Inc. Amdahl Locksmith, Inc. Chris American Pump Company Aramark Uniform Services Carquest Auto Parts CDW Government, Inc. ChloeNoel Skate & Sportswear Cities Digital Solutions Cole Papers Comcast Escape Fire Electric Fire & Security Fire Safety U.S.A. GASB Gopher Bearing Grafix Shoppe Grainger Greater Stillwater Chamber of Commerce ICMA Membership Renewals Lowe's Home Centers Inc. Mac Queen Equipment Inc. Magler, Jordan Menards MN Dept of Transportation MN Ice Arena Managers Mondor LTEE /LTD Natural Resource Group LLC Nobles, John Northern Tool Office Depot Paul, Chris Peterson ,Andrew D Rick's 36 Automotive Service Riedell Shoes, Inc. Sanders, Wacker, Bergly Inc. SGC Horizon LLC Shilts, Cindy St. Croix Boat & Packet Co. St. Croix Harley- Davidson St. Croix Recreation Co. Stillwater Glass Inc. Stillwater Lions Club Paint Calibration of Radar Unit with Tuning Fork Ticket Validator & Custom Tickets Lock Repair Pump Rental Uniforms,Towels & Mops Vehicle Repair Supplies Maintenance Agreements & Computer Supplies Skate Supplies for Resale Canon Roller Exchange Kit Janitorial Supplies Internet Perform Annual Fire Sprinkler Inspection Annual Fire Alarm System Inspection Equipment Repair Eagle Fitting GASB Subscription Equipment Repair Supplies Graphics for 2011 Harley Equipment Repair Supplies Refund of Special Event Permit Membership Renewal Repair Supplies Equipment Repair Supplies Temporary Parking Attendant Supplies Decals for Vehicles Inspected 2011 Annual Survey Figure Skating Supplies for Resale Levy Wall Stage Three Reimburse Meals Tow chains and ratchets Office Supplies Reimburse for Expenses Temporary Parking Attendant Vehicle repairs Skates for Resale Pedestrian Walkway 2011 Street Improvement Project Reimburse Mileage to Continue Education April 2011 Arena Billing Install Equipment on 2011 Motorcycle Equipment Repair Supplies Windshields for Vehicles 3 Qtrs Membership & Dues 87.77 424.00 2,285.28 646.80 9,266.90 820.87 211.43 527.08 115.35 140.43 131.85 199.90 385.00 546.93 172.90 215.00 9.34 189.45 174.52 50.00 883.87 900.24 271.71 40.00 508.52 24.00 25.00 1,469.39 738.75 27.02 400.67 60.15 132.98 40.00 222.48 162.30 9,330.50 63.00 32.64 42,097.66 952.09 203.06 570.84 330.00 EXHIBIT "A" TO RESOLUTION #2011 -66 Stillwater Medical Group Stillwater Motor Company Stretcher's Sun Newspapers T.A. Schifsky & Sons, Inc. Templin ,Robert The Conach Group Tireproz & Wheel Experts Complete Auto Service Tri State Bobcat, Inc. Viking Auto Sprinkler Co. Washington Conservation Distr Washington County Dept. Of Transportation Washington County Sheriff's Office Wiegand, Sheila Yocum Oil Company Ziegler, Inc. LIBRARY American Library Association Aramark Baker & Taylor Bertalmio, Lynne BWI Brodart Comcast Gaylord Hansen, Ann Howe, Lindy Menards Midwest Tape Office of Enterprise Petrie, Angela Security Response Toshiba Washington County Library APRIL MANUALS Postmaster Xcel Professional Services Vehicle Repair Training Ammo Publications Fine Asphalt Reimburse Recertification DOT Class April 2011 Legislative Consulting Tires Tires Sprinkler Inspection Membership & Dues Traffice Signal Maintenance 1st qtr MDCs Reimburse for Expenses Fuel Equipment Repair Charges Processing Supplies Rugs & Towel Service Library Supplies Book Library Materials Library Materials Telecommunications Book Displayer Reimburse Office Supplies Reimburse for Refreshments Janitorial Supplies AV Materials Telephone Program Supplies Maintenance Contract Maintenance Contract Telecommunications 2nd Qtr Utility Billing Postage Electricity, Gas Page 2 489.21 633.05 171.00 139.52 511.50 95.00 1,500.00 108.98 865.10 944.00 535.50 33.61 7,750.00 17.98 9,449.05 386.30 35.10 63.21 29.67 7.50 737.46 1,504.15 49.90 1,454.21 18.49 41.95 81.66 466.57 332.19 157.59 155.67 60.09 757.00 2,506.77 28,246.09 EXHIBIT "A" TO RESOLUTION #2011 -66 Page 3 ADDENDUM Ancom Communications Aspen Mills Board of Water Commissioners Century College Clarey's Safety Equipment, Inc. Cornerstone Copy Center Creative Product Sourcing, Inc. DARE Delta Dental Galls Kirvida Fire Larson Allen League of MN Cities Lemoine, Chyrisse Magnuson Law Firm Menards Met Council MN Fire Certification Board MN Occupational Health Qwest Stillwater Collision & Restoration Stillwater Motor Co. USAble Life Xcel EXHIBIT "A" TO RESOLUTION #2011 -66 Adopted by the City Council this 3rd Day of May, 2011 Desk top Chargers Uniforms April 2011 WAC FF1 and Hazmat Training Fire Extinguisher Maintenance Curbside Recycling & Hazardous Waste Recyc Dare Supplies Dental Cobra Uniforms Valve Repair Kit, Primer Valve Progress Billing # 2 for Year Ended 2010 Audit Insurance Reimburse Expenses Professional Services Repair Supplies April 2011 SAC Recertification On Site Drug Testing Telephone Vehicle Repair Vehicle Repair Insurance Electricity, Gas 265.00 822.61 1,287.00 1,283.68 73.22 10,928.64 9.50 325.00 39.58 381.00 16,500.00 1,000.00 168.58 6,876.83 37.26 4,415.40 40.00 126.00 348.49 1,689.03 216.17 408.00 17, 560.19 TOTAL 201,223.92 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -66 Abbott Paint Accurate Radar Specialties Amano McGann, Inc. Amdahl Locksmith, Inc. Chris American Pump Company Aramark Uniform Services Carquest Auto Parts CDW Government, Inc. ChloeNoel Skate & Sportswear Cities Digital Solutions Cole Papers Comcast Escape Fire Electric Fire & Security Fire Safety U.S.A. GASB Gopher Bearing Grafix Shoppe Grainger Greater Stillwater Chamber of Commerce ICMA Membership Renewals Lowe's Home Centers Inc. Mac Queen Equipment Inc. Magier, Jordan Menards MN Dept of Transportation MN Ice Arena Managers Mondor LTEE /LTD Natural Resource Group LLC Nobles, John Northern Tool Office Depot Paul, Chris Peterson ,Andrew D Rick's 36 Automotive Service Riedel) Shoes, Inc. Sanders, Wacker, Bergly Inc. SGC Horizon LLC ;hilts, Cindy ;t. Croix Boat & Packet Co. it. Croix Harley- Davidson it. Croix Recreation Co. itillwater Glass Inc. itillwater Lions Club Paint Calibration of Radar Unit with Tuning Fork Ticket Validator & Custom Tickets Lock Repair Pump Rental Uniforms,Towels & Mops Vehicle Repair Supplies Maintenance Agreements & Computer Supplies Skate Supplies for Resale Canon Roller Exchange Kit Janitorial Supplies Internet Perform Annual Fire Sprinkler Inspection Annual Fire Alarm System Inspection Equipment Repair Eagle Fitting GASB Subscription Equipment Repair Supplies Graphics for 2011 Harley Equipment Repair Supplies Refund of Special Event Permit Membership Renewal Repair Supplies Equipment Repair Supplies Temporary Parking Attendant Supplies Decals for Vehicles Inspected 2011 Annual Survey Figure Skating Supplies for Resale Levy Wall Stage Three Reimburse Meals Tow chains and ratchets Office Supplies Reimburse for Expenses Temporary Parking Attendant Vehicle repairs Skates for Resale Pedestrian Walkway 2011 Street Improvement Project Reimburse Mileage to Continue Education April 2011 Arena Billing Install Equipment on 2011 Motorcycle Equipment Repair Supplies Windshields for Vehicles 3 Qtrs Membership & Dues 87.77 424.00 2,285.28 646.80 9,266.90 820.87 211.43 527.08 115.35 140.43 131.85 199.90 385.00 546.93 172.90 215.00 9.34 189.45 174.52 50.00 883.87 900.24 271.71 40.00 508.52 24.00 25.00 1,469.39 738.75 27.02 400.67 60.15 132.98 40.00 222.48 162.30 9,330.50 63.00 32.64 42,097.66 952.09 203.06 570.84 330.00 EXHIBIT "A" TO RESOLUTION #2011 -66 Page 2 Stillwater Medical Group Stillwater Motor Company Streicher's Sun Newspapers T.A. Schifsky & Sons, Inc. Templin ,Robert The Conach Group Tireproz & Wheel Experts Complete Auto Service Tri State Bobcat, Inc. Viking Auto Sprinkler Co. Washington Conservation Distr Washington County Dept. Of Transportation Washington County Sheriffs Office Wiegand, Sheila Yocum Oil Company Ziegler, Inc. LIBRARY American Library Association Aramark Baker & Taylor Bertalmio, Lynne BWI Brodart Comcast Gaylord Hansen, Ann Howe, Lindy Menards Midwest Tape Office of Enterprise Petrie, Angela Security Response Toshiba Washington County Library Professional Services Vehicle Repair Training Ammo Publications Fine Asphalt Reimburse Recertification DOT Class April 2011 Legislative Consulting Tires Tires Sprinkler Inspection Membership & Dues Traffice Signal Maintenance 1st qtr MDCs Reimburse for Expenses Fuel Equipment Repair Charges Processing Supplies Rugs & Towel Service Library Supplies Book Library Materials Library Materials Telecommunications Book Displayer Reimburse Office Supplies Reimburse for Refreshments Janitorial Supplies AV Materials Telephone Program Supplies Maintenance Contract Maintenance Contract Telecommunications 489.21 633.05 171.00 139.52 511.50 95.00 1,500.00 108.98 865.10 944.00 535.50 33.61 7,750.00 17.98 9,449.05 386.30 35.10 63.21 29.67 7.50 737.46 1,504.15 49.90 1,454.21 18.49 41.95 81.66 466.57 332.19 157.59 155.67 60.09 757.00 ORDINANCE 1029 AN ORDINANCE AMENDING SECTION 43 -71 OF THE STILLWATER CITY CODE "OFF -SALE LIQUOR LICENSE" The City Council of the City of Stillwater does ordain: 1. AMENDING Sec. 43 -71 is amended to hereafter read as follows: "Sec. 43 -71 Off -Sale Liquor License Subd. 1. An off -sale intoxicating liquor license may be issued to an exclusive liquor store with the approval of the Commissioner. Subd. 2. An off -sale intoxicating liquor license for the sale of "growlers" may be issued to a Brewer that qualifies under Minn. Stat. §340A.302, subd. 7(b) with the approval of the Commissioner." 2. Saving. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 3rd day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F Ward, City Clerk �j�(Water Administration '%) To: Mayor and City Council From: Diane Ward, City Clerk Date: 4/28/2011 Subject: Issuance of a Brew Pub Off -Sale Liquor License - Lift Bridge As required, a public hearing must be held for all liquor licenses. A liquor license application has been received from Daniel Schwartz et al, for the issuance of a Brew Pub Off -Sale Liquor License to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company located at 1900 Tower Drive. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue the liquor license they should pass a motion to adopt a resolution entitled APPROVING THE ISSUANCE OF A BREW PUB OFF -SALE LIQUOR LICENSE TO LIFT BRIDGE BREWING TECHNOLOGIES, LLC, DBA: LIFT BRIDGE BREWING COMPANY APPROVING THE ISSUANCE OF' A BREW PUB OFF -SALE LIQUOR LICENSE TO LIFT BRIDGE BREWING TECHNOLOGIES, LLC, DBA: LIFT BRIDGE BREWING COMPANY WHEREAS, an application has been received for the transfer from Zachary Daniel Schwartz, et al requesting issuance of a Brew Pub Off -Sale Liquor License to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company located at 1900 Tower Drive; and WHEREAS, a public hearing on the transfer of the liquor license was held on May3,2011;and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the Off -Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 3rd day of May 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk 1111wa ter Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 4/28/2011 Subject: Issuance of a Brew Pub Off -Sale Liquor License - Stillwater Brewing Co. As required, a public hearing must be held for all liquor licenses. A liquor license application has been received from Zachary Morgan & Justin Stanley for the issuance of a Brew Pub Off -Sale Liquor License to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company located at 420 Main Street N. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue the liquor license they should pass a motion to adopt a resolution entitled APPROVING THE ISSUANCE OF A BREW PUB OFF -SALE LIQUOR LICENSE TO STILLWATER BREWING COMPANY, LLC, DBA: STILLWATER BREWING COMPANY APPROVING THE ISSUANCE OF A BREW PUB OFF -SALE LIQUOR LICENSE TO STILLWATER BREWING COMPANY, LLC, DBA: STILLWATER BREWING COMPANY WHEREAS, an application has been received for the transfer from Zachary Morgan & Justin Stanly requesting issuance of a Brew Pub Off -Sale Liquor License to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company located at 420 Main Street N; and WHEREAS, a public hearing on the transfer of the liquor license was held on May 3, 2011; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the Off -Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 3rd day of May 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk a 1. . THE BIRTHPLACE OF MINNESOTA COUNCIL MEMO DATE: April 28, 2011 APPLICANT: City of Stillwater CASE NO.: 2011 -04 REQUEST: 1) Create PROS (Park, Recreation or Open Space) Zoning District 2) Rezone Properties that are Inconsistent with 2030 Comp Plan PUBLIC HEARING: May 3, 2011 REPORT AUTHOR: Bill Turnblad, Community Development Director Background On June 1, 2010 the City's 2030 Comprehensive Plan was adopted. State law requires that once a comprehensive plan is adopted all of a city's "official controls" must be made consistent with it. One of those official controls is the zoning map. 403 properties are zoned inconsistently with the Comprehensive Plan's future land use map. 303 of them are related to a new zoning district envisioned by the Comp Plan. The new district is to be known as the PROS (Park, Recreation or Open Space) Zoning District. To resolve the inconsistencies, each of the properties must either to be rezoned or the future land use map needs to be amended for them. The Planning Commission and Joint Planning Board held public hearings to consider resolving the inconsistencies. The Planning Commission recommended approval of an ordinance rezoning 371 of the 403 properties and resolving the inconsistencies for the other 32 properties in alternate ways. The Joint Planning Board approved the ordinance rezoning the 371 properties. Both groups also held hearings on the proposed ordinance that would create a PROS Zoning District. It was approved by the Joint Planning Board, but was tabled by the Planning Commission. Though the Planning Commission was in support of most of the provisions of the draft ordinance, they wanted additional review of some of its details. Therefore, it will return to them on May 9th Request Since most of the proposed rezonings are to the PROS Zoning District, it makes sense to wait until the PROS ordinance receives a recommendation from the Planning Commission before the Council takes action on rezoning properties to that district designation. Therefore, staff requests that the City Council open the hearing and continue it without discussion until May 17th • Memo Community Development Department To: City Council From: Michel Pogge, City Planner /A Date: Friday, April 29, 2011 Re: Planning Case 2011 -06: Appeal of the Planning Commission decision to deny an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Message: As directed by the Council a meeting of the stakeholders to discuss the situation occurred on Wednesday, April 27th. The meeting included Councilmember Menikheim; adjacent property owner Colleen Walsh, who was the original complainant on the deck encroachment, current property owners David and Sarah Handley, and City Planner Mike Pogge. The meeting focused on talking through the issues and possible ways to resolve the situation without requiring the removal or modification of the deck. In the end, the Handley's offered to install a privacy fence along their property line with Ms. Walsh, which both parties agreed resolved the issue and in their view would negate the need to remove or modify the deck. The Council still needs to take an action on the requested variance. The City Council has the following options: 1. Approve the request with the following conditions of approval: a. The variance is limited to the footprint of the exiting deck and stairway. b. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 2. Deny the request since the required findings for a variance were not meet. If the Council would chose to deny the request, the Council should take a "straw poll ", direct staff to prepare formal findings of fact conclusions and order denying the variance request, and table final action until the Council's May 3rd meeting. 3. Continue the public hearing until the June 7, 2011 City Council meeting. The decision deadline for the request is June 18, 2011. Attached is the planning report, supporting documents that were including in the original planning report to the Planning Commission, and an excerpt of the March 14, 2011 Planning Commission minutes related to the case. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us 11 /a ter it E ,P THA ..n.L! v,::4Ni JA Memo Community Development Department To: City Council From: Michel Pogge, City Planner n4,167 ?4 ,I Date: Friday, April 15, 2011 Re: Planning Case 2011 -06: Appeal of the Planning Commission decision to deny an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Message: The Planning Commission reviewed this variance request at their March 14, 2011 meeting. The Commission heard from the original builder, the current owner, and four adjacent property owners. The Commission discussed the situation and various options that are available to the applicant. Since the Commission felt there were alternatives available to the applicant, the Commission voted 8 -0 to deny the request. In response to the denial, the applicant made application to appeal the decision of the Commission to the City Council within the allowed 10 -day appeal period. The City Council has the following options: 1. Deny the request since the required findings for a variance were not meet. If the Council would chose to deny the request, the Council should take a "straw poll ", direct staff to prepare formal findings of fact conclusions and order denying the variance request, and table final action until the Council's May 3rd meeting. 2. Approve the request with the following conditions of approval: a. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 3. Continue the public hearing until the May 3, 2011 City Council meeting. The decision deadline for the request is June 18, 2011. Attached is the planning report, supporting documents that were including in the original planning report to the Planning Commission, and an excerpt of the March 14, 2011 Planning Commission minutes related to the case. From the desk of... Michel Pogge, AICP -City Planner -City of Stillwater -216 N. 4h' Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us Planning Commission DATE: March 9, 2011 CASE NO.: 11 -06 APPLICANT: Brendon M Stryhn PROPERTY OWNER: David M and Sarah E Handley REQUEST: The applicant is requesting an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. LOCATION: 702 Churchill St W COMPREHENSIVE PLAN DISTRICT: LMDR - Low /Medium Density Residential ZONING: RB - Two - family District PC DATE: March 14, 2011 PREPARED BY: Michel Pogge, City Planner jug BACKGROUND The applicant, Brendon Stryhn, has applied for an after the fact variance on behalf of the current property owners, David M and Sarah E Handley, to allow an attached deck and stairway to encroach into the required side yard setback along the west property line. This property is zoned RB and currently has an existing single - family home on the site. The required side yard setback in the RB district is a minimum of 5 feet. The deck and stairway are setback only 2.5 feet from the side property line. DISCUSSION The property at 702 Churchill St W underwent a major rehabilitation starting in 2008. In November of 2009, City Staff was contacted by the neighbor with concerns that the deck and stairway encroached into the required setback. Staff wrote a letter to the property owner of the time and advised them of the issue and also advised them that a final certificate of occupancy would not be issued until such time the issue was resolved. On December 16, 2010 (over one year later), the City received notice from a neighbor that the property was being occupied and wanted to know why the setback issue was not resolved. This was the first time the City was made aware that the property was sold and being occupied. At that time, no certificate of occupancy was issued by the City and the encroachment continued. 702 Churchill St W Page 2 The City made contact with the old property owner, original builder, and current property owner about the matter and advised them that the issue needed to be resolved. This request seeks to remedy the issue without modifying the deck and stairway. Other Outstanding Issues The survey provided by the applicant also shows the front porch encroaching in to the right -of- way for Churchill Street W. The porch has been in this location for a number of years and appears to be in place in a 1945 aerial photo of the site. Even so, the issue needs to be resolved and there are three possible ways this can be accomplished. 