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HomeMy WebLinkAbout2004-08-02 HPC PacketZoning 1111111111111111111111111111111111111111111111111 .terl: r ..ham •,1 THE BIRTHPLACE OF MINNESOTA City of Stillwater Heritage Preservation Commission Monday, August 2, 2004 7 00 p m City Council Chambers City Hall 216 North Fourth Street AGENDA Approval of July 7 2004 minutes 1 Case No DR/04-45 Design review of a hot dog vending cart located at 204 North Main Street Toad RomocKy and Bey Krieger, applicants 2 Case No DR/04-46 Design review of extenor signage for River Valley Dental Care located at 1395 Curve Crest Blvd Other items a Fire pit for Dick Johnson - FYI b Minnesota Historical Society Letter regarding Burlington Northern & Santa Fe Railway Company rail line abandonment in Stillwater c City Council meeting minutes from May 4 2004 regarding Downtown banners d In -fill buildings — Rob Gag e Neighborhood Redevelopment — Ed McMahon — Gary Kriesel and Rob Gag 7 30 pm Downtown beautification workshop CITY HALL 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE 651-430-8800 City of Stillwater Hentage Preservation Commission July 7, 2004 Present Howard Lieberman, Chairperson, Phil Eastwood, Jeff Johnson and Roger Tomten Others Planner Sue Fitzgerald Absent Diane Hark, Patte Kraske and Brent Peterson Approval of minutes Mr Lieberman, seconded by Mr Eastwood, moved approval of the minutes of June 7, 2004, motion passed unanimously Ms Fitzgerald said the applicants in Case No DR/04-34, which was reviewed at the June meeting, had agreed to spell "shop" in the conventional way, rather than "shoppe" as onginally presented Case No DR/04-36 Design review of an extenor sign for Senn & Youngdahl at 109 E Myrtle St Darren Senn, applicant The applicant was not present The sign is in place Mr Johnson noted the colors are muted and moved approval as submitted and conditioned Mr Tomten suggested indicating for the record that the sign is 45" x 45", the same size as the previous sign at that location Mr Johnson agreed to add that language to the motion Mr Eastwood seconded the motion, motion passed unanimously Case No DR/04-37 Design review of an extenor sign for The Supreme Bean Express Cafe at 402 N Main St Jenn and Bob Safe, applicants Ms Safe was present A color sketch of the proposed sign was provided The sign will be placed on an existing sign band and will not be lit Mr Johnson questioned whether the new sign was within the allowable square footage Ms Safe said initially, the sign was above the allowable size, it has been redone and made smaller Mr Tomten moved approval as conditioned, with the additional condition that the new sign match the size of the existing sign Mr Eastwood seconded the motion, motion passed unanimously Case No DR/04-38 Design review of a new line shed for outside storage for UBC at 1650 Washington Ave Karl Dumvent, representing the applicant Mr Dumvent was present He said the shed would be placed on an existing pad on the north side of the site In addition to protecting matenals, he suggested the shed would improve the view of residents of the adjacent apartment building Mr Johnson asked if UBC had received any input from the apartment owner/residents Mr Dumvent said none had been received 1 • City of Stillwater Hentage Preservation Commission July 7, 2004 Mr Eastwood moved approval as conditioned Mr Johnson seconded the motion, motion passed unanimously Case No DR/04-39 Design review of signage for Luna Rosa at 402 S Main St Raffacie Virgillo, applicant The applicant was not present Ms Fitzgerald provided a graphic of the proposed sign, which includes two red moons, with black lettering on a white background The sign will be placed over the front entry and lighted with two existing gooseneck fixtures Mr Johnson suggested the white background is too severe and should be changed to a parchment or beige color Mr Johnson moved approval as conditioned, allowing the use of the two existing gooseneck fixtures, with the additional condition that the applicant work with staff regarding the background color Mr Eastwood seconded the motion, motion passed unanimously The applicant arnved later in the meeting He stated the background will not be pure white and said he would have his sign artist contact Ms Fitzgerald regarding the issue Case No DR/04-40 Design review of an extenor sign for Routson Auto at 1180 Frontage Road Dan Routson, applicant The applicant was not present Ms Fitzgerald noted the sign is to be placed on an existing sign face, there is no change in dimensions Ms Fitzgerald suggested the Commission might want to ask the applicant to reduce the level of lighting Mr Johnson moved approval as submitted and conditioned, with the additional condition that the illumination intensity be reduced, with the applicant to work with Ms Fitzgerald on the issue Mr Tomten seconded the motion, motion passed unanimously Case No DR/04-41 Design review of sales banner and design revisions for Stillwater Mills on Main Melissa Pfannenstein, representing the applicant Dave May and Ms Pfannenstem were present It was noted the project is located at the northwest corner of Main and Mulberry streets, rather than the southwest corner as indicated in the agenda packet Mr Johnson asked how long the sales banner will be in place Mr May said it would likely be in place for a year The sign will be located on pnvate property facing Main Street, he said Mr Johnson moved approval of an 8' x 8' sales sign to be placed on pnvate property, with the additional condition that if the sign is still needed after a year, the applicant will have to request an extension Mr Eastwood seconded the motion, motion passed unammously City of Stillwater Hentage Preservation Commission July 7, 2004 Ms Pfannenstein bnefly reviewed some recent design changes to the project The swimming pool will be an outdoor pool rather than indoor as previously indicated, thus reducing the square footage of the middle of E building The footpnnt of the Sammie's location has been increased to reflect the actual size, with the retaining wall pushed back There has been a reduction in the use of rockcast on the Mulberry Street elevation and the plaza area, bnck will be used in place of the rockcast material Upon questioning, Ms