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HomeMy WebLinkAbout2003-05-06 CC MIN ~ 't CITY OF STILLWATER COUNCIL MEETING NO. 03-10 May 6, 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Junker, Kriesel, Milbrandt, Rheinberger, and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad Assistant Fire Chief Glaser Public Works Director Eckles Director of Administration Knauss City Clerk Ward OTHER BUSINESS Stillwater Summer Shakespeare in Pioneer Park Mr. David Fox-Brenton explained the Stillwater Summer Shakespeare events planned for Pioneer Park. He stated that he has received approval from the Parks Board. He stated that he is not asking for a financial commitment but to discuss ways that the City may provide in-kind support for these activities. He also stated that he is seeking co- sponsorship with ArtReach Alliance, the Chamber, and Friends of Stillwater Parks. Mr. Brenton stated the use would be from August 4-10. He stated that the performances would begin on August 6, 2003. He also stated that he would provide an insurance certificate. He requested electrical hookups and the parking of a construction trailer next to the band shell. He stated they would be adding a temporary extension to the stage of the band shell. Councilmember Milbrandt stated that the Parks Board does not have a band shell policy and that the Board will be developing a band shell policy. Motions by Councilmember Rheinberger, seconded by Councilmember Milbrandt to co- sponsor the Stillwater Summer Shakespeare conditioned upon the receipt of an insurance certificate and allow the construction of a temporary extension to the stage. All in favor. Workshop with Library , .. City Council Meeting 03-10 May 6, 2003 Mr. Bill Hickey provided Council with an update on the design phase of the Library Expansion. He stated that Miller Dunwoody Architects have been retained for this expansion and their preliminary feedback should be available after July 4. Mr. Dick Hillsman provided Council with an update on the fundraising for the expansion and stated they are well on the way with the fundraising. Councilmember Rheinberger expressed concern on the expansion regarding budget cuts from the State. He also stated that the operating budget of an expanded library would increase. He stated that the library might have to look at private donations to help the library operations. Lynne Bertalmio, Library Director stated that there have been preliminary studies done and the engineers state that the costs of utilities will not go up commensurate with the addition of square feet of the expansion. She stated that they are also looking at staffing structures into the future and explained that with the design it will make staff more efficient and that they do not plan to add staff along with the expansion. Councilmember Kriesel stated that statistics he received shows that the non-resident growth rate usage is higher than resident usage. He is concerned that City taxpayers are solely being asked to fund the expansion, however the expansion is for the growth of non-resident usage. He asked what has been done to address the long-term growth situation with Washington County. Ms. Bertalmio stated that the figures she has were different than what Councilmember Kriesel has. She explained how residents and non-residents use the library. Councilmember Kriesel asked how the collections would be funded. Ms. Bertalmio stated that the expansion would not open with the shelves full. She stated that the Friends of the Stillwater Library are working on fund raising for collections. Mr. Hillsman stated that the Library Board has planned for thirty years into the future. Councilmember Kriesel stated that the expansion is necessary, however he is concerned about who is paying for it. Mr. Hillsman stated that $4M would be paid from other sources other than the taxpayers. Council member Milbrandt commended the Library Board for their work. He also stated that there are many amenities that the taxpayers pay for but are used by non-residents. Council member Kriesel expressed concern with growth rates for the library and who is paying for the expansion. He stated that $21,000 per month would be needed for the next 20 years to fund this expansion. He stated that there is no greater asset to a Page 2 of 15 , .. City Council Meeting 03-10 May 6, 2003 community than a library, but the issue is about fairness and who is paying for the funding of the expansion. Council member Rheinberger agreed with Council member Kriesel's concerns on the long-term growth and the costs to the residents, now and into the future. Mayor Kimble reviewed the history of funding and perception of building public facilities. Councilmember Kriesel stated there is not an easy answer, but he has to ask the tough questions. Mayor Kimble stated that one thing to look at is the age of the building and the infrastructure is old and the expansion, which includes these upgrades, which will save them money. He stated that with the private donations, 50 cents of taxpayer dollar nets 90 cents of improvements. He also stated that he is confident that the Library Board is looking in the right direction and should continue to do so. He also stated that Council is here to ask the tough questions and they will continue to do so. Council member Rheinberger stated that he is not saying that the expansion is not necessary he is concerned with long-term