1) the porch could be removed, which staff would recommend against; 2) a license could be issued to allow the porch to remain in the right -of -way, which is staff's preferred option; or 3) the owner could request that a portion of Churchill Street be vacated. This issue will need to be addressed before the City can release the final certificate of occupancy for this property. EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The property at 702 Churchill St W is a rectangular 50' by 137.95 lot with street frontage on two sides. The high point on the lot is along Churchill and it slowly slopes toward the rear of the property. There is approximately 9.8 feet between the garage and the back of the home. As with all after the fact variance requests, the request reviewed as if the improvement was not in place and is just being installed. In this case, it appears that the deck could have been shortened and if the stairway turned counter clockwise, everything could have remained within the required setback without the needed variance. Enclosed is a drawing that shows this alternative. The situation on the property was created by the actions of the builder; thus, the request does not satisfy the review criteria for a variance. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. Since the Krummenacher v City of Minnetonka ruling earlier in the year, this review criterion has become virtually impossible to satisfy. The Supreme Court ruled that even if a lot were vacant and a home could not be built without a variance, open space would be a reasonable use for that vacant lot. And even as a vacant lot, substantial property rights are preserved. So in this variance request, the fact that the property owner cannot access the rear door of the garage from the home (even though the request is small) would certainly be seen as preserving substantial property rights. Therefore a variance does not seem to be supported. 702 Churchill St W Page 3 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. Generally, staff believes that the request as presented will not adversely affect adjoining property owners. The property owner to the west has raised concerns that it may be impossible to mow around the stairway and deck without encroaching on to their property. Certainly, some lawn mowers maybe wider than 2.5 feet; however, staff believes that with the small nature of the lawn on this property, a push mower with a width smaller than 2.5 feet wide is likely going to be used. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. ALTERNATIVES The Planning Commission has the following options: 1. Deny the requested since the required findings for a variance were not meet. 2. Approve the request with the following conditions of approval: a. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 3. Continue the public hearing until the April 11, 2011 Planning Commission meeting. The 60 -day decision deadline for the request is April 17, 2011. RECOMMENDATION City staff does not find the three variance criteria to be satisfied, and therefore recommends denial of both variances. Attachments: Applicant's Form, Site Plan, and letter. %///%7� EXISTING / GARAGE; ,42.1' --- t SET SPIKE ON LOT LINE EDGE OF BITUMINOUS DRIVEWAY -- BITUMINOUS /DRIVEWAY iv SET P.K. NAIL IN BITUMINOUS AT PARCEL CONKER. EXISTING GARAGE EXISTING i A vv HOUSE \ \ 2 z cn ill - -- SOUTH LINE OF BLOCK 7, HOLCOMBE'S The drawing to the left shows how the deck could have had a side yard setback five -foot setback. Additionally, by rotating and placing the steps as shown they both would have been conforming. CITY OF STILLWATER PLANNING COMMISSION March 14, 2011 CALL TO ORDER Chair Dahlquist called the meeting to order at 7 p.m. Present: Aron Buchanan, Mike Dahlquist, Matt Gullick, Eric Hansen, Mike Kocon, John Malsam, Councilmember Menikheim, Ann Siess and Charles Wolden Staff present: Community Development Director Turnblad and Planner Mike Pogge Absent: Scott Spisak ** EXCERPT ** Case No. 2011 -06. A variance to the side yard setback (5 feet required, and 2.5 feet requested) for the construction of a deck landing and stairs located at 702 Churchill Street West in the RB, Two Family Residential District. Brendon Stryhn, representing David Handley, applicant. The applicants were present. Mr. Pogge reviewed the request and staff findings. He noted that in all after - the -fact requests, the variance request is treated as if the improvement is not in place. He also noted there are several alternatives that would enable the deck /stairs to be constructed without the need for a variance. He reviewed the three requirements for granting of a variance and stated staff finds against two of the three, with denial recommended. On a question by Mr. Buchanan, Mr. Pogge stated that pavers /patio do not have setback requirements; a raised deck must meet setbacks of the principal structure. Brendon Stryhn, the original developer, reviewed the history of the project. He stated the steps were added due to a drainage issue with the neighbor to the rear of the property; he explained that he raised the whole side of the yard and added a retaining wall to deal with drainage issues, which pretty much eliminated access from the house to the garage. He said he decided to extend the deck over and place the stairs there because it was the only access he could provide to the garage without going back to Planning and Heritage Preservation Commission; also, he said, because he was building on the original footprint, he was not required to have a survey map and thought there was more room. Regarding moving the steps, he said there is a major drain tile field in place to keep the garage from flooding. Dave Handley, current resident, said they recently purchased the property and are proud of being part of taking an historic property and giving it new life; he said they were unaware of the outstanding issues involved until several weeks after moving into the home and said they have become somewhat of a referee between the City and builder, who they believe acted in good faith throughout the project. Mr. Kocon asked why the steps couldn't be 2.5' farther into the property and the deck 2.5' shorter to met setbacks. Mr. Stryhn said he could have done that but didn't know exactly where the lot line was; he said he built the stairs and deck as they are to get as much drainage as possible. Mr. Dahlquist opened the public hearing. Colleen Walsh, 706 Churchill, said the lot line was an issue for the 2+ years of project construction. She said the stairway is an obstruction that almost juts into her yard and suggested there is no reason the stairs couldn't be up against the garage. She later said the 2.5 feet is important to her — it's her yard. CITY OF STILLWATER PLANNING COMMISSION March 14, 2011 Co -owner of the James Mulvey Inn, immediately across Harriet Street from the property, talked of the many problems Mr. Stryhn encountered with the project, which he said removed a dilapidated property that was a scourge on the neighborhood. He spoke of how accommodating Mr. Stryhn was doing the project and talked of the problem created by the requirement to retain the original garage and stay in the footprint of the original house. He said he thought it would be unreasonable to force the developer to spend $3,000 - $4,000 to take 2.5' off a deck. Kevin Pamprin, 805 Churchill, said it was nice to see a house in the neighborhood that has been retrofitted. He agreed that the 2.5' means nothing, noting that many of the houses in the area are not in conformance. Betsy Glennon, owner of the property to the north with the drainage problem, said Mr. Stryhn and his workers were exemplary partners and very accommodating during the project. She said she failed to see how this would not be a financial hardship to the developer after he spent nearly three years working with the City on the many different issues. No other comments were received, and the hearing was closed. Mr. Handley said he and his wife feel very strongly that it is not practical to move the steps and retain the functional purpose of the deck; he showed graphics of the site to indicate this would eliminate an access point that was part of the original function of the design. He said eliminating the steps would require walking on the street to gain access to the house. Mr. Buchanan clarified that the deck and stairs were in place prior to the Handleys' purchase of the home. Mr. Pogge noted that even though the current property owner didn't create the issue, the builder was notified of the problem and he should have disclosed this to the property owner. In discussion, it was noted that a certificate of occupancy was not issued due to a number of building issues; Mr. Pogge stated a temporary certificate of occupancy has been issued because the other building issues have been resolved. Several members congratulated Mr. Stryhn on his workmanship on this project. Mr. Buchanan referred to a previous case where a property owner was required to move a fence that was installed by a contractor who had failed to meet setbacks. Mr. Kocon reiterated that the Commission must look at this as if the improvement hadn't been done and the Commission is looking at a space that is occupied that shouldn't be occupied; in spite of the hardship and issue of expense, he said this is encroaching where it doesn't need to. Mr. Dahlquist suggested the key to this case is that there is a very clear option that appears to satisfy setbacks and still maintain the access around the garage. Mr. Wolden moved to deny. Mr. Kocon seconded the motion. Ms. Siess asked whether the fact that this is an issue in an older neighborhood and older home makes any difference. Mr. Dahlquist said existing conditions have been a factor, but in this case, this element was not an existing condition and there are alternatives. Motion to deny passed unanimously. It was noted the applicant has 10 days to appeal the decision. 2 Brendon M. Stryhn Representing: David & Sarah Handley 702 W. Churchill Street Stillwater, MN 55082 City Council Members Cc. Mike Pogge City Council of Stillwater, MN Dear Council Members: Thank -you for the opportunity for allowing us to appeal the decision made during the City Planning Commission meeting. We feel that it is possible that we did not do a sufficient job of explaining our position and are grateful for the opportunity to try and better explain our point of view for the council members. We feel that this is a minor variance request that significantly improves the function of the property, has no immediate consequences to any adjoining property owners, and is similar in scope to other variances that the city has routinely granted in the past. In this letter I will try to clarify some of the issues brought up at the planning meeting. During the planning meeting one of the members brought up a case they had recently reviewed in reference to a fence that was built and didn't meet the setback requirements. After reading the minutes from that meeting we don't feel that this was a fair comparison due to the fact that the fence was built on city property. The fence was not even built on the owner's property, and therefore we feel this was an unfair comparison. In your letter from the planning department under "Evaluation of Request" item number (1). We understand that it must be looked at as if the improvement was not in place. While we disagree that cities are not allowed to consider financial hardship to their citizens, financial hardship is not our biggest concern or argument. We feel as though we meet this requirement due to existing conditions on the site that were not caused by me as the builder or the current homeowners. Besides the obvious restrictions of a long narrow lot, we had a multitude of decisions that had to be made in reference to water drainage on the site. These decisions were made with the best intentions to try and stop the existing garage from flooding which was a serious problem as well trying to mitigate the amounts of water this property drained into the neighbor's property directly behind this site. Water was a serious issue for previous owners of the site and for the rear lot neighbor. We did what we could to mitigate the water issues for all affected. In direct relation to the rear deck itself we had many issues to deal with. State codes require a minimum drainage slope away from the main dwelling. Because of the proximity of the house to the garage this slope brings the water right to the side of the [Recipient Name] March 25, 2011 Page 2 existing garage. Knowing that in the past, even without the slope the garage had issues with flooding we knew that we would have to install a drain tile system to remedy this issue. Between the slope, drain tile, and minimum widths in relation to stairs and landings we did not have enough room to put the stairs between the garage and the house. Since we changed the grade in the front of the house to remedy the water drainage issues in the front of the home we were left with a large retaining wall leaving our only option for safe entry from the garage to the rear of the home by the use of a stair case on the deck. There are (3) reasons that we did not install the stairs closer to the garage. 1. To meet the current 5 foot set back the stairs would have to be built against or very near the existing garage which is a free floating structure that can and does move with frost. 2. The primary reason that the stairs were moved over was because the drain tile system runs between the garage and the stairs and we feared that if the stairs were built there that leaves and other debris could build up under the stairs blocking proper drainage of the area. 3. As the new homeowners pointed out at the planning meeting without that small area between the stairs and the garage they would be forced to walk all the way around the garage to access their back yard. These are all conditions that we feel are unique to this lot and are the result of existing conditions to the lot prior to our ownership. We feel that we did the best we could to accommodate a very difficult problem that needed to be solved. For these reasons we feel that we meet the criteria for item number (1) of the "Evaluation of Request ". Under item number (2) of the "Evaluation of Request" the planning department uses the Krummenacher V. City of Minnetonka case as their reasoning. In the application for variance that was seen right before us at the commission meeting this was completely ignored and the planning department recommended approval and the planning commission voted and granted approval of the variance. One of the members of the planning commission mentioned that he spoke to the city attorney and that he didn't "Put much weight to the Krummenacher decision ". We only ask for fairness in this situation. We ask that if the Krummenacher decision is not going to be the means of determining a variance request for other citizens of the city, that it not be a determining factor in ours. [Recipient Name] March 25, 2011 Page 3 Thank -you for the opportunity to speak to you about our request and we look forward to meeting with you and answering all of your questions. Sincerely, Brendon M. Stryhn Representing: David & Sarah Handley 702 W. Churchill Street Stillwater, MN 55082 March 7, 2011 To Whom It May Concern: I am writing to respectfully request a variance be approved for our property located at 702 Churchill St. W in Stillwater. We purchased this recently restored house on December 3, 2010. On December 21, 2010 we received a letter from the City of Stillwater explaining that our deck is not in compliance with setback requirements outlined in zoning requirements. We believe our request for variance should be approved based on meeting or exceeding the conditions outlined in City Code, Chapter 31: • A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or _financial difficulties, loss of prospective profits or neighboring violations are not hardships justifying a variance. A hardship peculiar to our property exists in that deck modification to meet setback requirements would result in a loss of safe access to our primary house entrance. Without the existing stairs the only remaining access to the house entrances will be via the street. In other words, if the deck is modified and stairway eliminated we will be required to walk in the street to gain access to our house. The property was designed and built with the intent of providing access via stairs from the rear of the garage to the rear of the house. To be clear, we have been unable to determine a method for deck modification that will satisfy the 5 -foot setback requirement and not simultaneously require removal of the stairs. • A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. If approved, this variance will preserve the enjoyment, function, and appeal of a significant and visible portion of our property. Fulfilling the setback requirement will require a significant modification to the deck and elimination of stairway house access, resulting in inhibited normal and safe foot traffic. • The authorizing of the variance will not he of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. If approved, the variance will result in the deck stairs reaching 2.5 feet into the 5 foot setback requirement. The Churchill property located to our immediate West is the only other property in this immediate area. There are no structures, access, or usages present in this area of the neighboring property; therefore, there is no detriment. Approval of this variance will result in no material impact or impairnient and the purpose or intent of this section of property will be unaffected. The comprehensive plan is affected only in that approval of this variance will result in maintaining safe access to our house entrance. Your consideration in this tnatter is greatly appreciated. We welcome any questions or clarifications we can provide, including a personal showing of the affected property. Best regards, Dave and Sarah Handley 612 -584 -8508 Brendon M. Stryhn — Representing David Handley 702 W. Churchill St. Stillwater, MN 55082 February 1, 2011 Planning Commission Attention: Mike Pogge City of Stillwater, MN Dear Planning Commission: We are asking that you please grant a variance in reference to a deck landing and stairs that provides necessary access to the home from the garage. As you will see from the photos and plans this deck is not something that is excessive or meant to provide any purpose other than connecting the home to the garage. I will explain why the decision was made to install these stairs. During construction it was brought to my attention that the neighbor to the rear of the property has struggled with water runoff from this property for years costing her significant stress not to mention thousands of dollars trying to come up with solutions. As a solution we raised the elevation on the house portion to force all water from that section of the yard to drain to the street instead of down the length of the yard and into the neighbor's property. Due to the elevation of the street and the fact that we were restricted to use the existing garage this raise in elevation to the house left the garage elevation several feet below that of the house. Our only option was to build a large retaining wall that spans from the house to the street to make up this difference in elevation. This also meant that we needed to create a drain tile system between the garage and the home due to the fact that the water between the two structures had nowhere to go. The stairs were bumped out from the corner of the garage because of this drain tile system running between the deck stairs and the garage corner. Otherwise we could have pushed the stairs closer to the garage to avoid this issue. Without the approval of this variance and the subsequent removal of the stairs the homeowners will be forced to walk out into the street to get access to the back door of the home from the garage. We ask that you please approve this application. Thank -you for your time and consideration. Sincerely, Brendon M. Stryhn Owner Representative )0)- ET-ro stC:n De±c:! -stn[ 1 �e1 f C G ITS Pvls D EGRESS/ WINDOW 7Q dftitarirt cn a��m--k EXISTING HOUSE Kt,\(-)65: c, 1 L- SET P.K. NAIL IN BITUMINOUS AT PARCEL CONREQ. EXISTING GARAGE 2. ffr\ SET ----- SPIKE ON LOT LINE 25 - MCK. WALL -1 EXISTING HOUSE 1 r 1 P012 OH ,---- SOUTH LINE OE BLOC4, 7, HOLCOMBE'S ADDITION f CERTIFICATE OF SURVEY FOR: S & K HOLDINGS LLC n NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, W ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. G SURVEY PURPOSE THE PURPOSE OF THIS SURVEY WAS LOCATE THE EXISTING DECK AND IMPROVEMENTS ALONG THE WEST LOT LINE THAT WERE RECENTLY CONSTRUCTED. THIS SURVEY LOCATES AND SHOWS THE WEST LINE OF LOT 12 ONLY. THIS IS NOT A BOUNDARY SURVEY. G EXISTING LEGAL DESCRIPTION (as provided by the owner) LOT 12, BLOCK 7, HOLCOMBE'S ADDITION, WASHINGTON COUNTY, MINNESOTA, EXCEPT THE NORTH 12.00 FEET THEREOF. C CERTIFICATION: hereby certify that thls survey, plan or report was prepared by me or under my direct supentslan and that 1 am a duly licensed taro Surveyor under the laws of the State of Minnesota. DANIEL L License. No. 25718 boar 12 -17 -09 EXISTING SPIKE CN LOT LINE EXIST INC HOU59 BITUMINOUS ORIVEWAY ' BITUMINOUS /ORIVEWAY --....4J 1 N... SOUTH HARRIET STREET PROJECT LOCATION: 702 CHURCHILL ST. W. STILLWATER, MINNESOTA NORTH 0 20 40 SCALE: 1 INCH = 20 FEET WATER VALVE