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HomeMy WebLinkAbout2013-06-20 Joint Board PacketAGENDA Stillwater City and Town Joint Planning Board City Council Chambers 216 North Fourth Street Stillwater, MN 55082 7 p.m. Thursday, June 20, 2013 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF April 18, 2013 MINUTES 4. PUBLIC HEARINGS 4.01 Case No. 2013 -12. An annexation, zoning map amendment and preliminary plat for a 15 lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North. Jon Whitcomb, applicant. 5. OLD BUSINESS 5.01 Orderly Annexation Agreement Extension TN! 11 NTN ►LACE Of ■IN!ENOTA STILLWATER CITY AND TOWN JOINT PLANNING BOARD MEETING April 18, 2013 REGULAR MEETING 7:00 P.M. Chairman Johnson called the meeting to order at 7:07 p.m. Present: Stillwater City Councilmember Weidner, Mayor Harycki Stillwater Township Supervisors Johnson and Untied Absent: None Staff Present: Community Development Director Turnblad APPROVAL OF MINUTES Motion by Board Member Untied, seconded by Mayor Harycki, to approve the minutes of the January 16, 2013 Joint Planning Board Meeting. All in favor, 3 -0. Board Member Weidner abstained because he was not present on January 16, 2013. PUBLIC HEARINGS Case No. 2013 -07. A request for final plat and minor PUD amendment for Settlers Glen 9th Addition, a 28 -lot single - family residential subdivision. Lennar Corporation, landowners. Community Development Director Turnblad explained the request. The preliminary plat for Settlers Glen, and the Planned Unit Development (PUD), were approved on July 18, 2000 as the "Coves of Stillwater." The overall development included three housing types: traditional residential (11 units), cottage residential (209 units) and townhomes (160 units). Since that date, each phase of the development has been approved individually as a final plat. The proposed 9th Addition (Outlot C) will be the final phase of the Settlers Glen development. The applicant requests approval of the Settlers Glen 9th Addition final plat, to include 28 cottage residential lots and three outlots for open space, drainage and utilities. Eleven residential lots will be accessed via an extension of Macey Way from the south property line to McKusick Road. A new east -west cul -de -sac, Macey Circle, will serve 17 lots. Since the property to the west has subdivision potential, a roadway stub is provided for future access. The applicant is requesting an amendment to the PUD to approve new house styles for the 9th Addition. The houses offered by Lennar/US Homes have changed since the original approval of the PUD in 2000. The applicant has requested approval of 11 different home plans for the 9th Addition. The housing styles reflect the smaller -lot home styles currently in Millbrook, which have three visible garage stalls compared to the rest of Settler's Glen where Stillwater City and Town Joint Planning Board Meeting April 18, 2013 there are two visible garage stalls. The Planning Commission and staff recommended approval with 17 conditions, including modifications to the housing styles so that more styles feature the setback garage. In addition, staff recommends widening the allowable driveways for the three -stall garages. This would not impact impervious surface coverage. Chairman Johnson opened and closed the public hearing at 7:27 p.m. There were no public comments. Motion by Mayor Harycki, seconded by Board Member Untied, to recommend approval of the final plat and minor PUD amendment for Settler's Glen 9th Addition with 17 conditions. All in favor. 4 -0. Case No. 2013 -08. A request for annexation rezoning, preliminary and final plat for Cottonwood Trail Addition, a two -lot single - family residential subdivision. Tom and Karen Garley (13295 Boutwell Road North), landowners. Community Development Director Tumblad reviewed the proposal. The City of Stillwater has approved the Special Use Permits for both the National Guard Readiness Center and the City's new Fire Station, both of which are planned for construction on the property just west of Tom and Karen Garley's property. These projects require an access road to County Road 12 that encroaches onto the southwest corner of the Garleys' property. The Garleys have agreed to sell the needed road access property to the City (along with an additional area of temporary construction easement) at its appraised value in exchange for the two homes the City owns on the future Fire Station and Armory site. Since the two homes were to be demolished in preparation for construction, the City Council agreed to sell the homes to the Garleys for $1. The current requests are related to creating lots to receive the two homes that will be moved by the Garleys. In order to create the two lots as proposed, the applicant has requested the following: 1) annexation of 1.07 acres from Stillwater Township; 2) rezoning of 1.07 acres to TR, Traditional Residential; 3) preliminary and final plat approval of Cottonwood Trail Addition, a two -lot residential subdivision; and 4) waiver of Transportation Fee, Trout Stream Mitigation Fee, and Park and Trail Dedication Fee. Board Member Weidner asked what if one house is significantly damaged and can't be moved, for instance if it catches fire, or the applicant decides not to use the existing homes but to build new ones - does the arrangement allow for construction of a new home on the site? Community Development Director Turnblad responded that the plat creates two lots, so the building site would be perfectly useable for either the existing homes or newly constructed homes. Board Member Untied questioned the financial exposure of the applicant in the event of unexpected damage or destruction of the homes prior to the moving of the homes. Board Member Weidner suggested the applicant may want to research his insurable interest in the homes. Page 2 of 4 Stillwater City and Town Joint Planning Board Meeting April 18, 2013 Chairman Johnson opened and closed the public hearing at 7:51 p.m. There were no public comments. Motion by Board Member Weidner, seconded by Board Member Harycki, to recommend approval of the annexation, rezoning, preliminary and final plat for Cottonwood Trail Addition, a two -lot single- family residential subdivision. All in favor, 4 -0. OLD BUSINESS Revision of Orderly Annexation Agreement Chairman Johnson provided some historical information on the Orderly Annexation Agreement entered into in 1996 by the City and the Township. It was decided at the last Joint Board Meeting to consider extending the Orderly Annexation Agreement for an additional five years, deferring until 2020 the annexation of all of the Phase IV property, whose property owners do not wish to become part of the City at this time. He suggested that rather than simply extending the term of the Agreement by five years, the Joint Board review the entire Agreement to update language related to potential land use changes and other issues. Mayor Harycki suggested incorporating language regarding possible joint management of a park site at the corner of Highway 96 and Manning which has been eyed for a dog park, lacrosse field and soccer fields. Board Member Weidner summarized some of the licensing and enforcement issues involved with municipal management of dog parks. He also emphasized the need to plan for adequate parking for future facilities. Chairman Johnson noted that some of the enforcement responsibilities might be given to the people promoting the dog park. He recognized that the Township is willing to pay its fair share for development and management of the site, which could be based on some type of population formula. Mayor Harycki remarked that the Joint Board also may want to redraft the language regarding the number of homes built per year, as the number has never reached 150 houses per year. Community Development Director Turnblad responded that he wouldn't advise reducing the number, because there is a lot of developable acreage still out there. Chairman Johnson commented that the Joint Board should reconsider the cost - sharing formula for sanitary sewer hookup, as $2,500 may no longer be appropriate. It also should look at the formula dealing with road improvements. Page 3 of 4 Stillwater City and Town Joint Planning Board Meeting April 18, 2013 Mayor Harycki said the language on rural tax rate adjustment should be revisited. Also, the boundary referred to in section 8.03 should be redefined since the City is annexing land there in an effort to control hunting. Chairman Johnson added that language should be looked at in section 8.04, outlining items that involve the Township for decision - making purposes. There may be some instances where the Township doesn't need to participate, making it easier to go forward. Mayor Harycki suggested looking at language in section 8.06 regarding mediation, to make sure any issue that goes to mediation is a big issue, not a minor one, due to the expense. Chairman Johnson pointed out that property south of Highway 36 at Manning became part of Stillwater Township through action of the Municipal Board which ruled in favor of the property owner. He said the owner wants the site to go commercial, not stay agricultural, so the most logical place for it to go is into Oak Park Heights due to sewer and water availability. However, the City of Stillwater may see some advantage in having a say in its use because of its proximity to the entrance to Stillwater. So if there is a petition to have the property annexed into another community, the Township board has pledged to notify the City of Stillwater so it has a chance to weigh in on the issue. He noted perhaps this should become part of the Orderly Annexation Agreement - even if it's never Stillwater's intent to bring it into the City, it would give Stillwater a chance to negotiate with Oak Park Heights on its land use. Community Development Director Turnblad commented that perhaps the City of Stillwater could use the site to leverage some sort of land swap with Oak Park Heights for parcels north of Highway 36, that would clean up the boundary lines between Oak Park Heights and Stillwater. Chairman Johnson noted section 13.03 should be revisited, adjusting the base year for road maintenance costs. He concluded that maybe extending the Agreement 10 years is more appropriate than five years, perhaps with an option for another five years by simple agreement through four -fifth vote each of the City Council and Town Board. Board Member Untied noted that some language and documentation in the back half of the original document can be eliminated. Mayor Harycki suggested that after the proposed amendment is redrafted with tonight's comments, the Joint Board meet again to go over changes, then have a joint Township Board and City Council meeting. Chairman Johnson said the Joint Board ought to meet one more time to review the changes, then forward a draft copy of the proposed amendment language to the Council and Town Board for discussion at a joint meeting of those two bodies. Community Development Director Turnblad agreed to pass along the suggestions in "red- line" format to City Attorney Magnuson to redraft the proposed Amendment. Page 4 of 4 Stillwater City and Town Joint Planning Board Meeting April 18, 2013 The Joint Board will meet next on May 16. Board Member Untied will be a little late to that meeting. ADJOURNMENT Motion by Board Member Johnson, seconded by Board Member Weidner, to adjourn the meeting at 9:25 p.m. All in favor, 4 -0. Respectfully submitted, Julie Kink Recording Secretary Page 5 of 4 REPORT DATE: June 12, 2013 HEARING DATES: Planning Commission Park Commission City Council Joint Planning Board CASE NO.: 2013 -12 May 13, 2013 May 20, 2013 June 18, 2013 June 20, 2013 APPLICANT: Jon Whitcomb, Midwest Real Estate Management LANDOWNER: Greg Wallace & Bill Krech REQUEST: 1) Annexation 2) Rezoning to CCR, Cove Cottage Residential 3) Preliminary Plat approval of Browns Creek Preserve, a 15 lot Residential Subdivision LOCATION: 12205 McKusick Road COMPREHENSIVE PLAN: LMDR, Low /Medium Density Residential REVIEWERS: City Engineer, Fire Marshal, Brown's Creek Watershed District, Washington County Public Works PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Jon Whitcomb, Midwest Real Estate Management, plans to develop six acres of property located at 12205 McKusick Road. The site is currently located within Stillwater Township. The preliminary plat for the project, to be known as Brown's Creek Preserve, shows 15 single family lots that are requested to be rezoned to CCR, Cove Cottage Residential. The project is located on McKusick Road immediately west of Settler's Glen 9th Addition and immediately south of Brown's Creek State Trail. The proposed zoning for the development is the same as Settler's Glen 9th Addition, though the Brown's Creek Preserve lots are considerably larger. Browns Creek Preserve June 11, 2013 Page 2 SPECIFIC REQUEST In order to develop the property as proposed, the applicant has requested approval of the following: 1. Annexation of the 6.0 acre property 2. Rezoning of the property to CCR, Cove Cottage Residential 3. Preliminary Plat for 15 single family lots EVALUATION OF REQUEST I. ANNEXATION According to the Orderly Annexation Agreement, the subject property is located in the Phase IV annexation area. This area is not scheduled for development until 2015. But, the infill provision of the agreement (Section 4.09) would allow the request to be approved, since each of the following criteria are satisfied: o 100% of the subject landowners have signed an annexation petition • Greg Wallace and Bill Krech are the sole owners of the property and they have signed the annexation petition. o The property is adjacent to property within the City's corporate limits • Settler's Glen 9th Addition immediately to the east has already been annexed into the City. o The level of growth in the entire area regulated by the agreement has not exceeded 120 permits per year • This is true o Utilities are immediately available to the property • All utilities are to be brought to the property boundaries by US Homes as they develop Settler's Glen 9th Addition this summer. II. REZONING Mr. Whitcomb has requested that the development be zoned CCR, Cove Cottage Residential after it is annexed. This zoning is the same as Settler's Glen 9th Addition. Though the requested zoning is consistent with the Comprehensive Plan, and is compatible with the surrounding neighborhood, staff suggests that TR, Traditional Residential zoning be considered. The reason is that with the larger lots of Brown's Creek Preserve, TR might work better. For example, TR zoning allows for a mother -in -law apartment and the garage regulations are considerably less confusing than in the CCR district. The garage has no restriction on number or orientation of stalls, they are simply limited to 1,000 square feet of floor area and have to be set 26 feet from the front lot line (house has 20 foot front setback). In addition, 25% of the 15 lots would have garage faces set 7 feet back of the house front. Browns Creek Preserve June 11, 2013 Page 3 III. PRELIMINARY PLAT A. Minimum Dimensional Standards: CCR District Standard Min. requirement Proposed Lot area 7,000 (10,000 sf avg) 10,641- 18,755 sf Lot width* 60' 80' min Lot depth ** 100' 130' min Lot frontage on public road 35' 52.4' min * distance between side lot lines measured at right angles to lot depth at a point midway between front and rear lot lines * * average distance between front and rear lot lines. The table compares the minimum standards for the proposed CCR zoning district with the minimum standards proposed for Brown's Creek Preserve. As can be seen, each minimum standard would be exceeded. The TR, Traditional Residential zoning requirements are also exceeded by each proposed lot. B. Civil Engineering The City Engineer has reviewed the preliminary plans and offers the following comments: 1. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 2. The street widths are shown as 28' back of curb to back of curb and must be increased to a minimum of 28' face to face. 3. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 4. Drainage from Monterey Court shall not be directed into Macey Way. 5. Backyard drainage from Lots 1 to 10 is a concern, since proposed grades are minimal. A revised drainage system must be proposed and approved by the City Engineer. 6. This development will be responsible for paying the Trout Stream Mitigation Fee of $10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. These fees will be due prior to release of the final plat for recording with Washington County. 7. Annexation petition cannot be filed with Minnesota Municipal Board until utilities have been extended to Browns Creek Preserve property lines. Browns Creek Preserve June 11, 2013 Page 4 C. Tree Preservation & Landscaping A tree inventory, tree removal and tree protection plan has been submitted. A landscaping plan has also been submitted. Both plans have been reviewed by the City Forester. 1. No protected slopes exist on the site ( >24% over a 50 foot run). So tree removal on slopes is not an issue. Moreover, the vast majority of the trees on the site are plantation pines, which are not subject to the tree City's tree protection standards. 2. The City's environmental ordinances would allow 35% of the tree stock to be taken down. Less than 27% of the total wood mass would be removed according to the plan. So, no replacement is required. 3. One note on the landscaping plan: the subdivision code requires an average of three trees per lot along the street, though outside of the platted right- of -way1. The landscape plan only shows 18 trees for all 15 lots. This needs to be revised to 45 trees be compliant with City Code. 4. The tree protection fencing should be installed per the Landscape Notes on the tree inventory page L1.1, prior to grading activities. Trees and treed areas to be removed should be clearly marked so they can be distinguished from trees to be preserved and vice versa. 5. Tree Species - Currently only 'Greenspire' linden (a European linden cultivar) and 'Autumn Blaze' maple (a cross between silver and red maple) are specified to be planted. Tree species diversity should be increased to avoid losing a lot of trees in the landscape to insect, disease or cultural problems. Increase tree species diversity by adding native, or near -native species such as: oak species (N. red, N. pin, bur, bicolor), hackberry, American linden ('Redmond' is one variety), red maple, river birch, paper birch, thornless honeylocust and sugar maple. D. Park and Trail Dedication The Comprehensive Plan's park element shows no planned park or trails on or through the property. Though, the Brown's Creek State Trail runs along the northern property line of the development. The Park Commission reviewed the plans on May 20, 2013. They recommended that park and trail dedication should be cash rather than land or improvements. So the fee per lot will be $2,000 for park dedication and $500 for trail dedication. This cash dedication will be due prior to release of the final plat. Since road access to subdivision will be through Settler's Glen 9th Addition instead of directly to McKusick Road, the existing driveway easement over Brown's Creek City Code Ch 32, Subd. 6(3)q Browns Creek Preserve June 11, 2013 Page 5 Trail to McKusick Road should be vacated prior to filing the final plat with Washington County. E. Environmental Issues Wetlands - The property has no wetlands. But, there is a Management Category I wetland just to the south of the site and it has a required 75 foot buffer area. This may impact grading of the proposed storm water pond, which will become clear during Brown's Creek Watershed District review. BCWD - Karen Kill, Brown's Creek Watershed District Administrator, completed a preliminary pre - permit plan review of the development plans. She makes the following comments: "If the Management Category I Wetland to the south of the property is a groundwater dependent natural resource (which is likely), then the proposed stormwater basin will not be allowed within the buffer unless the basin bottom is at least 3 feet above the seasonal high water table, bedrock or other impeding layer and the basin is designed and maintained to infiltrate the 2 -year 24 -hour precipitation event. Right now that isn't how it is designed. Also, the order of the stormwater facilities (infiltration first and NURP second) is backwards, so there is going to need to be some moving things around." Floodplain - The property includes no FEMA identified floodplains. ACTION REQUESTED Review and comment on the annexation, rezoning and preliminary plat. The Joint Board finds the proposal to be satisfactory, it could adopt the attached resolution of RECOMMENDATIONS Planning Commission On a 7 -1 vote the Planning Commission recommended approval of the requests with the conditions identified in the planning report, except that the Commission recommends that the property should be rezoned to TR, Traditional Residential rather than CCR, Cove Cottage Residential. Park Commission The Park Commission unanimously recommended that the developer meet his park and trail obligations through a cash dedication. City staff Recommends approval of the preliminary plat, annexation and rezoning (though to TR, not CCR) with the following conditions: Browns Creek Preserve June 11, 2013 Page 6 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary Plat • Grading • Erosion Control Plan • Utility Plan • Tree Preservation Plan • Landscape Plan dated 4/19/13 dated 4/19/13 dated 4/19/13 dated 4/19/13 dated 4/19/13 dated 4/19/13 2. The developer shall submit a grading permit application to Brown's Creek Watershed District. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 3. A total of $37,500 shall be paid to the City for park and trail dedication fees ($2,000 park dedication fee for each lot and a $500 trail fee for each lot). These fees shall be submitted to the City prior to release of the final plat for filing with the County. 4. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 5. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 6. The street widths are shown as 28' back of curb to back of curb and must be increased to a minimum of 28' face to face. 7. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 8. Drainage from Monterey Court shall not be directed into Macey Way. 9. Backyard drainage from lots 1 to 10 is a concern, since proposed grades are minimal. A revised drainage system must be proposed and approved by the City Engineer. 10. This development will be responsible for paying the Trout Stream Mitigation Fee of $10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. These fees will be due prior to release of the final plat for recording with Washington County. 11. The annexation petition shall not be filed with Minnesota Municipal Board until utilities have been extended to Browns Creek Preserve property lines. 12. Prior to releasing the final plat for filing with Washington County, the landscape plan shall be revised to show 45 trees to be planted on the lots, at a rate of three trees per lot. 13. The tree protection fencing must be installed per the Landscape Notes on the tree inventory page L1.1, prior to grading activities. Trees and treed areas to be removed should be clearly marked so they can be distinguished from trees to be preserved and vice versa. 14. The landscaping plan must be revised prior to release of the final plat for filing with Washington County. The revisions must include better tree species diversity. Specifically, tree species diversity is to be increased by adding native, or near -native species such as: oak species (N. red, N. pin, bur, bicolor), hackberry, American linden Browns Creek Preserve June 11, 2013 Page 7 ('Redmond' is one variety), red maple, river birch, paper birch, thornless honeylocust and sugar maple. 15. The existing driveway easement over Brown's Creek Trail to McKusick Road should be vacated prior to filing the final plat with Washington County. cc Jon Whitman Attachments: Zoning & Location Map Development Plans Browns Creek preserve Preliminary Plat Case 2013 -12 Zoning Districts A-P. Agrewhural Preservation RA- Single Family Residential { RB • Two Family jal TR, Tradtronal Residenua - LR. Lakeshore Residento I CR College Reveenual CTR. Cove Trameonal Res,Oenual - OCR Cove Cottage Resrdeneal - CTHR. Cove Townhouse Residential TH, Townhouse RCM - Meorum Oen&ty Res.denoai we arm - Kph Density Resalenkat , VC. Wage Commercial - CA - General Commeroal CBD - Central Business Dkstrxi BP -C. Busmen, Park - Commerc - -al - BP 0. Business Park - Oft+ BP -I. Bus-ness Park - Industr.,v IS • Heavy Indsstnal CRD Campus Research Devebprnent - PA . Public Administration 1111 PROS - Park, Recreation or Open Space Public Works Faciiey ROAD WATER • Current City OMR tro co tv 00 N O W —ITa PA MAL La. ■ - qRN ..•q.•.....•- t .......:.. ... ._ d. (MCKUSICK RD. N.) COUNTY RD. NO. 64 -xoerx M6 OF MR 0.1/4 OF 0* sw V4 V4 7 000.711E RAIIOM G077022 02 . ' 10011T CREEK ;:..1/ .... q16 lO70 V2 MG PAN PPE °O R*MVAI 1'. I 4470,29*.... I I LOT4 72.767 sq. ft 91, / \ f LOTS 0,759 sq. ft. NUE LOT6 4 I I 1 1 PRO.3 P. INVERT 36. \ LOTS LOT77 16.070 w ft. 410.7" LOT 10 / 10.494. ft. / // o. C / N / N 44740 SSSe3E 34'8 O3n OT .4 pop VAY u6 a pp.., anupap Paw IF QNOH -•\ wurr omen. LLI J Orta AA OP aloof A ( ^• \i ♦ ANEXED LEGAL DESCRIPTION: The fol description Is a an . hiiet cw Company * 4s iss e its agent, d TVAe C Commitment ue 399271, with an effectNe date of February 28, 2013. All coat pan of the Nonheut Quarter of the Southwest ()matter (NE N of SW Al of Section Nineteen OM, Township ThMy DM North, Range Twenty 001 west, described u follows: corner of sold quarter- quarter. thence east Commencing mh Ilse of said quarter - quarter fa forty (q01 feet; thence South a. along parllel with 1W 0)f t line of saki Northeast Quarter Of Southwest Quarter NE M of t N1 for One hundred thirteen and six- tenths (113.61 feet to Es with the southerly rNM- of4.Yay line of the Northern Part. Railroad Company, which Is the point of beginning of this descrlp. ; thence South along said parallel line drawn foal (40) feet Ent of mWest a Northeast Quarter of Southwest Quarter NE M of SV H) six hundred twent,sla aria one -tenth (636.1, feet thence East and parallel with said southerly right- of-way line of the Northern Paclnc Railroad Company for Four hundred seventeen and four -tenths I417A feet, thence Quaand parallel said Northeast Quarter of Southwest rrttrr NEf of .11) the west huindrE twenty-six and one- tenth 1626.11 feet to the southerty right-of-way line of the NOrthem Pacific ft 11:24 cherry right- of-way line of said railroad ndred along said nand four enhs (17.41 feet to the ntoof beginning, t.rtherwhM1 an euement for Ingress and egress over across arid E Mof the fSW Aof Sec R 19, T. 30 N., 20W.,�Washington County, of the Minnesota, thence E.40 h. along the N. line of said S to a pt.; thence 5. parallel to the W. Iine of said H M 113.6 ft thl to e Sly eight of way line of and e orthern PadM Railroad; thence W. along the Sly line of sold right of o said railroad 40 ft to the . of said AA; thence N. along the W. line way aid AA 113.6 R. to the pt. of beginning of this description, according to the United Mazes Government Survey thereof, Washington County, EV PARC ,334 sq. ft 1,000 sqq. h Lot 3 - x;;7631a.R. Lot 4 .ft Lot 6 Lot 7 12,832 _100,641 q 0. . R 8 : 78,255 sq. ft Lot 9 p.ft q. R. Lm 15 - 11.051 sq. . n. Rudway 36,322 sq. R ♦ SURVEY DATA: 1. BEARINGS ARE COORDINATESYr�STEM NAD 1983. ASxINGTON COUNT, 2. LEGAL DESCRIPNON PROVIDED BY THE OWNER. 3. EASEMENT INFORMATION LIMITED TO ITEMS LISTED IN THE ABOVE LEGAL DESCMrtWNS ORSHOWN ON COUNTY N. SECTION MAPS. OTHER EASEMENTS, If ANY, MAY ERM AND ARE NOT SxOWN ON TNIS SURVEY. 4. TOPOGRAPHY PROVIDED H DED NY THE OWNER. 2FOOT CONTOURS PROVIDED BY TOE WASHINGTON COUNTY SURVEYORS 07FICE DATED 2011. 5. UNDERGROUND UTILITIES NOT LOGTE0 OR SHOWN ♦ SYMBOLS: Gas METER HYD A RANT WATER VALVE CONCRETE urdwITYPoPOtE EL 90.Y • DFN2. F IRON PIPE ME EL D E L ° DENOTES io 78 i E10 MRS 1R ail 261 OVERHEAD CALL NIFOREYOUDIQ Gopher State One Call PAMEITYAREAs 651-4M-0002 TOLL !WEL 1-800-2S2-11. NORTH SCALE IN FEET BROWNS CREEK PRESERVE CONTACT: BROWNS CREEK WEST, LLC %Jon Whitcomb PO Box 128 Stillwater, Mn 55082 CITY — COUNTY: CU OF 511 LLWATER WASHINGTON. COUNTY REVISIONS: Out t 1Z: rijet0:177 AL CERTIFICATION: n °m .n °wr`w me o clIeNtpendAN.e ender a s. piths Outset sta INNmr TA Dart flrteglstratlon 2S718 PROJECT LOCATION: ♦12205 MCKUSIK RD. N. PID #1903020310001 CORNERSTONE LANG SURVEYING, INC eaMsECrr IVO 3034 PRELIMINARY PLAT C2.1 WASH / FTON NAIL R/W PLAT NO. 83 (MCKUSICK RD. N.) COUNTY RD. 