funding. Possible approval of obtainina proposal for Stillwater North Main Street HousinQ Infill and Pedestrian Connection proiect Community Development Director Russell stated that for the past two years staff has worked with the developers of the Territorial Prison and Lofts of Stillwater sites and representatives of the Burlington Northern Railroad on the development of the housing intill sites and the purchase of the remaining railroad right-of-way. Mr. Russell explained the design concept for the Stillwater North Main Street Housing Infill and Pedestrian Connection Project. He stated that in 2002 the City applied for a Livable Communities Grant from the Met Council for $2M to assist with the project construction. He also stated that in order to proceed, additional design development and feasibility analysis should be done. He stated that the cost of the plan would be approximately $50,000 and can be funded with TIF District 10 proceeds. City Administrator Hansen suggested to Council to structure this expenditure as a loan. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing staff to obtain proposal for Stillwater North Main Street Housing Intill and Pedestrian Connection Project. All in favor. Possible acceptance and implementation of Stop Sian Study Mr. Glen VanWormer of Short, Elliot and Hendrickson reviewed the stop sign report concerning all stop signs within the City. He stated that there are a number of locations Page 3 of 15 ~ . City Council Meeting 03-10 May 6, 2003 throughout the City where stop signs could/should be removed. He also stated that there are some stop signs that are confusing or create problems because they are inappropriate for the area. Public Works Director Eckles stated that the recommendations of the report would be implemented over a period of time. Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-110, accepting and ordering implementation of stop sign report. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None BudQet Discussion - Police & Fire Police Chief Dauffenbach reviewed the proposed reductions in the Police Department budget. He stated that his recommendation at this time would be to follow the 2003 reductions listed in his presentation. Fire Chief Kallestad presented Council with a detailed Fire Department Budget Reduction Proposal and reviewed the proposed reductions in the proposal. STAFF REPORTS Police Chief Dauffenbach stated that the Downtown Parking Program would be implemented on May 15, 2003. He also informed Council of a grant that is available for military leave that would help for overtime to cover someone on military leave. He also stated that the department applied and received a COPS grant, but that the terms of the grant include a department of 21 police officers and a commitment for a three-year employment period, which with current budget constraints would not be possible. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger directing Chief Dauffenbach to apply for the Military Leave Grant. All in favor. Director of Administration Knauss reviewed the revisions to the personnel policy regarding Section 3-3, an employee may not hold a full-time and part-time job within the City simultaneously. Public Works Director Eckles provided Council with an update on the McKusick Lake Ravine project. City Administrator Hansen reviewed a request from Phil Mero, Red Bull Energy Drink to hold a Tommy Clowers FMX-travaganza in Lowell Park. He stated that the event would be held on Wednesday, June 11 and that the request for the site would be an area 300' X 40', a hard surface that is fairly level and 680 feet of chain link fencing. Page 4 of 15 City Council Meeting 03-10 May 6, 2003 Motion by Council member Milbrandt, seconded by Councilmember Kriesel to deny the request because of no review by the Parks Board and the City does not have 680 feet of chain link fencing and does not have the funds to purchase the fence. All in favor. City Administrator Hansen informed the Council that the City received the insurance check for the Territorial Prison. Mayor Kimble recessed the meeting at 6:35 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Junker, Kriesel, Milbrandt, Rheinberger, and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad Assistant Fire Chief Glaser Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the April 15, 2003 regular meeting and executive session minutes and April 29, 2003 special meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Annual Heritaae Preservation Awards Mayor Kimble and Jeff Johnson, Heritage Preservation Commission, presented 2003 Heritage Preservation Awards for Facade of a Building - Daria's Grill & Malt Shop, Mike and Sandy Hudson; Signage Award - Brunswick Inn, Joele Hiers; Transition of a Building - Marx Wine Bar and Grille, Mark Hanson; Heritage Award - Brick Alley, Mike McGuire. Mayor Kimble thanked Sue Fitzgerald and the Heritage Preservation Commission for their work and commitment to the historical preservation of buildings within the City. Page 5 of 15 City Council Meeting 03-10 May 6, 2003 Proclamation: Stillwater Fiaure Skatinq Days - May 9 & 10 Mayor Kimble proclaimed May 9 & 10, 2003 as Stillwater Figure Skating Days. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the Consent Agenda. All in favor. Resolution 2003-97, directing payment of bills Approval of waiver of garbage and collection charges for application 2002-01 through 2002- 03 Resolution 2003-98, Approving Personnel Policy Amendments to Sections 3-3, 13-3 and 14-8; Addition of Section 14-10 Approval of transfer of municipal license from Stillwater Yacht Club to Stillwater Marina, LLC Resolution 2003-99, reapportioning special assessments for Parcel No. 29.030.20.44.0034 (1417 West Pine Street) Resolution 2003-100, approval of 2003 Art Fair Agreement Approval of Temporary On-Sale Liquor License for 2003 Lumberjack Days - July 24-27, 2003 Resolution 2003-101, approving Minnesota premises permit for gambling for John's Bar, 302 South Main Street, Stillwater, MN. Application for lawful gambling exempt permit for raffle on June 7, 2003 - Church of St. Michael Application for lawful gambling exempt permit for raffle on May 16, 2003 - Parents for Oak Park Resolution 2003-102, approval of McKusick Lake Boardwalk Improvements - Change Order No. 1 Approval of Central St. Croix Valley Joint Cable Communications Commission revised 2003 budget Resolution 2003-103, approving Minnesota premises permit for gambling for the Forest Lake Athletic Association at the St. Croix Music Cafe, 317 South Main Street, Stillwater, MN Resolution 2003-104, authorizing closing of fund Approval of request for outside merchandising - Tires Plus PUBLIC HEARINGS Case No. SV/03-01. Request from Tony Mutter for a street vacation request for a 330-foot portion of unimproved Meadowlark Drive (south of McKusick Lake) from Center Street to extended unimproved North Sherburne Street. Community Development Director Russell reviewed the request for a street vacation request for a 330-foot portion of unimproved Meadowlark Drive (south of McKusick Page 6 of 15 City Council Meeting 03-10 May 6, 2003 Lake) from Center Street to extended unimproved North Sherburne Street. He also stated that the Planning Commission recommended denial of the street vacation. He stated that a portion of the residence is on the City right-of-way. Councilmember Milbrandt asked what a municipal license for the encroachment on City right-of way would mean for the property owner. City Attorney Magnuson stated that a license provides there are vested rights to the property owner and should the right-of-way ever be improved or used by the public that the property owner would have to remove the garage from the right-of-way without compensation. He stated that right-of-ways are to be held for the benefit of all of the people and that the Supreme Court has said that a vacation should not be done for the benefit of a single property owner. Mayor Kimble opened the public hearing. Mr. David Haak, 504 Owens Street, owns four lots in the area. He provided a history of the area and stated that the lots are buildable and there is the ability to hook up to sewer, but if the street were vacated he would have no legal access to his property. He stated he is against the street vacation. He also stated that another neighbor has built a rock garden on the right-of-way of Meadowlark. He stated that there has been trees cut down without permission from the City and fill placed in the area. He stated that he estimated 30 truck loads of fill were placed between May and June of last year which is illegal and when this happened it caused storm water to come into his garden and Mr. Mutter pumped the water out of the wetland which is also illegal. Mr. Ronald Zaniewski, 1112 W. Linden, read a letter from Greg Solem, 1118 Linden stating that he was against the street vacation of both Meadowlark and Sherburne. Mr. Zaniewski stated he is opposed to both street vacations. He stated he owns three lots just below Mr. Haak's lots. He stated that he is not interested in building on this property but wants the area to be left alone. He stated that there is a sewer line in Meadowlark. He is also concerned about the dumping of the fill that caused runoff into the wetland. He felt that Mr. Mutter should pay for the land for his encroachment and it should not just be given to him. He is against the street vacation. Kenneth Kress, 403 N. Sherburne, stated that he is irritated at what was happening right under his nose. He stated that dump trucks would come at dusk and a bobcat would start. On weekends chainsaws would start up. He stated that he has contacted the DNR and they came out and looked at the situation. He stated that he is quite sure that the trees that were planted are on Sherburne Street, that seems to be a barrier for the property owner. He stated that the trees that were cut down were not cut down legally. He stated that the Browns Creek Watershed District and Minnesota Pollution Control Agency is also interested in this situation. He stated he was concerned that the fill placed in this area may be contaminated because it is unknown where it came from and Page 7 of 15 City Council Meeting 03-10 May 6, 2003 there was no erosion control. He requested careful consideration of this request and to preserve this area as a nature area. Mr. Haak stated that whoever sold Mr. Mutter the land should bare some of the responsibility for this situation because the owner knew that his garage was on City right-ot-way. He stated that his lot is large enough to remove this garage and put it somewhere else on the lot. Mr. Tim Luell, 503 North Center Street, stated he is in favor of the vacation of Meadowlark. He stated he was for the vacation of Sherburne because his driveway enters the easement, however