UTILJTY POLE LIGHT POLE —Ff'— OVERHEAD WIRES GAS METER - FENCE - CONCRETE • DENOTES FOUND 1/2' IRON PIPE o DENOTES SET 1/2" IRON PIPE MARKED RLS 25718 Total Lot Area Lot Depth V, Lot Width 6,902.4 SO FT■ 137.8 FT. 50.0 FT 190556L9 STREET VACATION FOUND 1/7 IRON PIPE NARKED WEST CHURCHHILL STREET (87Uf1NOU5 SURFACE) 'STACK' Suke 08100 200 East Chestnut Street SBtwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssuryey .net CORNERSTONE LAND SURVEYING, INC - �U L . «Lcct,: t( c s CERTIFICATE OF SURVEY FOR: S & K HOLDINGS LLC C NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. C SURVEY PURPOSE THE PURPOSE OF THIS SURVEY WAS LOCATE THE EXISTING DECK AND IMPROVEMENTS ALONG THE WEST LOT LINE THAT WERE RECENTLY CONSTRUCTED. THIS SURVEY LOCATES AND SHOWS THE WEST LINE OF LOT 12 ONLY. THIS I5 NOT A BOUNDARY SURVEY. C EXISTING LEGAL DESCRIPTION (as provided by the owner) LOT 12, BLOCK 7, HOLCOMBE'S ADDITION, WASHINGTON COUNTY, MINNESOTA, EXCEPT THE NORTH 12.00 FEET THEREOF. G CERTIFICATION: I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of thh a of Minnesota. DANIEL L4MORMES License. No. 25718 bate 12 -17 -09 EXISTING i GARAGE/ EDGE OF BITUMINOUS DRIVEWAY -- T — � BITUMINOUS/ DRIVEWAY Lv SPKE ON LOT LINE SOUTH HARRIET STREET FOUND 1/2' RON I - POSSIBLE STREET VACATION .1 PIPE MARKED "STACK' WEST CHURCHHILL STREET (BITUMINOUS SURFACE) L_ PROJECT LOCATION: 702 CHURCHILL ST. W. STILLWATER, MINNESOTA NORTH 0 20 40 SCALE: 1 INCH = 20 FEET WATER VALVE UTILITY POLE LIGHT POLE OVERHEAD WIRES GAS METER FENCE CONCRETE • DENOTES FOUND 1/2" IRON PIPE o DENOTES SET 1/2" IRON PIPE MARKED RLS 25718 Suite #8100 200 East Chestnut Street Salheeter, MN 55082 Phone 651.275.8969 Fax 651.275.8976 den@ cssurvey .net CORNERSTONE LANE) SURVEYING, ING City Council DATE: April 29, 2011 REQUEST: Millbrook 5th Addition Final Plat and Final PUD Site Plan APPLICANT: Joe Jabonski, U.S. Home Corporation LOCATION: State Highway 96 west of South Twin Lake MEETING DATE: May 3, 2011 REVIEWED BY: Community Development Director PREPARED BY: Michel Pogge, City Planne CASE NO.: 11 -08 BACKGROUND The Preliminary Plat and Concept Planned Unit Development for Millbrook was approved by the City in the Summer of 2006 and subsequently amended in July of 2010. The 170 acre preliminary plat includes 172 single family homes and 98 townhomes. Development of the property is planned to occur in three overall phases. The application at hand is the second plat of Phase II. This plat is known as Millbrook 5th Addition and includes a total of 37 single family homes of which 19 are zoned Cottage Residential and the remaining 18 are zoned Traditional Residential. The roads Lowell Court and White Pine Way (currently White Pine Way is incorrectly labeled on the plans as Millbrook Circle) along with all of public utilities will be installed by the developer to support this plat as part of the site improvements. Millbrook 5th Addition — Final Plat and Final PUD Site Plan April 29, 2011 Page 2 REQUEST AND ANALYSIS The specific request before the City is to approve the Final Plat for MILLBROOK 5th ADDITION and the Final PUD Site Plan. The City Council adopted a resolution approving the preliminary plat and concept PUD permit for MILLBROOK on August 15, 2006. On July 28, 2009, the Council adopted a resolution approving an amendment to the preliminary plat and concept PUD permit as they apply to the single - family homes in MILLBROOK. The July 2009 revised PUD permit added additional house plans to the mix and also reduced the number of homes in the Cottage Residential areas by four units. This plat represents an area where three of the four units were going to be eliminated. The developer is now requesting that they revert to the original lot layout for the area west of Lowell Court and use the revised lot layout for the lots east of Lowell Court. This will result in the loss of only one lot versus the three that were proposed under the July 2009 plan. The lots in this layout will still be well above the required minimum lot size and meets the minimum lot widths for lots in the Cottage Residential zoning district. Staff sees no issue in allowing this change. Since the plans are substantially similar to the preliminary plat and concept PUD permit approved, the final plat and final PUD permit for Millbrook 5th Addition are subject to the pertinent conditions of both resolutions of approval. They are detailed below. A. August 15, 2006 Resolution Conditions. 1. The Final Plat and Final Planned Unit Development application shall be substantially similar to the following plans prepared by Sathre - Bergquist, Inc., and on file in the Community Development Department, except as modified herein: Site Plan dated 7/21/06 Phasing Plan dated 7/24/06 Buffer Averaging Plan (including trails) - 8 sheets dated 6/26/06 Preliminary Site Map* (Sheets SM2 - SM6) dated 1/17/06 Preliminary Plat (Sheets PP1 -7) dated 3/30/06 Final Grading Plan (Sheets GP2, 3, 4, 4A, 5, 6) dated 4/12/06 Final Utility Plan (Sheets 2 -5) dated 4/12/06 Preliminary Landscape Plan (Sheets 1 -4) dated 2/1/06 *Except trails to be as shown in Site Plan dated 7/21/06 The final plan submittals for MILLBROOK 5TH ADDITION are substantially similar to the approved preliminary plans. 2. The developer shall complete a Lakeshore PUD worksheet and submit it to the Minnesota Department of Natural Resource's (DNR) Area Hydrologist prior to submitting an application for a final plat for Phase One. If the DNR review results in substantial changes to the Preliminary Plat or Concept PUD plans, then the developer shall resubmit the Concept PUD and Preliminary Plat for review by the City and Joint Planning Board. This condition has been satisfied. Millbrook 5th Addition — Final Plat and Final PUD Site Plan April 29, 2011 Page 3 3. The trail and sidewalk system shall be constructed substantially the same as represented in the following plan sets on file with the Community Development Department: a. Carnelian Marine Trails - Revised (Sheets CM -1, 2, 3) dated 6 -21 -06 b. Brown's Creek Trail - Revision 3 (Sheet BC 2b -1) dated 6 -26 -06 c. Brown's Creek Trail - Revision 2 (Sheet BC 2 -2 + 2 -3) dated 6 -22 -06 d. Revised Sidewalk Plan (Sheets SP -1, 2,3) dated 6 -21 -06 Park and trail plans for MILLBROOK 5TH ADDITION are consistent with the approved preliminary plans. 4. All trails shall be paved. This condition has been satisfied. 5. Prior to release of the final plat for Phase One, a blanket easement shall be provided over the open space outlot on the south side of South Twin Lake for trail purposes. Should the Carnelian- Marine Watershed District rules ever change and allow a trail closer to the lake, the easement will give the City the right to construct that trail. This condition has been satisfied. 6. Prior to release of the final plat for Phase One, the developer shall provide a 20 foot wide general easement allowing for future use for trails and utilities on the property along the south side of State Highway 96 right of way. The easement shall be reviewed by the City Engineer and City Attorney and found satisfactory to them in both form and content. This condition has been satisfied. 7. The trail connection to State Highway 96 along Outlot F shall be allowed as shown only if the wetland in the ditch is determined by a State licensed delineator to be an incidental wetland. If it is not an incidental wetland, then the trail shall be realigned westward along the rear of Lots 17 through 19. Documentation from the delineator shall be submitted together with final plat application materials for the Phase One final plat. This trail connection was originally important when the regional trail connecting Stillwater to St. Paul was identified to run along the south side of State Highway 96. Now with the prospect that the regional trail will fall along the Minnesota Zephyr alignment and no regional trail will be constructed along State High 96, this trail connection is likely no longer needed. Additionally, staff would recommend against installing this trail connection now since there is currently no safe pedestrian path along State Highway 96. In the off chance that a trail is not constructed along the Minnesota Zephyr alignment, staff recommends we obtain a trail easement now for a future connection if it would be needed in the future. 8. Lots 129 and 149 adjacent to the trail access off of the roundabout will be restricted by covenant to have open rail fencing and non - continuous shrubbery not exceeding four feet in height along their side and rear lot lines abutting the trail corridor. This is to provide for a more inviting entrance to the trail system. This condition applies to a different phase of the project. 9. The Developer shall provide water service stubs at each park with three stubs to be included at the large active park. A sanitary sewer stub will be provided at the large active park at a place yet to be determined by the City of Stillwater. This condition has been satisfied. Millbrook 5th Addition — Final Plat and Final PUD Site Plan April 29, 2011 Page 4 10. The two active parks will be graded by the developer as part of the first phase of development and the developer shall establish turf to the satisfaction of the city prior to the City's assuming maintenance of same. This shall at a minimum include mowing, fertilizing, rock picking, leveling, trimming, weed management and over seeding as necessary. Target date for the first transfer of park land will be fall of 2007. The park sites were transferred to the City in the Fall of 2010 and the requirements for the final turf establishment is covered in the Millbrook Plat 4 development agreement. 11. The Brown's Creek trail link on the Millbrook property that connects to the Carlson property to the south shall be installed by the developer at the same time that the Carlson property trail is constructed, if prior to construction of the final phase in Millbrook. OK. 12. An as built easement map showing 30 foot easements where possible (minimum of 15 foot) for trails shall be completed and recorded as each section of trail is completed. OK. 13. Final civil engineering plans shall be found satisfactory to the Stillwater Public Works Director or they shall either be: a) revised to his satisfaction; or b) reviewed by the City Council and approved. The civil engineering plans have been reviewed by the Public Works Director and were found substantially satisfactory. There are a few minor changes that need to be made and staff expects will be addressed by the applicant's civil engineer shortly. 14. Prior to commencement of any grading on the subject property, the developer shall enter into a Development Agreement that is approved by the City Council. An addendum to the master development agreement for MILLBROOK was signed already for the first phase. A development agreement for this plat will be presented to the City Council with the final plat. Millbrook 5th Addition — Final Plat and Final PUD Site Plan April 29, 2011 Page 5 B. April 17, 2007 Resolution Conditions 1. The Final Plat and Final Planned Unit Development Permit applications for the townhomes shall be substantially similar to the following plans on file in the Community Development Department, except as modified herein: Preliminary Plat Amendment (Sheet PP) dated 1/8/07 Preliminary Grading Plan (Sheet GP1) dated 1/12/07 Preliminary Utility Plan (Sheet UP1) dated 1/12/07 Preliminary Landscape Plan (Sheet LP1) dated 1/12/07 Colonial Foundation Planting Plan (Sheet L1) dated 6/8/061 Architectural elevations submitted with materials for 4/17/07 Council Meeting This condition is satisfied. 2. Any conditions applicable to the townhome development that are found in Resolution No. 2006 -179 (Resolution Approving Preliminary Plat and Concept PUD Permit) shall continue to be applicable. This condition is satisfied. 3. Evergreen trees shall be added to screen the driveways from the public streets and shall be added along the north side of White Pine Way between the street and the townhome pond. The landscape plan has been revised to include these plantings. 4. Three to four architectural elevations shall be developed for the ends of the units that face the public street and the pond. This condition is satisfied. 5. In order to reduce the mass of the units a variety of materials and colors shall be introduced into each building with variations amongst the buildings. This condition is satisfied. 6. Depending on the orientation of the building, sidewalks shall be extended from the ends of the units to either the sidewalk along the public street or to the sidewalk surrounding the pond. This has been included in the revised plans. 7. Material samples shall be submitted with the Final Plat and Final PUD Permit applications to be reviewed by the Heritage Preservation Commission. This condition is satisfied. 8. All minor modifications to the Design Review Permit shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the HPC. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. Augmented by foundation planting plan submitted together with materials for 4/17/07 City Council meeting Millbrook 5th Addition — Final Plat and Final PUD Site Plan April 29, 2011 Page 6 July 28, 2009 Resolution Conditions 1. The Final Plat and Final Planned Unit Development application shall be substantially similar to the plans prepared by Sathre - Bergquist, Inc., and on file in the Community Development Department as listed in Stillwater City Council Resolution Number 2006 -179 except as amended by the revised concept sketch dated May 8, 2009. This condition is satisfied. 2. The developer shall complete a Lakeshore PUD worksheet and submit it to the Minnesota Department of Natural Resource's (DNR) Area Hydrologist prior to submitting an application for a final plat approval for the lots being revised with this amendment. If the DNR review results in substantial changes to the PUD Amendment, then the developer shall resubmit the PUD amendment or review by the City and Joint Planning Board. This condition is satisfied. 3. The proposed traffic calming median in White Pine Way shall align with the proposed trail between Lots 7 and 8 on the north side of White Pine Way as shown on Area B. Additionally, the trail north of lots 7 and 8 on the north side of White Pine Way as shown on Area B shall be adjusted to remove the multiple 90- degree turns. This condition applies to an area not included in this plat. 4. Conditions 3 through 14 in Stillwater City Council Resolution Number 2006 -179 shall remain in effect with this PUD Amendment. This condition is satisfied as noted above. 5. Changes to the lots sizes are approved for Area A and C. The lot sizes for Area B shall remain unchanged. This condition applies to an area not included in this plat. 6. The new house plans shall only be used on the CR lots. This condition is satisfied. CITY OF STILLWATER PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the Final Plat and Final PUD request at their March 14, 2011 meeting. They recommended Stillwater City Council approve Millbrook 5th Addition Final Plat and Final PUD Site Plan subject to the following conditions: 1. A trail easement be provided that starts at the trail that runs between Block 1, Lots 4 and 5 to State Highway 96. 2. The street name shown as Millbrook Circle shall be changed to White Pine Way. 3. The comments in the memo date March 3, 2011 from Assistant City Engineer Torry Kraftson to Dan Schmidt of Sathre - Berquist shall be addressed. Millbrook 5th Addition — Final Plat and Final PUD Site Plan April 29, 2011 Page 7 ACTION BY THE STILLWATER TOWNSHIP /CITY OF STILLWATER JOINT BOARD The Stillwater Township /City of Stillwater Joint Board (Joint Board) held a public hearing and reviewed this request at their April 20, 2011 meeting. As a final plan, the Joint Board is charged to review and make comments on the plan. The Board found that it followed the approved preliminary plat and had no comment on the proposed plat. CITY OF STILLWATER STAFF RECOMMENDATION Approve Millbrook 5th Addition subject to approval of a development agreement for the plat. cc: Joe Jablonski § 32 -1 FPA (1) APPLICANT } 1 Name: U•..: " "4 C..-7)1"-et•T vas / 0(3 F''f4 1..0,o91...a,r Company: 1 " #f V "''° \H 13r OA. S • 1 Address: 3S L`: � i 6,14i its -7k (. (i, City: /Jet 1 TA State: fit) Zip Code: C Telephone: (W)9C-2- - zyy y(FAX) (H) €�.I Jpe, ) (2) PROPERTY FEE OWNER Name: ►`� STILLWATER CODE FINAL PLAT APPLICATION (%C FEE -41&)(: PAID 00 dG Cia Company: Address: Telephone: (3) SURVEYOR Name: Company: Address: 7943 &hint5/e.4 f_ E3 cum* City: State: Zip Code: (W) (FAX) (H) i r ' J S C ) r v ✓Yf/ ��✓:.ic�tVK�I City: r,J . 7 h T K State: M A.) Telephone: (W) (FAX) (H) �j t 't7b b OP Z-;) (4) Property location: Legal description: Zip Code: ' S 3 ' / / (5) Name of development: Number of lots: Current land use: Proposed land use: Current zoning: Proposed zoning: (6) Ali([ rGelt� 3 ,= Ze.S tact; -- (1 !r v1wir Anticipated project completion: /(,2LJe- SUBMITTAL REQUIREMENTS: (Five copies and one reduced 81/2 inches x 11 inches) �7 Final plat (F) Electronic FP Format Tree preservation and landscaping plan (TLP) Street and utility plan (SUP) Grading, drainage, stormwater and wetlands plan (GDSWP) Other information (OI) 81/2 -inch x 11 -inch transparency CD32:38 SUBDIVISION CODE OF THE CITY OF STILLWATER § 32 -1 I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city requirements. I understand that the application will be processed when it has been found to be complete and adequate by the community development director. Property fee owner(s) signature(s): Applicant(s) signature(s): i Date: t'20' 7—:' l I PLEASE NOTE: If property fee owner is not the applicant, the applicant must provide written authorization by property fee owner in order to make application. (Ord. No. 837, 2- 18 -97) CD32:39 584 °57'5rwp04p 39.17 8,0 9178808032.E ( INSET A ) S84.13•39'w 1 I I I I L 4ALJ 64 r 69.33 1 I I I I 1 I I 2 0 P L snn _.I MILLBROOK 5TH ADDITION ( INSET B ) $ NOME -• Tee. R� _�w Se4. 7'37y_ Is s.37 I 'es'b 20.93 ' 87. L 60.33) l 6 1 a TI flee I y -yFIR 1 R II 60.69 885 °5640'6 1129A o �°0a037 D3 6721,E FB ^571 25' 1� s. I 1'.4-2749 01• •5 I 'L N82°07•03'E J r 1,4 L 85..29 6 RI 879°5a'14'W J r 157.02 7 $1 L _ JS798_5�14'f_ _ J fl r 159.85 1 aJ�j �l Ih 8 &I —rods --� 9 sl • .h9 ;e \ \N;• 2 J \ono A 1p \ .i / Is SATHRE - BERGQUIST, INC. a b .46ry fut \ 2 \ ee`% NORTH CO 30 o 00 eo 120 I INCH EQUALS 60 FEET SCALE R2 FEET 30 88$0 6r w. S4vu6 syttRm Y the Rum emmly 4wotOU#I H,MILEROOK; WW 0a # • e Ours0 Mam wlrBu I°o4'42`w. BENCE/AAR. 14114 CM Of SEC. IMES. NI. ROE. 20. WASNINGTON COUNTY. MINNESOTA AS. CO. MON. BENCHMARK: ELEV =919.91 FT. NATIONAL GEODETIC VERTICAL DATUM 192931.0.V.D.1929) O Doom 41/2 1.84 by 14 inch Imo pipe sm in the m 8pu wbSa. MS. of plat sad l year Lucue No 2476.. • Denotes e round Iron Moms. • Denotes Fou C„u#n.M4ment DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: NOT TO CAIE D MOD eM44pin nS #t linen, unless otivw00 indicestl. 910 l 0 fut iewid#w# e4join9w righl ofwry line. ,wens olhowiee imam uelwi.onUmOA. PRELIMINARY 02 -14 -11 SHEET 3 OF 3 SHEETS f DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF STILLWATER AND U.S. HOME CORPORATION FOR MILLBROOK 5TH ADDITION Pursuant to the Master Development Agreement Dated March 13, 2007 This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651 -439 -9464 telephone 651 -439 -5641 fax ADDENDUM FOR MILLBROOK 5TH ADDITION TO DEVELOPMENT AGREEMENT FOR MILLBROOK Originally Dated March 13, 2007 This Agreement made this day of May 2011 between the City of Stillwater, a political subdivision of the State of Minnesota ( "City ") and U.S. Home Corporation, a Delaware corporation ( "U.S. Homes ") (the "Developer "). 1. INTRODUCTION. On March 13, 2007, U.S. Homes and the City executed a Master Development Agreement ( "Master Development Agreement ") for the development of Millbrook, a residential community. The purpose of this Addendum is to facilitate the build -out of Millbrook 5th Addition, and the installation of public improvements needed to serve this phase of the development. In general, the 5th Addition will include 37 Single Family Homes, 19 of which are Cottage Residential and 18 are Traditional Residential. A map of the 5th addition is attached as Exhibit A. 2. SAVING. The Master Development Agreement will remain in force and effect except as expressly modified in this Addendum and for the purposes of this Addendum is restated as if set forth verbatim. 3. DEVELOPER IMPROVEMENTS. The City is willing to allow the Developer to connect to the Public Improvements installed for Phase I as described in Section 4 of the Master Development Agreement, and install the Developer Improvements necessary to provide the full range of municipal services to the 5th Addition. The public improvements and estimated of costs are attached as Exhibit B. 4. CONSULTANT FEES AND CHARGES. The Developers will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developers, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. 