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I o FNMA= TO MINIM INNERS BROWNS CREEK WEST, LLC do JON WMITCO118 PO BOX 128 STILLWATER, MN SBOS2 BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAMS PRELIMINARY PLAT SUBMITTAL 0419/19 wAlnl SHEET HMO( CPI COMA 0012T C1.1 ONION COMMON Cif NIONIONRY PLAT COMM W [00•00 =MOM 1•M CU GNAW WINN 1.1.1 TOW FLAStentl. Pim 121 LNIDIGNS PUN P. 0.1.1 MONO C41 UMW PUN CA2 1111071 COOLS CC, IMIUTY NOM 0001FIGTIMN H 0 Development Consulting P.O. BOX 3S7 MENMOIMMAIM BANIFEMON UTILITY PLAN PROECT NO WNNM001 C4.1 011E COWN01.1110 ONCOUNTYR/W PLAT NO.IR83 (MCKUSICK RD.IN.) COUNTY RD. NO. 64 9141' _ -Ra M 912 tea____ = = f' + ==c 4 / WASHINGTON COUNT' *GHT OF WAY PLAT I , BO. 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BROWNS CREEK WEST, LLC ak JON WHITCOAB P0 BOX 125 STILLWATER, MN 58552 BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DIMING PRELIMINARY PLAT SUBMITTAL 04/19/13 REWSION OAK 04110/13 mEET 0000 COI COM MOM C1.1 RAM CARD. CAI M m04 WOOL TAW Cat GRAMS OR ME Ma MORD RUNS 04.1 RAJA NAN CU NAM NAAS Arl.1 AIR u PGePVAIAN PLAN CFFIFICASON Development Consulting P.O.90X3A LONG Y 53116 SHEET LANDSCAPE PLAN PROECT NO. WHI04001 L2.1 FRE I ___1_ WASHINGTON COUNTY R/W PLAT NOW 8J (MCKUSICK RD.1N.) COUNTY RD. NO. 64 t= r _______BBB _ - -- B_2 -� — — _ _� LANDSCAPE NOTES I. IN YN K MC mTOM FOYW�000Aa MOI,1000 RrNI 11.E Of COMMONS CO m M OYQ. IiMBMMA.0 111. m . a lam IL PBIO MO TO 00111201111 MOO MINIMS A. r/mMON M.. 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L1.0 nb JON WHITCONB P08010128 SHLLWATER, MN 88082 MOLEST BROWNS CREEK PRESERVE SDLLWATER, MINNESOTA PRELIMINARY PLAT SUBMITTAL 04/19113 04/10/13 .SET IIMES 01 COM MOST 41.1 COOK commas go mammy RAT 01 MOM PLO Na 0100 WOO SAM NN MI PAM OM MIT! MUM L1.1 ITIPS 1200P/O0 RAN CTNIPI10* 1ON Mme. _ .i13f►s" IOU PM wluo R H Ild Development Coneelong P.O. 801287 WN011 040.06 B1 TREE PRESERVATION PLAN P ROEM. Nn WNI08001 L1.1 H IE ORIGINAL AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT, ORDERLY ANNEXATION AND THE EXERCISE OF JOINT POWERS FOR PLANNING AND LAND USE CONTROL THIS AGREEMENT is made this Holz day of 0-4.0 , 1996, ( "Effective Date ") between the City of Stillwater, Washington County, Minne to ( "City") and the Town of Stillwater, Washington County, Minnesota ( "Town ") and is an agreement relating to growth management and constitutes a "Joint Resolution" between the City and Town authorized by Minnesota Statutes §414.0325 providing for a procedure and a framework for orderly annexation of a part of the Town to the City. This Agreement also provides for the joint exercise by the City and Town of their respective planning and land use control authority pursuant to Minn. Stat. 471.59 and Minn. Stat. 414.0325 (Subd. 5). SECTION ONE INTRODUCTION 1.01 Certain land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities. Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses the City would ultimately be benefited by a broadened tax base and a more vital community and that urban growth in the annexation area would benefit the City. The Town has participated in a review of the City's Comprehensive Plan and has concluded that it would be beneficial to the Town, and to property owners remaining in the Town after annexation, to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the Town. INTENT 1.02 The parties to this agreement intend it to be binding with all the rights, privileges, and obligations attached thereto. Both parties intend to be bound by this agreement and shall not violate its terms. Neither party shall exercise any legislative authority either now existing or which may be later created in a way which violates the terms of the agreement. Both parties understand that they may not limit the power of the legislature over annexation, and such is not their intent. Instead, the parties agree to refrain from exercising any legislative authority, now or into the future, in a way that would violate the terms of this agreement. 35667.01F 05/23/96 INCLUSION INTO COMPREHENSIVE PLAN 1.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City shall adopt and forward to the Metropolitan Council a Comprehensive Plan Amendment incorporating the Orderly Annexation Agreement into the City's Comprehensive Plan. SECTION TWO ORDERLY ANNEXATION AREA 2.01 The property described in Exhibit "A" that is subject to annexation by the City pursuant to this Agreement will constitute the "Orderly Annexation Area ". This area includes all that area of the Town not now within the City that lies North of Highway 36, East of County Road 15 and South of Highway 96, except for that portion of the Town that lies North of the right -of -way of the Minnesota Zephyr Track and East of the Oak Glen development. The Orderly Annexation Area is designated as in need of orderly annexation and no consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries is appropriate, and all conditions of annexation have been provided for in this Resolution and the Minnesota Municipal Board may review and comment only and within thirty (30) days of receipt of this Resolution and each subsequent phase as described in this Agreement upon the filing of a Resolution as described in this Agreement. SECTION THREE PHASING SCHEDULE 3.01 The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the financial risk of extending core facilities into the Orderly Annexation Area by extending such facilities gradually rather than at one time. This would also allow for the burden imposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis. The Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax base on the remaining Town government and easing financial and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents. For the purposes of this Agreement, the Orderly Annexation Area will be divided into four (4) phases described as follows: Phase I Description 3.02 Phase I contains that property described in Exhibit "B ", generally described as that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the following property that will remain as Phase IV property unless Annexation is requested by the property owner pursuant to Section 4.08 herein: 35667.01F 05/23/96 -2- a. The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31- 030 -20 -32 -0001 and 31- 030 -20 -34 -0001 Owners: Alvin and Helen Bergman b. 1223 - 62nd Street North Parcel Number 31- 030 -20-34 -0002 Owner: Paul Bergman c. 7143 Manning Avenue Parcel Number 30- 030 -20 -33 -0001 Owners: Robert M. and Ann S. Jordan d. 7135 Manning Avenue Parcel Number 30- 030 -20 -33 -0002 Owners: Ralph E. and Kimberly A. Stowell e. 6731 Manning Avenue Parcel Number 31- 030 -20 -23 -0001 Owner: Rosalie Gadient The Phase I also includes the Stillwater Golf Course. The approximate population of the Phase I area is 9r Phase II Description 3.03 The Phase II property is the property described in Exhibit "C" commonly referred to as the Abramowicz Farm property, Rivard property and Newman property. Phase III Description 3.04 The Phase III property is the property described in Exhibit "D" and commonly referred to as the Palmer Farm property. This Agreement will not obligate the City to provide adjacency between the present City and the Palmer property and it will be the obligation of the Developer to provide adjacency before the Resolution on Phase III is enacted. Phase IV Description 3.05 The Phase IV property is that portion of the Orderly Annexation Area that is not included in Phases I, II or HI. 35667.01F 05/23/96 -3- SECTION FOUR TIMING OF ANNEXATION OF PHASES 4.01 Under no circumstances will the growth in the Orderly Annexation Area exceed a cumulative total of 120 dwelling units per calendar year measured from the year 1996 as year one. This limitation shall apply to the issuance of building permits. The City shall provide a written report to the Joint Board on July 15 and January 15 of each year commencing in 1997 identifying the number and location of building permits for new residential dwelling units issued during the previous six months. 4.02 Phase I property will be annexed to the City after the execution of this Agreement. The Municipal Board shall order annexation of the Phase I property within thirty (30) days following receipt of this Joint Resolution. 4.03 Phase II property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 1999. 4.04 Phase III property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2002. 4.05 Phase IV property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2015. 4.06 The City may annex Phase II property prior to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation. 4.07 The City may annex Phase III property prior to January 1, 2002 provided that: a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units per year limitation; and b) that seventy-five percent (75%) of the net developable area of Phase I property annexed to the City has been platted and developed into occupied residential dwellings. 4.08 The City is free to deny an annexation or extend the timing of a phase at any time at its sole discretion. This Agreement does not confer any rights upon any individual property owner to require the City to annex his or her property. 4.09 As an exception to the Phasing Schedule, the City may annex property not described in Phases I, II or III by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100 %) of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the one hundred twenty (120) dwelling units per year limitation. 35667.01F 05/23/96 -4- SECTION FIVE COMMERCIAL AND OTHER DEVELOPMENT 5.01 Commercial Development within the Annexation Area will be limited to the 6.3 acres of commercial property at the southeast quadrant of C.S.A.H. 12 and C.S.A.H. 15, and the Bergman and Bradshaw property along Highway 36 between County Road 5 and County Road 15. These are the only properties designated for commercial use in the City's Comprehensive Plan. 5.02 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification that will be described as "Village Commercial Zoning" or "Neighborhood Commercial" with separate guidelines, standards and design criteria designed to meld the 6.3 acre commercial area into the rural setting of the adjacent residential property remaining in the development and the Town as described in Exhibit "E ". 5.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification for the Bergman and Bradshaw properties to be known as the "Research and Development District" that will have standards and criteria consistent with the classification described in the Comprehensive Plan. The district will house office, light industrial and service uses in a coordinated planned unit development campus setting. 5.04 Agriculture will continue to be a permitted use in the areas re -zoned pursuant to this Section. SECTION SIX ASSESSMENT AND UTILITY POLICY 6.01 Concurrent with the adoption of this "Joint Resolution ", the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, water and street upgrading. The policy shall be as follows: a. Except as set forth in Section 6.04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook -up or utility charges if the property is not connected to public sanitary sewer. b. Except as set forth in Section 6.04, no property will be assessed for municipal water or required to pay water hook -up or utility charges if the property is not connected to the municipal water system. c. No property will be assessed for storm water improvements or required to pay storm water hook -up or utility charges prior to subdivision of the property. 35667.01F 05/23/96 -5- d. Any property which hooks -up to City sanitary sewer shall pay a hook -up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook -up to the system. e. Any property which hooks -up to City municipal water system shall pay a hook -up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook -up to the system. f. Property which is not being subdivided will not be assessed for the cost of street improvements necessitated by development occurring within the orderly annexation area. However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One. The property may be subject to additional deferred assessments payable if and when the property is subdivided. "Substandard" is determined by Township standards in effect prior to the annexation of Phase I. g. If a property hooks up to City sewer or water it will be charged for one hook- up as per Section 6.01 d and e regardless of whether the property can be further subdivided. Additional hook -up charges will be due at the time the property is subdivided based upon the hook -up charges in effect at that time. 6.02 Concurrent with the City's adoption of this "Joint Resolution ", the City will adopt a sanitary sewer and water hook -up policy which includes the following provisions relating to property within the orderly annexation area: a. Prior to subdivision of the property, no property owner will be required to hook -up to the City's municipal water system. b. Prior to subdivision of the property, no property owner will be required to hook -up to the City's sanitary sewer system unless hook -up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is initiated. A property owner will be permitted to upgrade or replace a failing system in accordance with MPCA standards. The City ordinance will not impose regulations that are more stringent than those required by the MPCA. 6.03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on -site system if the extension is not feasible or cost effective. 6.04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners who subdivide their property. 35667.01F 05/23/96 -6- 6.05 The limitations in Sections 6.01 d and e will be annually adjusted commencing January 1, 1997 based upon the Consumer Price Index for Urban Consumers (CP -U). SECTION SEVEN REAL ESTATE TAXATION 7.01 Rural Tax Rate Adjustment. It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome. The City, therefore, will concurrent with the City's adoption of this "Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing District Ordinance to include: a. A rural service district that will include only parcels that are not connected to municipal sewer or water services. b. A rural service tax rate that will be set at seventy-five percent (75%) of the City Urban Service District rate. c. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation, the initial rural service tax rate in the year of annexation will be Fifty percent (50 %) of the urban rate, with the percentage being increased five percent (5 %) each year to the seventy-five percent (75 %) rural service rate. 7.02 Tax Rate Adjustment for Parcels Not Requesting Annexation. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation and do not qualify for the rural service taxing district, the initial urban tax rate in the year of annexation will be fifty percent (50 %) of the urban rate, with the percentage being increased 10 percent (10 %) each year for five (5) years to the full urban rate. 7.03 Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20 %) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City. 7.04 Year of Annexation. If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year. If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy in the annexed area until the following year. 35667.01F 05/23/96 -7- SECTION EIGHT JOINT PLANNING AND LAND USE CONTROL 8.01 The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Town pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City's Comprehensive Plan. 8.02 The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Town Board members appointed by the Town Board of Supervisors. 8.03 The Joint Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City's Comprehensive Plan. The area north of the railroad tracks and east of the Oak Glen development and south of Highway 96 shall remain in the present conservency zoning classification now in effect in the area. A zoning classification for the Bergman farm that is the same as the City's Research and Development Zoning District will be adopted in order to protect the area from development that would prevent or frustrate the eventual urban development of the farm as an Urban Research and Development Center. Nothing in this subsection shall preclude the Town's approval of a subdivision of a parcel of land into three or fewer lots with a minimum lot size of 2.5 acres. 8.04 As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers: a. Approve amendments to the City's Comprehensive Plan relating to the Orderly Annexation Area; b. Approve the initial adoption of, amendments to, or variances from the City's official controls relating to the Orderly Annexation Area. c. Approve any special assessment and sanitary sewer and water hook -up ordinance or policy and any amendments for consistency with Section Six. d. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein. e. Review and comment on the consistency of any development application with City's Comprehensive Plan and Orderly Annexation Agreement. f. All matters subject to approval by the Joint Board as set forth in §8.04 (a), (b) or (c) shall be processed in the same manner by the City as any other such 35667.01F 05/23/96 -8- g. matter. Any required public hearing before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board. Final action by the City relating to matters described in §8.04, Subd. (a), (b), (c) or (d) may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution ( "ADR ") in the form of mediation/arbitration ( "Med -Arb ") or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral's recommendation and supported by the administrative record developed by the City and Joint Board. The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue. h. Development applications subject only to review and comment by the Joint Board pursuant to Paragraph 8.04(e) herein shall be processed in the same manner as all other development applications except as follows: (1) The Joint Board shall meet before the Planning Commission completes its consideration of the application. Minutes of the Joint Board's discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing need be conducted at the Joint Board meeting; (2) The Town Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board's review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members. 8.05 "Official controls" means ordinances, regulations and policies which control the physical development of the city and use of land, or any detail thereof and implement the general objectives of the comprehensive plan, including ordinances establishing zoning, subdivision controls, site plan regulations and official maps. 8.06 The Joint Board will not be responsible for any staff time, consultant expenses or other costs incurred by the City and Town in connection with the processing and review of any matter which requires approval by the Joint Board. The Town and City will be responsible for paying their own employees, consultants and Joint Board members. Any expenditure incurred by the Joint Board, including the appointment of a Neutral to conduct ADR proceedings, if necessary, shall be apportioned seventy-five percent (75%) to the City and twenty-five percent (25%) to the Town. 35667.01F 05/23/96 8.07 This Joint Powers Agreement shall terminate concurrently with the Orderly Annexation Agreement on January 1, 2020, except as follows: As to the matters set forth in Section 8.04 (b), (c) and (d) herein, the Joint Powers Agreement shall remain in effect so long as there are any Phase IV properties that are still entitled to the protection of Sections Six and Seven herein, pursuant to Section 16.01 herein. 8.08 Concurrent with the City's adoption of this Joint Resolution, the City shall amend, subject to the second reading required by City Charter, its zoning ordinance to provide that property is zoned agricultural upon its initial inclusion into the City upon annexation. The Agricultural zone shall not allow any non - agricultural commercial use. The owner of any property proposed to be annexed pursuant to Section 4.09 which has an existing non - agricultural use shall agree to terminate the use as a condition of annexation. Nothing herein precludes the City, subject to Joint Board approval pursuant to Section 8.04 (b) herein, from rezoning the property to another use at the time of or subsequent to its annexation. SECTION NINE PERFORMANCE STANDARDS 9.01 The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area. The standards will measure developer performance in the areas of financial responsibility, protection of the environment during construction, construction traffic management, compliance with established time tables and responsiveness to citizen complaints. Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards. SECTION TEN INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS 10.01 To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint City/Town Planning Task Force within the ordinances and policies of the City. These recommendations are adopted and made a part of this Agreement as Exhibit "F ". SECTION ELEVEN ENVIRONMENTAL AND OPEN SPACE PRESERVATION 11.01 The City agrees that environmental assessment worksheets will be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board. Further, the recommendations developed by the Stillwater Area Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly - Annexation Area will be followed when feasible or when permitted by law. The Stillwater Area Open Space Committee Report prepared by Kathryn Malody, 35667.01F 05/23/96 -10- Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "G ", and the recommendation set forth in the study for sites within the Orderly Annexation Area must be made available to the Planning commission and City Council when any planning review is made of any proposed development within the Orderly Annexation Area. SECTION TWELVE INFRASTRUCTURE INSTALLATION WITHIN THE TOWNSHIP 12.01 When sewer and water trunk facilities will be extended through Town area in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board of the development plans. The City will copy the Town Board on any correspondence with Town property owners relating to easements or right -of -way acquisitions. SECTION THIRTEEN MAINTENANCE OF EXISTING INFRASTRUCTURE WITHIN TOWN 13.01 The Town will continue to maintain streets and other public improvements in the Annexation Area so long as they remain in the Town. If improvements are required in this area which are not necessitated by growth in the City Annexation Areas, the City will pay to the Town a portion of the cost of the improvement which extends the useful life of the improvement beyond the time at which the street or other improvements is projected to be annexed into the City. The City's portion of the cost will be prorated based upon the following formula: Useful Life After Cost of Improvement x Projected Annexation Date = City's Share Total Useful Life 13.02 If public improvements are required in the Orderly Annexation Area that remain in the Town and are necessitated by the growth occurring in an area annexed pursuant to this Agreement, the City shall pay the cost of the improvements, except for an amount approximating the cost of maintaining (e.g. patching, sealcoating, and overlays) the street to a Township rural standard under the policy in effect prior to the annexation of Phase One based upon average daily traffic that existed prior to Phase One. This amount will be the Town's responsibility. 13.03 Road maintenance costs for the Orderly Annexation Area remaining in the Town will be shared based upon the City assuming road maintenance cost increases over the base year 1995. The amount of maintenance costs equal to the base year 1995, annually adjusted by the appropriate construction cost index, will continue to be the responsibility of the Town. 35667.01F 05/23/96 SECTION FOURTEEN MODIFICATION 14.01 This Agreement may be modified at any time by written agreement approved by both the City and the Town, provided that the Resolution approving the modification be approved by 4 /5ths vote of both the City and the Town. SECTION FIFTEEN GENERAL PROVISIONS 15.01 The words "shall" or "will" are mandatory. The word "may" is permissive. 15.02 If any provision of this agreement is declared invalid, for any reason, by a court of competent jurisdiction, the validity of the remaining terms and provisions shall not be effected and the agreement shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid. SECTION SIXTEEN TERMINATION 16.01 This Agreement will terminate on January 1, 2020 in all respects, except that any Phase IV properties annexed subsequent to January 1, 2015, shall be entitled to the protection of the provisions of Sections Six and Seven for a period of five (5) years after the year of annexation. CITY OF STILLWATER By: ATTEST: imble, is Mayor Morli eldon, Its Clerk 35667.O1F 05/23/96 TOWN OF STILLWATER Bv: ATTEST: Pat Bantli, Town Clerk -12- !O. 1 96.- 1:31PM-- _--- MCC"BS FRANK ROSS 4 McCombs Frank Roos 15050 23rd 8ve. N. Plymouth, MN. 55447 612/476 -6010 Fax 612/476 -8532 Associates, Inc. Engineers Planners Surveyors Orderly_ Annexation Area EXHIBIT A CITY & TOWNSHIP OF STILLWATER ORDERLY ANNEXATION AGREEMENT ---- J u. r. 10. 19 9 6- 1: 31 P M !,IC('"1S FRANK ROSS 6168...P. 3/6 MPS IE1D ti :1SZ . C McCombs Frank Roos 15050 23rd Rye. N. Plymouth, MN. 5544? 612476 -6010 Rssociates, Inc. Engineers Planners CITY & TOWNSHIP OF STILLWRTER ORDERLY ANNEXATION �49„J un. !O. 1996 1: 31 PM, .._MCc "` {BS FRANK ROSS _ No. 6168F. 4/6 6.612 3V4 Osa 1-14 iSCO 01119 Road #64 (McKr usick 1169 2nS ToEET 260C' 190.9E EXHIBIT C McCombs Frank Roos flssaciates, Inc. 15050 23rd live. N. • P1yeouth. MN. 55447 Engineers c12,a7c -cnln Planners CITY & TOWNSHIP OF STILLWRTER ORDERLY ANNEXATION Jun. 10. 1996 1:32PM— "MCCOmS FRANK ROSS .•r No. 6168"".P. 5/6— 305! 3303 `c� 3;:7 1 ifu 1 NTH #96 (Dellwood Road .,.RAF.. N, '—S ivac0.4.7w. Attl; . ' , nn 2960 s.. 1 0 .,, r. on • " t•:°. • C . Road #64 (McKusick) OM EXHIBIT 4 McCombs Frank Roos 15050 23rd Rye. N. Plymouth, MN. 55447 512/476 -6010 Fax 612/476 -6532 Associates, Inc. Engineers Planners Surveyors CITY & TOIiNSHIP OF STILLNRTER ORDERLY ANNEXATION AGREEMENT DRAFT Country Village Architectural and Site Design Guidelines Goal: Architectural Style: Materials: Building Design: Canopies: Building Orientation: Building Setback: Parking or paved Streets or Driveways: Lot Coverage: Exhibit "E" Create high - quality country village consisting of country store with fuel, country school (daycare) and other village scale professional services. The building shall have a related though not identical village residential character. Gable roofs are preferred. Architectural detailing should be consistent with the style of the structure selected. Brick, stone, painted or natural architectural cedar or red wood siding are to be used as exterior materials or high grade reduced maintenance materials that will achieve the same exterior appearance goals as natural materials may be used. The roofing shall be heavier weight asphalt shingles or cedar shingles or high -grade reduced maintenance materials that will achieve the same exterior appearance goals as the natural materials may be used. No franchise or prototypical commercial building design shall be allowed. The village area shall have a unique rural character related to its surroundings: Pump area canopies shall be of a subdued design consistent with the building design and materials. Any under - canopied lighting shall be recessed and not show the light source from off the service area. The country village will be visually and functionally connected to the immediate neighborhood, be accessible but not visually prominent from County Road 12 and 15. 