Pfannenstem said the brick will be standard 8x8 bnck, not the jumbo bnck Ms Pfannenstein noted the number of units has not changed The developer has closed on the property Demolition is now scheduled for August Regarding the mechanical units and a concern raised about the possible noise levels of the air conditioning units, Ms Pfannenstein said she has asked the dealer to look into the possibility of acoustical pads However, she said that might be a problem as the manufacturer has approved only one type of louver She said models are available for review at DC Sales in Minneapolis, and will be available here when the sales office opens in Stillwater Mr Johnson moved to accept the design changes as presented Mr Eastwood seconded the motion, motion passed unanimously Case No DR/04-42 Design review of extenor building modifications at 212 N Main St Kevin and Jody Nyenhuis, applicant Mr Nyenhuis was present He bnefly reviewed proposed building repairs/modifications He noted there will be two businesses located in the building As requested, a sign for the upstairs business would be placed on the wall, with a projecting sign over the entry He noted there is an existing awning mechanism for possible future use There was some discussion about placing the pnmary sign on the southeast elevation of the building Ms Fitzgerald noted that is not allowable as there is no frontage on that side There also was some discussion about the possible use of a mural It was noted that murals must be of a general nature and cannot include the exact name of the business Mr Johnson suggested that the south column on the front elevation would provide the most visibility for a projecting sign, and noted that projecting signs are limited to six square feet Mr Eastwood asked about item No 6 — booth space for an outdoor street vendor in the applicant's written application matenal Ms Fitzgerald stated that use would require a Special Use Permit Mr Johnson moved approval of the requested new door and window on the north side of the building, with extenor repairs to be done in a stucco finish similar to the existing stucco matenal, approval of two signs, with the applicant to come back with design specifics, including paint 3 City of Stillwater Heritage Preservation Commission July 7, 2004 chips, that there be no additional lighting, and noting for the record that outdoor booth space requires a Special Use Permit Mr Eastwood seconded the motion, motion passed unanimously Case No DR/04-43 Design review of a potential bed and breakfast at 416 S Fourth St Diane Hark, representing the applicants Andrew Sigl, applicant, was present The request is to operate a 5 bedroom B&B All five guestrooms will be located on the second floor, the Sigls (Mr Sigl and his wife, Linda) will occupy the third floor Mr Sigl bnefly spoke of some of the initial improvements they are planning Mr Lieberman noted the property is within 900 feet or a three -block radius from an existing bed and breakfast, which according to the city's current ordinance will require a vanance The variance request was to be heard by the Planning Commission on July 12, he noted Ms Fitzgerald stated the property meets all other requirements for a B&B, including the number of original bedrooms, square footage of the home and property Guest parking can be accommodated on site Ms Fitzgerald said based on the square footage of the structure, the city building official has determined that the structure will not have to be spnnkled Mr Sigl said Ms Hark had informed the applicants that one neighbor has expressed a concern about a potential nuisance from car headlights Mr Sigl said if that is an issue, they would be willing to extend the existing solid wooden fence to eliminate that concem Mr Eastwood spoke of the suitability of the site, located in an area of pnmanly institutional use He also suggested that it is the mission of the HPC to preserve the city's histonc homes by allowing B&Bs Mr Lieberman agreed, stating that if part of the Hentage Preservation Commission's mission is to preserve the finest homes in Stillwater, one wonders if the city's current ordinance best meets the need to preserve old homes He pointed out there has not been a proliferation of B&Bs in marginal homes He said he would be "disappointed" if, because of the 900 feet requirement, the ordinance will preclude the best use of one of the city's forest homes Mr Johnson moved to approve the requested B&B use, citing the uniqueness of the site which makes it well suited to a B&B use, acknowledging that the 900 feet issue is to be reviewed by the Planning Commission, indicating for the record that there is an existing conservancy easement on lot 4 and a portion of lot 5 which precludes any further development of that portion of the site, and with the condition that the applicants return to the Hentage Preservation Commission with details regarding parking, lighting and signage Mr Lieberman seconded the motion, motion passed unanimously City of Stillwater Hentage Preservation Commission July 7, 2004 Mr Eastwood asked Councilman Gary Knesel, who was in attendance, how the Commission should proceed if it wishes to recommend that the existing B&B ordinance be reviewed for possible changes Mr Knesel suggested starting with City Administrator Larry Hansen Case No DR/04-44 Design review of outdoor storage for office/warehouse located at 1775 Industrial Blvd Joe Peltier, applicant The applicant was not present Ms Fitzgerald stated Mr Peltier has re -acquired this parcel and is proposing to fence it As proposed the top half of the fence would be green, with the lower half a tan color Mr Johnson suggested it would be more appropriate to reverse the colors so as to match the adjacent fence and building Mr Johnson moved approval with the five conditions of approval, with the additional condition that the lower half of the fence be green and the top half tan to match the adjacent building and fence Mr Eastwood seconded the motion, motion passed unanimously Other items It was agreed to meet with the Histonc Distnct Committee of the Greater Stillwater Chamber of Commerce at 6 30 p m pnor to the August meeting to discuss the downtown banner/beautification issues Mr Lieberman, seconded by Mr Eastwood, moved