5. SECURITY FOR COST OF DEVELOPER IMPROVEMENTS. Developer must, prior to beginning work on any Improvements, provide the City with cash, letter of credit or other surety, with the form of any non —cash surety to be satisfactory to the City Attorney in the sum of Six Hundred Ninety Four Thousand Nine Hundred Fifty Four Dollars ($694, 954.00) The surety must be a guaranty to the City that the Developer Improvements will be timely completed to the City's satisfaction. The cash, letter of credit or other surety must be maintained continuously by the Developer until the Developer Improvements are completed to the City's satisfaction. The cash, letter of • credit or other surety for Developer's Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of the Developer Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made. A Letter of Credit or other surety must permit the City to draw upon it for the full face amount of the cost of curing any default of the Developers upon ten (10) days written notice to the Developers of its opportunity to cure, with respect to performance items, and seventy —two (72) hours written notice with respect to erosion control compliance. 6. CONDITIONS OF APPROVAL. The conditions of approval for the final plat of the property, as set forth in Resolution No. 2007 -92 enacted by the City Council on August 15, 2006, must be satisfied for the property as well as any applicable conditions imposed on the preliminary plat and Planned Unit Development permit set forth in City Resolution No. 2007 -93 and Resolution No. 2007 -94 enacted by the City on April 17, 2007, and conditions of approval enacted for the 5th Addition by Resolution No. , enacted by the City Council on May 3, 2011. 7. MARKERS. Developer must install markers locating and identifying all natural, open space and parkland areas at each and every property corner where ever adjoining private lots meet these areas, to the criteria set forth by the City Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of May, 2011. 2 CITY OF STILLWATER James Roush, Vice Mayor ATTEST: Diane F. Ward, Clerk DEVELOPER: U.S. HOME CORPORATION, a Delaware corporation By Its: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2011, before me, a Notary Public within and for said County, appeared James Roush, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Vice Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2011, by the , duly authorized agent for U.S. Home Corporation, a Delaware corporation, the Developer. Notary Public 3 EXHIBIT "A" MILLBROOK 5TH ADDITION 1 11 __1.j— —- - � —of _- �– /�irsu¢amun u _ -��11� 'SINS T A I1 $ • - -t., m,.NU l –^ 1 Art 1.f ..j )' Mai , L 1 i 6.4 i 1 ,�99 .. �VV, OUTLOT l A Lam.-, '4a..,--f...1.. "' `aarm'"'°n?J /34++p'p \''', sn n n brow m uw. T. INSIsT sue_ `. �•?.X.fr.A# a ii.. No Oaan•la:... i' r ' AN; i's.,,. O �,y� p+ / . m."`d� & • t °UOUO[ANOVIUrtrEum 1001µa,NOCw,,EI0 1 NW TO.. 1 Own 4 s .NW . 0000 •003040•••••0‘ wilf..0.20.0000 V0,00. eues Me. me* gas Illept■ l * i SATHRE- BERGQUIST, INC. t`w ✓ mn.4N•+ V O OUTLOT B fJ i aN•srar. 167..34 1 3� ( 1 ` � sh 1 ► 1 I .t�Y•'w�::K R^..:.7 t :=1.4 O ^Y ,RC...... _t i L — _J _ -- 1 14 1 1 1 Ira 1 ; xsY.Wa•R lam.f�� a ~4 �•ar.\ Nrara• r rim /y S by Rca''S wV':cr E �, °aN; PRELIMINARY 02- 14 -11�„� NORTH Ir lm 4 nr l Ilwatii. r w 0000••ba•00spi eroe 4040 Ye OMLIIIlno R 00000.00000000 040. 000.10.0.10L NW COL Oi •a1C 1E,M,. la ME m MA.0100700 00I0,1. Wm tlWN °Nm.m.w. Ora* 0,00000. 0500•00 V001.00.1110 0.0001,0,90 . I4k** a ••••••••••00100,01.00 ` 010•6001. rw. • 0•180141.0•04.0•••••••• •- O.N.•Ome••• KO, Nim SHEET 2 OF 3 SHEETS EXHIBIT B DEVELOPERS IMPROVEMENTS AND ESTIMATE OF COSTS ITEM DESCRIPTION PRICE Site Grading $25,000 Sanitary Sewer $92,000 Watermain $88,000 Storm Sewer $28,000 Streets $143,000 Infiltrate Basin $30,000 BituminousTrail $53,000 Concrete Walk $97,000 GRAND TOTAL $555,963 x 125% $694,954 5 MILLBROOK 5TH ADDITION KNOW ALL BY THESE PRESENTS: That U.S. Home Corporation. a Derma,. corporation, fee owns of the foebwing described property situated in the County of Washington, Siam afMiangan to wit: Outlma H, MILLBROOK, anviding to the accreted plat thereof W vahiugloo Comity, Miweeaa. Has cnsueed the same to be surveyed td planed u MILLBROOK 51H ADDITION end does hereby dedieaw the drainage and utility easements u ebowo on this plat to agnate whereof said US. Home Corcoran., a Delaware corporation has cawed Moe presents 10 be signed by ha preps o1RUr this _ day of , 2011. Shored: US. Home CarpmWoo Ion Awe, Division Vice Pasdeet STATE OF MINNESOTA COUNTY OF The tangoing Wtummt was acknowledged Won the this _ day of 2011 by ion Auoe, OlviliO. Vise President of U.S. Homo Corporation,• Delaware corporation m belulf of the corporation. Pmmvnt to Chapter 920, Laws of Minnesota, 1971. this plat has been approved this day of 2011. By: By: Washington Canon, Scathe,. Athwart Cowry Surveyor Nelay Fubii4 County, Mimeew MyC IWon Expires COUNTY n County, Washington Cowry, Mimmou 1 heerly eatlfy that t bass surveyed and planed or directlysrymised the survey sad plat permed. of the property That are no delioquet lanes, etc cu m& taxes don and payable far he year 200_have been paid. cod transfer has been emend this bawled on this plat as MILLBROOK 511 ADO[I7ON; that the plat is • correct rearaamuion of that boundary 2011. army: that all mab.oaieal dos and labels are correctly designated m the MW; that W moonset. dapined t the plat have been er wilt be comedy sat within one year at indicated on le pia; A*l W water hotmdadm and wet lands u defined in Minnow 8mules, Stow 505.01, Subdivision 3 egging as of the date of this entifiation era gums and By; 0y. Whaled on the RUC and that W public ways tie groom and labeled on t eeht. Washington County Auditar/fmaaum Deputy STILLWATER, MINNF_$UFA This plat of MILLBROOK 5TH ADDITION was approved by the City Couod ofthe Ciy of 3ti11wemr, Minnesota this day of 2011, td hereby certifies compflmae with all requirements a ae5 forth in Minnesa1e Segues, Section 505.03. Sabel. 2. Signed: CITY OF STILLWATER By: MAYO, By: Clerk Approved by the Nanning Commission of the City of 5tillwaa, Minnesota-this day of By: By: Planning Cammiuion Chairman Pluming Commimon Secretary COUNTY SURVEYOR Washington Court, Minnesota Duel L 8dmidl Lkmsed Lod Sora, Mimteeaa Ganes No.26147 COUNTY RECORDER Washing,. Cowry, Wanes.. Document Number dry of i hereby certify that this lnarwmmt was recorded in this Office of time Canny Recorder fataord on this day of , 2011, et o'clock _ M. and wM duly rtcoMed le WaahieRlon County Records. STATE OF MINNESOTA Wsahingtan County Recorder COUNTY OF The foregoing Surveyda Certificate was acknowledged before me this day of 2011 by Daniel L. Schmidt. Licensed Land Surveyor. Minnesota License No. 26141. Notary Public, Comuy,M sresots My Cwwisum Expires: 1 i SA7HRE- BERGQUIST, INC. \*., .../ By: Deputy PRELIMINARY 02 -14 -11 SHEET 1 OF 3 SHEETS • MILLBROOK 5TH ADDITION I 1 - -- -- _R'rii aeMNl _ ....Knox an, • /-- _399e44'S5'W 994.93 / , --- L- ---- - - STATE Fi;H =gym ,,,,vr . ALCESS >n:m99• vi .c w s tRet —tSRT hr, \ ,i \' 4r '( OUTLOT A J� 6�2tta f %dAJ a ,,,,,,t,\.\ . am> Ittt "� / 110. oaonc WM . 04w wr..xt .e..0 DRAU■O9 ANO UTILITY EASEMENTS ARE SHOWNtIN3: , I'' —J - - L -1 -- I NOFro SCALE 9ev9 5 !eN.+910./1 eEO.<M luq oAlne egvw4 mien n .P.. 4 SATHRE- BERGQUIST, INC. rJ Nd '� a� 4_ fir" ' ^ a';i:' win ".D➢i'1 l c� W:D'OM c� 2RZEI; TEES NC. 2 MOK'JSICK ROAD NORTH COON7t ROAD NO. ti n 0100.97 NON M. MICR) NMCSt9.QVL -1929) IEMRD �I1LR 6twnW M4vo -19» AoCP aMCVN It�s� sN0°,Ti a 91 mTA 4 OUTLOT B tot 1 y �l % 399 °475YW 997.32 A A111/ ag I 'v \ N69.47>4Y )667.61 y - - � °SaJ .GZra M1 i hh 4 L _ PRELIMINARY 02 -14 -11 4 /�. cm. 0- X. 1q /.C• nwrw cwxT.. CAST NON. YON. 1 NORTH Ytil 1911 0 117 L4 I RS 20000 FEET Ile m. bte.e9 . the rw =.=y We of M..N..HLI$ROO.,, trawv. Mi.m9N..ea ammed BENCHMARK- - NN. COB. OF SEC. 19.11VP. )M1 RGE 2R ASNINGTCN COUNT, MPMESOfA WASR CO. MON. 9F'CNMARr 919.44 FT. NATIONAL GEODETIC VERTICAL OAR. 19291N.0 V71-19291 o HIOVdv.1R V.. h�l. pbe rem.. eee ofao'ut� mm gL+mue Ha Tate.. • Demi=.ra..M hen Moan. O Dmv a PemA C•Mm.Mmaver• • -• Ovvrs(7SO0 d2tt900vA VICINITY MAP SECTONS 19 ! 19. 10W20217 30. RANGE 20. 7A919.G70N COUNTY, WNNESOT0 SHEET 2 OF 3 SHEETS MILLBROOK 5TH ADDITION 11 ________lam– ______�5 , ; vVV ROB OFH) _ ___________ --- i"–_-- _-- 1" - - -J c_3-:,,- F ,,,,. 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RE IRAR MN gn«+uGE m9 YErtticAL DATUM I 9 M cv. Iv.9 1 o D S .Ia2w amx �� ._ w�A• We 9m. riwiv weY�R.Ye "7L.Ia m0 01,0q.. mf mm e, um.eDR. 247.. • Dem. .Fount lA0�.- ® Dmae.9...ec..I,,...+or.aat • -. D.camCnmwla N*:.a n� VICINITY MAP mcnoNS .s a 19, mwNSRR 30. RANGE DO. wRSTINGTON cWNTY. IANNESOIA SHEET 2 OF 3 SHEETS 74" so 0,1A i",^1114, , , ' /2 c-------.."---'' -..,,,,,, . , ■ , , ,.....„-, - _ -. . • „.,..„.-_-.1------:-- ---' ,..:_,,, -•, i.;;;.-- \ .7.- ) ,..„..,..... z-____--- „,..._ \.f ,•- 011*4'4" ------ ". T H E B I R T H P L A C E O F M I N N E S O T A City Council Report DATE: April 28, 2011 CASE NO.: 2011 -10 APPLICANT: Raymond Queener, Assistant Supt. of Business & Administration ISD #834 LAND OWNER: School District #834 REQUEST: Ordinance Amendment to allow Early Childhood Education by SUP in the RB Zoning District LOCATION: RB Zoning District HEARING DATE: May 3, 2011 REPORT BY: Bill Turnblad, Community Development Director BACKGROUND The Stillwater Area Public School District has requested a Zoning Ordinance amendment that would allow early childhood education by Special Use Permit in the RB, Two - Family Residential Zoning District. Currently "public and private primary and secondary schools" are allowed by Special Use Permit in the RB district, but early childhood education is not mentioned. SPECIFIC REQUEST Approve the first reading of an ordinance amendment that would allow early childhood education by Special Use Permit in the RB zoning district. EVALUATION OF REQUEST As mentioned, early childhood education is not specifically allowed in the RB Zoning District, though by Special Use Permit "primary and secondary" schools are allowed. Unfortunately, the Zoning Ordinance does not define either "primary" or "secondary ", but they are generally understood to mean kindergarten through 12th grade. Early childhood education is for pre- kindergarten aged pupils. Therefore, to be cautious, city staff interprets the Ordinance to mean by its silence that early childhood education is not allowed in the RB District. Case 2011 -10 April 28, 2011 Page 2 The request is reasonable since early childhood education is substantially similar in many ways to primary education. Moreover, it is a standard offering in public school districts and classes are taught by educators licensed by the State of Minnesota. "Early childhood education" would include both "early childhood family education" and "early childhood special education" as defined by the State. It would NOT include commercial daycare. RELATED REQUEST In addition to the request for an ordinance amendment, the School District also submitted a request to amend their Special Use Permit for the Stillwater Junior High School property to include early childhood education. And though the Planning Commission recommended approval of the ordinance amendment, it tabled the Special Use Permit request for more information. Therefore, the ordinance amendment was forwarded to the City Council for consideration at the May 3, 2011 Council meeting. But, the Special Use Permit request was continued to the May 9, 2011 Planning Commission meeting. It will likely be scheduled to be heard by the Council on May 17th. ALTERNATIVES The City Council has several alternatives available. A. Approve If the Council finds the requested ordinance amendment acceptable, it could approve the first reading. The second reading and ordinance adoption would then be placed on the May 17, 2011 Council agenda. B. Table If the City Council believes that additional information is necessary to reach a decision on the request, it could table the application until May 17, 2011. C. Deny If the City Council finds that the amendment is unacceptable, it could deny it. With a denial, the basis of the action should be given. RECOMMENDATIONS Staff recommends Alternative A. attachments: Draft ordinance Case 2011 -10 April 28, 2011 Page 3 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "EARLY CHILDHOOD EDUCATION" IN THE RB, TWO - FAMILY ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that Early Childhood Education (which includes both "early childhood family education" and "early childhood special education" as defined by the State of Minnesota) is substantially similar to many aspects of primary education. Moreover, primary education is allowed by Special Use Permit in the RB, Two - Family Residential Zoning District. Therefore, early childhood education shall also be allowed with a Special Use Permit in the Zoning District if it meets the Special Use Permit review criteria found in City Code Chapter 31, Section 31 -207. 2. Amending. City Code Chapter 31, Section 31 -315, Allowable Uses in Residential Districts, is hereby amended by allowing "Early Childhood Education" with a Special Use Permit in the RB, Two - Family Residential Zoning District. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk City Council DATE: April 29, 2011 APPLICANT: Alpine Capital, LLC CASE NO.: 11 -11 REQUEST: A zoning text amendment to City Code Section 31 -304 entitled "CTR cove traditional residential district" related to garages. PC DATE: May 3, 2011 PREPARED BY: Michel Pogge, City Planner' REVIEWERS: Community Development Director BACKGROUND Alpine Capital, LLC, is requesting a zoning text amendment specifically to City Code Section 31 -304 (c)(1) subnote 2, which currently states: "Garages must be setback at least six feet beyond the front wall of the house or porch. Except that on 30 percent of the lots, garage may extend beyond the front line of the dwelling. The garage may be side loaded." The CTR and two other "cove" zoning districts were established in the fall of 2000 for the Settlers Glen development. The only property within the City that is currently zoned CTR are 11 lots along Morgan Court. Currently three homes along Morgan Court have garages that are set closer than six feet behind the front wall of the house or porch. One of these homes has a side loaded garage which is entirely in front of the home. The other two homes have garages that sit between four feet behind and two feet in front of the front of the home or porch. As currently written, all of the remaining homes are required to have their garages setback at least six feet beyond the front wall of the home or porch. This would preclude any additional side loaded garages similar to what the applicant would like to build. Therefore, the applicant is requesting that Section 31 -304 (c)(1) subnote 2 be amended to state the following: "Garages must be setback at least six feet beyond the front wall of the house or porch. Except that on 30 percent of the lots, garage may extend beyond the front line of the dwelling. The garage may be side loaded. Additionally, side loaded garages are exempt but must meet special design consideration of four side architecture." CTR Garage Standards Page 2 DISCUSSION Of the 11 lots zoned CTR, currently seven are built on or under construction and four are vacant, so any change will likely have a minimum impact. However, even though these are the only lots currently zoned CTR in the City, the Commission should remember that it is possible that additional land could be rezoned to the CTR classification in the future. Staff has discussed the issue with the current property owner (Alpine Capital, LLC) and Pratt Homes who is driving this change. It appears that this is the only lot that is seeking to construct a home outside of the current regulations. One alternative would be to tweak the percentage and existing language to permit the garage while at the same time ensuring that the community's desire to lessen the impact of garages on neighborhoods is also preserved. To that aim, staff suggests the following language: "Garages must be setback at least six feet behind the front wall of the house or porch. Except that on 40 percent of the lots, garages may be placed in front of the six -foot setback. For the 40 percent garage in front of the six -foot setback, front facing garages can be no more than two feet in front of the front wall of the house or porch; and for side loaded garages, they may be in front of the home but must meet special design consideration of four side architecture." Staff has discussed this with both Alpine Capital, LLC and Pratt Homes and they are comfortable with Staff's recommendation. Therefore, if the Council were inclined to permit the proposed side loaded garage, then staff would recommend that it be limited as proposed by Staff. ALTERNATIVES The Planning Council has the following options: 1. Approve the proposed ordinance amendment as requested by the applicant. 2. Approve the proposed ordinance amendment as recommended by City Staff. 3. Deny the proposed ordinance amendment. 4. Continue the public hearing until the May 17, 2011 City Council meeting. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the request at their April 11, 2011 meeting. They recommended City Council approve the revision to Section 31 -304 (c)(1) subnote 2 of the Stillwater City Code as proposed by City Staff. STAFF RECOMMENDATION That the City Council approve the revision to Section 31 -304 (c)(1) subnote 2 of the Stillwater City Code as proposed by City Staff. ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE "CTR - COVE TRADITIONAL RESIDENTIAL DISTRICT" RELATED TO GARAGES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. City Code Chapter 31, Section 31 -304 (c)(1) subnote 2 is replaced with the following: 2 Garages must be setback at least six feet behind the front wall of the house or porch. Except that on 40 percent of the lots, garages may be placed in front of the six -foot setback. For the 40 percent garage in front of the six -foot setback, front facing garages can be no more than two feet in front of the front wall of the house or porch; and for side loaded garages, they may be in front of the home but must meet special design consideration of four side architecture. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk March 18, 2011 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 To Whom It May Concern: Please find attached for your consideration a Planning Administration Application Form requesting a zoning text amendment. The reason for this request is a garage set back "6 feet from the front wall of the home" would place design constraints on Lot 5. I've included a rendering illustration of a comparison of house massing issues and subsequent outcomes. Our rambler home is designed for a long term Stillwater "empty nest" resident who would like to stay in the city they love. The comparison gets down to the visual impact of a three car front load garage vs. three car side load. Even set back 6 feet from the front wall of the home, the front load garage tends to dominate the front facade. The side load garage softens the garage impact and staggers the home massing further from the street. Included with the application are the following attachments: • Check for $500 payable to the City of Stillwater • Signed check list for Planning Applications • Planning Administration Application Form • Planning Administration Application Form attachment — Zoning Ordinance Text Amendment Request • Code Sec 31 -304 printout with requested text change • Plat map with proposed house location on Lot 5, Block 2, Settlers Glen 5th Addition • Plat map with comparison of house location using existing vs. proposed garage setback requirements • Plat map of Settlers Glen 5th Addition, Lot 5, Block 2 • Topographical map of Settlers Glen 5th Addition • Plans and elevations for a proposed side load garage house • Pictures of side Toad garage homes built by Pratt Homes Thank you for your consideration. If you have any questions, please call me on my cell phone at 612 -834 -1718. Leonard W. Pratt Enclosures Check Ilst for Planning Applications Incomplete or unclear applications /plans will be returned to the applicant and may result In delay of application processing. Check and attach to application. D The application form completed and signed by the property owner or owners authorized representative. El A complete legal description of subject property. D Building plans clearly dimensioned and scaled (16 copies). D The site plan showing exterior property lines, easements, lot width and depth and lot area buildings) location. (See attached site plan example, a parcel boundary survey may be required). ❑ All adjacent streets or right of ways labeled. ❑ Location, elevation, size, height of building or addition, dimensions, matenais and proposed use of ail buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Historic District, additional design detail maybe required). U Distances between all structures and between all property fines or easements and structures. ❑ Show Adjacent buildings to this application site and dimension from property line, ❑ All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions. ❑ Show existing significant natural features such as rock outcroppings or water courses (existing and proposed marked accordingly). ❑ Locate all off- street parking spaces, driveways, loading docks and maneuvering areas with dimensions for driveway widths and parking space sizes. ❑ Pedestrian, vehicular and service points of ingress and egress; distances between driveways and street corners. 