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HomeMy WebLinkAbout2003-04-01 CC MIN CITY COUNCIL MEETING NO. 03-07 April 1, 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Also Present: City Administrator Hansen City Attorney Magnuson Assistant City Engineer Sanders Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad Director of Administration Knauss Assistant Finance Director Harrison City Clerk Ward OTHER BUSINESS Discussion on budQet cuts City Administrator Hansen began the presentation on the State budget crisis and its impact on the City of Stillwater. Each department head presented the Council with their proposed budget cuts. Mayor Kimble urged staff and residents to let their representatives know how the budget impact will affect Stillwater. Mayor and Council thanked the staff for the work they did on the budget cuts. Councilmember Kriesel stated that Stillwater can probably survive the 2003 cuts but has concerns on the cuts for 2004 and 2005. Mayor Kimble adjourned to executive session at 5:45 p.m. RECESSED MEETING APPROVAL OF MINUTES 7:00 P.M. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the March 18, 2003 regular meeting minutes and February 26, 2003 Trunk Highway 36 Partnership Study Joint Planning Commission/City Council Workshop Minutes. All in favor. City Council Meeting - 03-07 April 1, 2003 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Diane Rollie, Chamber of Commerce Ms. Diane Rollie, Greater Stillwater Area Chamber of Commerce, requested that Council prepare an ordinance to address the issue of newspaper/ad stands in the downtown district. She stated that there are 55 stands in the downtown area and felt that there should be regulation of placement and how many should be allowed in the downtown area. City Attorney Magnuson stated that an ordinance for Council review would be available at the next meeting. State Representative Rebecca Otto Representative Otto informed the Council of the legislature's actions. She asked for input on the budget crisis. Mayor Kimble provided Representative Otto with the City's proposed budget cuts that were discussed at the 4:30 meeting to inform her of the impact the state's revenue cuts would have on the City. He noted that the State would be spending more money than they ever have at the expense of the cities and its residents. STAFF REPORTS Fire Chief Kallestad informed the Council that the ISO insurance rating evaluation would be done on May 13. He explained the evaluation procedure and stated that it is the department's hope that the ISO rating will be reduced to allow for lower insurance rates in the department's protection area. He also stated that by the middle of June the department would know if they have new ratings. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. All in favor. Resolution 2003-72, directing payment of bills Resolution 2003-73, approving the policy on City website links Approval to hang banner on Main St. for the Rivertown Art Fair, requested by St. Croix Events Approval to hang banner on Main St. for Lumberjack Days, requested by St. Croix Events Resolution 2003-74, approving contract renewal with Owest for T11ine Approval to hang banner on Main St. for Christmas at the Courthouse, requested by Wash. Co. Historic Courthouse Approval to hang banner on Main St. for Stillwater Bridal Fair, requested by Wash. Co. Historic Courthouse Page 2 of 18 City Council Meeting - 03-07 April 1, 2003 PUBLIC HEARINGS Reauest for continuance of hearina for subdivision at 912 Churchill Street. Case No. SUB/03.. ~ Community Development Director Russell stated that the applicant has requested that the public hearing be tabled until May 6,2003. He recommended that the hearing be tabled until the May 20 meeting because the Heritage Preservation Commission will be considering the demolition permit at their meeting on May 5. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to table the public hearing until May 20, 2003. All in favor. Public hearina to consider the issuance of two new on-sale and Sunday liauor licenses City Attorney Magnuson provided Council with the history of the remaining two licenses. He stated that the license that was originally going to be used for the Territorial Prison site had no restrictions, but that the other license had the restriction that it could not be used in the downtown area. City Clerk Ward reviewed the applicants who have applied for the remaining licenses. She stated that Boardwalk, Inc. has withdrawn their application for a liquor license. Councilmember Milbrandt asked if a letter of request is equal to an application. Mr. Magnuson stated that it could be considered equal to an application. Mayor Kimble opened the public hearing. Mr. Steve Nicholas introduced himself and Mr. Randy Ehlers as representatives of Famous Dave's. Mr. Nicholas stated that Famous Dave's has been an established part of the Stillwater community since 1997 and that the Stillwater Famous Dave's converted from a counter service restaurant to a full service restaurant in 1998. He also stated that since the conversion in 1998, Famous Dave's has been trying to meet their guests' requests and enhance service by the addition a full service bar. Mr. Nicholas stated that Famous Dave's in Stillwater is the only full service franchise to be operating without a full liquor license. He stated that since opening in Stillwater, Famous Dave's and Famous Dave's of America have been very involved in the community and that a vast majority of the current Famous Dave's restaurants are decorated with antiques purchased from antique stores in Stillwater. Mr. Nicholas stated that the increased revenue would facilitate the need for additional employment with the addition of bartenders as