50' from County Road 12 or 15 20' from public right of way for County Road 12 or 15 (if bermed and landscaped) 60 percent maximum building and hard surface coverage. EXHIBIT E Building Height: Road and Parking Configuration: Landscaping:. Screening: Signage: Utilities: Lighting: 35' to gable peek The preferred configuration is one of curved and angled orientation 40 percent minimum of the land area shall be in permanent maintained landscaping, open spaces and natural wetlands. Areas around building shall be planted with hearty species of deciduous and coniferous stock and should assists in blocking sight lines of parking facilities and highlight attractive architectural features in a landscaped setting. Parking areas that can be viewed from adjacent roads or residential areas shall be screened with a combination of deciduous and coniferous planting and berming. Commercial signs are to be placed on linear walls, composed of the same materials and bearing a similar design theme to the building being identified. Interchangeable tenant identification will be provided but if internally lit must show lit letters only, not letter backgrounds. Preferred building identity signage is by cut out letters of durable materials, mounted on the above mentioned walls, lit with internal backfacing lighting or reflective lighting from ground, wall or tree mounted spots. Spot lights must not provide glare to adjacent roadways or perimeter residential uses. Identity monument type freestanding country village signs without tenant identification consistent with the village design and material may be allowed along County Road 12 and 15 and at the residential roadway entrance. All utilities will be underground and HVAC equipment will be screened from view. Roof mounted units will be screened via roof configuration, wall extensions either vertical or horizontal. All trash . areas shall be completely enclosed and screened from view by a structure of a design compatible in design to village building and perimeter landscape. Site lighting selected to minimize visibility and glare from residential areas. Overall site light levels will be achieved by a blend of streets and parking lights not to exceed 20' in height. Walkway lighting, building lighting, site amenity, sign lighting and vegetation lighting shall be reviewed to make sure it is compatible with the residential quality of the neighborhood. Pedestrian Access: The country village shall be linked to surrounding residential areas, the elementary school and trails along County Road 12 and 15 by sidewalks and pathways. STILLWATER/STILLWATER TOWNSHIP JOINT TASK FORCE RECOMMENDATION REGARDING COMPREHENSIVE PLAN It is the recommendation of the Ad Hoc Committee that the City and Township establish a joint planning committee that would at a minimum include two City Council members and two Town Board members for the purpose of addressing the specific concerns and remaining unresolved issues, and to co- ordinate the implementation of the updated City Comprehensive Plan as it relates to the URPTA Planning Area. EXHIBIT F 4�-tF ,e,c66 JOINT TASK FORCE The Stillwater /Stillwater Township Joint Task Force was formed one year ago to discuss common issues regarding the URTPA area. Through a series of monthly and bi- monthly meetings, the group developed the guidepost document (as attached) which is a common framework for future development of the area regardless of which jurisdiction the area will ultimately be under. The Joint Task Force Members included: Kurt Roetman, Stillwater Don Valsvik, Stillwater Jay Kimble/Terry Zoller, Stillwater Dave Johnson, Stillwater Township Diane O'Bryan/Louise Bergeron, Stillwater Township Karin Reidt, Stillwater Township Jeff Pratt, Stillwater Township Alternates included: Jerry Hicks, Stillwater Township Jack Takemoto, Stillwater Township Jerry Fontaine, Stillwater Other interested individuals included: Hans Hagen, Hagen Homes Marc Putnam, Charles Cudd Co. Rick Packer, Arcon Development Art Palmer The Kroenings At the last meeting of the task force, a statement was endorsed (attached) which supports further coordination to address unresolved issues as it relates to the updated comprehensive plan. RESULTS FROM STILLWATER/STILLWATER TOWNSHIP JOINT TASK FORCE MEETINGS Guideposts for Joint Planning -- The following policies and principles were discussed and considered by the joint task force as planning guideposts for cooperation between the city and township. The guideposts are the result of six- months of meetings and discussion and reflects a consensus of direction, although neither the City of Stillwater nor Stillwater Township have officially endorse the statements. Overall Planning Determine the desired growth rate and phasing of urban services to accommodate planned for growth as needed for the urban-rural transition planning area ( URTPA) for the 25- year.planning period 1995 - 2020. NOTE: The urban -rural transition planning area (URTPA) is the area west of Stillwater currently in Stillwater Township bordered by Dellwood Road (TH 96), on the north, Manning Avenue (CR 15) on the west and Highway 36 on the south. This area represents the ultimate future planning area for the City of Stillwater. Skeleton Framework New development will respect the environmental framework of the plan. This framework includes wetlands, woodlands, windbreaks and sloped areas. Natural drainage systems shall be used in new development areas to promote the recharge of water tables and to reduce the speed and amount of run off. • Views from major public roads of new development in the URTPA shall be screened by existing vegetation and land forms, new landscaping, wetlands and greenways. Major public roads include Dellwood Road, Manning Avenue, McKusick Road, Boutwell Avenue and Highway 36. Any new non - residential development shall be buffered from all adjacent residential uses, connected by trails to residential areas and appear visually subdued in a landscaped setting as viewed from public roads. Design new subdivisions to minimize through traffic and when necessary design neighborhood collector streets with greater setbacks, landscaping and pedestrian and bike trails. Create new neighborhoods in city growth areas that retain elements of Stillwater s small town 1 identity, appearance and character. Develop special design guidelines and performance standards using the planned unit development process to implement visual screening, park, open space and trailway and natural — resource policies. Available Areas for Development There are approximately 500 acres of vacant land in the URTPA to be developed at either township and city densities. Preserve historic resources and unique land forms in growth area to maintain elements of the areas past and provide and identity to new development. Park, Recreation, Open Space Development Develop an overall trail system for the URTPA areas that connects new residential development areas to existing and proposed trials on McKusick Road, Myrtle Street and County Road 5 and connects all residential areas in the URTPA from Dellwood Road to 62nd Street. New residential development areas should include desirable design elements from existing city neighborhoods including a mix of housing types, landscaped streets, accessible neighborhood parks and open space areas and a unique neighborhood images. Require new development to provide 10 percent of the development residential land area or its equivalent for neighborhood (7 percent) and community parks (3 percent). City/Township Land Use Try to locate within the planning area an elementary school site, 10 acres, and community park, 25 acres. (Good planning in either case.) Require a detailed environmental assessment of physical site conditions including plant and animal communities, topography, soil, drainage and wetlands before land development planning begins. Density Use new development concepts, where appropriate, such as mixed use development and cluster housing, to provide life cycle housing opportunities, minimize the need for and use of the - automobile and maintain open space. Use ghost platting and cluster development to allow some initial growth with the opportunity for urban density development in the future when desired.and planned. Establish lot size and other development standards for the URTPA areas in the township that accommodate future urban development according to the Stillwater comprehensive plan. If new residential development areas . are developed at city densities, design elements from existing city neighborhoods including a mix of housing types landscaped streets, accessible neighborhood parks and open space areas and unique neighborhood images. Coordination and Implementation Structure Establish Joint Planning Board to coordinate planning between the City of Stillwater and Stillwater Township so both city and township plans for the URTPA are consistent. Use orderly annexation agreements , joint power agreements and municipal urban service area extension agreements to coordinate and implement comprehensive plan growth phasing policy. Elements of these agreements may include: - - Defining a rural taxing district so existing residents will be protected from unreasonable taxes. - No adverse economic affects to existing township residents by MUSA extension into the URTPA for urban development. Establish 5 -year planning periods for overall growth phasing. Any implementation of Comp Plan for the URTPA shall have input from the township and city. Key Planning Concepts for URTPA The following key planning concepts provide direction for the preparation of the comprehensive plan. The concepts will be a part of the comprehensive plan for the city and township and shall be used to guide special area planning. Greenways /Open Space Definition Greenways shall be established along Manning Ave, Dellwood Blvd, Myrtle Street, McKusick Road and Boutwell Drive. The greenways shall be 100 - 200 feet in width depending on the location and site conditions. The purpose of the greenway is primarily to preserve the natural semi -rural character of the transition area by screening new development from major public - roads. The greenway shall appear informal and natural using native indigenous plant material adapted to existing topographic conditions. Enhancement of existing topographic or vegetative 3 conditions is encouraged to the extent the enhancement appears natural. Wetland mitigation sites may be used as part of the-greenway. Pathways may be located along side or in the greenway but not appear as a primary design element of the greenway. The green way will provide a landscape separation between newly developing residential areas and high volume traffic corridors. Trailways, Parks and Open Space Areas Trailways, neighborhood and community park and open space areas will be provided throughout the URTPA. The extensive Brown's Creek Wetland systems shall provide the framework for park and open space resources preservation in the north portion of the transition area. Long Lake and existing woodlands and windbreaks shall be used in the southern portion of the site for trail locations. An overall system of trails connecting new neighborhoods from Dellwood Blvd to 62nd Streets shall be planned along wetlands, new natural drainage ways and wooded areas. Within neighborhoods pathways shall conveniently connect residents to neighborhood park and open space areas separated from auto traffic. Any active community park, convenience commercial use or school site shall be clearly connected to surrounding residential areas by walkways and bike path, utilize and preserve natural areas for trail locations. Development Pattern and Density The overall character of the transition areas shall be single family with selected locations of compact clustered attached housing. The existing semi -rural character of the areas north of McKusick Road (Random Creek) and south of Boutwell (Spring Creek) shall remain with some in fill at rural densities. Newly developed areas shall be large lot (1 to 1.5 dwelling units per acres DU /Acre), small lot (2 to 3 DU /Acre) or higher density attached housing at 4 - 6 DU /Acre. Large. lot single family area are located in areas of sensitive sites. Because of topography wetlands, lakes or timberland conditions the amount of site disruption is limited. These areas tend to be located on steeply sloped or wooded shorelands or adjacent to sensitive wetlands or open space areas. A cluster development concept could work inthis area to minimize the impact on the land. Small lot single family areas tend to be in areas that are less environmentally sensitive. These sites can be interior to the large lot area or setback form open space areas. These sites are the flatter corn or hay fields of the URTPA. The development density of the small lot area is typical of the existing city. Attached or compact housing_areas are located in pockets separated visually and physically from single family areas. These locations have good direct access to major roads and are more closely tied to existing urbanized areas. Sites for compact housing area located on County Road 5, 62nd near 15. Myrtle Street south and west of Long Lake, possibly McKusick Road (west of 4 mitigation site) and pockets south of Dellwood Blvd. Convenience Commercial Locations. The purpose of this use is to provide services and products for the surrounding residential areas to reduce auto use. The sites should be clearly connected by pathways to adjacent residential areas, be of a residential scale and style compatible with the adjacent residential areas. Office park or research and development areas. These locations provide a job base for the surrounding residential areas and tax base for the community. These sites should have convenient access to major roads, be visually and physically separated from residential areas, be attractively designed and landscaped to fit into the site conditions. The plan will respect current uses as they relate to assessment policy and any required land use changes. 