to adjourn at 8 30 p m , motion passed unanimously Respectfully submitted, Sharon Baker Recording Secretary 5 a HERITAGE PR COMMISSION APPLICATIONDESIGN REVIEW FORM CASE NO DRI04-45 Heritage Preservation Date August 2, 2004 Project Location 204 North Main Street Comprehensive Plan District Central Business District Zoning Distnct CBD Applicant's Name Todd Romocky and Bev Krieger Type of Application Design Review Project Descnption Design review of a hot dog vending cart Discussion of a hot dog vending cart that The applicant is requesting design review and approval would be placed within the wrought iron fence on the site of 'L endset er B e ig t' The e cart would be seasonal Hours would be 9 am to 9 pm a blue and white umbrella over it with the name of thebusiness lighting The menu would also be attached to it There will be no additional Recommendation Approval as conditioned Conditions of Approval 1 All revisions to the approved plan shall be reviewed and approved by the Heritage Preservation Commission 2 No additional signage 3 No additional lighting Findings The proposal meets the intent of the Downtown Design Guidelines Attachments: Application Form/Letter from Applicants/Menu/Elevation Photo Case No. rt) 04-4G Date Filed '1! Its Icy. Receipt No.: 1nci1 Fee: $25.00 DESIGN REVIEW APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application Photos, sketches and a letter of intent is required All supporting material (i e photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Fourteen (14) copies of all supporting materials is required All following information is required PROPERTY IDENTIFICATION Address of Project ecIq-v . S-S- Assessor's Parcel No 2$d2 'pl%( Zoning Districtp Description of Project in detail wor "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used" If representative is not property owner, then property owner's signature is required Property Owner CIN)14%<7 Mailing Address 20at- D -vc\PAA,1 City State Zip"z Telephone No 35 X_ -isebb H \mcnamara\sheda\2002\design review permit wpd Representative Mailing Address 73A- owlsD% J Pm City State Zip lam LA , tgn Telephone No (.151 5q? -' f,7tg'Z `� i;! 49,3-Wit'i1 April 12, 2002 City of Stillwater Board Members Thank you for taking the time in looking at our portfolio I am writing today to ask for you to consider us in vending our sausage recipe on the property of Let Their Be Light in the town of Stillwater Here is a little history about us We are based in Lino Lakes I am Bev a school teacher and Todd is a meat cutter and works as a manager of a major retailer of meat and seafood, where he has the added benefit of being Haacp ServSafe food trained Food safety and cleanliness are of the utmost of importance to us For many years Todd has thought of getting together some of lus favorite sausage recipes and dreamed one day of being able to sell his product Well, that day is here and our mobile company is called Romocky Bratz, which features the Wiener Wagon Our concept is to vend our cheddar brat recipe using our mobile vending unit that we call the Wiener Wagon. Our wagon is a self contained custom made unit and is convenient enough to fit almost anywhere We are ready to "wheel' in for most small events and would greatly appreciate the opportunity to be a friendly asset to your community Enclosed is our business card, a picture of our Wiener Wagon along with a menu which provides a sample of the products we serve We are double licensed through the Minnesota Public Health Department and the City of St Paul Thank you for your tune, we are looking forward to meeting you, and discussing any further questions that you may have \iF Oct OVIe S r d' 0141q1,ck V PAlotZ\\ q o1✓\d) v1a'.ASa, M c S 1 Le Gs ss,np(2 cud o e d- ►•N(441*..14 rs ov r 5— o +Ie v sl brOa Vi9 -QrkevkaS Caps Since Wl vt odd Romocky Bev Krieger nu Cheddar bratz CMi Dog5 hot Dog5 Potato Chips beverages 5ocla-Pop or Water 2004 07/28 WED 12 29 FAX 6512214484 PYRAMID SIGN LTD sO. cr F A X 01'430'8810 001/001 Fiveit VitiLEY PENAL Ci,RE kr5 Ci.vtvE Cfter BIND. frieget(W fiteld 6140.0 PRE -146. YAM ' CONFIDENTIALITY NOTICE: 2004* PYRAMID SIGN LTD. The documents.that accompany this fax contain confidential information which is legally privileged. The information is intended only for the use of the named recipient. If you are riot the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance of the • contents of this fax is strictly prohibited, and protected by U.S. Copyright law. -If you have received:de:: fax in error, please notify Pyramid Sign Ltd., @ 651.221.1071 immediately to arrange the.return of the. original documents.. ' PYRAMID SIN LTD. destgn-builders of environmental zdentzty . 432 SOUTH WABASH A STREET, SAINT PAUL, MINNESOTA 55107 www.pyramilision.com 651 651.22 . • 1:4484 FROM JBS Landscaping Inc PHONE NO 6127575402 1.4:% <74, Jul 12 2004 08 3BAM P2 _ MINNESOTA HISTORICAL SOCIETY May 20, 2004 Mr Michael Smith Freeborn & Peters 311 South Wacker Drive, Suite 3000 Chicago, IL 60606-6677 Re Burlington Northern & Santa Fe Railway Company rail line abandonment from M P 11 81 to M P 12 80 in Strillwater T30 R20 S21 & S28, Washington County SHPO Number 2004-1052 Dear Mr Smith Thank you for submitting the Environmental Report and the Historical Report for the above referenced undertaking The Historical Report indicates that more information on future plans for the corridor will be submitted to our office We look forward to reviewing this information We would also note that the City of Stillwater's Heritage Preservation Commission might have an interest in this issue We would recommend that the Surface Transportation Board invite them to participate in the review as a consulting party Contact us at 651-296-5462 with questions or concerns Sincerely, Dennis A Gimmestad Government Programs & Compliance Officer cc Stillwater Hentage Preservation Commission 345 Kellogg Boulevard .est/S unt Paul Muniesuta 55102 1906/lelephone 651 296 6126 SURFACE TRANSPORTATION BOARD Washington, DC 20423 Office of Economics Environmental Analysis and Administration July 9, 2004 Stillwater Hentage Preservation Commission Stillwater City Hall Ms Sue Fitzgerald 216 N 4th Street Stillwater, MN 55082 Re STB Docket No AB-6 (Sub -No 413X), The Burlington Northern