well as additional servers. Page 3 of 18 City Council Meeting - 03-07 April 1, 2003 Mr. Nicholas stated that Famous Dave's of America has a well-established training program that includes, responsible service of alcohol training followed by a quiz, responsible service of alcohol video - "Techniques for Responsible Alcohol Service." He stated that all servers and bartenders sign a liquor liability form. He also stated that the company participates in "Learn2 Serve" program. He stated that this program has been added to help our restaurants reduce liability and help to create a safe & responsible environment. Mr. Nicholas stated that the Stillwater Famous Dave's has a dean history of compliance and that Famous Dave's of America has a great record for compliance through out the country. He requested that Council award one of the liquor licenses to Famous Dave's. Mr. Mark Putman, representing Contractors Property Development Company, reviewed the proposed design of the Liberty Village retail area on the corner of County Road 12 and 15. He reviewed the reasons for the development of this retail area, which was part of the concept in the development of the Liberty subdivision. He stated that a restaurant has always been proposed for this village area. Mr. Putnam stated that a survey was sent to residents in the Liberty addition. He provided statements from surveys sent to the Liberty residents in support of the concept of the retail area and the restaurant with a liquor license. Ms. Catherine McEnroe, 233 Rutherford Road asked what the distance was from the door of the school to the proposed restaurant. Mr. Putnam stated 1100 feet. Ms. Kristin Klemetrud, co-owner of Savories, provided a history of Savories in Stillwater whose history began in 1991. She stated they have done a major renovation to Savories; it is now a full service restaurant. Ms. Klemetsrud stated that the possibility that a healthy economy is not guaranteed by only increasing the number of new business entities. She stated that allowing long established businesses to expand would provide stimulus to our community. Ms. Klemetsrud stated they have created their business on a shoestring budget and have worked at incrementally expanding and creating more opportunity for our current employees, while adding new jobs as our circumstances allow. She stated they would continue to do this. She also stated that Savories has been a slow growing business and has remained stable due to their deliberate and methodical growth, but also believes in part to willingness to take part in city activities, to network within the community and to give back in the form of donations to local schools, charities and fund-raising activities whenever possible. She stated that she believes that this is an important part of ongoing economic development. Ms. Klemetsrud stated th~y are an important contributor to our city's development. She Page 4 of 18 City Council Meeting - 03-07 April 1, 2003 stated that they provide jobs for 30 individuals now, and anticipate additional jobs as we continue on our growth pattern. Ms. Klemetsrud stated that she, and a majority of their staff, are local residents. She stated that they shop here, pay taxes here both business & residential. She stated that they encourage their employees to take part in local events and most of them live here and also contribute in many ways to their schools, churches, and local businesses. Ms. Klemetsrud stated that she understands the mandate of the city in developing our tax base and maintaining a healthy economic climate, however she believes Savories does this already. Ms. Klemetsrud requested that Council give Savories one of the on-sale licenses. She stated that she would run the restaurant with the same responsibility as any other establishment that has the privilege of having an on-sale license. She also stated that they are here for the long haul. Mr. Todd Weiss, representing Stillwater Depot LLC, stated that the Minnesota Zephyr operations began in September 1986 in Spring Park Minnesota and moved its operations to Stillwater in June of 1987. He stated that over the last 16 years they have entertained approximately 625,000 guests contributed $48,000,000 dollars in salaries, goods and services and have anchored the north end of Stillwater with beautiful facilities. He stated that this addition would provide 40 new jobs and $3M of goods and services in the area. Mr. Weiss stated that they have attractive landscaping and parking facilities with up to 75 vehicle parking spaces and that they employ over 60 employees, mostly from the Stillwater area and have spent nearly 4 million in advertising to attract visitors to Stillwater and to the Zephyr. Mr. Weiss stated that plans include an addition of a 2200 square foot building to the current depot building and will convert most of the museum to a 125-seat restaurant called the Stillwater Depot Grill. He estimated that they would serve over 50,000 guests per year, in addition to the Minnesota Zephyr. The Stillwater Depot Grill will feature the finest food available with a variety of menu selections. Mr. Weiss stated that according to the cities preliminary development plans; the north end of town's addition of condominiums and hopefully some retail stores will finally complete and lengthen the main street of Stillwater. He also stated that they have met with the Planning Commission and Heritage Preservation Commission and received the necessary approvals. He stated that they are ready to proceed with obtaining building permits and construction and anticipate a September 2003 opening should Council award them a liquor license. He requested that a decision be made at this meeting as there is $500,000 - $1 M set aside for