5 STILLWATER OPEN SPACE REPORT by Kathryn Malody, Botanical Consultant August, 1995 EXHIBIT G EXECUTIVE SUMMARY Stillwater Open Space Report Survey of Plant Communities Stillwater, Minnesota October 1995 The Stillwater Area Citizens Open Space Committee selected and evaluated fifteen open space properties within the city of Stillwater and Stillwater township for the purpose of identifying unique plant communities that may warrant future protection and preservation. Site visits were completed in July and August 1995 by an independent professional consultant working under the direction of the committee. The results of the evaluation are detailed in the Stillwater Open Space Report. Properties were ranked into four categories as 1) high priority, 2) moderate priority, 3) low priority and 4) eliminate, depending on the unique or rare nature of the natural plant communities. The results of the survey found three properties that ranked as high priority to include the old stone bridge, the Department of Transportation property (north of the old prison), and the Jaycee ball field. Three properties were ranked as moderate priority to include Long Lake west, Browns Creek west and the McKusick Road site. The Stillwater Open Space Report was submitted to the Minnesota Department of Natural Resources to be included in the Minnesota County Biological Survey. STILLWATER OPEN SPACE REPORT by Kathryn Malody, Botanical Consultant August, 1995 Field work was completed between the dates of 20 July, 1995 and 10 August, 1995. The sites were surveyed for plant community type and condition. The sites were then ranked according to quality, potential and natural history importance. Thirteen sites were surveyed on foot and two were assessed as " driveby" (Table 1.) The sites surveyed can be divided into four prioritized categories, high priority sites (rank A and /or B), large moderate priority sites (rank B /C), low priority sites (rank C/D), eliminated (F and NA). The high priority sites and the large, moderate priority sites will be discussed at length. Transcriptions of the site surveys are located in the appendix. Table 1. Survey summary and log. Site Site Name A . Long Lake West B Co.Rd.12 W C Co.Rd.12E D McKusick Rd E Browns Creek West Date 7/26,8/10 Eliminate Eliminate 7/20,8/10 8/10/95 F Hwy 96 Driveby 8/7 G Old Stone Bridge 7/20/95 H Brick Pond I Holcomb Add't J Our Savior's Luth. Ch. K Dwtn Ravines and Eliminate Site Description Emergent marsh edge, Hardwood swamp, Mixed Oak Rank S itc -B /C NA NA Old field, Maple/basswood, Sedge meadow, Shrub Site -C/D/F swamp Sedge meadow, Shrub swamp, Hardwood swamp Site -B /C NA Site -B Emergent marsh Site -D Site -F marsh, Aspen/birch Site -C/D NA Bluff prairie Site -B Hardwood swamp, Maple/basswood Site -D (didn't see much) Maple/basswood 7/26/95 Hardwood swamp, Sedge meadow, 7/20/95 Maple/ basswood 7/26/95 Old fields, Emergent L Dept. of Transportation M North Hill Ravine, Dist. 834 N Admundson Prop. 8/7/95 7/26/95 7/26/95 O Jaycee Ball Fields 7/24/95 P Cooper's Add't Driveby 8/7 Q Stillwater Country 8/7/95 Club R Abuts Country Club Old field, Emergent marsh, Pine plantation Site -D Emergent marsh, Bluff prairie, Decodon Site -B verticillatus EOR-A (wetland) _NA Old field Site -D 8/7/95 Old field Site -F 1 High Priority Sites SITE G: THE OLD STONE BRIDGE (Figure 1). This site represents a small jewel that should provide an amazing annual display of springtime wildflowers. The site has an old stone bridge which is currently Iisted on the Historical Registry. The site is characterized by steep slopes (-75%) that lead down to the narrow creek bottom. The north and south facing slopes support a Maple/Basswood (east central section) plant community. This site is High priority because of the Stone Bridge, the healthy plant diversity, and the proximity to properties of equally high quality downstream along Brown's Creek. In 1987, the Minnesota Natural Heritage program recommended that the entire stretch of Brown's Creek east of the stone bridge be preserved as a natural area and actively managed. It was noted that this ravine is a native trout fishery (Almendinger, 1987). There is a distressing amount of buckthorn on this site. If buckthorn is allowed to continue to take over, the typical tree species of the Maple/ Basswood plant community will not be able to regenerate. The diversity of springtime wildflowers will be eliminated. Management concerns for this site include a concerted effort to control the encroachment of buckthorn. This can be accomplished by carefully applying a potent herbicide (i.e. Roundup) to the leaves or the cut stem/stump. Another concern is the foot traffic which, uncontrolled, is causing erosion problems around the bridge and on the slope. A possible solution is to construct a stairway down to a railed viewing platform on the southeast side of the bridge and a similar sort of arrangement on the north slope in place of the trail access northwest of the bridge. Trees should be cleared from the top of the bridge and a boardwalk/pathway constructed to preserve the integrity of the structure. All foot traffic should be restricted to these managed areas. SITE L: TERRITORIAL PRISON (Figure 2). This site is a small representative of a dry bedrock bluff prairie. Bedrock bluff prairies once had a distribution primarily on south- and west- facing slopes of the Mississippi River valley of Ramsey county as well as some occurrences in the St. Croix river valley of Washington county (Minnesota's St. Croix River Valley and Anoka Sandplain: a Guide to Native Habitats, 1995). These prairies are now relatively rare and are threatened by urban development and encroachment of woody vegetation. The Territorial Prison site is a south- facing, approx. 100% slope of sandstone bluff. The plant community is dominated by side -oats grama. There is also a good diversity of flowering plants such as lead plant, gray goldenrod, harebell, purple prairie clover, and thimbleweed. The sheer sandstone faces support cliff brake and columbine. This is prime habitat for kitten tails (Bessya bullei), a state endangered plant, though none was found at this time. This site is chosen as a High priority site due to its rarity and high quality, despite its small size. The main management concern is limiting foot traffic which, due to the slope, is not only hazardous for the plant community but also hazardous for the trespasser. There is some buckthorn present (see previous management approach), gray dogwood and wild plum shrubs that will need to be controlled. Residences at the top of the bluff have allowed yard wastes to slip down the bluff slope and there are some escaped cultivars (i.e. bearded iris). 2 Figure 1. Map of Site G, "The Old Stone Bridge ". v' Figure 2. Map of Site L, "Territorial Prison ". 3 V 0 - D 0 m. 0 0f Figure 3. Map of Site D. "Jaycee Ball Fields ". Vv1'1 9� 0 0,. y2 �9 - ' `\ 00 \ 11SJiu S.. of C..1 9029 -3100 (3) PRo PosuP �-- 9029'= 2950 I(£!7-Z'S AI1hr'01.1 .4 McKUS /CK 'w0 1 r LAKE • • LE.' • Emergent Marsh INO. SCHOOL DISTRICT 9029 -2100 ('I) 834 PRiPERTY Fq Clone Aspen P e J Prairie Regeneration ,1 L 9029 -2120' • v • `,1 ti .. C C WES7 43;44' RANG Cr STILL4iATER• PROPERTY • Center'.of Sec- 29 ,.....m .... • 4 Oo t 41, , • 1 39 .1 r- • S •.. Ni I 40,E : , - - cc- L-OOKOEI-T -- • SITE 0: JAYCEE BALL FIELDS (Figure 3). This site is dominated by an emergent marsh surrounded by mixed oak forest (including an aspen clone on the northeast edge) and a dry prairie on the southeastern side. There is a healthy population of water willow (Decodon verticillatus) in the Jaycee's Ball field pond as well as in the adjacent bay of McKusick Lake (visible from the old trolley track). This site is chosen as a High priority site due to its diversity of good quality habitats which make it ideal for maintaining a diversity of wildlife. It is also considered High priority due to the presence of water willow ( Decodon verticillatus), listed as a "species of special concern" in the state of Minnesota. Water willow (Decodon verticillatus) is the sole member of its genus. It is not a willow but belongs to the loosestrife family. Unlike its more infamous, European cousin (purple loosestrife), it is found only in eastern North America. It is common in bogs south of the "tension zone ", but is rare in Minnesota, Michigan and Wisconsin (Andreas and Bryan, 1990). A "tension zone" is defined as a boundary between floristic provinces. The Twin Cities resides in the middle of the tension zone that runs diagonally through Minnesota to the northwest corner of the state, following the border of the prairie and the hardwoods. Figure 4. Water Willow (Decodon verticillatus). 5 Water willow (Decodon verricillarus) is a perennial with somewhat woody, recurving, four to six angled, stems (Figure 4). The magenta flowers are found in dense clusters in the upper axils of the leaves. The fruit is a dry capsule. The lance - shaped leaves arc in whorls of three (sometimes 2 or 4). The whorls tend to concentrate on the upper side of the stem. Water willow has a stolonifcrous growth habit with subsequent adventitious root formation which consequently forms a dense root -stem matrix approximately 30 cm in thickness. This typically forms a floating mat that extends into open water. The D.N.R. Natural Heritage Program has been conducting a Minnesota County Biological Survey since 1987. The data base being compiled contains the most complete record of the occurrences of natural communities and plants of special concern in the state. The data base contains eleven water willow sites (Table 2). Due to the results of this study two other sites will be added to the data base ( *). Table 2. The occurrence of water willow (Decodon verticillatus) in Minnesota. Site NW Pine County Twin Lakes, SE Isanti Co. N Hennipcn County NW Hennipen County NW Washington County Cedar Creek NHA, N Anoka Co. Boot Lake SNA, NE Anoka Co. Coon Lake, Mid. E Anoka Co. Rondo Lake, SE Anoka Co. Carison's Mussa, N Ramsey Co. Wilkinson Lake, N Ramsey Co. Jaycee's Ball Field Pond, E Wash. Co. McKusick Lake, E Washington Co. Data source (date) U. of MN Herbarium DNR Nat. Her. Prog. (1990) U. of MN Herbarium DNR Nat. Her. Prog. (1990) U. of MN Herbarium U. of MN Herbarium (1986) U. of MN Herbarium (1989) U. of MN Herbarium (1989) DNR Nat. Her. Prog. (1990) DNR Nat. Her. Prog. (1990) Kathryn Malody (1992) Kathryn Malody (1995)* Kathryn Malody (1995)* Management suggestions for the Jaycee's Ball Field site include the careful monitoring of water quality and levels in the pond and adjacent McKusick Lake. The patch of prairie could benefit from a schedule of controlled burns to stem the encroachment of sumac and increase the vigor of the native prairie plant species. This might be an ideal site to setup a small nature center to educate people about wetlands, prairies, and woodlands of Minnesota and the wildlife that utilize these ecosystems. Large Moderate Priority Sites SITE A: LONG LAKE WEST (Figure 5). The western shore of Long Lake has four plant community types. Starting at the lake shore and traversing westward and upland, there arc narrow bands of cattail emergent marsh and hardwood swamp, mature oak woods with pot -hole ponds, and degenerated oak savanna. The diversity of habitats and the presence of dead wood and snags are important for maintaining a diversity of wildlife (i.e. water fowl, foxes, deer). The mixed oak woods of the mideastem portion (Staloch property) canopy is composed of pin oak , white oak, red maple and an occasional pin cherry. There is good oak regeneration. The under story has occasional elder berry, buckthorn, gray dogwood and hazelnut. The north- and east- facing 6 Figure 5. Map of Site A, "Long Lake West ". •. • • ..••� ,2.3• , • • • •• • • • A. • • • • ►. . Pi1 2P- • • • • • ;� u a • • • • •... j ga I. 0 at cn . • Mixed Oak', •. .0 /�1 �• • ••• • . �,�( • • • • • • • eel, Viler '• •• • • • • • '• • • • 7 slopes are covered with various ferns, such as interrupted fern and lady fern. Flowering plants include jack -in- the - pulpit, starflower, and Canada mayflower. The peninsula on the northeastern shore (Jackson Estates) has a drier version of oak woods. There are less ferns present and wild indigo can be found on the point. The point provides an excellent view of the island nestled in the western bay as well as the western shoreline. The canopy of trees along the shore appears to be contiguous with the previously described woods of the Staloch property. Birding opportunities would be great from this point. There are some serious management concerns. The degenerated oak savanna in the midwestem part of the site (Gadient property) has an understory that is comprised of nearly 100% buckthorn (see previous management concerns). There is no evidence of oak regeneration for the past 20 years. The flowering plant diversity is very poor. The agricultural fields in the southern part have been cultivated as close to the slope as possible. There is much evidence of soil erosion throughout the hardwood swamp of that area. This has negatively affected the plant diversity and may also affect water quality. A park -like trail system, that is restricted to foot traffic only, would not only be a pleasant addition to this tract of land but may also assist in reducing the erosion problems of the southern shore (i.e. retaining walls and plantings). SITE E: BROWNS CREEK, WEST (Figure 6). This section of Brown's creek has its origin in an extensive wetland system north west of Highway 96 and Manning Rd. The site surveyed comprised of the section south east of this intersection. The northwestern third of this site is a nice sedge meadow with very few shrubs. The middle third of this site has a narrower creek bottom with fairly steep slopes down to the creek bottom. The plant community is characterized as a hardwood swamp, seepage subtype. The southern third is a shrub swamp. The north side of the middle third appears to have been cultivated right up to the slope. The private lots on the southern third are also mowed and landscaped up to the slope. Throughout this site there is only minor evidence of exotic plants. There is some buckthorn on the upper slopes. Treatment of wetlands such as this one need to be considered in the scope of a watershed (see comments concerning the Old Stone Bridge site). The treatment of this area will have direct effects on the habitats downstream. Fertilizers from residential lots will flow into the watershed and speed up the eutrophication (greening) of the pond areas. This greening will decrease the available oxygen for fish to survive. Soils of these areas are also highly susceptible to soil erosion. Roads that are planned to span the creek will also constrain its natural flood management abilities. This site is listed as a moderate priority site due to its all around good quality and the presence of a state listed plant downstream (in McKusick Lake) as well as high priority sites downstream. SITE D: MCKUSICK ROAD (Figure 7). The southern portion of this site is bordered on the south by a creek with a narrow band of shrub swamp. There is a good diversity of flowering plants. The mideast and west portions, including the high knoll are old fields with very poor regeneration to prairie vegetation. Between the old fields is a wooded area dominated by open grown maples with nearly 100% regeneration in all age classes. There is suprising lack of flowering plants in this maple woods. The eastern portion is a nice sedge meadow. The portion north of the railroad tracks has been completely plowed. Poor quality fill with chucks of asphalt was brought in. There 8 Figure 6. Map of Site E, "Browns Creek West ". -- -- zoo 2706 r Ce Z740 z W t Figure 2. Map of Site D, "McKusick Road ". 