and Santa Fe Railway Company —Abandonment Exemption —in Washington County, MN Dear Ms Fitzgerald The Surface Transportation Board's Section of Environmental Analysis (SEA) is conducting an environmental review of the Burlington Northern and Santa Fe Railway Company's (BNSF's) planned abandonment of a 99-mile rail line in Stillwater, MN, pursuant to the National Environmental Policy Act and related environmental regulations, including the National Historic Preservation Act, 16 U S C 470f (NHPA) The line is partially located within the Stillwater Commercial Histonc Distnct, which is listed on the National Register of Histonc Places (National Register) The line is also located within the Stillwater Cultural Landscape Histonc Distnct, which has been determined eligible for listing on the National Register Additionally, the line is adjacent to individually listed National Register properties, including the Stillwater Lift Bndge and the Temtonal/State Pnson Warden's House In consultation with Mr Dennis Gimmestad at the Minnesota Histoncal Society, we have identified the Stillwater Heritage Preservation Commission as a potential consulting party to the Section 106 process of the NHPA and are wnting to invite you to participate as a consulting party in the Section 106 process Pursuant to the Advisory Council on Histonc Preservation's regulations for implementing the Section 106 process at 36 CFR Part 800, consulting parties participate throughout the Section 106 process and work with all involved parties to try to resolve the issues However, the concurrence of consulting parties in the final outcome of the Section 106 process is not required 1 SEA plans to develop a Memorandum of Agreement, pursuant to 36 CFR 800 6, and we would appreciate any information that you have regarding histonc and cultural resources In particular, we invite your comments on possible measures to avoid, minimize, or mitigate any adverse effects on historic properties We request that you contact our office by July 26, 2004, if you would like to participate as a consulting party We look forward to working with you to ensure proper completion of the Section 106 process Enclosed for your review please find copies of 1) BNSF's historical report, 2) a map showing the location of the abandonment, 3) SEA's Environmental Assessment, which provides a description of the abandonment, and 4) a February 27, 2004 letter with Mr Gimmestad's comments If you have additional questions about the Section 106 process or the role of consulting parties in the process, please do not hesitate to contact me or Chnsta Dean of my staff at (202) 565-1606 ‘1/4\___ Sincerely, Victona Rutson Chief Section of Environmental Analysis 1,4c-3—r,,,---- cc Dennis Gimmestad, Minnesota Histoncal Society John Simms, Burlington Northern and Santa Fe Railway Company Sidney Stnckland, Burlington Northern and Santa Fe Railway Company -2- BEFORE THE SURFACE TRANSPORTATION BOARD In the Matter of The Burlington Northern and Santa Fe Railway Company Notice of Exemption to Abandon Its Line of Railroad Between M P 11 81 and M P 12 80 in Stillwater, Minnesota Docket No AB-6 (Sub No 413X) HISTORICAL REPORT The following is submitted to the Surface Transportation Board by The Burlington Northern and Santa Fe Railway Company (BNSF) in accordance with the Board's reporting requirements set forth in 49 C F R § 1105 8 for the purpose of assisting the Board's environmental and histoncal assessment regarding BNSF's Notice of Exemption to abandon its line of railroad between M P 11 81 in to M P 12 80 in Stillwater, Minnesota a total distance of 0 99 miles (1) A U S G S topographic map (or alternate map drawn to scale and sufficiently detailed to show buildings and other structures in the vicimty of the proposed action) showing the location of the proposed action, and the locations and approximate dimensions of the railroad structures that are 50 years old or older and are part of the proposed action, One copy of a U S G S Topographical map has been provided to the Minnesota State Historical Society and one copy is being provided to the Surface Transportation Board's Section of the Environmental Analysis upon filing of this Report (2) A wntten description of the nght-of-way (including approximate widths, to the extent known) and the topography and urban and/or rural charactenstics of the surrounding area 1 The Stillwater, MN Trackage is located within the city of Stillwater in Washington county, Minnesota Stillwater had a 2000 population of 15,143 and is located on the St Croix nver which divides the states of Minnesota and Wisconsin Since the line is located within the City of Stillwater, the line goes through an urban area and is located in close proximity to the St Croix River The rail line comdor vanes in width from 20 to 210 feet (3) Good quality photographs (actual photographic pnnts, not photocopies) or railroad structures on the property that are 50 years old or older and of the immediately surrounding area, There are no bndges or structures that are 50 years or older in the immediate area of the abandonment (4) The date(s) of construction of the structures, and the date(s) and extent of any major alterations, to the extent such information is known, N/A (5) A bnef narrative history of carrier operations in the area, and an explanation of what, if any, changes are contemplated as a result of the proposed action The rail line comdor was acquired by the Stillwater Union Depot and Transfer Company (SUD&T), The Stillwater Street Railway & Transfer Company (SS&T) and the Northern Pacific Railway Company (NP) between 1871 and 1910 Both the SUD&T and the SS&T were predecessors to NP In 1970 the NP merged with other roads to become part of Burlington Northern Railroad (BN) In 1995 BN merged with The Atchison Topeka and Santa Fe Railway to become The Burlington Northern and Santa Fe Railway Company (BNSF) 2 (6) A bnef summary of documents in the camer's possession, such as engineenng drawings, that might be useful in documenting a structure that is to be historic, Documents in BNSF's possession concerning this abandonment may include alignment maps showing the right-of-way and/or station maps Such documents are too large for practical reproduction in this report, but