he could not find any license for this driveway. He stated that he wishes that the vacation be preserved as it is and that a trail would go right in front of his property. Mr. Luell stated he asked the City for a permit and it was granted to place the rock garden on his property and right-of-way. Mr. Tony Mutter, applicant, stated that the reason he wanted the vacation is because his driveway and a neighbor's driveway crossed Meadowlark. He stated that Meadowlark was not being maintained, it was being used as a dumpsite and they got rid of the debris. He also stated he heard that there may be plans to put a trail or road through this area. Mr. Mutter stated that in response to the filling and cutting of trees he did not know he needed permisSion to cut trees. He stated that the question of fill relates to where the ravine starts and where does it end. He stated that he had deep holes, high and low and that is all he filled in. He stated that he wants the pristine and wildlife area and this is exactly why he wants Meadowlark vacated. He stated that a trail or road would devastate the area. He stated that the area filled was land, not the ravine area. Mr. Mutter presented an old McKusick Lake map that showed the original layout of the lake and the wetland. He stated that the reason he wants Sherburne vacated is because approximately 25 feet of his garage is on the Sherburne right-of-way. He stated that if a trail goes through this area, a trail would be 17-20 feet from his garage. He stated that a trail should not be proposed in a developed area and that a trail would devalue the home because of the vandalism aspect that a trail would bring to the properties. Mr. Tom Voves, 518 Owens, stated he owns the lot that would be directly affected by the Sherburne vacation. He stated he is in favor of the vacation. His main concern would be if a possible trail would be put in this area. He stated that the proposed vacation would not affect anyone else. Mr. Ken Kress stated that a concern for a trail should not be a concern because we all live on streets where more people come by and carry possessions off. He stated that trails are not used 24 hours a day like streets are. He stated that the issue of a trail by Mr. Mutter's and Mr. Voves home would be better than a street. He stated that there are rules and regulations that have to be followed and the interested agencies are waiting to hear what actions will be taken. He stated that it is illegal to change the water Page 8 of 15 I I City Council Meeting 03-10 May 6, 2003 flow. He stated that he has known about the proposed trail for many years. He stated he is against giving up City land. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he is against the vacation because of need for City access and its possible future use. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to deny the street vacation request for a 330-foot portion of unimproved Meadowlark Drive (south of McKusick Lake) from Center Street to extended unimproved North Sherburne Street. All in favor. Case No. SV/03-02. Request from Tony Mutter for a street vacation request for a 200-foot portion unimproved North Sherburne Street between McKusick Lake and extended unimproved Meadowlark Drive. Community Development Director Russell reviewed the request for a street vacation request for a 200-foot portion unimproved North Sherburne Street between McKusick Lake and extended unimproved Meadowlark Drive. He stated that a portion of the applicant's home is built on the right-of-way. He also stated that the Planning Commission recommended denial of the street vacation. He stated that Council, should they decide to deny the request, may consider a license for the applicant to address the portion of his home that is built on the right-of-way. Mayor Kimble opened the public hearing. Mayor Kimble indicated that the comments from the previous item would be considered for this public hearing. Mayor Kimble closed the public hearing. City Attorney Magnuson stated that if a municipal license were to be issued, the property owner would have to provide a survey and legal description. Motion by Councilmember Rheinberger, seconded by Council member Junker to deny the street vacation request for a 200-foot portion unimproved North Sherburne Street between McKusick Lake and extended unimproved Meadowlark Drive. All in favor. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger directing the City Attorney to prepare a municipal license upon receipt from the property owner of a survey and legal description for three (3) feet from the garage wall for Mr. Terry Mutter, applicant. All in favor. Page 9 of 15 City Council Meeting 03-10 May 6, 2003 Case No. V/03-31. Request from Matthew McGuire and Andrea Saterbak for a variance to the front yard setback (30 feet required, 12 feet requested) and bluff setback (100 feet required, 81 feet requested) for construction of a single family residence in the RB, Duplex Residential District and Bluffland/Shoreland Overlay District at 122 Lakeside Drive. Community Development Direc~orRussell reviewed the request for a variance to the front yard setback (30 feet required, 12 feet requested) and bluff setback (100 feet required, 81 feet requested) for construction of a single family residence in the RB, Duplex Residential District and Bluffland/Shoreland Overlay District at 122 Lakeside Drive. He stated that the Planning