9 appears to be an aborted attempt at the construction of an abatement pond. The result is a small mud flat with a flock of Canadian geese and no natural vegetation. The high diversity of habitats has a positive influence on animal populations. There arc numerous deer bedding sites and gopher mounds in the old fields. Birds, amphibians and reptiles are also abundant. A large (7 inch shell) female painted turtle was assisted crossing the road at this site. This site is classified as moderate priority due to its diversity of habitats and the obvious benefit to wildlife despite to poor quality of some of the plant communities. REFERENCES Almendinger, John (1987). Minnesota Natural Heritage Program Project Evaluation: Brown's Creek. MN DNR. Andreas, B.K. and G.R. Bryan (1990). The vegetation of three Sphagnum - dominated basin -type bogs in northern Ohio. Ohio J. Sci. 90(3):54-66. Wovcha, D.S., B.C. Delaney, and G.E. Nordquist (1995). Minnesota's St. Croix River Valley and Anoka Sandplain: a Guide to Native Habitats. State of Minnesota Department of Natural Resources. 10 APPENDIX TRANSCRIPTIONS OF SITE SURVEYS A. "Long Lake West ": "Oak Savanna" (Gadient's property) - Canopy of Pin Oak and White Oak with interrupted canopy. Oaks are mature and open grown indicating a savanna -like habitat at one time. The shrub -layer is nearly continuous buckthorn with occasional gray dogwood (C. racemosa) and hazelnut. Occasional paper birch near pot -hole ponds and Quaking Aspen on the western edge. Ground layer contains a few oak seedlings and numerous buck thorn. Lady fern is common with occasional sensitive fern in openings. Other forbs present include Tick trefoil (Desmodium glutinosum), Enchanter's Nightshade (Circae quadrisulcata). Also present are grapes and Virginia creeper and some poison ivy. Old field borders are dominated by brome grass and Kentucky bluegrass. Also present arc spotted knapweed, spotted St. John'swort, goldenrod and birdsfoot trefoil. "SW shore" (Staloch's property)- The lake has extensive Nymphea tuberosa.. There is a narrow margins of cattails. The banks have boxelder on the lower edge and open grown mature /old oaks (burr and pin). There are cultivated fields to the top of the bank. Erosion from the fields is evident. Open areas on the margin have stinging nettles and touch -me -nots. The understory comprises of buckthorn, Ribes cynosbati and elderberry. The pond at the northeastern portion of the property has a raised mound (not floating) of rushes, sedges and arrow -leaf. The pond is surrounded by red maples and white oak. The ground is covered by Canada mayflower and starflower. The north western portion of the property is mixed oak. The canopy consists of pin oak, red maple, boxelder, white oak and occasional black cherry. The north and east facing slopes have extensive fern cover (interrupted, lady, sensitive). The shrub layer consists of elderberry with some buckthorn. "Jackson estates peninsula" - Nice habitat for birding. The canopy consists of oaks (red, white, pin and burr) red maple. The understory has buckthorn and Ribies cynosbati. There is wild indigo at the bench on the peninsula tip. Rank = B /C/D B. NA C. NA D. " McKusick Rd." - The south portion of D. "McKusick Rd" is bordered on the south by a creek with a narrow band of shrub swamp. The shrub swamp is dominated by red osier dogwood and reed canary grass. There are also sedge hummocks (Carex stricta). There is a good diversity of forbs: swamp milkweed, spotted Joe -pye weed, sensitive fern, marsh fern (Thelyptris palustris), Jerusalem artichoke, Stachys palustris and touch- me -nots. The east and west portions, including the high knoll are old fields with poor regeneration. There is a marked lack of native bunch grasses. I saw one bunch of big blue stem among the brome grass and Kentucky blue. The forbs are dominated by goldenrod (Solidago gigantea) with abundant spotted knapweed, wild bergamot and flowering spurge. The ground is covered in areas by creeping charlie and wild strawberries. Between the old fields is a wooded area dominated by open grown maples (Ater saccharum and A. saccharinum). There is nearly 100% regeneration of the maples in all age classes. The shrub -layer also includes some elderberry and gooseberries. Except for an amazing specimen of 11 Solomon's seal and a few hemp, the (orbs are sparse. There are some juniper and buckthorn invading the western old field which threaten the prairie regeneration. Buckthorn seedlings arc also evident in the wooded area. The diversity of habitats has a positive influence on animal populations - there arc numerous active gopher mounds, deer bedding sites and trails, birds, amphibians, reptiles. One large, —7 inch shell, female painted turtle was observed. The north side of the tracks have been completely trashed for dumping old fill and a wetlands "reclamation" project. E. "Brown's Creek West" - The north end of the creek is a nice sedge meadow with emergent vegetation. The middle third is cultivated right up to the northern slope and the southern slope has small private residential lots also up to the slope. The creek bed at this point is narrow and of hardwood swamp circumneural seep subtype. The southern third is shrub swamp. Minor influence of exotics. Heat exhaustion curtailed this visit. Rank =C F. "Hwy 69" - driveby - didn't see much. . G. "OId Stone Bridge" - The north side of the creek is Maple- Basswood with an amazingly rich forb layer: Actea rubra and A. alba (in fruit), Caullophyllum, Trillium, Jack -in -the- pulpit, wild ginger, bloodroot and ferns (shield, lady, fragile). The canopy consists of basswood and boxclder. The shrub -layer contains a distressing amount of buckthorn and some prickly ash, but it has not negatively affected the forb layer yet. Abundant and healthy poison ivy indicates foot - traffic disturbance. This is a beautiful site. Repeat visit for photos. Rank = B H. "Brick pond" - There is a hardwood swamp on the S.E. side of the property. Boxelder dominates the canopy. Shrubs include Japanese honeysuckle, elderberry, gray dogwood and buckthorn. Forbs are sparse. The wetlands along the creek are nearly 100% reed canary grass with some rushes. There is a stand of slender willow invading the S.E. portion. Brick pond is lined with cattails and has sonic duckweed. There are some mature red oak on the upper slopes. There appears to be fair regeneration in the ground layer but heavy deer browse may affect the middle age classes. Deer signs are plentiful and also some possible fox dens. Rank = D I. "Holcomb addition " - Site I is a small ravine remnant. There is no evidence of water flow, though the ground is well saturated. The sparse herb layer consists primarily of Jack -in -the- pulpit, violets, creeping charlie, occasional patches of lily -of- the - valley and daylillies at the western edge. The shrub- layer consists of gooseberries (Ribes cynosbati and R. hirtellum) and elderberry. The canopy of green ash, elm and boxelder is continuous. There is a black locust located in the west central portion. This site has evidence of a high level of disturbance. Dumping is a problem at this site- yard wastes, compost, wheel rims, broken glass, plastic bags... Buckthorn is not a common understory shrub but there is evidence of numerous seedlings with will be a problem in the near future. Rank = F _ 12 J. "Our Savior's Lutheran Church" - There is an aspen clone on the S.W. side of the emergent marsh. The ground cover is dominated by Kentucky bluegrass. There is a healthy population of Hooker's Orchis in fruit. Thcrc are also goldenrod and some red maple seedlings, Indian tobacco, Geum, and Virginia creeper. Shrubs include many honeysuckle, boxelder, dewberries and gray dogwood. The old fields have a carpet of Kentucky bluegrass and in some places brome grass too, with clones of solidago. There are scattered Solomon's seal and clumps of wild plums and massive smooth sumac clones. There is spotted St. John'swort and spotted knapwced. Evidence of animal activity include deer trails, fox scat, and gopher mounds. Rank = C/D K. NA L. "Dept. of Transportation" - The south facing slope of sandstone bluff contains a bluff prairie. This is characterized by big bluestcm, side oats grama, bastard toadflax, gray goldenrod, Amorpha canescence, Panicum sp., thimbleweed, Viola pedatafida, Petalostemum purpureum, and virgin's bower at the western edge. Cliff brake and columbine grow on the sheer sandstone faces. This is a nice bluff prairie. It is a perfect habitat for kittentails, Bessya bullei (a state listed plant), but none were found. Threats to this site include leafy spurge, shrub patches of buckthorn, juniper, and dogwood (Corn us rugosa). Residences at eastern top of the bluff have let some yard wastes slip down the bluff slope and there are some escaped cultivars. Rank = B M. "North Hill Ravine, Dist. 834" - North facing slope of the ravine outlet from Lake McKusick. Creek bed is sandy bottom. Lower slope is hardwood swamp with ashes as the dominant canopy tree. The shrub -layer comprises of gooseberries (Ribes hirtellum), blackberries, buckthorn, and prickly ash. The forb layer has large patches of naturalized daylillies and lily -of -the- valley on the upper slopes. There are also touch -me -nots, hairy willow -herb (Epilobium hirsutum) and some Jack -in -the- pulpit and poison ivy. The openings of the upper slope are dominated by Kentucky bluegrass and smooth sumac. Pia oaks and some sugar maples are on the upper slopes. There is evidence of numerous deer bedding sites and birds. There is evidence of some dumping taking place (tires, broken glass, cement slabs...). Rank = D N. " Admundson Property" - This site is north of the Stoncbridge school. The upland eastern portion has a couple acres of planted red pine (approx. 30 -50 years old) with an occasional spruce. The understory/shrub -layer is predominantly elderberry, with some thimbleberry, gooseberries and occasional saplings of black cherry and boxelder. The forb layer is sparse with occasional poison ivy. Also present arc grapes and Virginia creeper. A shallow pond is located in the center of the site. It is ringed with reed canary grass and has no notable emergent vegetation. The old fields on the west and north end arc dominated by brome grass. Kentucky bluegrass and milkweed (Asclepia syiaca). There is evidence of deer activity in the fields and diverse birds (nuthatches, chickadee, goldfinch, bluebirds) due to the diverse habitats. There are also large holes in the slope east of the pond, possibly fox dens. Rank = D 13 O. " Jaycee Ball Fields" - The emergent marsh dominates the north central and northwestern portion of the site. Cattails provide nearly 100% cover except for open areas of water which are edged with abundant Decodon verticillatus (EOR) and some swamp milkweed. The open water has duckweed and common bladderwort (in flower). Care should. be taken when dealing with the hydrology of this site. The prairie on the knoll east of the emergent march -- includes big bluestem and little bluestem with some Kentucky bluegrass. The forbs include goldenrod (Solidago altissima) and whorled milkwort, bastard toadflax and culver's root. Smooth sumac and dogwood are invading. The green herons are very active. Rank = B (EOR = A) P. " Cooper's Addition" - Driveby: The emergent marsh is dominated by cattails with some duckweed and large leafed dock. The residents have mounted wood duck houses. Are these active? The emergent marsh is surrounded by hardwood swamp of boxelder and quaking aspen. Rank = none Q. "Stillwater Country Club" - Old field regenerating to prairie. The soil is covered by a mat of mosses. There are numerous pussy toes and Hooker's orchis. There is a thick Solidago clone (S. canadensis) and plentiful Queen Ann's lace, with occasional black -eyed Susan, rough - fruited cinquefoil, sheep sorrel and thimbleweed. The dominant grass is Kentucky bluegrass. Rank = D R. "Abuts Country Club" - The fields are cultivated with corn, timothy hay and some cabbage relative. Rank = F 14 In Re: The Orderly Annexation Agreement Between the City and Town of Stillwater Effective August 16, 1996 THE AREA DESIGNATED AS IN NEED OF ORDERLY ANNEXATION Beginning at a point where the centerline of 62nd Street North (formerly the Long Lake Road) intersects the Westerly right -of -way line of C.S.A.H. No. 5 (formerly the Stillwater St. Paul Road); thence South along the Westerly right -of -way line of C.S.A.H. No. 5 to the South line of the Southeast Quarter of Section 31, T30, R20; thence West along the South line of Sections 32 and 31, T30, R20 to the Southwest corner of Section 31, T30, R20; thence North along the West line of Sections 31, 30 and 19, T30, R20 (which line is the centerline of C.S.A.H. 15 also known as Manning Avenue North) to the Northwest corner of Section 19, T30, R20 (a point in the centerline of State Highway 95 also known as Dellwood Road North); thence East along the centerline of State Highway 95 to a point where the West line of Lot 1, Block One, Oak Glen 10th Addition extended to the North intersects the centerline on State Highway 95; thence South along the East line of BIock 1, Oak Glen 10th Addition to the Northeasterly corner of Lot 13, Block 1, Oak Glen 8th Addition; thence west along the North line of Lots 13, 11, and 10, Block One, Oak Glen 8th Addition to the Northwest corner of Lot 10, Block 1, Oak Glen 8th Addition; thence South along the West line of Block One and Block 2, Oak Glen 8th Addition to a point where the line intersects the North line of Lot 6, Block 2, Oak Glen 5th Addition; thence West along the North line of Lots 6, 5, 4, 3, 2, and One, Block 2, Oak Glen 5th Addition, to a point where the line as extended to the West intersects with the West right -of -way line of Neal Avenue North; thence South along the West right -of -way line of Neal Avenue North to a point where the Westerly right -of -way of Neal Avenue North is intersected by a Westerly extension of the North line of Lot 1, Block One, Trolley Trail Acres; thence East along the North lines of Block One, Trolley Trail Acres and Valley High Estates to the Northeast corner of Block One, Valley High Estates; thence South along the Easterly line of Block 1 One, Valley High Estates to a point where the East line is intersected by the Southwest corner of Outlot X, Oak Glen; thence Southeasterly along the Southwesterly lines of Outlot X, Oak Glen and Lot 1, Block 1, Oak Glen 4th Addition to a point where the line is intersected by the West line of Lot 17, Block One, Wild Pine 4th Addition; thence South along the West line of Block One Wild Pines 4th Addition and Oudot A, Wildwood Fifth Addition to the centerline of Boutwell Road North; thence Southeasterly along the centerline of Boutwell Road North the North line of Lot One, Block One, Pine Hill Estates extended Easterly; thence West along the North line and South along the West line of Block One, Pine Hill Estates to the South right -of -way line