can be furnished upon request, if they are available (7) An opinion (based on readily available information in the railroad's possession) as to whether the site and/or structures meet the cntena for listing on the National Register of Histonc Places (36 C F R § 60 4), and whether there is a likelihood of archaeological resources or any other previously unknown histonc properties in the project area, and the basis for these opinions (including any consultations with the State Historic Preservation Office, local histoncal societies or universities), To the best of BNSF's knowledge, the proposed abandonment should have no appreciable effects on any known sites or properties listed, or eligible for listing in the National Register of Histonc Places The BNSF segment of rail proposed to be abandoned, historically the comdor of the Stillwater and St Paul Railroad, is partially located within the Stillwater Commercial Histonc Distnct, which is listed on the National Register of Histonc Places The line is also located within the Stillwater Cultural Landscape Histonc District, which has been determined eligible for fisting on the National Register of Histonc Places The rail segment is also adjacent to individually listed National Register properties, including the Stillwater Lift Bridge and the Temtonal/State Prison Warden's House Further information as to future plans is required by the State Histonc Preservation Office See Exhibit L, letter from the Minnesota Histoncal Society 3 (8) A descnption (based on readily available information in the railroad's possession) of any known pnor subsurface ground disturbance or fill, environmental conditions (naturally occumng or manmade) that might affect the archaeological recovery of resources (such as swampy conditions or the presence of toxic wastes), and the surrounding terrain BNSF is not aware of any known pnor subsurface ground disturbance or fill or any other environmental conditions (naturally occumng or man-made) that might affect the recovery of archaeological resources Respectfully submitted, Michael Smith Freeborn & Peters 311 S Wacker Dr Suite 3000 Chicago, Illinois 60606-6677 Phone (312) 360-6724 Fax (312) 360-6598 Date May 7, 2004 4 J J 0 1 7, 9 - lj ' STILLWATER, M NNESO rf ,/aer_ 11 '1 91Ck�- =_f I� �q, 1 l I OPyiE , v) -- I - r )r= 4 ��5 f� j �\ ‘‘Y\ Ni‘‘ 'y eigh� s Ae 1- • i rive in heater — Trailer Park 0 8g0 \ NORTH I � l FL o,,, sue, ewage- a!— � Micflael T 34728 SERVICE DATE - JUNE 4, 2004 SEA SURFACE TRANSPORTATION BOARD WASHINGTON, DC 20423 ENVIRONMENTAL ASSESSMENT STB DOCKET NO AB-6 (Sub -No 413X) The Burlington Northern and Santa Fe Railway Company --Abandonment Exemption —In Washington County, MN BACKGROUND In this proceeding, the Burlington Northern and Santa Fe Railway Company (BNSF) filed a notice of exemption under 49 CFR 1152 50 seeking exemption from the requirements of 49 U S C 10903 to abandon and discontinue service over a 99-mile line of railroad, extending from BNSF Milepost 11 81 to BNSF Milepost 12 80 in the City of Stillwater, in Washington County, MN A map depicting the rail line in relationship to the area served is appended to the report If the notice becomes effective, BNSF will be able to salvage track, ties and other railroad appurtenances and dispose of the nght-of-way DESCRIPTION OF THE LINE According to BNSF, the line was acquired by the Stillwater Union Depot and Transfer Company (SUDT), the Stillwater Street Railway & Transfer Company (SST), and the Northern Pacific Railway Company (NP) between 1871 and 1910 The SUDT and the SST were predecessors to NP In 1970, NP merged with other railroads to become part of Burlington Northern Railroad (BN), and in 1995, BN merged with the Atchison Topeka and Santa Fe Railway to become BNSF The line is located within the City of Stillwater, which is an urban area Additionally, the line is in close proximity to the St Croix National Scenic Riverway, which extends from its headwater source near Gorden, WI, and along the Minnesota/Wisconsin border to Taylor's Falls, MN/St Croix Falls, WI' The nverway is one of eight original nvers designated by Congress when the National Wild & Scenic Rivers Program was established in 1968 2 Under the Wild and Scenic Rivers Act, it is the policy of the United States to preserve selected rivers, or sections thereof, in their free -flowing condition to protect the water quality of such avers and to fulfill other national conservation purposes See Wild and Scenic River Act, 16 U S C 1271 ' See Minnesota Department of Natural Resources' website at http //www dnr state mn us/waters/watermgmt_section/wild_scenic/wsnvers/stcroix_upper html 2 Id According to BNSF, the width of the nght-of-way vanes from 20 to 210 feet, and abandonment of the line would allow for the elimination of four public crossings According to BNSF, there has been no traffic on the line for at least two years Upon receiving authonty to abandon the line, BNSF may remove the remaining rail, track matenal, and crossties, however, the roadbed will be left intact ENVIRONMENTAL REVIEW BNSF submitted an environmental report that concludes the quality of the human environment will not be affected significantly as a result of the abandonment or any post - abandonment activities, including salvage and disposition of the right-of-way 3 The applicant served the environmental and histoncal reports on a number of appropnate Federal, state, and local agencies as required by the Surface Transportation Board's environmental rules [49 CFR 1105 7(b)] SEA has reviewed and investigated the record in this proceeding The National Geodetic Survey (NGS) has advised SEA that one geodetic station marker has been identified that may be affected by the proposed abandonment Because traffic has not moved on the subject rail line for at least two years, the proposed abandonment would not be expected to impact the development, use and transportation of energy resources or recyclable commodities, or result in the diversion of rail traffic to truck traffic that could result in impacts to air quality or the local transportation network The U S Army Corps of Engineers, St Paul Distnct, has determined that the proposed abandonment, as outlined by BNSF, would not involve the discharge of