this project and that any delay could further hamper the project. Page 5 of 18 City Council Meeting - 03-07 April 1, 2003 Mr. Kevin Dockter, 141 Rutherford Road, stated that he had concerns on some of the comments of Mr. Putman of CPDC. He stated that when he looked into purchasing property he knew there would be a village at the corner of County Road 12/15. He stated that there are many young children in the Liberty additions and that they look out for each other and the children. He stated he is very concerned on having a liquor establishment in the neighborhood and its proximity to Rutherford Elementary School being glossed over and it shouldn't be. He stated that Mr. Putnam's comment about that a liquor license is necessary to serve great food, I guess I would be upset if I was another restaurant owner in this community. He stated that one of the reasons he was attracted to Stillwater was its tradition and he hoped that when Council makes its decision that they look at the traditions and at the existing businesses applying for the liquor licenses. He stated that personally he is not in favor of granting other licenses, but does understand why others are asking for them. He stated that established businesses should be considered before giving a license to a restaurant that is on the drawing board. He stated they have no idea what the restaurant is, what it will be like and how it will affect the community. He stated that it is already known what the existing restaurants do to the community and felt the city should help promote those restaurants. Ms. Catherine McEnroe, 233 Rutherford Road, stated that by trade she is an attorney for the law firm that represents the developer, but is not before the Council as an attorney but as a resident of Liberty. She showed a map that depicted the commercial area proposed by the developer and its relation to Rutherford Elementary School. She stated that is a great concern to people in Liberty on the Lake. She stated that the "award winning development and award winning school" are at great risk by putting a restaurant/bar within 1100 feet of school. She reviewed Minnesota Statute 340A.412, 4a.9 that states that no liquor establishment shall be within 1,500 feet of any public school that is not within a city and that this does not violate state law because the location of the license will be just inside the city. She stated that the Stillwater City Code Section 43-69, Subd. 4 states that no license shall be granted for any business which is located in an area prohibiting such location by state law or which principal building is within 500 feet of a principal school building or a principal church building. She stated that an ordinance has been passed so that all of the laws and ordinances don't even apply to Liberty on the Lake, because they got their own special little law passed. She stated that the point isn't that it violates the letter of the law, but that putting a barlrestaurant this close to an elementary school violates the spirit of the law. She stated that she sits here listening to the moving of newspaper boxes to clear how the street looks and that Council is considering issuing a liquor license on streets in Liberty on the Lake where there are literally 20 5-year-olds riding their bikes. She also stated that it is not possible to make this area safe for people, and it is not what they were sold on when they bought into Liberty on the Lake. She stated that she was told this would be a small town neighborhood and that this would be a mom and pop commercial village. She implored the Council to exercise their discretion not to assist the developer into breaching their promise to people who bought into Liberty on the Lake expecting this area to be a safe neighborhood for their families. Page 6 of 18 I I L__ City Council Meeting - 03-07 April 1, 2003 Mr. Leonard Huebscher, 12525 75th Street N, is against the issuance of a liquor license to the retail area for the following reasOns: liquor is the number one drug problem of America and that he sees it in his counseling office, he sees it destroying families, breaks up homes, a killer on the highway, a consumer of tax dollars, and it increases crime. He stated that he is opposed to the liquor license being allowed in a family orientated community such as Liberty on the Lake with children running on the streets. Ms. Barbara McMichael, 153 Rutherford Road, has been a resident for approximately 1.5 years. She stated that she is one of four neighbors that called the meeting last week inviting Council members to attend to alert the neighbors on what was proposed in Liberty on the Lake. She stated she is opposed to a liquor license being offered in her community because it abuts the homes and sidewalks and it is too close to the school where the children from Liberty attend. She stated that she hoped that even though the developer is talking about having traffic concerns and doing the reports that it is still a concern because people going into the establishment are not going to wait and drink until after school gets out and that liquor will be served when the restaurant is open and, therefore, drunk and intoxicated drivers will be on their roads. She stated that the developer stated at the last meeting that this development was discussed at that the traffic would be the City's problem. She stated that it was her understanding that the expansion of Manning Avenue with stop lights would not happen until 2007 and with financial problems facing the State that there is no guarantee that the city will have the money to expand Manning Avenue. She stated that she is concerned with intoxicating drivers being not adequately prepared on streets without any stoplights or larger accesses. She