of C.S.A.H. No. 12; thence West along the South right -of -way line of C.S.A.H. No. 12 to a point in the East half of the East Half of the Northeast Quarter of Section 30, T30, R20, where the South right -of -way line is intersected by the following described line: beginning at the Southwest corner of the East Half of the East Half; thence on an assumed bearing North 89° 03 minutes 06 seconds East along the South line of the East half a distance of 185 feet; thence North 2° 40 minutes East 100 feet; thence North 21° 40 minutes East 90 feet; thence North 49° 40 minutes West to the South right -of -way line of C.S.A.H. No. 12 (which is the point of intersection); thence continuing along the bearing North 49° 40 minutes West a distance of 200 feet; thence North 30° 10 minutes West to the North line of C.S.A.H. No. 12 to a point intersected by the East line of the East 80 feet of the East half of the East Half of the Northeast Quarter of Section 30, T30, R20; thence North along the East line of the West 80 feet a distance of 720 feet; thence West a distance of 80 feet to the West line of the East Half of the East half of the Northeast Quarter; thence North along the East line to a point 1410.25 North of the South line of Northeast corner of Sec. 30, T30, R20; thence West a distance of 70 feet to a point on the east line of Lot 5, Block Two, Boutwell Valley Estates; thence South along the East line of Block Two, Boutwell Valley Estates as extended to the North right -of -way line of C.S.A.H. No. 12; thence West to a point where the North line of C.S.A.H. No. 12 intersects the following described line: beginning at the Southeast corner of the West half of the East half of the Northeast Quarter of Section 2 30, thence West along the South line a distance of 425 feet; thence North 30° 00 minutes East 240 feet; thence North 60° 40 minutes East 175 feet; thence North 43° 40 minutes to the North right -of -way line (which is the point of intersection); thence South and West along the line just described to a point on the South line of the Northeast Quarter that is 425 feet East of the Southeast corner thereof; thence East along the South line of the North Half of Section 30, T30, R20 to the Northwesterly corner of Outlot B, Croixwood 7th Addition; thence Southwesterly along the Westerly line of Outlot B, as extended to a point where this line intersects an Easterly extension of the North line of Cochrane's Long Lake Addition; thence West along the North line of this addition to the centerline of Mid Oaks Avenue North; thence Southwesterly along the centerline of Mid Oaks Avenue North to a point where the centerline intersects a Northerly extension of the West line of Lot 8, Block One, Cochrane's Long Lake Addition; thence South along the West line of Lot 8 to the South line of Section 30, T30, R20; thence West along the South line to the West line of the East half of the North half of Section 31, T30,R20; thence South along the West line to the South line of the North half of Section 31; thence East along the South line of the North Half (this line also being the North line of Long Lake Estates, and Long Lake Estates Second Addition) to the Westerly right -of -way line of C.S.A.H. No. 5; thence Southwesterly along the Westerly line of C.S.A.H. No. 5 to a point intersected by a line described as follows: beginning 130.90 feet South of the Northeast corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4); thence North 82° 58 minutes West 1337.70 feet to a point 33 feet North of the Northwest corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of Section 31; thence Northwesterly along the line just described until this line intersects the North line of the SE 1/4 of the SE 1/4 of Section 31; thence South and parallel to the West line of the Quarter Section to the centerline of 62nd Street North (formerly known as the Long Lake Road); thence Southeasterly along the centerline of this road to the Westerly right -of -way line of C.S.A.H. No. 5, the point of beginning. and 3 That part of the East half of Section 20, T30, R20 lying Easterly of the centerline of C.S.A.H. No. 5 (also known as Stone Bridge Trail North), that lies South of the Northerly right -of -way Iine of the Minnesota Zephyr Railroad right -of -way; and That part of the West Half of Section 21, T30, R20 described as follows: beginning at a point where the centerline of C.S.A.H. No. 5 intersects the North line of Cooper's Addition extended to the West; thence East along the North line of Cooper's Addition to the East line of Minnesota Street extended to the North; thence North along the East line of Owens Street as extended to the North line of the South Half of Section 21; thence East along the North line to a point 361.25 feet West of the East line of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4); thence North along a line extended Northerly from that point to the Northerly right -of -way line of the Minnesota Zephyr Railroad right -of- way; thence West along the North right -of -way line to the West line of Section 21, T30, R20; thence South along the West line to the centerline of C.S.A.H. No. 5; thence Southeasterly along the centerline to the point of beginning. and That part of the Southwest Quarter of the Northeast Quarter (SW 1/4 o NE 1/4) of Section Twenty (20), . in Township Thirty (30) North of Range Twenty (20) West, Washington County, Minnesota, described as follows: Commencing at a point on C.S.A.H. No. 5 centerline where the centerline is intersected by the North right -of -way line of the Minnesota Zephyr Railroad Tracks; thence South along the centerline of C.S.A.H. No. 5 to the intersection with an Easterly extension of the North line of Lot 4, Block One, Oak Glen; thence West along the North line of Block One, Oak GIen to a point 170 feet West of the West right -of -way line of C.S.A.H. No. 5; thence North 28 degrees 31 minutes 20 seconds West to the North right -of -way line of the Minnesota Zephyr Railroad 4 Tracks; thence East along the North right -of -way line to the centerline of C.S.A.H. No. 5 which is the point of beginning. The area designated as "In Need of Orderly Annexation Area" is 1190 acres. 5 In Re: The Orderly Annexation Agreement Between the City and Town of Stillwater Effective August 16, 1996 PHASE I. Beginning at a point where the centerline of 62nd Street North (formerly the Long Lake Road) intersects the Westerly right -of -way line of C.S.A.H. No. 5 (formerly the Stillwater St. Paul Road); thence South along the Westerly right -of -way line of C.S.A.H. No. 5 to the South Iine of the Southeast Quarter of Section 31, T30, R20; thence West along the South Iine of Sections 32 and 31, T30, R20 to the Southwest corner of Section 31, T30, R20; thence North along the West line of Sections 31 and 30 (which line is the centerline of C.S.A.H. 15` also known as Manning Avenue North) the North right -of- way line of C.S.A.H. No. 12 (also known as 75th Street North), then East along the North right -of -way line to a point where the North line of C.S.A.H. No. 12 intersects the following described line: beginning at the Southeast corner of the West half of the East half of the Northeast Quarter of Section 30, thence West along the South line a distance of 425 feet; thence North 30° 00 minutes East 240 feet; thence North 60° 40 minutes East 175 feet; thence North 43° 40 minutes to the North right -of -way line (which is the point of intersection); thence South and West along the line just described to a point on the South line of the Northeast Quarter that is 425 feet East of the Southeast corner thereof; thence East along the South line of the North Half of Section 30, T30, R20 to the Northwesterly corner of Outlot B, Croixwood 7th Addition; thence Southwesterly along the Westerly line of Outlot B, as extended to a point where this line intersects an Easterly extension of the North line of Cochrane's Long Lake Addition; thence West along the North line of this addition to the centerline of Mid Oaks Avenue North; thence Southwesterly along the centerline of Mid Oaks Avenue North to a point where the centerline intersects a Northerly extension of the West line of Lot 8, Block One, Cochrane's Long Lake Addition; thence South along the West line of Lot 8 to the South line of Section 30, T30, R20; thence West along the South line to the West line of the East half of the North half of Section 31, T30,R20; thence South along the West line 1 to the South line of the North half of Section 31; thence East along the South line of the North Half (this line also being the North line of Long Lake Estates, and Long Lake Estates Second Addition) to the Westerly right -of -way line of C.SA.H. No. 5; thence Southwesterly along the Westerly line of C.S.A.H. No. 5 to a point intersected by a line described as follows: beginning 130.90 feet South of the Northeast corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4); thence North 82° 58 minutes West 1337.70 feet to a point 33 feet North of the Northwest corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of Section 31; thence Northwesterly along the line just described until this line intersects the North line of the Se 1/4 of the SE 1/4 of Section 31; thence South and parallel to the West line of the Quarter Section to the centerline of 62nd Street North (formerly known as the Long Lake Road); thence Southeasterly along the centerline of this road to the Westerly right -of -way line of C.S.A.H. No. 5, the point of beginning; and That part of the East half of Section 20, T30, R20 lying Easterly of the centerline of C.S.A.H. No. 5 (also known as Stone Bridge Trail North), and South of the Northerly right -of -way line of the Minnesota Transportation Museum Railroad Tracks; and That part of the West Half of Section 21, T30, R20 described as follows: beginning at a point where the centerline of C.S.A.H. No. 5 intersects the North line of Cooper's Addition extended to the West; thence East along the North line of Cooper's Addition to the East line of Minnesota Street extended to the North; thence North along the East line of Owens Street as extended to the North line of the South Half of Section 21; thence East along the North line to a point 361.25 feet West of the East line of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4); thence North along a line extended Northerly from that point to the Northerly right -of -way line of the Minnesota Zephyr Railroad right -of- way; thence West along the North right -of -way line to the West line of Section 21, T30, R20; thence 2 South along the West line to the centerline of C.S.A.H. No. 5; thence Southeasterly along the centerline to the point of beginning. Except for the following described property: a. The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31 -030 -20 -32 -0001 and 31 -030 -20 -34 -0001 Owners: Alvin and Helen Bergman Described as: The Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) of Section 31, T30, R20 and the West half of the Southwest Quarter (W 1/2 of SW 1/4) of Section 31, T30, R20 West. b. 1223 - 62nd Street North Parcel Number 31 -030 -20-34 -0002 Owner: Paul Bergman Described as: The East Two hundred seventy (270) feet of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) and the West three hundred Thirty (330) feet of the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) lying North of a line parallel to and Seven Hundred (700) feet North of the South line of Section Thirty-one (31), Township Thirty (30) North, Range Twenty (20) West, Stillwater Township, Washington County. c. 7143 Manning Avenue Parcel Number 30- 030 -20 -33 -0001 Owners: Robert M. and Ann S. Jordan Described as: All that part of the Southwest Quarter of the Southwest Quarter, Section 30, Township 30 North, Range 20 West of the 4th Principal Meridian, described as follows: Commencing at the southwest corner of said Section 30; thence North 00 degrees 46 minutes 51 seconds West, grid bearing, Minnesota State Coordinate system, Southern zone, (recorded as N 00 °37 00" E) along the west line of said Southwest Quarter of the Southwest Quarter, a distance of 390.00 feet; thence South 89 degrees 31 minutes 26 seconds East, (recorded as S 88 °07'32" E) a distance of 60.00 feet; thence North 18 degrees 02 minutes 04 seconds East, (recorded as N 19 °25'28" E) a distance of 160.00 feet to the point of beginning of the parcel to be described; thence North 73 degrees 41 minutes 36 seconds West, (recorded as N 72°17'42" W) a distance of 210.30 feet; thence North 59 degrees 16 minutes 08 seconds West, (recorded as N 57 °52'10" W) a distance of 277.77 feet to the west line of said Section 30; thence North 00 degrees 46 minutes 54 seconds West, along said west line, a distance of 310.43 feet; thence North 89 degrees 13 minutes 06 seconds East, a distance of 550.88 feet; thence South 11 degrees 32 minutes 29 seconds West, a distance of 529.72 feet to the point of beginning. 3 d. 7135 Manning Avenue Parcel Number 30- 030 -20 -33 -0002 Owners: Ralph E. and Kimberly A. Stowell Described as: A tract of land in the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section Thirty (30), in Township Thirty (30) North, of Range Twenty (20) West, in Washington County, Minnesota, said tract of land being described as follows: Starting at the Southwest Corner of Section Thirty (30 and proceeding north along the westerly line of Section Thirty (30) whose bearing is N 00 degrees 37 minutes 00 seconds East, a distance of Three Hundred Ninety (390.00) feet to the point of beginning; thence S. 88 degrees 07 minutes 32 seconds East, a distance of Three Hundred Eighty -five (385.00) feet, thence N. 01 degrees 52 minutes 38 seconds East a distance of Sixty (60.00) feet, thence N. 01 degrees 52 minutes 28 seconds East a distance of One hundred Sixty (160.00) feet, thence N. 72 degrees 17 minutes 42 seconds W a distance of Two Hundred Ten and Thirty Hundredths (210.30) feet, thence N. 57 degrees 52 minutes 10 seconds W a distance of Two Hundred Seventy-seven and Seventy-seven Hundredths (277.77) feet to a point on the westerly line of Section Thirty (30), thence S. 00 degrees 37 minutes 00 seconds W along the westerly line of Section Thirty (30) a distance of Four Hundred Ten (410.00) feet to the point of beginning. e. 6731 Manning Avenue Parcel Number 31 -030 -20 -23 -0001 Owner: Rosalie Gadient Described as: The Southwest Quarter of Northwest Quarter (SW 1/4 of NW 1/4) of Section 31, T30, R20. The area in Phase I is 611.74 acres. 4