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HomeMy WebLinkAbout2004-04-06 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-08 Council Chambers, 216 North Fourth Street April 6, 2004 REGULAR MEETING 4:30 P.M. Acting Mayor Junker called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Rheinberger, and Junker Council member Milbrandt, Mayor Kimble (arrived at 5:15 p.m.) Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles Acting Fire Chief Glaser Community Development Director Russell City Clerk Ward Planning Commissioners Robert Gag, Jerry Turnquist, David Middleton, Karl Ranum, David Peroceschi, and Mike Dahlquist Washington County Engineer Joe Lux OTHER BUSINESS Workshop on Boutwell Traffic Area Study Community Development Director Russell stated that the public hearing for this study is April 20, 2004, however this meeting is to provide you with information regarding the traffic study and if Council requests additional information prior to the hearing staff could provide that information. He reviewed the traffic study for the Boutwell Traffic Area which addresses current and future development in the area. He provided Council with recommendations by SRF Consulting Group. The Short Range Recommendations are 1) Encourage the development teams to orient planned streets and access points to encourage new development generated traffic to use Manning Avenue. 2) Encourage the development teams to connect Neal Avenue at the existing intersection of County Road 12 and Northland Avenue and at Boutwell Road. 3) The agencies should work together to manage access to Manning Avenue between Highway 36 and Highway 96 and actively support improvements that provide a high level of mobility on this important arterial facility. 4) The City should actively work with Stillwater Township to plan for and implement a north frontage road connection along Highway 36 between Manning Avenue and Stillwater Boulevard. The frontage road should be implemented as soon as possible and be designed to a minimum of 35 MPH. 5) The City should consider closing Deer Path at County Road 12/Myrtle Street to eliminate excessive "through" traffic on a narrower local neighborhood street with many driveway access points, short setbacks and no sidewalk. 6) The City should consider designation of Brick Street as a collector street with a long-range goal of reconstruction to shift the roadway to the west within the existing right-of-way plus add sidewalk, boulevard landscaping and screening, protected parking bays and driveway turn-a-rounds. This provides for increased safety and places higher volumes on a wider less developed street. 7) The City should consider designation of Brick Street as part of their Municipal State Aid System to enhance the funding options available to implement the improvements to Brick Street. 8) If traffic is City Council Meeting No. 04-08 April 6, 2004 shifted to Brick Street the County should install All-Way Stop Sign Control at the Brick Street intersections with Myrtle Street and Olive Street. 9) The City should monitor traffic conditions on Maryknoll Drive/Oak Ridge Road, Northland Avenue/Croixwood Boulevard, Neal Avenue, Boutwell Road and consider traffic calming measures should the volume and speed of traffic on these roadways become a concern. Mr. Joe Lux, Washington County, stated that the County Board has taken a position supporting the intersection at Neal and Northland should it be necessary to install traffic controls. Mr. Russell reviewed the long range recommendations of SRF Consulting Group which are 1) Once the Neal Avenue connection between Boutwell Road and County Road 12 is implemented the County should consider restricting the intersection of County Road 12 and Boutwell Road to a Right-In/Right-Out Only intersection. This recommendation is made to improve safety due to poor sight distance and intersection geometrics issues at this existing intersection. 2) The County should consider installation of Traffic Signal Control at the Brick Street intersections with Myrtle Street and Olive Street when conditions justify this traffic control. 3) Mn/DOT and the County could consider future reconstruction of the intersection areas of TH 96 at County Roads 15 and County Roads 5/55 to provide Modern Roundabout intersections. 4) The County should consider a follow-on traffic study to consider future traffic signal control and evaluate the need for geometric and/or lane use improvements at the intersection of Myrtle Street and Owens Street. 5) The County and City should work together to improve West Olive Street (add off-street sidewalk/trail and other possible roadway improvements) from southwest of Deer Path to Brick Street. Mr. Russell reviewed the planning commission's recommendations 1) Orient new Phase III expansion area development access to Manning Avenue by providing major project access from TH 96 rather than Neal Avenue 2) Connect Neal Avenue from Boutwell Road to the existing County Road 12 at Northland Avenue. 3) Construct sidewalks along Neal Avenue from TH 96 to County Road 12.4) Manage access to Manning Avenue between Highway 36 and Highway 96 and actively support improvements that provide a high level of mobility on this important arterial facility. 5) Work with Stillwater Township and the Bergmann Family to plan for and implement a north frontage road connection along Highway 36 between Manning Avenue and Stillwater Boulevard. The frontage road should be implemented as soon as possible and be designed to a minimum of 35 MPH. 6) Deerpath should be designated a collector and improved with sidewalks and possible traffic calming measures with street traffic enforcement. 7) Sidewalks should be constructed along one side of Brick Street from CR 12 to Pine Street. 8) Encourage Washington County to improve site distance and design of CR 5 west of Deerpath and construct sidewalk connection on west side of CR 5 from Deerpath to Fairmeadows. 