0 Landscape plan showing number of plants, location, varieties and container sizes (landscape plan). D Existing and proposed grading plan showing direction and grade of drainage through and off the site; indicate any proposed drainage channels or containment facilities. ❑ Required and existing street dedications and improvements such as sidewalks, curbing and pavement (may not be required ❑ Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect and compatibility with adjacent uses or areas. El Applications for new structures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two -foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. J Other such data as may be required to permit the planning commission to make the required findings for approval of the specific type of application. ✓_� d20/I Date PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 65082 ACTION REQUESTED Special/Conditional Use Permit -.7--- Amendment* Variance Planning Unit Development Resubdivision Certificate of Compliance Subdivision* Lot Line Adjustment Comprehensive Plan Amendment' Case No Date Filed: Fee Paid: 4t. S.-O O Receipt No.: An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accOracy ref al) fonrrs and supporting Material submitted In connection with any application. All supporting material (I e., photos, sketches, etc.} submitted With application becomes the property oft the City of Stillwater. Sixteen (16) copies of supporting materiatere required. If application requires City Council review then a total of twenty -elght (28) copies are required to be submitted: Revlew the Checklist to the Planning Adrnintetratlon Apptfeation Form for the complete list of required items that must be submitted. Anv incomplete gpoticatlon or OA Required - Applications will be rejected without a legal description. A legal description is foun { on the deed to the property. Attach as an exhibit if necessary. �P di =z A After Planning Commission approvals, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project. Assessor's Parcel No, (GEO Coda) Complete Property Legal Description* ( *Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District G'r Description of Projec •�r C '7 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and comet. I further certify I wil comply with the permit if it Is granted and used." Required If other than property owner Property Owner '/` Representative Mailing Address 9rre 7Z ' e fa st4,' Mailing Address City - State - Zip . D 41 1"--"" �%- City - State - Zip Telephone No + ;7 ,c IY/ Telephone No. Email eiee'Vrcilette4ios.e0,12 Email Signature aired) Signature C : \DOCUMENIS AND SETTINGSiSWIEGAND,LOCAL SETTINGSITENJ'ORARY INTERNET FILES‘CONTENT .OUTLOOKIK6SUFJRY\P.ANAPP,UOCX July 22, 2010 (Signature is required) PLANNING ADMINISTRATION APPLICATION FORM ATTACHMENT Zoning Ordinance Text Amendment Request Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Settlers Glen 5th Addition, Lot 5, Block 2 8150 Morgan Avenue North, Stillwater, MN 55082 To Whom It May Concern: Enclosed is the application for text amendment to Sec 31 -304 CTR cove traditional residential district. Sub - section (c) Massing regulations (1) Minimum standards Front setback for garage Existing Footnote 2: Garage must be setback at least six feet beyond the front wall of the house or porch. Except that on 30 percent of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. Proposed New Footnote 2: Garage must be setback at least six feet beyond the front wall of the house or porch. Except that on 30 percent of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. Additionally, side loaded garages are exempt but must meet special design consideration of four sided architecture. (d) Design review. Administrative design review by the community development director is required for all permitted and specially permitted buildings or uses in the Lakeshore district, Building siting, grading, drainage, tree protection and erosion control measures must be reviewed by the community development director for each development site, All standards are minimum requirements unless otherwise noted. Front facing garages must be setback at least six fee more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. a Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. Measured from right -of -way fine. Sec. 31 -304. CTR cove traditional residential district. CTR cove traditional residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31 -315 for the allowable uses within this district. (b) Accessory uses and structures. One detached garage subject to the three conditions below, or one accessory dwelling subject to regulations in Section 31.501, Subd. 2. (1) Detached accessory structures may not have window openings facing the rear property line. (2) Detached accessory structures located on corner lots must have the garage doors turned away from the side street. (3) If there are two garages on site, at least one garage must not face the street or streets if a corner lot. (c) Massing regulations. (1) Minimum standards.1 TABLE INSET: Lot area 14,000 square feet Lot width (at building setback Iine) 80 feet Lot width on cul -de -sac (at front lot line) 40 feet Front yard setback 25 feet 2 Front setback for garage See footnote 2 on this page Side yard setback Interior 7.5 feet Corner 20 feet Rear yard 25 feet Building height 2 stories, not to exceed 35 feet Driveway width, maximum (at front lot line) 14 feet 2) Additional setback standards.3 TABLE INSET: Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet All standards are minimum requirements unless otherwise noted. 2 Garages must be setback at least six feet beyond the front wail of the house or porch. Except that on 30 percent of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. Additionally, side loaded garages are exempt but must meet special design consideration of four sided architecture. Pr e-pc [nCL-P C.-1-1`{-k\ an,...p0-fq Se-EN ef Locjion.,S SETTLERS GLEN 5TH ADDITION • 1 -, r- -r -ti- 1 r- 1- - 1 1 1 1-. if ' - t_ 1 $ 1... l_ 1 + ../ OUTLOT A. 1 � t l 1 1 -1- 1 ♦. -1- 1 11 1 1 1 1 1 1 • I • t . .I t 1• a 1 . 3 ktWr 5104008. i 011'0'!0'1 Al /4 f ) GRAPHIC SCALE 50 50 1Co (w r1E'r) e1c11.xMY o woo sEk V2 NOSY )4 MR lot P1^E ef81 PIA5110 CAP t0 XI WS PC S IC09A5 at ERA= II gf(yq AW MR Ma QC tEAZ.F'�! AE 0:010006 00,10 • 4911133 JG4.1A6_7ft /CH Br N mat nor ion KM PLASM COIMMO 1018 POW tDE1018E SOW fli pIEVfAIWP CC 06 SEPIPPC 315EM S ASS= it itVF.11• 1.1E NORTH tiarltr5dIN • • LA- s, • 1% u. DOOM NO 0011101AS1IDI S ARE 111051 A11/S 11 STS 12° -Et 1 1 ow �S 1111110704. �100318 Old IlcAMM. OaE1AO WU 11 .EEI N WOK MOO VIVYtI17Q AC Am =On Pa 555111 vickirrymAP tam Mt. 30X 11,200i to. ft in. a {Y1RR9a a 141 I �, • S$OYTO5GAIE MCCOirt S9=1C. AND ROOS ASSOCIATES. 0 SHEET 2 OF 2 Si ..•- /43.01.- acres Vetter* 9,F Acs • ; ume104 4...3-3.440--- 431MMS013 MKS SOW wimutt., ft_ an .4131. .833....S.3.--411 0 • AEA EROSION MOROI MAIIIVAIS We a sr...3.g met I rr .rn Narl.b1 se.sau .45 TM. SKOS.33agmelgas -sinspaSskr1.43.11114043.3013181,..... rgtiN,1063•3930•14.001.40•013SESM tttleellelY WW1 flOVERMOP C.054PRICnON salt ....130.4.3.10.030 ...Ss. deass.• 1.1.4 awas.003.1• Ae • 7re osterassa $15Elt 11.....142.31.134.0.317.3.03.73.ASMOSsy...,S 1,q3.3 91.WW1st Solt ..., ,. ElleleerflOVIMAMISOMItli 07110011 ME Settallei calswoosewsugov: xa ., If Rel; ., ,a , 7-4.74.S.4.0.0•03;i- la..4 Moral ren•I b••••1320.2b. uviold r V.2013 . — /;;;Ziereln. vrow.r.rn 4 -4 - dithant*ebat, co4 FRA ft« kostirkts. Client ALPINE CAPITAL, LLC ere .00. V.. TWO Protect SETTLERS GLEN 5T11 ADDITION Location STILLWATER. MN CerStication Less. R. Iss. Summary 4A,Pser Naar within Hitlory Sheet Title EROSION 8 SEDIMENTA11ON CNTRI. R. AN - PH II Sheet Mattel Revision C-5.02 Protect No. ALPISIIM laimid•••••••■•111•1111•111121 r .SHAKE SIDING ST. OLAF FRONT ELEVATION SCALE 1/8" = 1'0" 1 -LV 18X30 BOARD & BATTEN SIDING I��Z ' �� Om Copyright 2011 Pratt Homes Design All Rights Reserved RIGHT ELEVATION SCALE 1/8" = =1'0" i = z m 2 co W 0 2 Builders License No 1 ST OLAF SIDE LOAD Buyers Name O -o C as in E O co 2 a) 73 Tts -o < Friday, March 18, 2011 PAGE 1 1' -6" 32' -0" 77' -6" 44. -0" 5' -0" T -4" 5'- 31/2" 3'- 41/2" 23' -0" 2' -3" 5' -1" 3'- 71/2" 1' -8' 17' -3" iifii ,,,hill i ,, „iioiiiiiiiiiiuiiiuiiiiuiiiii, ,, ,iiiiiioiiiiuiiioiiiiiiii a /02.. 52 2- TW3452 / /I%i / / / / / / / / / / /i, CLOSET KITCHEN KITCHEN r_ ADAr_e GARAGE MUD ROOM 29'-6" 2-6 PKT (OPT) 10” 8 5' -0 3/4" 5' -0" 2 -2x12 HDRS 16' X T GARAGE DOORABOVE 2 -11 7/8 ML I 2- 11 7/8 ML BUILT -INS 13' -10" (OPT) DEN OFFICE SCREEN PORCH 0) COMPUTER a ROOM BUILT -INS BUILT -IN (OPT) DESK (OPT) BUILT -INS (STD) FIX 4-8 DBL DN 15 R 13' -5 3/4' 10'-8" I. 13' -6" TWO CUBE it IMNDOWS 3'-4 1/2" 18' -1 3/4" FOYER ENTRY 9. -8" NOTE: EXACT WINDOWS TBD, POSSIBLY VINYL WINDOWS. SIZES SIMILIAR TO WINDOWS SHOWN BUILT-INS (OPT) BUILT -INS (OPT) SCREEN PORCH FLAT CEILING 2 -11 7/8 ML 14'-0" Ir1 MASTER CLOSET CLOSET 36" HEAT -n -GLOW 60006 GAS ST. OLAF MAIN LEVEL SCALE: 1/8" = 1'0" 2 3' 4 1/2" MASTER BDRM ocurtvvm MASTER BATH HALF WALL WITH CAP 6-7 1/2" Copyright 2011 Pratt Homes Design All Rights Reserved 9'-4 1/2" 16' -0" 2' -6" 16•-6" MAIN LEVEL FLOOR PLAN SCALE 1/8" = =1'0" CEILING HEIGHT = 8' -1 1/8" 35' -0" r 4t N W 0 2 Builders License No 1 ST OLAF SIDE LOAD co 0 Buyers Name U 0 C O -J 0 c E (1) 2 W 'a To -c) co < Friday, March 18, 2011 PAGE 3 1 77' -6 1/4" 1' -6" 32-0 1/4" 17' -4" 26' -8" II II II I r�J --------------- UNEXCAVATED r 1 16' X 7' GARAGE DOORABOVE Z-6" 22-7 3/4" 4' -0 1/4" TW3452 I\ /iii 16" FLOOR TRUSSES DESIGNED BY MANFUCT. GAME ROOM 7' -5 3/4" STAIR NOTES 15 RISERS el 7 9/16" = 113.75" 14 TREADS CO 10.0 " = 140.0" 3 -4 1/2" 8' X 7' GARAGE DOORABOVE �I UTILITY 6'-8" \ \ — 13`e� NOTE: EXACT WINDOWS TBD, POSSIBLY VINYL WINDOWS. SIZES SIMILIAR TO WINDOWS SHOWN ST. OLAF LOWER LEVEL SCALE: 1/8" = 1'0" r \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \ \ \ \ \ \ \ r UTILITY \\ \ L - - 0 OPTIONAL WET BAR 2x4 BEARING WALL 20x8 CONC FTG FURN 00 0 3/4 BATH ' 60 WW 8' -2" 2-8 3' -8" 9 3-0 CO 2-8 OPTIONAL FIREPLACE& BUILT -INS 16" FLOOR TRUSSES DESIGNED BY MANFUCT. FAMILY ROOM FAMILY — 112 "WALL f0 W 0 J 0 °I ICI nog BEDROOM BEDROOM #3 CLOSET CLOSET /BEDROOM #2 BEDROOM #2 Copyright 2011 Pratt Homes Design All Rights Reserved 2-4 5-0" r ti 6X6 TREATED POST 18" DIA CONC FTG 9' -0" \ 2- 2X12 HDRS .40 TREATED 2x10 TREATED JST AT 12" OC 4 14' -0" N M in A m 8' -8" CXIV14 2 -6" 11' -10 35-0" LOWER LEVEL FLOOR PLAN SCALE 1/8" = =1'0" CEILING HEIGHT= 8' -1" H H Q N W 0 2 Builders License No 1 ST OLAF SIDE LOAD Buyers Name m Friday, March 18, 2011 PAGE 4 J ,1111iiiii11111111111111111111111111111 fli . ;.....,....,r=r.. •011.411110111101."0.10. aomanalt_.■••■■••MIMOOSIN.0111■0ARNOMMO.Io IV., . ' 1 I. albom.■■•■••NoNsworelle am Q.t., As ... .....-.‘ - . - ,........,,,,,,,A,.....inar...... . ' I. nun 0•■••■••■•■•■•••■ IMboollt No.., , 44,94 111110114i .11111u. -....-.40. „ , -4. *Wm ti MVO - .a- 111.11.11111.10111.1.11.11101010/11:: illw*i T H E B I R T H P L A C O F M I N N E S O T A TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director t.IT DATE: April 28, 2011 RE: Segway Tours License On April 19, 2011 the City Council conceptually approved a license for Blake Rudisill of Ready to Roll, Inc. to operate a Segway Tour business in Stillwater. Six conditions were attached to the conceptual approval. The license itself and a resolution adopting it were to be drafted by staff and brought back to the Council for formal adoption on May 3, 2011. The license and resolution are attached. bt Attachments: License Resolution RESOLUTION NO. 2011- RESOLUTION GRANTING LICENSE TO READY TO ROLL, INC FOR THE OPERATION OF SEGWAY TOURS ON CITY SIDEWALKS WHEREAS, Blake Rudisill and Josiah Mitchell of Ready to Roll, INC have made a request to operate Segway tours on City sidewalks; and WHEREAS, the City Council reviewed the request at their regularly scheduled meeting on April 19, 2011. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves a license for Blake Rudisill and Josiah Mitchell of Ready to Roll, INC to operate Segway tours on City sidewalks subject to the conditions contained within said license. Adopted by the Stillwater City Council this 3rd day of May, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MUNICIPAL LICENSE The City of Stillwater, a Home Rule City of the Third Class ( "City "), hereby grants a license to Ready to Roll, Inc., a Minnesota corporation ( "Licensee "), on the following terms and conditions: 1. The term of the license is May 3rd, 2011 through December 31st, 2011. 2. Licensee is granted a non — exclusive right to operate a Segway Tour business within the City. 3. The Licensee may operate up to ten (10) Segways per tour. 4. Operating restrictions and conditions: a. No Segway shall be operated upon a public street in Downtown Stillwater, and in residential neighborhoods where sidewalks exist, the sidewalks must be used. b. Public safety is paramount in the operation of any Segway. Consequently, each Segway must be equipped with a proper braking system and any other equipment required to comply with all applicable federal and state laws. c. All Segways shall be, at all reasonable times, subject to inspection by the City of Stillwater. d. All Segway operators shall obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. e. The City reserves the right to limit Segway Tour operations to specified routes and streets if required for public safety reasons. f. Upon receipt of any serious complaints, as determined to be serious by the City Administrator, the license shall be placed on the next available City Council agenda for review. Approved by the City Council of the City of Stillwater this 3rd day of May, 2011 CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk ACCEPTANCE The terms of this License are accepted by the undersigned this day of May, 2011. Ready to Roll, Inc. a Minnesota corporation By Its �j(�Water The Birthplace of Minnesota • MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen DATE: April 27, 2011 SUBJECT: RETAP Energy Audit On April 19, Rich Bornt and I met with Guss Krake and Rick Person of RETAP to discuss the Stillwater City Hall Energy Assessment. Generally the analysis shows that City Hall is quite energy efficient beating the Dep. Of Energy benchmark for electric use by 37% and full use by 12.5 %. Regarding their Recommendations: 1. These lights have already been replaced; 2. When parking lot lighting is replaced, it will be replaced with LED units; 3. We will develop a twice annual maintenance program for weather stripping and sealing of entrance doors; 4. The vending miser controls will not work for us as we are a 24/7 operation; 5. We will check into the cost of installing all season window film; 6. As motors are replaced, we will check on cost of variable frequency drives and use as appropriate. Stillwater City Hall Energy Assessment Report Review Meeting April 19, 2011 Executive Summary The Stillwater City Hall and Fire Station was assessed for energy and waste management efficiency by a team from the Minnesota Retired Engineers Technical Assistance Program (RETAP), on September 21, 2010. Team members were Guss Krake and Rick Person. We wish to thank Larry Hanson, Director of Community Activities for the opportunity of assessing these buildings. The RETAP team met with Rich Bomt and we wish to thank him for information provided for this report as well as a tour of the facility. Tom.. ysis shows that the electrical and fuel usage are somewhat better than the Department of Energy Benchmark values for buildings with the same type of use. The electrical use, is about 37% lower than, the DOE benchmark and the Energy Star rating number or 25 %. The fuel use is 12.5% better than the DOE benchmark. The low fuel and electricity use is directly attributable to the upgrading during the remodeling which included new insulating glass windows for most openings and the addition of insulation in the walls and third floor ceiling. There are some remaining areas where energy and cost savings are available. Specific recommendations, in the approximate order of implementation priority and cost, are listed below in Table 1. Additional discussion and back -up information is provided under Section 4: Potential Savings. Recommendations Recommendation Potential Sevin • s Annual KwH Kw Fuel Water Waste 's Tons *Kbtu Gallons Yds CO2 1.Replace the remaining T -12 light fixtures in the fire house garage, store room ,and a few others with T -8 versions. 22,907 4.48 0 0 0 $1,177 15.5 2. Replace the parking lot lighting with LED units 5256 1.2 0 0 0 $491 3.7 3. Establish a routine maintenance program for the weather stripping and sealing of the entrance doors. 318 55 384,000 0 0 $2,368 23.3 4. Add Vend Miser controllers to the public vending machine. 5,760 0 0 0 0 $300 4.0 5. Have a company professionally apply All Season window film to the Lobby and Stairwell windows. 1055 1 169 0 0 $245 8.79 6. Replace the fixed speed motors in the roof top units and chiller with variable frequency drive motors and controllers. Savings given are for the largest roof top unit only; additional saving may be available for 5 hp and greater motors with other units and the chiller. 34,853 5.97 0 0 0 $2,826 24.4 Total: 69,339 12.0 384,169 *1 Themr = 100 Kbtu 0 0 $7,408 71.6 This analysis and potential savings estimates are based on utility bill data provided and on data provided for building structure, HVAC, lighting and waste management. Actual future savings will depend on weather, utility billing rates, site or operational changes, and on recommendations implemented. Full implementation of these recommendations would save the totals listed at the bottom of the chart and represents a 15 percent monetary savings on the current electricity and fuel bills. Benchmarks Annual energy and waste management bill data is presented in Error! Reference source not found.. Annual totals are: Table 2 Electrical Fuel Water Waste Total $33,959 $16,657 N/A N/A $50,613 A review of the utility bill data, shown in Table 4, below, provides the following comments; 1. The "power factor" (PF), is typically good, averaging 94 percent. 2. The "load factor" (LF), is marginal, averaging 51 percent. LF is considered "good" if it is at or above 50 percent. It could save money to contact Xcel energy to find ways to reduce the demand charges. Table 3, below, shows how this building compares with DOE IA Buildings with similar usage. This shows that both electric and fuel usage were significantly above benchmark numbers. Table *Department of Energy Information Agency 2003 Building Average Data, Zone I (Degree Days > 7000) for warehouse buildings, adjusted for office/warehouse use. Note: Energy Star building energy efficiency requirements can be 20% to 30% below DOE IA Benchmarks. The Stillwater City Hall and fire Station currently exceeds the Department of Energy Benchmark requirements for buildings of this size and use by 12.5 percent for fuel and 18.5 percent for total energy. use (fuel and electricity) per square foot. The issues limiting further improvement of energy usage are the exterior doors, a few windows, and some remaining incandescent lamps and some inefficient fluorescent lamps and ballasts. KwH /Ft2 Fuel Total $'s /Ft2 Tons CO2 Kbtu /Ft2 Kbtu /Ft2 Building Total 8.8 42 73 $1.14 379 *DOE IA Benchmark 13.9 48 95 - - 0 0 0 $0 0 *Department of Energy Information Agency 2003 Building Average Data, Zone I (Degree Days > 7000) for warehouse buildings, adjusted for office/warehouse use. Note: Energy Star building energy efficiency requirements can be 20% to 30% below DOE IA Benchmarks. The Stillwater City Hall and fire Station currently exceeds the Department of Energy Benchmark requirements for buildings of this size and use by 12.5 percent for fuel and 18.5 percent for total energy. use (fuel and electricity) per square foot. The issues limiting further improvement of energy usage are the exterior doors, a few windows, and some remaining incandescent lamps and some inefficient fluorescent lamps and ballasts. The Birthplace of Minnesota MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen DATE: April 27, 2011 SUBJECT: RETAP Energy Audit On April 19, Rich Bornt and I met with Guss Krake and Rick Person of RETAP to discuss the Stillwater City Hall Energy Assessment. Generally the analysis shows that City Hall is quite energy efficient beating the Dep. Of Energy benchmark for electric use by 37% and full use by 12.5 %. Regarding their Recommendations: 1. These lights have already been replaced; 2. When parking lot lighting is replaced, it will be replaced with LED units; 3. We will develop a twice annual maintenance program for weather stripping and sealing of entrance doors; 4. The vending miser controls will not work for us as we are a 24/7 operation; 5. We will check into the cost of installing all season window film; 6. As motors are replaced, we will check on cost of variable frequency drives and use as appropriate. I l lwa ter Administration Memorandum To: Mayor & City Council From:Diane Ward, City Clerk Date: 4/27/2011 Re: Rivertown Art Festival Special Event & Contract Attached is the special event application and contract for the 2011 Rivertown Art Festival. As part of the new special event policy, the application and contract was submitted to the Downtown Parking and Parks Commissions. The Parking Commission recommended the charge of $3,627 for the use of parking spaces for the festival (see attached). The Park & Recreation Commission approved the contract as written (attached) with the park usage fee of $500.00 and a damage deposit of $250.00. It should be noted that barricades are not included in the contract, but according to the new special event policy this event would also be charged for those barricades. The charges would be as follows: 5 barricades with flashers X $25.00 per day X 2 days = $50.00 7 barricades no flashers X $14.00 per day X 2 days = $28.00 TOTAL = $78.00 ACTION REQUIRED: Discuss fee for parking spaces. Approve contract and direct staff on the fee for parking spaces. 