dredged or fill matenal in waters of the United States, including wetlands Therefore, a Department of the Army permit under Section 404 of the Clean Water Act (33 U S C 1344) would not be required The Minnesota Department of Natural Resources commented that the abandonment, as proposed by BNSF, would not affect the 100-year floodplain Accordingly, no mitigation measures were suggested The United States Department of Agriculture, Natural Resources Conservation Service, informed SEA that the proposed abandonment would not have any effect on pnme agncultural land Accordingly, the Farmland Protection Policy Act does not apply to this land, and no mitigation measures were suggested 3 Under 49 CFR 1152 20(a)(4), an applicant must publish its notice of intent to abandon and discontinue service in a newspaper of general circulation in each county in which any part of the involved line is located SEA notes that BNSF has not submitted any documentation of the required publication -2- The Minnesota Department of Natural Resources, Natural Hentage and Nongame Research Program (MDNR), reviewed the Minnesota Natural Hentage database to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one -mile radius of the proposed abandonment The MDNR submitted a database printout and stated that there are 30 known occurrences of rare species or natural communities in the subject area However, the MDNR further stated that the proposed project would not affect any known occurrences of rare features, provided the project would not impact the water quality of the St Croix River Accordingly, SEA contacted the St Croix National Scenic Riverway (SCNSR) to determine the effect of the proposed abandonment on the St Croix River The SCNSR requested additional information, including a map of the proposed abandonment and a copy of the MDNR letter On May 26, 2004, SEA sent the requested matenals to the SCNSR and added SCNSR to the service list SEA recommends a consultation condition requiring that BNSF contact Jill Medland at the SCNSR pnor to commencement of any salvage activities BNSF does not believe that the proposed abandonment would affect any wildlife sanctuaries, refuges, or National or State parks or forests The U S Department of the Intenor, Bureau of Land Management's Milwaukee Field Office (BLM) stated that there are no BLM- administered Federal lands along the railroad hne, and the U S Department of Agriculture, Forest Service - Eastern Region (Forest Service), stated that there are no Forest Service -administered lands in the proposed project impact area However, the Forest Service recommended that BNSF contact the U S Department of the Intenor, National Park Service, regarding the possible impacts to the St Croix National Scenic Riverway Accordingly, SEA recommends a consultation condition requinng that BNSF contact the National Park Service pnor to commencement of any salvage activities According to BNSF, there are no known hazardous waste sites or hazardous matenal spill sites on the subject nght-of-way BNSF states that the ROW may be suitable for public use, such as a recreational trail HISTORIC REVIEW BNSF submitted an histonc report as required by the Surface Transportation Board's environmental rules [49 CFR 1105 8(a)] and served the report on the Minnesota Historical Society (the State Histonc Preservation Office or SHPO), pursuant to 49 CFR 1105 8(c) According to the SHPO, the hne proposed for abandonment is partially located within the Sillwater Commercial Distnct, which is listed on the National Register of Histonc Places (National Register) The line is also located within the Stillwater Cultural Landscape Historic District, which has been determined eligible for listing on the National Register Additionally, the line is adjacent to individually listed National Register properties, including the Stillwater Lift Bndge and the Terntonal/State Pnson Warden's House At the time this EA was prepared, the SHPO had not completed its assessment of the proposed abandonment The SHPO has requested additional information from BNSF, including information on future plans for this rail segment -3- Pending completion of the SHPO's review, we recommend a condition to ensure compliance with the Section 106 process of the National Histonc Preservation Act, 16 U S C 470f CONDITIONS SEA recommends that the following four (4) environmental conditions be placed on any decision granting abandonment authonty 1 The National Geodetic Survey (NGS) has identified one (1) geodetic station marker that may be affected by the proposed abandonment Therefore, BNSF shall notify NGS at least 90 days pnor to salvage activities in order to plan for their relocation 2 The Minnesota Department of Natural Resources, Natural Heritage and Nongame Research Program (MDNR), stated that the proposed project would not affect any known occurrences of rare features, provided the project would not impact the water quality of the St Croix River To determine the effect of the proposed abandonment on the St Croix River, SEA recommends a consultation condition requinng that BNSF contact the National Park Service, St Croix National Scenic Riverway (Jill Medland at 715-483-3284), pnor to commencement of any salvage activities on this project, in order to identify the appropnate mitigation measures that may be warranted If it is determined that the abandonment would impact the water quality of the St Croix River, BNSF shall contact MDNR prior to commencement of any salvage activities on this project The railroad shall report the results of these consultations to the Surface Transportation Board's Section of Environmental Analysis 3 The U S Department of Agriculture, Forest Service - Eastern Region recommended that BNSF contact the U S Department of the Intenor, National Park Service, regarding the possible impacts to the St Croix National Scenic Riverway Accordingly, SEA recommends a consultation condition requiring that BNSF contact Nick Chevance at the National Park Service's Midwest Region office prior to commencement of any salvage activities to determine the possible impacts on the St Croix National Scenic Riverway The railroad shall report the results of this consultation to the Surface Transportation Board's Section of Environmental