Commission has approved the request. Mayor Kimble opened the public hearing. Ms. Andrea Saterbak, applicant, stated that they have removed the roof deck to address the neighborhood concern. She requested that Council approve the variance. ~. , "I.',' Mayor Kimble closed the public hea~iF'ig; Motion by Councilmember Kriesel;, seconded by Councilmember Rheinberger approving the variance and directing the City Attorney to prepare findings of fact for approval at the next meeting, approving variance to the front yard setback (30 feet required, 12 feet requested) and bluff setback (100 feet required, 81 feet requested) for construction of a single family residence in the RB, Duplex Residential Districtand Bluffland/Shoreland Overlay District at 122 Lakeside Drive with conditions and. All in favor. , Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble. Nays: None ,i, ,;_~, ~ .'" Case No. ZAM/03-01. Request from City of Stillwater for a Zonina Ordinance Map Amendment for properties located at the corner of Orleans Street and Greeley Street from RA. Sinale Family Residential to RB. Duplex Residential. Multifamily Medium Density. RCM. Community Development D~rectpr,Russell reviewed the request to rezone properties located at the corner of Orleans Street and Greeley Street from RA, Single Family Residential to RB, Duplex Residential, Multifamily Medium Density, RCM. He stated that Council inquired about ;tbe9banging of the Parks Department property and that being the City owns the property any zoning change could be done at a future date. Mayor Kimble opened the public hearing. There were no public comments.,. Mayor Kimble closed the public hearirig. (-'j~'., t' : i '\, il~,fp'age 10 of 15 City Council Meeting 03-10 May 6, 2003 Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the first reading of an ordinance for a Zoning Ordinance Map amendment. All in favor. UNFINISHED BUSINESS Petition for Street Name Chanae - South 6th Ave. to South Broadwav and possible settina of public hearino Community Development Director Russell stated that the request to renaming a portion of 6th Avenue South to South Broadway was received by Council on December 3, 2002 and Council directed the issue to the Heritage Preservation Commission. He stated that the Heritage Preservation Commission reviewed the request and could not find significant historical impact if the name were changed and stated if Council wishes they could hold a public hearing to receive input from affected property owners. Mr. Russell stated that since the original petition was submitted the petitioner has requested an extension of the street name change from 6th Avenue South to South Broadway extending to Orleans. A resident on 6th Avenue South presented a petition to the Council requesting that the name change not take place. He stated that some of the original petitioners have retracted their support of the name change. Council member Rheinberger stated that he would be in favor of a public hearing. Mayor Kimble stated if 6th Avenue is changed, then what about 5th Avenue, 5th Street, etc. Council member Junker and Mayor Kimble stated that he has received 15-20 calls from people opposed to the name change and no calls in favor of the name change. Council member Kriesel supports tableing the issue. Mr. David Peroceschi, 811 6th Avenue South, stated that the people changed their mind without talking to him and hearing the entire story. He requested that a public hearing be done to hear what the people on 6th Street South have to say on the confusion of 6th Avenue South and 6th Street South. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to table this issue indefinitely, no action. All in favor. Second readino of an ordinance amendino Chapter 29. Section 29-91 entitled Sewer Service Charoes City Attorney Magnuson reviewed the ordinance. He stated that the change would allow the Council to set rates by resolution rather than by ordinance. Page 11 of 15 City Council Meeting 03-10 May 6, 2003 Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Ordinance 936, an ordinance amending Chapter 29; Section 29-91 entitled Sewer Service Charges. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Approval of plans and specifications and authorizinq advertisement for bids for 2003 Seal Coat Proiect Public Works Director Eckles reviewed the 2003 seal coat project. He stated that two other communities, West Lakeland and Baytown Township have asked to be including with the bidding of the project. He stated that the specifications indicate that the successful contractor would bill each community separately for the work completed. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-106, approval of plans and specifications and ordering advertisement for bids for 2003 seal coat improvement project (Project 2003-06). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Acceptance of bids and awardino contract for 2003 Street Improvement proiect Public Works Director Eckles reviewed the bids received for the 2003 Street Improvement Project. He stated that the bids came in 1 % over the engineer's estimate. He also stated that the low bid was received from Tower Asphalt in the amount of $858,854.70. Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-107, accepting bids and awarding contract for 2003 street improvement project (Project 2003-02). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Request for Citv Grant Match funds Community Development Director Russell stated that in January 2003 Council authorized staff to apply for a Certified Local Government Grant from the Minnesota Historical Society for the architectural study of the Staples & Mays Addition for the National Register Identification Study. He stated that the City received the grant, however it requires a City match of $4,500 and that due to Community Development Page 12 of 15 City Council Meeting 03-10 May 6, 2003 budget cuts, no funds for professional services are available. He asked Council to consider reinstating the matching funds. Council member Rheinberger stated that maybe the study should be skipped this year. Mayor Kimble stated that this study is part of a larger study and should be considered to be completed. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to table the issue until the next meeting to see what the legislative cuts will be when the session is over. All in favor. Approval of Dock Permit for St. Croix Boat & Packet City Administrator Hansen reviewed the dock permit for St. Croix Boat & Packet. He stated that the Planning Commission has reviewed and approved the permit and that the fees have been raised by 8.3%. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-108, approval of 2003 dock permit for St. Croix Boat & Packet Company. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Approval of final plat approval for Settler's Glen 3rd Addition Community Development Director Russell reviewed the final plat approval for Settler's Glen 3rd Addition. He stated that the applicant is agreeable to the conditions. however would like to discuss with Council the third condition that landscaping along County Road 15 and Boutwell shall be installed before final building permits are issued for townhouse site development. Mr. Bill Pritchard, Orin Thompson Homes, requested that the third condition be eliminated in lieu of a letter of credit in the amount of 150% of the improvements to insure the landscaping be done along the berm within 1 year of the final plat. He stated that the reason for this is that materials from the berm is needed to surcharge three lots due to poor soil conditions for a period of 4-6 months. Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-109, approving the final plat for Settler's Glen 3rd Addition subject to the following conditions: a development agreement shall be executed before final plat recording; the final plat shall meet with the City Engineer's approval for utility plans, easements and right- of-way dedication; and a letter of credit is received in the amount of 150% of the improvements to insure the landscaping be done. Page 13 of 15 City Council Meeting 03-10 May 6, 2003 Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COMMUNICATIONS/REQUESTS Request from StonebridQe Elementary School for a partnership with the City Mr. Robert Konbdrasuk, Stonebridge Elementary Teacher and Dawn Flinn, DNR Stewarship Education Coordinator & member of Park Board requested that the students of Stonebridge be allowed to help enhance and maintain the forest near the school and a partnership with the City. They stated that this partnership would allow the children to do future native plantings and the removal of invasive species such as buckthorn. They also requested that the City look into the possibility of certifying this forest as a DNR School Forest. They stated that by designating this a school forest would give access to free education resources from the DNR. Mayor Kimble stated that the City's forester should be involved in the project. Motion by Council member Milbrandt, seconded by Council member Junker to allow Stonebridge Elementary School students to help enhance and maintain the forest near the school and authorizing staff to investigate the possibility of designating this property as a DNR School Forest. All in favor. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 8:45 p.m. All in favor. ~~ ATTEST: ~d le2ud.. Diane F. Ward, City Clerk Resolution 2003-97, directing payment of bills Resolution 2003-98, Approving Personnel Policy Amendments to Sections 3-3, 13-3 and 14-8; Addition of Section 14-10 Resolution 2003-99, reapportioning special assessments for Parcel No. 29.030.20.44.0034 (1417 West Pine Street) Resolution 2003-100, approval of 2003 Art Fair Agreement Resolution 2003-101, approving Minnesota premises permit for gambling for John's Bar, 302 South Main Street, Stillwater, MN. Page 14 of 15 City Council Meeting 03-10 May 6, 2003 Resolution 2003-102, approval of McKusick Lake Boardwalk Improvements - Change Order No. 1 Resolution 2003-103, approving Minnesota premises permit for gambling for the Forest Lake Athletic Association at the St. Croix Music Cafe, 317 South Main Street, Stillwater, MN Resolution 2003-104, authorizing closing of fund Resolution 2003-105, Not used Resolution 2003-106, approval plans and specifications and ordering advertisement for bids for 2003 seal coat improvement project {Project 2003-06 Resolution 2003-107, accepting bids and awarding contract for 2003 street improvement project (Project 2003-02) Resolution 2003-108, approval of 2003 dock permit for St. Croix Boat & Packet Company Resolution 2003-109, approving the final plat for Settler's Glen 3rd Addition Ordinance 936, an ordinance amending Chapter 29; Section 29-91 entitled Sewer Service Charges. -I .- -.1 '''i d Page 15 of 15