9) Deerpath should be designated as part of the Municipal State Aid System to enhance the funding options available to implement improvements to Deerpath. 10) Monitor traffic conditions on Maryknoll Drive/Oak Ridge Road, Northland Avenue/Croixwood Boulevard, Neal Avenue, Boutwell Road, Deerpath and Brick Street and consider traffic calming measures should the volume and speed of traffic on these roadways become a concern. 2 City Council Meeting No. 04-08 April 6, 2004 Planning Commissioner Ranum explained that the commission struggled with this issue for a long time. He stated that the commission did not want to adopt a position of trying to vary the relative merits of a particular neighborhood. He stated that the commission's feeling was if the City maintained ready access, looking at flow north and south, that the more different routes available would probably provide less impact to a particular route or neighborhood. Councilmember Kriesel stated according to the traffic information in the study there aren't as many choosing Northland Avenue as Deerpath. He stated that if Boutwell is right in, right out all the traffic will have to go west and they would turn on Northland. He stated he did his own traffic studies and stated that the quickest route from the intersection of Northland and CR 12 to CR 5 and Croixwood Boulevard so people go through Croixwood to get to Cub. Mr. Ranum stated that is one of the very strong reasons that the Planning Commission's recommendation differs from the consultant's. Council member Rheinberger stated that Deerpath can not become a collector street because of the Olive entrance and it is extremely dangerous, a 6% downward grade (coasting effect problem), it is a blind/camouflaged approach especially on County Road 5, within Deerpath there are curved and narrow roads with inclines, blind sight lines, high density and limited front yard availability. He also stated that Deerpath should not become a cul-de-sac because residents should have free ingress/egress to their homes and having only one entry doubles the chances for dangers and accidents. He stated that the route should be Brick Street because it is the simplest, quickest, safest and most efficient. He reviewed his thoughts on the proposed improvements of Brick, Mrytle, Olive and Owens Streets. He also stated that a "no through traffic" sign be placed on Deerpath with police enforcement. He felt that Brick Street should be designated a county road. Councilmember Kriesel asked Police Chief Dauffenbach if it is possible to enforce a "no through street". Police Chief Dauffenbach stated that there are no laws that would allow them to enforce that sign. City Attorney Magnuson stated it would be difficult to enforce, but it would be used more for traffic calming. Councilmember Rheinberger stated that the sign would change people's habits. Council member Kriesel agreed with Councilmember Rheinberger on some of his points relating to safety and alignment and felt that Brick Street would be the best option. He stated that he would like more information on what will take place on Neal and Northland relating to time studies and traffic counts, etc. Public Works Director Eckles felt that it is the consultant's recommendation to funnel the traffic to one area and the planning commission feels that the problem should be distributed, however he felt that there could be middle ground, which is similar to the 3 City Council Meeting No. 04-08 April 6, 2004 planning commission, through traffic calming such as a parallel one ways which may not feel as invasive to the residents. He stated that there is no easy answer to the traffic problem. Council member Rheinberger asked Mr. Russell to provide information on what would happen if nothing is done or if one particular thing is done and reflects not only current conditions but also future conditions. Council member Junker stated that there are many cars with Wisconsin license plates that inundate Myrtle/Owens trying to find a cut through to Highway 36 by either Deerpath or Owens, they are not using Highway 95 south so that issue has to be kept in mind as well. Planning Commissioner Middleton stated that the new Neal Avenue will not line up with the existing Neal Avenue and it will go through a new development and eventually people will travel on Northland Avenue so why put the road there if it will not serve the purpose of providing a north/south travel pattern. He stated that the Croixwood development was developed in the 1970s and they did not want a major road going through the middle of the development. He stated that another issue is the 55 mph speed on County Road 12, so people will have to cut through traffic going 55 mph. He stated he was against bringing Neal all the way through, but if it did it should be right out only and directing traffic towards County Road 15. Council member Kriesel asked if there could be a center median. Mr. Lux stated that a problem with a center median is that people want to make a U turn. He stated that the price of a median to get people to a spot where they can make a U turn is $1 M. He also stated that the reason the County does not want three intersections is that they can not put three all-way stops within a ~ of a mile because it will slow the traffic down to a point where people find alternate routes to get out of town. Mr. Ranum stated that the Planning Commission debated the merits of parallel one ways and with the commission's recommendation for the intersection at Neal, and dealt with many of the issue's Mr. Lux talked about with the separation of intersections for traffic control. Mr. Lux asked Public Works Director Eckles if the City could designate Deerpath as an MSA street. Mr. Eckles explained the process of a MSA designation. He stated that with the designation of Boutwell Road as an MSA street it used up the City's bank for MSA streets, however once Settler's Glen is finished and the Palmer property is developed the City will have more mileage and that Neal Avenue is a good candidate for designation as an MSA street not because of the traffic volume but because it is more of a rural collector street. There are not a lot of accesses and not a lot of properties that can be assessed for the street improvement etc. so there are funding issues with Neal so a lot of the miles would be used up on Neal Avenue. He stated that it might be possible to find enough mileage to designate Deerpath or another street a MSA street. 