Analysis 4 The Minnesota Histoncal Society (the State Histonc Preservation Office or SHPO) has requested information on future plans for this rail segment Accordingly, BNSF shall retain its interest in and take no steps to alter the historic integrity of all sites and structures on the nght-of- way that are 50 years old or older until completion of the Section 106 process of the National Histonc Preservation Act, 16 U S C 470f CONCLUSIONS Based on the information provided from all sources to date, SEA concludes that, as currently proposed, and if the recommended conditions are imposed, abandonment of the line will -4- not significantly affect the quality of the human environment Therefore, the environmental impact statement process is unnecessary Alternatives to the proposed abandonment would include denial (and therefore no change in operations), discontinuance of service without abandonment, and continued operation by another operator In any of these cases, the existing quality of the human environment and energy consumption should not be affected PUBLIC USE Following abandonment and salvage of the rail line, the nght-of-way may be suitable for other public use A request containing the requisite four-part showing for imposition of a public use condition (49 CFR 1152 28) must be filed with the Board and served on the railroad within the time specified in the Federal Register notice TRAILS USE A request for a notice of intenm trail use (NITU) is due to the Board, with a copy to the railroad, within 10 days of publication of the notice of the petition for exemption in the Federal Register Nevertheless, the Board will accept late -filed requests as long as it retains jurisdiction to do so in a particular case This request must comply with the Board's rules for use of nghts-of- way as trails (49 CFR 1152 29) PUBLIC ASSISTANCE The Board's Office of Public Services (OPS) responds to questions regarding intenm trail use, public use, and other reuse alternatives You may contact OPS directly at (202) 565-1592, or mail inquines to Surface Transportation Board, Office of Public Services, Washington, DC 20423 COMMENTS If you wish to file comments regarding this environmental assessment, send an original and two copies to Surface Transportation Board, Case Control Unit, Washington, DC 20423, to the attention of Chnsta Dean, who prepared this environmental assessment Environmental comments may also be filed electronically on the Board's web site, www stb dot gov, by clicking on the "E-FILING" link Please refer to Docket No AB-6 (Sub No 413X) in all correspondence, including e-filings, addressed to the Board If you have any questions regarding this environmental assessment, please contact Chnsta Dean, the environmental contact for this case, by phone at (202) 565-1606, fax at (202) 565-9000, or e-mail at deanc@stb dot gov -5- Date made available to the public June 4, 2004 Comment due date June 21, 2004 By the Board, Victoria Rutson, Chief, Section of Environmental Analysis Attachment Vernon A Williams Secretary -tea MI\\EsOT1 HIvTORI( 11 SOCIFTI STATE HISTORIC PRESERVATION OFFICE February 27 2004 Mr Bnan Nettles Freebom & Peters LLP 311 South Wacker Drive Suite 3000 Chicago IL 60606-6677 RE Burlington Northem Santa Fe Railway Company Abandonment Stillwater Washington County SHPO Number 2004-1052 Dear Mr Nettles Thank you for the opportunity to review and comment on the above project It has been reviewed pursuant to the responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the Advisory Council on Historic Preservation (36CFR800) The BNSF segment of rail proposed to be abandoned historically the corridor of the Stillwater and St Paul Railroad, is partially located within the Stillwater Commercial Historic District, which is listed on the National Register of Historic Places It is also located within the Stillwater Cultural Landscape Historic District which has been determined eligible for listing on the National Register of Historic Places The rail segment is also adjacent to individually listed National Register properties including the Stillwater Lift Bridge and the Territorial/State Prison Warden s House In order to complete our review of this project we will need to be informed of future plans for this rail segment as part of the abandonment procedure Please contact Dennis Gimmestad at (651) 296-5462 if you have any questions regarding our review of this project Sincerely, 11cc (,t Britta L Bloomberg Deputy State Historic Preservation Officer I ) I\ II _ IS ill II I \\ I roil I wl \liiiii 1 I ) illl? IVII()/ Iri Iduinr (»1 ->VO OI?() CITY OF STILLWATER CITY COUNCIL MEETING NO 04-10 May 4, 2004 REGULAR MEETING 4 30 P M Acting Mayor Junker called the meeting to order at 4 30 p m Mayor Kimble arrived at 4 38 pm Present Councilmembers Knesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Absent None Others Present OTHER BUSINESS City Administrator Hansen Police Chief Dauffenbach Director of Administration Knauss Public Works Director Eckles Acting Fire Chief Glaser Community Development Director Russell Administrative Secretary Moore Possible expenditure by Downtown Parking Commission Community Development Director Russell explained that the Historic District Committee of the Chamber of Commerce would like to work with the City and the Downtown Parking Commission in installing banners on the Tight poles downtown Josie Tilson, a member of both the Downtown Parking Commission and the Historic District Committee addressed Council A bid of $3,200 was received for the design of the banners The banners themselves will cost around $4,000 which will be paid for by the Chamber, and asked for City assistance in repairing some of the poles and installing the banners Councilmember Rheinberger asked whether the banners would add to the clutter of signage downtown Ms Tilson responded that the banners would not be used for advertising, but would add color downtown, and the design would be approved by the Heritage Preservation Commission Councilmember Rheinberger questioned the benefit to the residents of the City outside of the downtown Councilmember Knesel stated that he believes the residents would support the idea because it would bring pride to the community Mayor Kimble stated that the