stated that she challenges the Council to look at the other liquor requests from established businesses, ones that have track records that are not a vague idea that is proposed by CPDC. She encouraged Council to wait until the developers give the neighborhood some ideas of what is actually planned for the neighborhood. She stated that the developer sent out notices to the neighborhood asking for a letter of support and that a group sent out an additional letter asking for those who were uncomfortable with the liquor license and she stated she has a list of residents she would provide Council of those who are opposed to the liquor license. She stated that she and surrounding neighbors bought into Liberty planning to make Stillwater their home as taxpayers and voters and requested that Council look at what is being done, what was promised, and to make a good decision on who gets the liquor license. Ms. Tami Naja, resident of Liberty, stated that she has a nephew who is severely brain damaged because he was hit by a drunk driver at 10:00 a.m. while on a school outing walking from his school. She stated that it is very possible to have a drunk driver in the neighborhood at a time when school is being conducted. Ms. Susan Kuss, 121 Rutherford Road, stated she was against CDPC receiving a license because it is close to the park and school. She stated that it is completely inconsistent with a neighborhood and that no one ever mentioned the possibility of a bar with liquor at this location when they purchased their home. She stated she was under Page 7 of 18 City Council Meeting - 03-07 April 1, 2003 the impression that it would be baggel and coffee shops. She stated that the traffic circle was not designed as the County traffic engineers would have liked to have seen the traffic circle designed. She stated that she sees many backups in that traffic circle and that it does not function as it was designed to. She is concerned that it will be extremely difficult to get to the main thoroughfares and there will be drunk drivers cutting through the neighborhood that are already speeding, which is a bad combination. Mr. Geoffrey Ratte, 3539 Eben Way, stated there are some neighbors that are inclined to see a better restaurant in the area. He stated that the people who have spoken do not speak for everyone and wanted to let Council know that there are neighbors in support of a high quality development and a high quality restaurant with a liquor license in the retail area proposed by CDPC. Ms. Jodeen Monson, 470 Liberty Parkway, stated that she is a life-long resident of Stillwater and that Liberty Village was designed exactly as she was told. She stated that it far exceeds her expectations of that corner and that she was one of the people who inquired about having a pub at that corner. She stated she is concerned about the viability of a restaurant without a liquor license and businesses in the area. She stated she did not envision a "girls-gone-wild" kind of bar that she feels is being portrayed. She also stated that she thought it would be more of a neighborhood pub. She stated that she does not believe that everyone who partakes in alcohol gets blindly drunk and drives on the road. She stated that the developer did not mislead her, that the plan is what was told to her, and that there are people that are in favor of a restaurant/pub on that corner. Mr. Randy Darling, 3625 Eben Way, stated that he and his wife have been residents of Washington County all their lives and just recently moved to the Liberty area. He stated they looked at Woodbury, Red Wing, Prescott, Hastings and Liberty is the nicest community they saw in the last 12 months they were looking. He stated that people have a tendency to remember what they want and forget what they want. He stated that he was told about the design and proposed restaurant and that Liberty has lived up to everything that was told to them and even surpassed what was told to them. He also stated he was in favor of the restaurant with a liquor license because it would be something he and his wife would use, it would be an asset to the community and that he did not think Hells Angels would be out there drinking and urged the Council to look at the request for this license favorably. Mr. Burr Baldwin, 215 Rutherford Road, stated that since this issue has been brought up he has been strongly ambivalent about the issue. He stated like a lot of his neighbors he thought it would be fun to have a watering hole that he and his friends could go to within walking distance. He stated that he is not as close to the area as some other residents near the proposed retail area, but will suffer greatly with the late night noise that would be caused by the restaurant. He stated that it is inevitable that any establishment that serves liquor is going to generate late night traffic. He stated that conventional traffic would be enough to waken those residents closest to the traffic Page 8 of 18 City Council Meeting - 03-07 April 1, 2003 circle. He stated that he is having trouble justifying that kind of suffering by these families for the sake of increased profits by the developer or for the convenience of people like himself who do not live close to the village area. He asked Council to bare the affect of late night traffic on those families now and in the future. Mr. Michael Chalmers, 370 Liberty Parkway, stated that he and his family have been residents of Stillwater for two years and that prior to moving to Stillwater lived in the Crocus Hill area of St. Paul, which is within walking distance of a number of bars and restaurants on Grand Avenue. He stated that he has lived for years in areas where . residential and commercial was very much commingling, which