11111111114.4 CE Of MINMEIETA EVENTS PERMIT APPLICATION 216 North 4 "' Street, Stillwater, MN 55082 Telephone: 651- 430 -8800 Fax: 651 -430 -8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: _u. , ,____ Title /Name of Event we�`ta a-1y 4icT qes'rhr.lt_ Event Date/Time: Set up: Date )11A.4 .do Time 2 t ca A•w • to _ Actual Event: Date yvl A. 4 r "44 Time 1..6o .4.... to Clean up: Date 11441 -4). 3 Time II%0o q ...... to .1 p.A- . (Events after 10:00 p.m. require a variance from City Councill Location (Address) of Event: D c (If in Lowell Park please specify north or south Lowell park) 4-0 SELL r v L� 40 t'?a4 t .. i c.4 T.-+ Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) 74 Nyus (.... ---Ce6.44 4&T ;■ t.. Estimated Attendance (participants and spectators): Sponsoring Organization Name: /' cose.e.ou sr ".d . q,,,tgec /.ST • Lbioix =-,.fir • Mailing Address: P.0 2e ,c. 3 (( 111 City, State, Zip Code: S.T'rt_c_alsdx✓1( />7� 'o-- Primary Contact/Applicant Name: -L-4Jt 6— K4SEec. Phone Number: `S /_ a36 4 Fax:G-, _ _ aso Cell Phone: C-S/- .�53 --3 4 Email Address: 1 EaK C• • -gre K �r› , Cie m Website Address: ivet'rott)v4crFESrivsL. ea .vL Name of contact person during event: b4.4,E. ceKBF0(0 Cell Phone: fo 57-41-1^.1414 Alternate contact during event: , „E 1.4 0 a ^,t Cell Phone: r0_ 41;a -al eK,, Refer media or citizens inquires to: ..bOvL Gig ER G Phone: c. S / „ • .51 3a9 J Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Will any signs /banners be put up No ■ Yes Number and size: erg 9 Will there be any Inflatables? No • Yes ,tv Insurance certificate from rental vendor Is required Will there be entertainment? No • Yes 10 What type: u 4 KK o 0 Will sound amplification be used? No �j Yes • Hours and Type: ,_.- Will a stage or tent(s) be set up? No • Yes ' Dimensions: �o n l0 f orbs Will there be temporary fencing? No lEf Yes • Will merchandise /food items be sold? No ❑ Yes Da' How many vendors expected: Will food be prepared on site? No • Yes igl Contact Washington County Health Department, 651- 430 -6655 Will cooking operations be conducted? No • Yes J Contact Stillwater Fire Department, 351 -4950 Will alcohol be served but not sold? No LX1 Yes ❑ See Alcohol Regulations In the Instructions Will alcohol be sold? No Yes • See Alcohol Regulations in the Instructions Will there be a fireworks display? No 0 Yes • Permit required, contact Stillwater Fire Department, 651- 351 -4950 Describe power needs and location of power source. 6,d .s !>. Ae.J .0 L P...-+G ou.,) Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available 7'K Et) ruat. Will event use, close or block any of the following: If yes spedfy location on site map. Ssr-vi . , e.,., . City Streets or Right -of -way No ES Yes 00- Start/End Time: Date: -i£r-ae ' 501.s City Sidewalks or Trails No Yes ■ Start /End Time: Date: 56 S Public Parking Lots or Spaces No • Yes ' 1 Start/End Time: 10,,, _3 Date: ..S6! Will event need barricade(s)? No • Yes act Number needed: T. Will extra picnic tables be needed? No CK1 Yes • Number needed: .St The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a relegse af,C-idbility. Signature o PP cant o uthorize Date 5/4/4 Will portable restrooms be needed? No ■ Yes Ea Number needed: Will extra trash receptacles be needed? No ■ Yes l Number needed: Describe trash removal and cleanup plan during and after event: /‘l 1-- peg r)e. C4- -..s- Will event need traffic control? No • Yes WI Contact Stillwater Police Department for assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: /411ictMar_ ST'•FF "No Will Parking Signs" be needed? No • Yes ':J Number needed;, show location(s) on site mop P Caret 4 z. Will event need security? No ■ Yes ®, if event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: N. Eirf-J.- •.4► Vt. ) L. Will event need EMS services? No IN Yes ■ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Al 7.4 Describe the emergency action plan if severe weather should arise: M/A List any other pertinent information: -S r /i.tD I) \ ?Q...4 ) - ;.,c._ The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a relegse af,C-idbility. Signature o PP cant o uthorize Date 5/4/4 RIVERTOWN ART FESTIVAL AGREEMENT 2011 This Agreement between the City of Stillwater, Washington County, Minnesota ( "City "), in conjunction with the Rivertown Art Festival of 2011, part of a community wide celebration of the City (the "Event "); and the Greater Stillwater Area Chamber of Commerce, a Minnesota non- profit corporation ( "Chamber ") and St. Croix Events, a Minnesota corporation ( "St. Croix Events "), 1. Celebration. The City has encouraged the Event as a community wide celebration in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. The Chamber is responsible to see that no other liquor is brought into the park. 3. Insurance. The Chamber must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy " as their interest may appear ". 4. Signs. The Chamber will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Hours of Operation. Operations are limited to 10:00 a.m. to 7:00 p.m. Saturday, May 21, 2011; and 10:00 a.m. to 6:00 p.m. Sunday, May 22, 2011. (Setup — Friday, May 20, 2011). 7. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Chamber will cease dispensing and assist the police in the clearing of the Area. 8. Exclusive Use of Lowell Park. In return for the exclusive use of the North and South End Lowell Park (the use of which may be adjusted at the sole discretion of the City based on flood conditions in the park) and the right to sublease spaces within the park(s), the undersigned hereby agrees to the following stipulations: Parties agree that if flood conditions exist, park usage may need to be adjusted accordingly. 9. Flood Wall Construction. In cooperation with The United States Army Corps of Engineers (US ACE) the City is planning the construction of Stage 3 of the Downtown Stillwater levy project, which includes constructing a low floodwall /levee along the western side of Lowell Park. This work is anticipated to start sometime in 2011. Work at this time is not anticipated to begin until after the 2011 Rivertown Art Festival. The Chamber understands and acknowledges that construction of this project may limit access to portions of Lowell Park if the US ACE chooses to proceed with construction or staging prior to May 21, 2011. In order to accommodate construction and staging activities the City reserves the right to adjust which areas of the park that may be used by the Chamber for this event to accommodate the levy project. 10. Damage deposit of $250.00 and a user's fee of $500.00 to be paid at the signing of this contract (deposit of $250.00 to be refunded in whole or in part, depending on amount of damage, if any, as determined by the Public Works Superintendent). The lessee shall be responsible for any damage that is not covered by the deposit. 11. Lessee shall furnish dumpsters or roll -off boxes in sufficient quantity to contain the accumulation of trash generated by the event(s) and shall see that all trash is picked up daily and deposited in dumpsters, including the emptying of park trash receptacles. 12. Lessee shall furnish portable restrooms (at least four) to augment the existing facilities. NOTE: In the case of Lowell Park the existing restroom facility shall be closed and the City shall furnish at least four additional restrooms at City expense and the four additional restrooms by the lessee will be at their expense. 13. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Police Chief requires. 14. Hold Harmless and Indemnify. The Chamber agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the Area, including the dispensing of liquor pursuant to this Agreement. 15. Event shall be as described in the attached Special Event Application, which may have comments and shall become a part of this contract. Page 2 of 3 IN WITNESS WHEREOF, the parties have set their hands this day of , 2011. Subscribed and sworn to before me this day of , 2011. Notary Public Subscribed and sworn to before me this day of , 2011. Notary Public Subscribed and sworn to before me this day of ,2011. Notary Public GREATER STILLWATER AREA CHAMBER OF COMMERCE By Its ST. CROIX EVENTS By Its CITY OF STILLWATER Ken Harycki, Its Mayor Attest: Diane F. Ward, Its Clerk Page 3 of 3 illwater T H E BIRTHPLACE O F MINNESOTA TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 20, 2011 RE: Spring Art Fair Spring Art Fair The Spring Art Fair is scheduled for the weekend of May 21 -22 with setup occurring on Friday May 20`h. Tear down would be completed largely by Sunday night. For all practical purposes the three associated city parking lots would be reserved all Friday — Sunday. The only exception is that the trash dumpster and toilets would not be removed until Monday. Attached is an air photo showing the layout of the art fair. City lots 2, 4 and 5 will be closed for the event. The parking fee as established by Resolution 2010 -204 and applied to this event is presented in the table below. A second table is shown with a modified fee as recommended by City planning staff. Fee by Resolution 2010 -204 Lot Number No. of spaces Standard fee Number of days Total fee 2 110 $9 /space/day 3 $2,970 4 48 $9 /space /day 3 $1,296 5 25 $9 /space /day 3 $675 TOTAL $4,941 Staff suaaested Fee Lot Number No. of spaces Suggested fee Number of days Total fee 2 110 $9 /space/day 3 $2,970 4 48 $3 /space /day 3 $432 5 25 $3 /space /day 3 $225 TOTAL $3,627 The staff suggestion includes the equivalent of a $1,314 subsidy for the art fair. Action Requested The Parking Commission should recommend a parking fee to the City Council. bt attachment: Air photo of art fair layout s illwater Administration Memorandum To: Mayor & City Council From:Diane Ward, City Clerk Date: 4/29/2011 Re: Crusin on the St. Croix Contract Attached is the contract for the 2011 Crusin on the St. Croix. The contract reflects the $50.00 per event date negotiated with the event applicant at the meeting for the use of the parking spaces requested. As part of the Special Event Policy, it should be noted that the following charges are separate and not included in the contract. Outlets: $20.00 X 2 outlet boxes X 13 dates = Barricades: $2.00 X 8 barricades X 13 dates = Trash Receptacles: $8.00 X 6 receptacles X 13 dates= TOTAL $520.00 208.00 624.00 $1,352.00* *Should the applicant provide their own trash receptacles this amount would be reduced. ACTION REQUIRED: Review contract. If Council wishes to approve the contract they should pass a motion adopting a resolution entitled "Approving 2011 Contract for the Crusin on the St. Croix ". CRUSIN' ON THE ST. CROIX AGREEMENT 2011 This Agreement between the City of Stillwater, Washington County, Minnesota ( "City "), and the Greater Stillwater Area Chamber of Commerce, a Minnesota non -profit corporation ( "Chamber "), 1. Car Show. The City has encouraged this hot rod and vintage car show in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Insurance. The Chamber must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy " as their interest may appear ". 4. Signs. The Chamber will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Hours of Operation. Operations are limited to 5:00 p.m. to 10:00 p.m. every Wednesday, June through August. 7. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Chamber will assist the police in the clearing of the Area. 8. Use of Parking Lots. The event is given use of Lot 4, (Bridge Lot), Lot 5 (Mulberry Point Lot), the eastern most road of the Water Street Inn parking lot from Myrtle Street to Mulberry Street. The Chamber agrees to pay the City $50.00 for each event as a parking fee. 9. Flood Wall Construction. In cooperation with The United States Army Corps of Engineers (US ACE) the City is planning the construction of Stage 3 of the Downtown Stillwater levy project, which includes constructing a low floodwall/levee along the western side of Lowell Park. This work is anticipated to start sometime in 2011. The Chamber understands and acknowledges that construction of this project may limit access to portions of parking if the US ACE chooses to proceed with construction or staging. In order to accommodate construction and staging activities the City reserves the right to adjust which parking lots may be used by the Chamber for this event to accommodate the levy project. 10. Trash Enclosures.. Lessee shall furnish trash receptacles in sufficient quantity to contain the accumulation of trash generated by the event(s) or obtain trash receptacles from the City at an additional cost. Lessee shall see that all trash is picked up during and after each event. 11. Restrooms. Lessee shall furnish portable restrooms (at least two) to augment the existing facilities. 12. Hold Harmless and Indemnify. The Chamber agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the Area. IN WITNESS WHEREOF, the parties have set their hands this 3rd day of May, 2011. Subscribed and sworn to before me this day of , 2011. Notary Public Subscribed and sworn to before me this day of ,2011. Notary Public GREATER STILLWATER AREA CHAMBER OF COMMERCE By Its CITY OF STILLWATER James Roush, Its Vice Mayor Attest: Diane F. Ward, Its Clerk Page 2 of 2 illwatei. T H E B I R T H P L A C E O F MINNESOTA TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director -El-7 DATE: April 28, 2011 RE: Request by resident for annual 24/7 parking permit in the ramp BACKGROUND Mr. Allen Okerman was granted an off - season residential parking permit for the municipal ramp this past winter. The off - season pass expires on April 30, 2011. Since Rivertown Commons is short three parking spaces in their lot, he will have to park on the street after April 30th and move his vehicle every 3 hours. Therefore, Mr. Okerman has requested an annual residential pass for the parking ramp. COMMENTS Attached is a memo from January 12, 2011 detailing the policy and justification for not permitting residential passes in the municipal parking ramp. The Parking Commission understands Mr. Okerman's situation, but believes that the ownership of Rivertown Commons can and should rearrange its private parking lot to provide the three needed spaces, rather than rely upon the City to resolve its parking deficit situation. In the interim in order to ease the hardship on the three residents who do not have permanent parking in the Rivertown Commons parking lot, the Parking Commission recommends that the City Council allow three spaces in the City owned gravel lot on Mulberry and 2nd Street to be reserved at no charge to Rivertown Commons. ALTERNATIVES The Council has several options. 1. Approve the request for an annual parking permit for Mr. Okerman, with the condition that the Parking Commission review the fee for the permit and forward the recommendation to the Council. 2. Deny the request for the annual parking permit. 3. Deny the request for the annual parking permit, but approve three spots in the Mulberry Street parking lot to be reserved for Rivertown Commons residents, with the following conditions: Okerman Permit Request April 28, 2011 Page 2 a. The cost of manufacturing and the cost of installing the signs shall be the responsibility of Rivertown Commons. b. If the number of residents needing parking spaces increases, and more than three spaces are required in the Mulberry Street lot, then the three spaces and any additional should be leased by Rivertown Commons. 4. Table the request for additional information. RECOMMENDATION The Parking Commission unanimously recommended Alternative 3. bt attachments: Okerman letter Okerman memo of Jan 12, 2011 April 14, 2011 To Bill Turnblad and Stillwater Parking Commission, Last fall I was granted permission to park in the ramp next to Rivertown Commons Apartments and am very appreciative of that privilege. As of May 1, 2011 this will expire and since Rivertown Commons is still three parking spaces short for the number of residents I will be needing to park out on the street and move my vehicle every three hours again. The ramp continues to have a high volume of empty parking spaces on a daily basis and as long as that continues I would appreciate being able to continue leasing one of these spaces. I understand that in the summer especially parking in downtown Stillwater can be busy, and I am willing to be flexible as to help accommodate our towns' visitors. As a 91 year old Stillwater resident who still feels competent driving, I have been greatly appreciative of the Commission's willingness to help solve the parking problem at Rivertown Commons for me, and hope this arrangement can continue as succes illy. Thank you for your time and consideration. Allen Okerman 651.342.1775 THE B I R T H P L A C E O P MINNESOTA TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: January 12, 2011 RE: Request by Rivertown Commons Resident for 24/7 pass in Ramp BACKGROUND Mr. Allen Okerman requested a residential parking permit for the municipal ramp this winter. Though the Council agrees with the Parking Commission's recommendation not to allow residential permits in the ramp, they found that during the winter it made sense to allow handicapped residents to buy parking ramp permits this year on a trial basis. The Parking Commission's policy, agreed to by the Council, is that the City will not sell residential permits for the ramp. There are four reasons for this policy: 1. Economic Development Project - The parking ramp was constructed with Tax Increment Financing (TIF) funds to encourage economic development and to support downtown businesses. It is not a residential parking facility and the more residential parking that is permitted in the ramp, the less it can fulfill its primary purpose as an economic development tool. 2. TIF Funding - Since TIF funds were used for this public project, only 10% of the facility can be used for private purposes such as residential parking. 3. Development Agreement - As assembly of the land for the parking ramp was negotiated, Trinity Lutheran Church agreed to give land to the City in return for free parking on Sunday mornings. The intent of this was to create more parking spaces for the churches in the area. Each space that is permanently occupied by a residential vehicle reduces the number of spaces available on Sunday mornings. 4. Event Parking Revenue - Each space that is permanently occupied by a residential vehicle eliminates event parking revenue for that space. Event parking revenue is critical to generating operational and maintenance funds for the facility. Given the concerns of the Parking Commission, the City Council has adopted a policy that the process for receiving such a residential permit should be demanding. Therefore, neither City Staff nor the Parking Commission issues these permits. It is something that only the City Council can do. Okerman Permit Request January 12, 2011 Page 2 COUNCIL ACTION The Council approved the sale of seasonal residential passes in the ramp on a trial basis with the following conditions: 1. A total of 17 seasonal residential passes may be sold by the City this winter season. Sale of the 17 seasonal passes will be on a first come, first served basis. Together with the 8 reserved spaces for Rivertown Commons residents, the total number of residential passes would be 10% of the parking spaces in the ramp. 2. A seasonal residential pass may be sold by the City only if the vehicle has been issued a handicapped parking permit by the State of Minnesota. 