vitality of the downtown is important to the whole City Councilmember Milbrandt stated he does not have a problem with the banners, but with the financial obligation of the City Motion by Councilmember Junker, seconded by Councilmember Knesel to approve the expenditure of up to $4,000 for banners downtown pending a written endorsement from the City Council Meeting — 04-10 May 4, 2004 executive director of the Chamber of Commerce, and with final design approval by the Council following approval by the HPC Ayes — Councilmembers Knesel, Junker and Mayor Kimble Nays — Councilmembers Milbrandt and Rheinberger Community Family Center Concept Plan Community Development Director Russell explained that there has been discussion of a Community Family Center in the greater Stillwater area Two representatives of area organizations, Brian Hubbard of the YMCA of Greater St Paul, and Paula Laidig of Stillwater Area Schools, were present and addressed Council regarding the concept Mr Hubbard stated they would like to put together an Integrated Planning Team Motion by Councilmember Milbrandt, seconded by Councilmember Knesel to approve the City's participation in the planning process for a possible Community Family Center All in favor Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to designate Councilmember Knesel and whatever staff necessary to participate in the planning process for a possible Community Family Center All in favor STAFF REPORTS Police Chief Dauffenbach reported that this is the second year the Police Department has managed the pay parking program downtown at considerable cost savings to the City The Downtown Parking Commission would like to expand the signage program in the parking Tots downtown The cost is estimated at $1,161 per sign for 13 signs, for a total of approximately $16,254 with the same design as the signs which were installed last year Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to approve the expenditure for parking lot signage as proposed by the Police Chief All in favor Police Chief Dauffenbach reported on possible future shelters for the pay parking Tots Fire Chief Glaser updated Council on a house fire at the Legends of Stillwater Development The cause of the fire is currently under investigation Motion by Councilmember Rheinberger, seconded by Councilmember Knesel to adopt Resolution 2004-101, approving the development agreement with Jennings Bank for the development on County Road 5 contingent on the following conditions 1 A comprehensive trail plan and its improvement shall be constructed in lieu of park dedication as part of the utility improvements and completed before certificate of occupancy is issued Page 2 of 15 Ed McMahon Vice President and Director of Land Use Programs The Conservation Fund Ed McMahon is nationally known as an inspiring and thought provoking speaker and leading authority on topics related to sustainable development, greenways, land conservation, growth management, urban design, tourism, community development and historic preservation BIOGRAPHY Mr McMahon is an attorney, community planner, lecturer, author and expert on the topics of sustainable development, greenways, land conservation, growth management, urban design, tourism, gateway communities and historic preservation He is Vice President and Director of Land Use Planning for The Conservation Fund where he works to improve the historically haphazard patterns of conservation and development through programs that balance economic and environmental goals He is also the co-founder and former President of Scenic America, a national non-profit organization devoted to protecting America's scenic landscapes He is the author of ten books and over 150 articles His latest books are Balancing Nature and Commerce in Gateway Communities and Better Models for Development in Virginia He also writes a regular column in Planning Commissioners Journal Over the past 15 years Mr McMahon has drafted numerous local land use plans and ordinances He has organized successful efforts to acquire and protect urban parkland, wilderness areas and other conservation properties He has also written and spoken widely on the topics of tounsm, conservation land use planning and historic preservation He has an M A in Urban Studies from the University of Alabama and a J D from Georgetown University Law School where he taught law and public policy from 1976-1985 "I%e never forgotten the evening thu you spoke in Chestertown That el. erung torever changed the way I now mike choices and you would be proud of the town's achievements since that tune' Margo Barley, Mayor of Chestertown, Maryland 'Your message was well heard and reached beyond Tuxedo to the Orange County Planning Department and the Business Development Group And your presentation continues to be the beacon that lights the way in our struggle with development issues " Mary I marry, Director, Sterkni Forest Partnership, Inc To make a request for a keynote address or other spealung engagement, please fill out the attached form and email to lmcdonald@conservationfund conservationfund org 1800 NORTH KENT STREET SUITE 1120 ARLINGTON VA 22209 703 525 6300 • FAx 703 525 46Ig W W W CONSERVATIONFUND ORG PART 3 REQUIREMENTS AND HONORARIUM Honorarium The speaking fee is $2 000 plus travel expenses (airfare rental car food lodging etc) Fees for presentations on the West Coast or which involve extensive travel or other special arrangements may be higher The workshop organizer must provide • A slide projector and large screen • A podium with a light • A way to change the slides from the podium (either a remote or a long extension cord for the slide changer) Note • Handouts will be delivered to the event organizer a few days prior to the event • After the workshop a letter of thanks, including any workshop evaluations or publicity would be greatly appreciated PART 3 TRAVEL AND LOGISTICS Na" of closest airport Name and contact information for local hotel Is it preferable for Mr McMahon to rent a car or will your organization provide a driver? Please send pages 1 and 2 of the Speaker Request Form to ImcdonaldAconservationfund org or fax to 703-525-4610 attn Leigh Anne McDonald You will receive confirmation of receipt when both forms are received 2 OF 2