was very positive and which is one of the features that attracted them to the Liberty development. He stated that they wanted to live somewhere that was more old fashioned rather than a cookie cut development in Woodbury or Eden Prairie. He stated that if you drive down Grand Avenue or St. Clair Avenue you will see amongst the beautiful homes restaurants, liquor stores and retail establishments and that is an old fashion town, it is not a new wave concept, it is what Stillwater is. He also stated that he knew all along that there would be a restauranVpub in the village area, it was not hidden from them and felt it was an attractive thing to them. He stated that he has two children and he does not see this as being a negative issue in any way. He stated that he and his wife strongly encourage the establishment of a nice restaurant and that a number of his neighbors are also in favor of it. Ms. Elizabeth Welke, 3484 Liberty Avenue, stated she has lived in Liberty for about a year and owned the home for approximately three years and is concerned about issuing a liquor license to a restaurant yet unnamed and about a promise that was made when the property was purchased, that it would be a quaint village described to her as a Dickens village with Subway or sandwich shops with perhaps people living above the stores much like a downtown and keeping this area a calm area. She stated that she is concerned that CPDC is doing this for financial viability for their company and that they have done fine with Liberty up until now, but that she is concerned about what they propose to do now. Mr. Mark Fasching, 135 Rutherford Road stated he is one of the properties that would be affected in the targeted zone. He stated that a number of his concerns were addressed by others, however one issue that has not been addressed enough is the majority of the liquor licenses in Stillwater are in the downtown area. He stated that that might be a more appropriate location for the liquor license than the interior of Liberty. He stated that because of the school, parks and the amount young families in the area it just does not seem the right decision for Liberty. Jennifer Haas, 3362 Pioneer Place, stated that she has been a resident of Liberty for two years. She has no concerns about the design of Liberty Village and felt that everything they have done in the area is beautiful. She stated that the design is not going to matter much at 1 :00 in the morning. She stated that there would be issues with traffic and noise. She stated that it was inappropriate to have a bar/restaurant near a school because there would be a number of safety issues involved because the circle Page 9 of 18 City Council Meeting - 03-07 April 1, 2003 will be shared with the school, children will be walking and biking to school, and that the location of this establishment in a residential neighborhood is inappropriate because there are hundreds of children that live in this area. She stated that there are many excellent restaurants that do quite well that limit their sales to wine and beer. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated that he would support the issuance of a liquor license to the Minnesota Zephyr/Stillwater Depot because it would provide economic development to the north end of town and it would set a positive image to the area. Councilmember Kriesel asked if the developers of the prison site would be coming later to ask for a liquor license. Mayor Kimble stated that the developer has stated specifically that they do not want a liquor license because of the number of accessible establishments downtown. Council member Kriesel asked if the license for the Market Place area was targeted for the economic development of that area. He also stated that the City could hold that license for future development and also asked if this license is given away and someone else wanted a license in this area would the city go back to the legislature for the same reason of economic development. Mayor Kimble stated that the license for the market Place area was targeted for economic development of that area. He also stated that when those licenses were received it was by a different Council. He stated that Council could request a liquor license every year through the legislature or placed on the ballot as a referendum, those options are always there for any future Councils. Council member Kriesel stated that another option that may not be attractive is first in, first out. He stated that Famous Dave's initial request goes back to November 12,2002 and from his standpoint he would be leaning towards Famous Dave's getting the license and as far as the CPDC development, he stated he went to the meeting and knocked on a few doors near the land office and found quite a few people that had no objection to the liquor license in the village area. He also stated that he sees that there are some valid concerns. Mayor Kimble asked City Attorney Magnuson if prior to the annexation and prior approvals the City talked about this commercial corner what obligations does the city have to the developer. City Attorney Magnuson stated that the City allowed the commercial corner. He stated that there could be a restaurant in this area; the City could allow a wine-beer license, such as Savories or Marx. He stated that he felt there was no obligation to the developer to give them a liquor license and that no one has that sort of claim on the Page 10 of 18 City Council Meeting - 03-07 April 1, 2003 Council. He stated the only restriction is the one for the Market development area can not be used downtown. Council member Milbrandt stated that the City has four very qualified and compelling stories, however there are two restaurants that have