3. The seasonal permit will only be valid between October 1' and April 30`h. 4. Prior to offering seasonal residential passes next winter season, the program will be re- evaluated by the Parking Commission and City Council. 5. The permit is not transferable. 6. The cost of manufacturing and installing a reserved parking sign shall be borne by the permit holder. REQUEST The City Council has requested the Parking Commission to recommend a fee amount for the seasonal residential pass. FEE CONSIDERATIONS 1. The cost of the seasonal permit should not be less than the pro -rated cost of the $300 per year paid by Rivertown Commons for each of their 8 reserved spaces. That would be a pro- rated cost of $25 per month. This amount covers ramp operational costs. 2. The 8 parking spaces for Rivertown Commons exist because of the 8 surface spaces they had prior to constructing the ramp. Consequently, the cost of the 8 spaces was subsidized by the City. They were not charged for facility construction costs, only operation costs. 3. It would be reasonable to consider charging more for the additional 17 seasonal residential permits, because it is hard to justify subsidizing those spaces. 4. At a construction cost of $22,000 a space, with an expected life of 50 years, the annualized construction cost of a space would be $440. This is about $37 a month. 5. Since the parking space would likely sit vacant throughout the entire winter, it may not be justifiable to charge $62 per month for the permit ($25 operation cost + $37 construction cost). Perhaps it could be discounted by one third to $40 per month. bt TO: FROM: DATE: SUBJECT: The Birthplace of Minnesota MEMORANDUM Mayor & Council City Administrator Hansen April 26, 2011 Special Assessment Request Last week a Stillwater family had a clogged sewer service line and what they thought would require a routine cleaning turned out to be much more. The company they hired to clean out the line (it was clogged by tree roots) got their equipment stuck in the street end of the line by the sewer main. Instead of working to free their equipment, they simply cut it off and left it in the clogged sewer line, and told the people it was their problem. The only way to make repair was to go into the street and dig up the line and replace a section of pipe. They hired Fur Trenching to do the work which cost $3,000. Unfortunately, they only had $2,000. They have therefore asked if it would be possible to have the City pay the remaining $1,000 and spread this as a special assessment on their property taxes. City Attorney Magnuson has prepare an agreement that would spread the assessment over a period of 5 years at 4 -1/2% interest. RECOMMENDATION: Allow the special assessment. This will not cost the City anything and the interest will be more than we are currently receiving on investments. It will also help out a Stillwater family that is in a jam. /nm AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL THIS AGREEMENT, is made this day of , 2011 in the City of Stillwater, Washington County, State of Minnesota ( "City ") and Chad 4 Ciie' 41 Rusr/n/ of 4}/Z off • (Y)VC c + , Stillwater, Minnesota ( "Owners "). In consideration of the action of the City to replace a failed sewer service at the Owners' property and to assess a portion of the costs against the property of the Owners, the Owners agree that a special assessment be spread against their property in five (5) equal annual installments with interest on the unpaid balance at the rate of 4 1/2% simple interest per annum. The property address is: '1//0% tJ u.ht 4►/7" lie St, Stillwater, Minnesota Geocode: v? % ��1% �0 Costs, as used in this Agreement, mean the Engineer's estimate of costs in the amount of $ /0000.°S , based upon the estimate of Fuhr Trenching. Owners expressly waive objection to any irregularity with regard to the improvement assessments and any claim that the amount thereof levied against Owners' property is excessive and also waive all rights to appeal the assessment in the courts. IN TESTIMONY WHEREOF, the parties have hereunto set their hands this day of , 2011. CITY OF STILLWATER Larry D. Hansen, City Administrator ATTEST Diane F. Ward, Clerk O RS 6,,-,,L7,4_.i) STATEMENT eue/x 25 g'ea4(4 o/C �Uv�ce Fukr Trenckimj, Inc. Since 197 12539 MANNING TRAIL NORTH HUGO, MINNESOTA 55038 Phone: 651 - 430 -2782 BILL TO: Chad Rustin 412 S. Grove St. Stillwater, MN 55082 DATE 4/21 /11 PAYMENT $ (TERMS NET 30 DAYS) DATE QTY DESCRIPTON AMOUNT 1/21 Dig down in Middle Of Grove St. 1 and found Cast Iron Sewer-Service Cut out Section of Pipe and Removed Cutter Tool and Cable in Pipe. Pulled out a big clump of Roots and replaced pipe with 4" Solid Core Sch 40 PVC Pipe. Backfill Street, Compact and Place Gravel on Drive Surface. Owner to Blacktopp Patch Street. Total $ 3,000.00 TOTAL BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082 -0242 Phone: 651 - 439 -6231 • FAX: 651 - 439 -4061 February 15, 2011 Diane Ward 216 4th St N. Stillwater, MN 55082 Dear Diane Steve Speedling's term on the Board of Water Commissioners expires on June 30, 2011. He has expressed his willingness to again serve on the Board. It is the desire of the Board of Water Commissioners to ask for Mr. Speedling's reappointment, as a member of the Board of Water Commissioners. Sincerely, Robert Benson Manager APPOINTMENT OF STEVE SPEEDLING TO BOARD OF WATER COMMISSIONERS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed the following at their May 3, 2011 regular City Council meeting: Steve Speedling Term Expires — June 30, 2014 Adopted by Council this 3rd day of May, 2011 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Administration Memorandum TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: April 29, 2011 RE: Commission Vacancies Update This memo is intended to provide Council with an update on the various commissions. Staff has advertised in the Gazette and will continue to advertise for Human Rights Commission and Traffic Committee. We have checked with all of these Commission Members that have terms expiring May 1st and report the following: Name Herita Ward Expiring Term Reappt New Applicant Open positions as of 5/1/11 e Preservation Robert Goodman Goodm : . . . . . . . . . . . . . Jeff Johnson Howard Lieberman John Rheinberger RECOMMENDATION: HPC applicants have been interviewed and it is recommended that Messrs. Goodman, Johnson and Lieberman be reappointed. The Washington County Historical Society's Board approved the reappointment of Mr. Goodman as their representative on the Commission, as well. No other applications have been received; staff will continue to advertise for the Commission. Traffic 1st 8th ................ 6th Three Brian Larson ......................................... ............................... Emily Maloney 1st 1st Resigned Resigned R . . . . . . . . Two RECOMMENDATION: No applications have been received, staff will continue to advertise for the committee. ACTION REQUIRED: If Council agrees with the above information, Council should pass a motion adopting a resolution appointing these applicants to their respective Commission with terms ending May 1, 2014. /nm APPOINTING MEMBERS TO HERITAGE PRESERVATION COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their May 3, 2011 regular City Council meeting hereby appoints the following: Commission :................. ............................... Heritage Preservation Heritage Preservation Heritage Preservation Member Ward Robert Goodman :........................................................................ ............................... Jeff Johnson :........................................................................ ............................... Howard Lieberman Term Term Ending .........................................:............................................... ............................... Adopted by Stillwater City Council this 3rd day of May, 2011. ATTEST Diane F. Ward, City Clerk May 1, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 1, 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 1, 2014 Ken Harycki, Mayor Summary of Proceedings Washington County Board of Commissioners April 26, 2011 �T 1 Present were Commissioners Dennis C. Hegb erg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Hegberg — reported he attended the Housing and Redevelopment Authority Board meeting; Metro Transportation and Advisory Board meeting and a Community Action program meeting last week; this week he plans to attend a Resource Recovery Project Board meeting, a foster care dinner, and the County Committee Volunteer reception this evening; Today at 11:00 a.m. he plans to attend a ceremonial signing of the Central Corridor Full Funding Grant Agreement; Commissioner Lehrke — recognized Jen Peterson and Derrick Lehrke, members of the Cottage Grove City Council, in attendance today; last week she attended the Housing and Redevelopment Authority Board meeting, met with the Mayor of Cottage Grove, attended the Cottage Grove City Council meeting, a Metropolitan Area Agency on Aging meeting and the Newport City Council meeting; she plans to attend the County Committee Volunteer reception and a site visit to the Cottage Grove South Service Center for National County Government Month; Commissioner Weik — announced the Prescription Drug Take Back Program at the Government Center on Saturday, April 30th from 10 a.m. to 2 p.m.; she attended a site visit to the Woodbury License Center for National County Government month and the Washington County Library Board meeting where officers were elected for 2011. Last Thursday she attended a round table discussion at the Capitol, being held by the Governor, she spoke on behalf of her district about proposed cuts to the transit programs and the impact on riders in Woodbury; Commissioner Pulkrabek — reported he plans to attend the County Committee Volunteer reception this evening and the Resource Recovery Project Board meeting this week; Commissioner Kriesel — reported he attended an Audit Committee meeting and a retirement party for Lt. Colonel Barbara O'Reilly. Community Corrections Approval to make application submission to the Minnesota Department of Public Safety, Office of Justice Programs for grant funds for the Offender Recovery Program. General Administration Approval of the following actions: - April 12, 2011 Board meeting minutes; - Dale Andrews, Cottage Grove, spoke on the proposed land transfer from the Cottage Grove Ravine Regional Park to the City of Cottage Grove; she expressed concerns the city has made misrepresentations and the proposed modifications to the transfer change everything; Resolution No. 2011 -051, 2011 First Quarter Donations, Gifts, and Bequests; - Resolution No. 2011 -052, appreciation to Volunteer Advisory Committees, Commissions & Boards; - A two week delay to allow for discussions with the landowner about potential public access related to the purchase agreement for conservation easement on Armstrong property; - Legislative update presented; - The interim session with the legislative delegation was cancelled due to the legislator's schedules; - Support to prepare a resolution for next week's agenda in support of proposed legislation for the Minnesota Accountability Government Innovation and Collaboration (MAGIC) Act, at the request of the Association of Minnesota Counties; - Board correspondence was received and placed on file. Human Resources Approval of revisions to the county's 2011 Flexible Benefits Plan. Public Works Approval of the following actions: - Resolution No. 2011 -053, final payment in the amount of $40,340.18 for County State Aid Highway 7 Overlay Construction Project; - Resolution No. 2011 -054, final payment for Phases 2 -4 contracts on the 2025 Government Center Campus Improvement Project; - Agreement with Washington Conservation District for 2011 professional services; - Amendment #2 with ThyssenKrupp Elevator Corporation to extend contract for elevator preventative maintenance services to April 1, 2012; Resolution No. 2011 -055, approval of traffic signal maintenance agreement with Minnesota Department of Transportation and the City of Forest Lake for signal systems installed at the intersections of Broadway Avenue and Interstate 35, & Broadway Avenue and 12th Street Southwest; - Budget amendment for additional costs to replace the Lake Elmo Park Reserve modem campground well, and authorize execution of Amendment No. 1 to contract #6153 with Hartmann Well Company, LLP to perform the additional well replacement work; - Resolution No. 2011 -056, appreciation for Adopt a- Highway volunteers; - Bid award for County State Aid Highway 2 Road and Bridge Reconstruction Project in the City of Forest Lake; - Contract with SRF Consulting Group, Inc. for construction inspection services for Broadway Avenue reconstruction project in Forest Lake; - Executive session held to discuss possible purchase of Ott /Anderson parcel in the Cottage Grove Ravine Regional Park; - Board workshop held to review a proposed land transfer from the Cottage Grove Ravine Regional Park to the City of Cottage Grove for a City Hall and Public Safety site; - Board workshop held to provide an update on the Counties Transit Improvement Board. Sheriff Approval of ratification of Mutual Aid Joint Powers Agreement to provide emergency police aid and assistance between the Washington County Sheriff's Office and the St. Croix county Wisconsin Sheriff's Office. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. 5/2/2011 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions MAY 10 Workshop — 2012 Budget Development MAY 17 Workshop — Hazardous Waste Ordinance Revision Annual Performance Review for County Administrator, Jim Schuq MAY 24 Agenda — Minnesota Counties Intergovernmental Trust (MCIT) Update MAY 31 No Board Meeting — 5th Tuesday JUNE 7 2010 Performance Measures and Indicators Report JUNE 14 Transportation Alliance Fly -in to Washington D.C. JUNE 21 County Board of Appeal and Equalization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. JUNE 28 County Board of Appeal and Equalization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. JULY 15 -19 2011 Annual NACo Conference — Portland, Oregon Commissioner Hegberg Attending the 2011 Annual NACo Conference 2012 BUDGET REVIEW August 9 — 2012 Proposed Budget Hearing 2012 proposed budget introduced; Internal Services present budget decision points August 16 — 2012 Proposed Budget Hearing Public Works, Property Records & Taxpayer Services and Library/Law Library present budget decision points August 23 — 2012 Proposed Budget Hearing Sheriff's Office, Attorney, and Community Corrections present budget decision points September 6 — 2012 Proposed Budget Hearing Community Services and Public Health & Environment present budget decision points September 13 — 2012 Proposed Budget Hearing Housing and Redevelopment Authority present budget decision points County Board approves preliminary levy (Proposed budget must be set by September 15 per statute October 11 — Board Workshop with Administration and Public Works on 2012 -2016 Capital Improvement Plan October 11 — County Board Approves Draft 2012 -2016 Capital Improvement Plan for Release to Communities for Review and Comment November 1 — Workshop to Discuss Conservation District and Watershed Management Organizations Budgets November 15 — Workshop to Discuss final Recommendations to the Proposed 2012 Budget DECEMBER 8 Public Budget Review Meeting (Tentative — After 6:00 p.m. per statute) DECEMBER 13 Public Hearing — Review Comments on and Adopt the 2012 -2016 Capital Improvement Plan Agenda — Adopt 2012 Budget — Final Property Tax Levy Must be Certified by December 27 FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n- ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS May 3 Fiber Optic Cabling — Information Technology May 5 2011 Crack Seal Program — Public Works Indefinitel RFP for Base Rate Grou• Residential Housin• for Adults with Chemical De•endenc Community Services Q: \COUNTY BOARD \WORKING FILES \WORKSHOPS \PREVIEW.DOC Washington FY! BOARD AGENDA APRIL 26, 2011- 9:00 A.M. Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Don Theisen, Director A. Resolution — Recognition of the Adopt a Highway Volunteer Groups B. Resolution — Bid Award for Broadway Avenue Reconstruction C. Contract with SRF Consulting Group, Inc. — Broadway Avenue Reconstruction 5. 9:35 General Administration — Jim Schug, County Administrator A. Resolution- Purchase Agreement Conservation Easement on Armstrong Property - Jane Harper, Principal Planner B. Legislative Update 6. 9:45 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:15 Executive (Closed) Session with Public Works Discuss Possible Purchase of Ott/Anderson Parcel: Cottage Grove Ravine Regional Park 9. 10:30 Adjourn 10. 10:30 to 10:50 - Board Workshop with Public Works Review Proposed Land Transfer from the Cottage Grove Ravine Regional Park to the City of Cottage Grove for a City Hall and Public Safety Site 11. 10:50 to11:20 - Board Workshop with Public Works Update on the Counties Transit Improvement Board ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES ** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date April 25 April 26 April 26 April 27 April 27 April 28 Committee Library Board County Committee Volunteer Reception Planning Advisory Commission Metro Mosquito Control Commission Solid Waste Management Coord. Board Resource Recovery Project Board Time 6:00 p.m. 5:00 p.m. 7:00 p.m. 9:30 a.m. 10:30 a.m. 9:00 a.m. Location 8595 Central Park Place — Woodbury Historic Courthouse, 101 W. Pine, Stillwater Washington County Government Center 2099 University Avenue West — St. Paul 2099 University Avenue West — St. Paul 2785 White Bear Avenue - Maplewood Assistive listening devices am available for use in the County Board Room Ifynu natal necie larva dun rn dicnhiliiu nr hnn nne harrier nieoen ',nil (051) 450.0000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 26, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the April 12, 2011 Board Meeting Minutes. Community Corrections Human Resources Public Works Sheriff B. Approval of resolution accepting 2011 first quarter donations and gifts from public and private sources that have not previously been reported and approved by the County Board. C. Approval of resolution recognizing Washington County volunteers who participate on the county's advisory committees, commissions and boards. D. Approval of Community Corrections Department application submission, to the Minnesota Department of Public Safety, Office of Justice Programs for grant funds for the Offender Recovery Program (ORP). E. Approval of revisions to the county's 2011 Flexible Benefits Plan. F. Approval of resolution, final payment to Hardrives, Inc. in the amount of $40,340.18 for the County State Aid Highway (CSAH) 7 overlay project. G. Approval of resolution, final payments for Phases 2 -4 contracts on the 2025 Government Center Campus Improvement Project. H. Approval of agreement with Washington Conservation District for 2011 professional services. I. Approval and execution of Amendment #2 with ThyssenKrupp Elevator Corporation to extend the contract for elevator preventative maintenance services to April 1, 2012. J. Approve of resolution, traffic control signal maintenance agreement among Washington County and the City of Forest Lake and Minnesota Department of Transportation (MnDOT) for two signal systems located on: County State Aid Highway (CSAH) 2 (Broadway Avenue) and Interstate 35, and CSAH 2 and 12th Street Southwest. K. Approve budget amendment for additional costs to replace the Lake Elmo Park Reserve modern campground well, and authorize execution of Amendment No. 1 to contract #6153 with Hartmann Well Company, LLP to perform the additional well replacement work. L. Approval of ratification of Mutual Aid Joint Powers Agreement to provide emergency police aid and assistance between the Washington County Sheriff's Office and the Saint Croix County Wisconsin Sheriffs Office. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. Summary of Proceedings Washington County Board of Commissioners April 12, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Hegberg — attended a workshop to discuss Highway 97 and County Road 23 congestion in Anoka County; attended the Farm Family of the Year Awards where the Schroeder family was honored; attended a meeting in Hastings related to how parks and nature could be used to expand businesses and tourism in communities and he suggested that park staff communicate with the Chambers of Commerce; he attended the Minnesota Counties Intergovernmental Trust two day workshop; attended the Counties Transit Improvement Board executive meeting which discussed ramifications of federal government money for projects when the state has diverted monies collected by the counties; Commissioner Pulkrabek — commented on the source of funding for the Civil War activities coming from the referendum passed by the State of Minnesota and noted that the State of New York is the only other state in the union that gives more money to the arts than the State of Minnesota; and he recently viewed the county's updated informational CD and commented it was very well done and that Washington County ranks highest in the nation for satisfaction with county services; Commissioner Lehrke — recognized Cottage Grove City Councilwoman Jen Peterson who is in the audience; she commented on the CTIB bonding; she toured the county jail and has scheduled a ride -a -long with a deputy for May 14; she met with Danisa Farley who she is appointing to the CDBG committee; she attended the final open house for the Red Rock Corridor, the County Yellow Ribbon meeting, the cottage Grove City Council meeting, the Minnesota High Speed Rail Commission meeting and the Newport City Council meeting; she visited the Cottage Grove Service Center; she attended the Country Cousins 4 -H club meeting and Riverside Routers 4 -H club meeting; she met with Senator Sieben who recommended that Washington County try to renegotiate a better deal with CTIB; and she attended the Grey Cloud Island meeting who thanked the county for the way in which the flood situation was handled; Commissioner Weik — reiterated a comment made last week about waiting to see what the legislature is going to do with transit or reconfiguring Met Council before rushing into decisions; served at the 40th annual Lions pancake breakfast; the Woodbury garage sales are next month which is a large fundraiser for the Woodbury Lions Club; she gave two Gateway presentations last week to the Woodbury Lions and the Woodbury Chamber; reported on the County Road 19 open house and attended the Metropolitan Energy Policy Coalition meeting and the Metropolitan Emergency Services Board Committee; Commissioner Kriesel — reported on the Farm Family of the year awards; and he attended the Veteran's Rest Camp meeting. Community Services Approval of application to the Minnesota Department of Human Services Office of Economic Opportunity request for proposals for homeless programs. County Attorney Approval to convert a 1.0 FTE Sr. Legal Assistant vacancy to a 1.0 FTE Administrative Supervisor position. General Administration Approval of the following actions: - Resolution No. 2011 -035, appreciation to Washington County employees, National County Government Month, April 2011; Resolution No. 2011 -041, appreciation to Community Thread, National Volunteer Week, April 10 -16, 2011; - Community Thread, volunteer awards presented to: Lifetime Volunteer Award — Dixie Ewing of Woodbury; a posthumous Lifetime Volunteer Award to Dick Stafford, formerly of Woodbury; Outstanding Adult Volunteer Award — Susan Edseth of Forest Lake; Outstanding Youth Volunteer Award — Samynktha Melachuri of Woodbury; Outstanding Group Volunteer Award — "Storm" in the Valley of Lakeland. - Steve Campos, President of the Yellow Ribbon Network of Washington County, updated the Board on their recent efforts; - Randy Kopesky, Chair of the Lower St. Croix Valley Yellow Ribbon Alliance, reported on the steps begin taken to become Minnesota's first regional Yellow Ribbon Network; - Resolution No. 2011 -044, Department of Natural Resources Agreement providing $218,000 from the Lessard -Sams Outdoor Heritage Fund to acquire interests in property to protect, restore and enhance natural systems of Valley Creek; Resolution No. 2011 -046, reaffirmation of county's support of the Minnesota Department of Natural Resources acquisition of the Minnesota Zephyr Railroad right -of -way and that the county will commit up to $1,000,000; - Legislative update presented; - The county's legislative representative is pursuing an interim session with the legislative delegation; - A workshop to discuss the Counties Transit Improvement Board report is scheduled for April 26; the Board Chair requested that staff compile general questions in advance of the workshop; - Board correspondence was received and placed on file. Housing and Redevelopment Authority Adoption of Resolution No. 2011 -042, approving the 2012 Qualified Allocation Plan for the Housing Tax Credit Program. Library Approval of the following actions: - Resolution No. 2011 -036, acceptance of donations; - Resolution No. 2011 -043, declaration of First Minnesota Volunteer Infantry Day in Washington County; A reproduction of a quilt given to George Bauer, Cottage Grove, by a Confederate lady who nursed him back to health and sent him home wrapped in the quilt to hide his uniform. Property Records and Taxpayer Services Approval of the following actions: - Renew liquor license for Outing Lodge LLC, April 1, 2011 through March 31, 2012; Board workshop held to discuss final 2011 property taxes; - Board workshop held to review county redistricting tasks and timelines and 2010 census information. Public Health and Environment Approval to appoint Jennifer Osborne, Cottage Grove, to the Public Health Emergency Preparedness Advisory Committee to a first term expiring December 31, 2011. Public Works Approval of the following actions: - Appointment of Benjamin Meyer, Hugo, to the Parks and Open Space Commission to a first term expiring December 31, 2013; Change Order #17, contract with General Sheet Metal Company, Inc. in the amount of $41,130.19; - Change Order #7, contract with Klamm Mechanical Contractors, Inc. in the amount of $68,521.80; - Supplemental agreement #4 with Hardrives, Inc. to the CSAH 18 (40th Street South & Afton Boulevard South) construction project in the City of Afton; Resolution No. 2011 -045, appointment of Wayne H. Sandberg as County Highway Engineer effective May 1, 2011 through April 30, 2015. Regional Railroad Authority Approval of the following actions: - November 16 and December 21, 2010, and January 11, 2011 Regional Railroad Authority Minutes; - Budget amendment to the Red Rock Corridor Commission Fund 215 in the amount of $97,000. Sheriff's Office Approval of the following actions: - Resolution No. 2011 -037, authorizing execution of the 2010 Narcotics and Gang Task Force Grant Agreement amendment; - Resolution No. 2011 -038, authorizing execution of the grant agreement with the Minnesota Department of Public Safety, Homeland Security and Emergency Management; Resolution No. 2011 -039, authorizing execution of grant agreement for the 2010 Minnesota Joint Analysis Center grant; Resolution No. 2011 -040, proclamation National Public Safety Telecommunication Week, April 10 -16, 2011 A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 6211d Street N., Stillwater, Minnesota. Diane Ward From: Sue Grasamke [sue.grasamke @mrwa.com] Sent: Wednesday, April 27, 2011 3:05 PM To: Diane Ward Subject: Host City Thank You Mayor Ken Harycki City of Stillwater The Minnesota Rural Water Association would like to thank you and the Stillwater City Council for allowing us to sponsor a training session on April 20, 2011, in your community. There were approximately 63 people in attendance at the Wastewater Operation & Maintenance training session held at the Stillwater Public Works building. Thanks for your hospitality and for your great dedication to the water and wastewater industry! Sincerely, 44 dle-~ Kelley Janes Wastewater Trainer Minnesota Rural Water Association 217 12th Ave SE Elbow Lake, MN 56531 800- 367 -6792 218 - 685 -5197 218 - 685 -5272 Fax 1 April 14, 2011 FYI STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Linda Countryman, Supervisors Jim Hiniker, David Johnson, and Sheila -Marie Untiedt, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Planner Berry Farrington, Treasurer Marsha Olson and Chief of Police Steve Nelson. John Wertish and Deb Fedor, Xcel Energy, were present to update the Town Board on Arcola Court reliability issues. They had had a meeting with those residents on March 1st at the Stillwater Town Hall to discuss what could be done to improve reliability. Mr. Wertish reviewed what has been done and what still needs to be done. He also reviewed Xcel's plans for the Township. He believes they are on schedule to do the work needed. They were complimented on how they were able to address the neighbors' concerns. 1. AGENDA - M /S /P Hiniker /Johnson moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Hiniker /Untiedt moved to approve the 3/24/11 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER - a) Report given. We are over budget for snow plowing for the year. b) Audit Update - The Treasurer and Clerk will be meeting with the auditor Friday morning to discuss the upcoming audit. The financials need to be to done by the end of June. c) Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 41516 Campbell, Knutson, PA $ 960.02 41517 League of Minnesota Cities 284.00 41518 Kathleen Nelson 31.62 41519 Stephen Nelson 960.95 41520 Progressive Financial Services 30.08 41521 QWEST 101.25 41522 Robert P Ranalla Sr 38.16 41523 Kathryn Schmoeckel 207.30 41524 Stillwater Gazette 72.68 41525 Washington County 1,109.06 41526 Department of Labor & Industry 83.64 41527 David and Janet Hanson 189.07 41528 MJ Raleigh Trucking Inc 10,697.44 41529 MFRA 1,835.25 Stillwater Tgwrt 41530 41:531 41532 41533 41534 41535 41536 41537 Board Mtg. - 4/1 4/1 1 Lori 3 Meyers On Site Sanitation Public Safety Equipment Co. Valley Green Lawn and Landscape, Inc. TKDA PERA Internal Revenue Service Minnesota Department of Revenue Beane, Matthew R Countryman, Linda P Nelson, Kathleen M Nelson, Stephen W Olson, Marsha Ann Ranalla, Sr., Robert P Riehie, Barbara Schmoeckel, Kathryn G Untiedt, Sheila -Marie page 2 183.53 48.09 30.00 990.90 1,846.15 473.22 804.82 39.25 532.09 415.48 436.61 1,113.33 619.29 283.05 358.53 857.96 562.90 4. ATTORNEY - a) Special Events Ordinance - Attorney Soren Mattick reviewed the proposed ordinance. An additional consideration would be the amount of fee we should charge. There was discussion as to whether a tournament at the proposed disc golf course would be covered by this and also discussion on whether this would apply to games in Otto Berg Park. Soren Mattick will make appropriate changes to the ordinance and forward it to the Planning Commission for their review and recommendation. b) Valley Green Contract - M /S /P Hiniker /Untiedt moved to approve the contract as submitted. (4 ayes) 5. PARCHETA WATER SKI PERMIT - Steve Nelson checked the Township records and contacted the Sheriff's Office and verified that no complaints were received. Sgt. Jerry Cusick said he will sign the permit if the Township approves. it. M /S /P Untiedt /Johnson moved to approve Mary Parcheta's application for a water ski course. (4 ayes) 6. CHIEF OF POLICE - a) Report given. There were 14 burning permits, none for buckthorn. There will be a burning ban starting on Friday. No dogs.were impounded. An injured cat was transported to the Hillcrest Animal Hospital with a broken leg. The cost to the Township for emergency care and a 5 day hold was $145. The cat has been released to an animal rescue organization. b) Special Events - Three special events are planned for May - The Stillwater Marathon; Cinco du Mayo run - bike -run and the ALS bike trek. c) Conditional Use Permits All CUP's have been inspected and all are in compliance. The Certificate of Compliance for Bergmann's Garden Center will be done later this month. Stillwater Town Board Mtg. — 4/14/11 Page 3 7. ARCOLA HEIGHTS DISC GOLF CONCERNS - Neighbors from Arcola Heights were present to discuss their concerns with the proposed disc golf course. They had a petition that had been distributed in their neighborhood which had 53 signatures which represents 32 of the 47 households. They would like to see the park left as a natural area. Jan Hayne also submitted an email from Carol! Henderson, DNR, and from Tara Kelly, Belwin Conservancy. They also discussed concerns about traffic, safety issues, parking, bathrooms, litter and issues with other disc golf courses in the area. Steve Nelson reported on research he had done with the Oak Park Heights course and the Willow River Park course. The neighbors also had concerns with the fact that they had little opportunity for input before this was in place. Sheila -Marie Untiedt explained that the lack of communication was not intentional, but a function of the time constraints in connection with the grant application. 8. INTERNET SERVICE - Mark and Laurie Windisch were present to discuss the poor quality of their internet service on Oakhill Avenue. There was discussion of possible solutions, including organizing their neighbors and looking into a satellite dish. 9. PLANNER - a) WOOD BURNING BOILERS - There had been presentations on OWB's at the last Planning Commission meeting. The Planning Commission would like further direction from the Board. The Planner was directed to prepare a simple draft ordinance requiring OWB's to meet the highest EPA standards including any siting standards. The Planning Commission will review. b) Stone Certificate of Compliance - Bonnie Stone has applied for the Certificate of Compliance for a seasonal agriculture business. The fee of $100 will be refunded since it is the policy of the Board to not charge a fee for agricultural uses. 10. PARK COMMI i i EE - Linda Countryman reported on the recent Park Committee meeting. Otto Berg Park should be sprayed for dandelions. The Clerk will ask Valley Green for a bid and also advise the technique they will use. More discussion at the next meeting. 11. LAKE ELMO DETACHMENT - David Johnson reported that the City of Stillwater wanted to go on record as being opposed to the detachment. He also reviewed the upcoming timeline. 12. COMMUNICATION COMMITTEE - They are meeting on Monday. The garage sale is expected to be June 24 and 25. 13. WORKSHOP PLANS - Linda Countryman will attend the upcoming workshop put on by the 2011 Land Use Workshop. 14. COMMUNICATION LIAISON - There was discussion of how to handle communication with citizens outside of meetings. The possibility of having a member of the Board who would be responsible for responding to inquiries from the community was discussed. However, this may be construed as being the consensus of the Board rather than just one member's opinion. Sheila -Marie Untiedt will discuss with Bob Ranalla at the upcoming Communication Committee meeting, the possibility of setting up an email r. Stillwater Town Board Mtg. — 4/14/11 Page 4 address for the chair who would have the responsibility of inviting people to a Board meeting to discuss their issues. 15. WORKSHOP - A workshop will be held on May 7 from fpm to 2pm on toxicity. A post card will go out to promote this. Sheila -Marie Untied will ask Bob Ranalla to put an item on the website. 16. ARCOLA HEIGHTS PARK - The consensus of the Board was that some of the issues raised by the neighbors, such as traffic, parking, toilets, signage, costs to maintain, are legitimate concerns and the Park Committee will be asked to address them. The Town Board will attend their next meeting. 17. ADJOURNMENT - The meeting was adjourned at 10:25 p.m. Clerk Chairperson Approved Washington BOARD AGENDA MAY 3, 2011- 9:00 A.M. 1. 9.00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Cory Slagle, Transportation Manager Contract with HR Green Company, County State Aid Highway 19 (Woodbury Drive) Improvement Project 5. 9:15 Community Services — Karin Reinert, Senior Planner Resolution Approving the 2011 Community Development Block Grant and Home Investment Partnership Program Annual Action Plan 6. 9:20 General Administration — Jim Schug, County Administrator A. Resolution — Endorsing the MN Accountability Government Innovation and Collaboration Act B. Legislative Update 7. 9:35 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:05 Adjourn ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REMINDER. NO BOARD MEETING MAY 31— 5TH TUESDAY MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date May 2 May 3 May 5 May 5 Committee MN Inter -City Passenger Rail Finance Committee Meeting MN High Speed Rail Metropolitan Energy Policy Coalition Time Location 10:00 a.m. 10:15 a.m. 10:00 a.m. 12:00 p.m. State Office Building Room 5 — St. Paul Washington County Government Center 454 West 5th Street — Red Wing 100 Empire Drive — St. Paul Assistive listening devices are available for use in the County Board Room If vfl■ flatcar, caooinfenro d,, In .f ennaiW nr,cang,.vca Hvrinr tJcacam rcall /R411 e116Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners April 19, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Accounting and Finance Approval of the following actions: - Resolution No. 2011 -048, open and update debt service and capital project funds under Fiscal Policy #2802 Opening and Closing Funds, and to update Fiscal Policy #2803 Fund Definitions; - New policy stating that the county will comply with regulations necessary to maintain the tax exempt status of its general obligation bonds; - Resolution No. 2011 -050, awarding the sale of General Obligation Bonds, Series 2011A; the form and specifications of the Series 2011A Bonds; directing the execution and delivery of the Series 2011A bonds, and providing for the payment of the Series 2011A Bonds. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Hegberg — reported on the Minnesota Inter - County Association meeting and the Regional Economic Development Partnership; and next week he will meet with a group from Met Council to discuss improvements to roads, transit and sewer systems as populations grow; - Commissioner Lehrke — reported on the Wakota Care Community Leaders luncheon, met with Library Director to discuss details and vision of Newport's digital library; attended the Metropolitan Area Agency on Aging finance committee meeting; Metro Alliance for Healthy Families meeting; and attended the St. Paul Park City Council meeting; - Commissioner Weik — reported on the Minnesota Inter - County Association meeting and the Regional Economic Development Partnership meeting; she attended the Woodbury Expo; she attended the Association of Minnesota Counties Board of Directors meeting; she attended the Gateway Corridor Policy Advisory Committee meeting; the Gateway Corridor Commission adopted a resolution supporting the St. Croix River bridge crossing; and the Metropolitan Emergency Services Board met; Commissioner Kriesel — reported on a joint informational meeting with representatives from the Minnesota Department of Transportation and the Wisconsin Department of Transportation; and he attended the Transportation Conference Committee. Community Services Approval of the following actions: - Appoint Danisa Farley, Cottage Grove, to the Community Development Block Grant Advisory Committee, to a first term expiring December 31, 2013; - 2011 -2012 contract with Cottage Grove WPII, LLC to provide 24 -hour customized living services at their White Pine II memory care site in Cottage Grove; - Update on a business forum the Workforce Investment Board is co- sponsoring with Bremer Financial, Century College, Forest Lake Chamber of Commerce and others to be held on May 25, 7:30 a.m. to 11:00 a.m. General Administration Approval of the following actions: - April 5, 2011 Board meeting minutes; Resolution No. 2011 -047, appreciation for Lt. Colonel Barbara O'Reilly upon her retirement from the National Guard; Legislative update presented; Update on flood activities in the county; - County Administrator Jim Schug presented a Certificate of Recognition for his 25 years of service with Washington County; Board correspondence was received and placed on file. Library Approval to appoint Sara Meyer, St. Mary's Point, to the Library Board to a first term expiring December 31, 2013. Public Health and Environment Approval of amendment to a Homeland Security Grant Program Agreement with the Minnesota Environment Department of Public Safety, Division of Homeland Security and Emergency Management. Public Works Approval of the following actions: - Resolution No. 2011 -049, release of a covenant contained within that certain highway easement dated October 16, 1952 and Recorded as Document No. 229051; Establish and post a No Parking Zone along the east side of County State Aid Highway 17 (Lake Elmo Avenue) from the intersection with Trunk Highway 5 to approximately 1000 feet north of Trunk Highway 5. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 3, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the April 19, 2011 County Board Minutes. B. Approval to appoint Mark Wackerfuss, Woodbury, to the Public Health Emergency Preparedness Advisory Committee as an Allied Health Professional Representative, to a first term expiring December 31, 2011. Public Works C. Approval to enter into a contract with W.L. Hall Co. to perform skylight system replacement at the Park Grove Library. Sheriffs Office D. Approval to enter into a contract with Encompass Engineering Consultants to perform professional engineering services relative to building exterior assessments and window replacements at various county facilities. E. Approval of resolution authorizing the Sheriff's Office to enter into a Minnesota Internet Crimes Against Children Task Force Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action.