succeeded with a limited license and proven that a fine restaurant exists without full liquor. He also stated that the Zephyr and Liberty development are not in the restaurant business that have brought a lot to the community, but his side would have to be to the two who have proven to be loyal citizens, grown their businesses to a fine dining restaurant and felt there is an obligation toward the local establishments to allow them to grow. He stated that he felt it is owed to the commercial businesses that have grown here to continue to grow. Councilmember Junker stated that the Minnesota Zephyr has been here for 15 years, they are expanding their existing business, a license was earmarked for the north end to keep that area vital and strong, and their track record is incredible. He stated that it would be a welcome addition to that site. Motion by Councilmember Rheinberger, seconded by Council member Junker authorizing the issuance of one On-Sale and Sunday liquor license to Stillwater Depot, LLC, contingent upon the approvals of the Police, Fire, Finance, Building Departments and Minnesota Liquor Control by December 31 , 2003. Ayes: Council members Kriesel, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Milbrandt Council member Rheinberger stated that a liquor license should be given to Liberty Village because it has the benefit of bringing an upscale restaurant, liquor establishments will be coming to that area whether in Grant or Liberty and unfortunately a high quality restaurant will want a liquor license. He stated that the economic catalyst for the area is restaurant. A high quality restaurant will fit that need. Mayor Kimble stated that one could argue that it will bring tax base and employment to the area and that there are other bars/restaurants closer to elementary schools than Rutherford. He stated that fine restaurants tend not to be open until 1 :00 in the morning. He stated that this is a very tough decision. Councilmember Kriesel stated that Famous Dave's should be given to Famous Dave's because they had requested this license back in November, played by the rules, and this is a tough one for them, they have been here and are probably the only liquor establishment in that area and he has a hard time not going with them. He also stated that on the other side CPDC is a first class operation and probably exceeded most people's expectations not only in Liberty but in the community and he knows that CPDC is not going to put something in Liberty that is not a good fit for the neighborhood, but maybe it is a license that comes later. He would support Famous Dave's. Page 11 of 18 City Council Meeting - 03-07 April 1, 2003 Mayor Kimble stated that argument could be Famous Dave's was here first and they are closest to the western business park. He stated that arguments could be made for all the applicants. Council member Rheinberger stated that more community value would be given if the license were given to CPDC. He stated that at Famous Dave's they would probably get a few more patrons, however there are other liquor establishments in the area. He stated that there is more economic investment in the Liberty area. Councilmember Milbrandt stated that the licenses should be given to the existing businesses. He stated that existing businesses could develop to a point, but that when a new business comes the City will jump at that. He stated that CPDC has been wonderful for the community, however he felt that the existing businesses were getting penalized. Councilmember Rheinberger stated that this is not final and he is supportive of the remaining two to go to the legislature for additional licenses. Councilmember Junker stated that he sees Liberty as a big addition to the west side of the City. He stated that he has been impressed with Liberty from day one and it will be an added value. He stated that Famous Dave's and Savories are fabulous places, however it is a tough choice and felt that in the long run for Stillwater that this is the place the license should go. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to authorize the issuance of an On-Sale and Sunday liquor license to Liberty Village. Motion failed. Ayes: Council members Rheinberger and Junker Nays: C ouncilmembers Kriesel, Milbrandt and Mayor Kimble Motion by Councilmember Milbrandt to authorize the issuance of an On-Sale and Sunday liquor license to Savories. Motion died for lack of second. Motion by Council member Kriesel to authorize the issuance of an On-Sale and Sunday liquor license to Famous Dave's. Motion died for lack of second. Mayor Kimble recessed the meeting at 9:00 p.m. Mayor Kimble reconvened the meeting at 9:15 p.m. Mayor Kimble stated that City Attorney Magnuson has informed him that the remaining license can not be issued to a downtown business therefore the remaining license should go to either Famous Dave's or Liberty Village, or table indefinitely into the future. Council member Milbrandt stated that his problem with Liberty is that the vendor is not known. He asked City Attorney Magnuson if Council could put a provision on the Page 12 of 18 City Council Meeting - 03-07 April 1, 2003 issuance where the City Council has to approve the vendor to make sure it meets the needs and the concept of the village community. Councilmember Kriesel stated that it would be unfair to Famous Dave's not to give them the license. Motion by Council member Milbrandt, seconded by Council member Rheinberger to authorize the issuance of an On-Sale and Sunday liquor license to Liberty Village conditioned upon Council approval of the vendor for the restaurant within six (6) months, October 1, 2003. Ayes: Councilmembers Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Kriesel Mayor Kimble asked if it would be possible to ask the legislature for additional licenses and have the remaining licensees pay for the lobbing. City Attorney Magnuson stated that he could develop the language and that City Administrator Hansen would lobby for the licenses. City Administrator Hansen stated that he could contact our local legislators to see if they could carry the bill. Motion by Council member Kriesel to direct the City Administrator Hansen to investigate the possibility of getting additional license for Famous Dave's at the legislature. Motion failed for lack of second. Motion by Councilmember Rheinberger, seconded by Councilmember Junker directing City Administrator Hansen to investigate the possibility of getting additional licenses for Savories and Famous Dave's at the legislature and City Attorney Magnuson to develop the language. Ayes: Council members Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Kriesel UNFINISHED BUSINESS Possible second readina of Ordinance No. 934. an ordinance amendina Chapter 43 of the Stillwater City Code entitled liauor City Attorney Magnuson stated that this ordinance relates to the payment of liquor license fees by stating that all license fees must be paid annually and kept current even though from time to time the licensed premises is vacant. He also stated that the ordinance states that a license may remain at a vacant location for a period of the remaining calendar year and one year after that, after which time the Council would be entitled to grant the license to someone else. He stated that the reason for this ordinance is that the current ordinance does not reflect that liquor licenses should be paid for whether the licensed premises are vacant or not. Page 13 of 18 City Council Meeting - 03-07 April 1, 2003 Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwater City Code entitled liquor. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible waiver of fee for rezonino request - Mr. Greethurst Community Development Director Russell stated that this rezoning request should be part of a study for the area surrounding the Greethurst property. He recommended that the study be done and therefore Mr. Greethurst would not have to pay for the fee to rezone because it would be part of that study. Council member Kriesel asked if this zoning includes the old Parks Department. Council member Milbrandt stated that there have been some ideas by the Parks Board for that area, however it could be part of the zoning study. Mr. Greethurst requested that his property be acted upon as soon as possible as he has a buyer for this property. Mayor Kimble stated that the entire area needs to be studied and advised Mr. Greethurst that he would have to wait until after the rezoning. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger directing Mr. Russell to proceed with the rezoning study of Mr. Greethurst's property and surrounding areas, including the old Parks Department property. All in favor. NEW BUSINESS Possible approval of rioht-of-wav permit fees Assistant City Engineer Sanders presented Council with a proposed right-of-way permit and proposed fees for that permit. He stated that City Council adopted Ordinance 890, an ordinance pertaining to right-of-way management, which regulates the use of the public right-of-way by private utility companies. He stated that the ordinance requires set up of a right-of-way permit, an obstruction permit and a registration application and those items are for Council approval as well as a resolution for the fees. Councilmember Rheinberger asked if these fees would cover people who put dumpsters in the street, etc. Mr. Sanders stated that this permit and fees would be charged for this as well. Page 14 of 18 City Council Meeting - 03-07 April 1, 2003 Council member Kriesel asked if Excel and the Water Department would be paying these fees. Mr. Sanders stated that the Water Department could be paying these fees as the City works with the Water Department on main breaks, etc. Councilmember Kriesel stated that in order to give an actual cost, utilities should be charged whether they are public or private. Mr. Kriesel stated that he talked to Excel and that they request that they be billed quarterly for these permits. Mr. Sanders stated that could be arranged. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-75, resolution approving right-of-way permits and fee schedule. All in favor Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Reauest for Fire Act Grant match Fire Chief Kallestad requested approval for the Fire Department to apply for the 2003 Federal Fire Act Grant. He stated that the City matching funds required is $2,200. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-76, authorization to apply for 2003 Federal Fire Act Grant and commit local match. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of plans and specifications and authorizina advertisement for bids for the 2003 Street Improvements Assistant City Engineer Sanders requested approval for the plans and specifications for the 2003 Street Improvements and authorization to advertise for bids for the project. He stated that the engineering department would be meeting with the various residents who have concerns relating to the sidewalk installation and the removal of trees. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-77, resolution approving plans and specifications and authorization to advertise for bids for 2003 Street Improvements (Project 2003-02). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 15 of 18 City Council Meeting - 03-07 April 1, 2003 Review and approval of downtown pay parkinQ siQnaQe Community Development Director Russell presented Council with the proposed design of the downtown pay parking signs. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the downtown pay parking signage. All in favor. Consideration of request and recommendation reQardinQ fee for use of on-street parkinQ spaces for trolley use Community Development Director Russell stated that Stillwater Trolley Company has requested to use two Nelson Street on-street parking spaces for parking the Stillwater Trolley tours operation. He stated that the Planning Commission reviewed the relocation of the ticket booth to the railroad property and that approval was conditioned upon Stillwater Trolley receiving City Council approval and paying for the use of the two parking spaces. He stated that the Downtown Parking Commission reviewed this request and recommended a $500/space fee based on the revenues produced by as space in the South Main and Riverview pay lots. Mr. Robert Raleigh, Stillwater Trolley, requested that the payment of $1,000 be split. Councilmember Rheinberger suggested $500.00 payable now and $500.00 in the fall. Motion by Council member Rheinberger, seconded by Council member Milbrandt approving the use of the two parking spaces at a fee of $500 per space with the fee to be $500 now and $500 on October 1 , 2003 for a three year period. All in favor. Consideration of request by Lofts of Stillwater. Inc. for Tax Increment FinancinQ Assistance Community Development Director Russell reviewed the tax increment financing application for theStillwater lofts project. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to approve the tax increment financing application for the Stillwater Lofts project. All in favor. Possible first readinQ of ordinance to adopt new 2003 Minnesota State BuildinQ Code. City Attorney Magnuson reviewed the ordinance to adopt the new 2003 Minnesota State Building Code. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the first reading of Ordinance No. 935, an ordinance 'adopting the 2003 Minnesota State Building Code. This ordinance provides for the application, administration and enforcement of the Minnesota State Building Code. All in favor. Page 16 of 18 City Council Meeting - 03-07 April 1, 2003 Possible approval of Parkino fines for Pay Parkina Lot Mayor Kimble reviewed the memo from Chief Dauffenbach regarding the fines for the pay parking lots. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-78, resolution setting parking fines for pay parking lots. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of Domestic Preparedness Grant Proaram Chief Dauffenbach stated that the Stillwater Police Department would receive $11,497 for training and equipment to put two members on the countywide SRT team. He stated that there is $9,552 to train the police department and other City departments in incident command and that the third grant was awarded to Washington County and dispersed to cities to rewrite their emergency plan with a terrorist component. He stated that Stillwater's portion of this grant is $3,420. Motion by Council member Rheinberger, seconded by Councilmember Junker accepting the grant money. All in favor. Possible approval of Mutual Aid Aoreement Chief Dauffenbach stated that this agreement has been updated to cover major case investigations and also the SRT. He stated that with approval of the grants he expects the assignment of officers to the SRT and recommends Option 1 of the agreement. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2003-79, approving Joint and Cooperative Agreement with SRT Response Option 1. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible authorization for Environmental Assessment Worksheet Study (EAW) for Territorial Prison Community Development Director Russell stated that because the Territorial Prison site is on the National Register of Historic Places and that the development of the site may impact the resource, an EAW is required. He stated that the cost of the EAW would be $5,980 and that this cost is normally passed on to the development. Page 17 of 18 City Council Meeting - 03-07 April 1, 2003 Motion by Council member Rheinberger, seconded by Councilmember Kriesel adopting Resolution 2003-80, approving contract with The 106 Group, Ltd for the Environmental Assessment Worksheet Study (EAW) for Territorial Prison at a cost of $5,980. All in favor. COUNCIL REQUEST ITEMS Councilmember Kriesel asked that Council adopt a resolution supporting the troops in Iraq. He stated that this is not in support or against the war, just a resolution that we support our troops. Motion by Council member Kriesel, seconded by Council member Rheinberger to adopt Resolution 2003-81, supporting the United States Military troops. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 10:00 p.m. All in favor. J~~ ATTEST: A~ d WtVld:-- Diane F. Ward, City Clerk Resolution 2003-72, directing payment of bills Resolution 2003-73, approving the policy on City website links Resolution 2003-74, approving contract renewal with Owest for T11ine Resolution 2003-75, resolution approving right-of-way permits and fee schedule Resolution 2003-76, authorization to apply for 2003 Federal Fire Act Grant and commit local match Resolution 2003-77, resolution approving plans and specifications and authorization to advertise for bids for 2003 Street Improvements (Project 2003-02). Resolution 2003-78, resolution setting parking fines for pay parking lots Resolution 2003-79, approving Joint and Cooperative Agreement with SRT Response Option 1 Resolution 2003-80, approving contract with The 106 Group, Ltd for the Environmental Assessment Worksheet Study (EAW) for Territorial Prison Resolution 2003-81, supporting the United States Military troops Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwater City Code entitled liquor Page 18 of 18