4 City Council Meeting No. 04-08 April 6, 2004 Commissioner Middleton stated that the traffic generated from Settler's Glen and the development of the Palmer property needs to be looked at because traffic will be three times greater than it is right now. Commissioner Ranum stated that the Comprehensive Plan showed that Deerpath could be a collector street. Commissioner Middleton stated that the people on Deerpath knew what kind of street it was when they bought their homes, the people on Brick have always known what traffic they have so how can traffic be pushed from one street to another. He also stated that the Planning Commission did not want to start restricting roads within the City. Council member Kriesel stated that with regard to sight lines that Brick would be better for safety reasons. Mayor Kimble asked about the results of the right out turn out of Deerpath that was done because it seemed to be acceptable to everyone. He stated that he received positive feedback on this experiment and didn't recall any negative feedback. Commissioner Ranum stated that at a planning commission meeting the neighborhood group on Brick Street expressed the adverse impact that option had on them. He stated that there are neighborhood groups that will be vocal on this issue. Mayor Kimble thanked the Planning Commission for their work on this issue and that it won't be an easy decision because there are no clear cut answers to the problem and not everyone will be happy with whatever decision is made by the Council. Discussion on StaQe III Levee Proiect Public Works Director Eckles provided a history on the Levee Wall project and that the City is lobbying the State Legislature to extend the life of a state grant that would contribute $750,000 to the local share of the Stage 3 project. He stated that in 1994 the Corp of Engineers completed a Design Memorandum that spelled out and characterized the various stages of this project. He explained that the Design Memorandum described Stage 3 as a permanent f100dwall with a top elevation of 691' protecting to approximately a 50-year flood event. This protection was proposed to extend roughly from the Dock Cafe north to beyond the Desch Building and incorporated the proposed Lowell Park Plan. The idea for Stage 3 consisted of a design that would raise the parking lots along Lowell Park by approximately 3 feet. Doing so would allow the installation of a short wall of approximately 2% in height. In this way, an obtrusive wall would not impede the views of the river from downtown. He stated that the original Design Memorandum anticipated a project cost of approximately $11.8 million which is the amount authorized by Congress and that once the project is started this amount can be increased by as much as 20%. Therefore, the total project cost for all stages can approach $14 million dollars based on 1994 construction costs. He stated that the total expenditures for Stage 1 and Stage 2 amounts to approximately $6.5 million dollars. Therefore according to the Congressional approval roughly $7.5 million dollars is still available. 5 City Council Meeting No. 04-08 April 6, 2004 Given that so much time has passed since the completion of the original Design Memorandum and changes have occurred in the downtown area, Council determined it was important to reanalyze the various options for flood control in the downtown area prior to commencing Stage 3. Therefore, earlier this year staff began working with the consulting firm SEH to consider all the various options. SEH recently completed some preliminary planning efforts that have resulted in at least six distinct options for construction of a permanent flood protection system and he referred to a report, which showed each of these proposed options as well as a cost summary sheet. He requested that before proceeding any further with the analysis of the various options it would be advisable to limit the discussion to those options that are likely to be palatable to the City. He stated that the most significant defining characteristic of the various options is whether or not an option provides certifiable 1 DO-year protection which Option 4, 5 and 6 are the only ones that will achieve this level, however in order to proceed with these it would be necessary to get new Congressional authorization as well as additional appropriation. He felt that it could be a challenge to obtain the authorization and appropriations for these options. Mr. Eckles explained that the certified 1 DO-year protection is a much more substantial wall providing much easier and greater protection and that one of the biggest benefits should be that it provides FEMA certification and therefore eliminates the need for flood insurance. He stated that the option with the least number of challenges is to proceed with the Design Memorandum option. He stated that in conversations with the Corp of Engineers that anything beyond the protection level described in the design memorandum would require either a new authorization or the City's participation in the additional costs associated with a higher level of protection. He stated that the downside of the Design Memorandum option is that it barely provides 50-year protection and that the 1997 and 2001 floods would have required additional augmentation of the Design Memorandum design. Mr. Eckles explained that the Hybrid Option attempts to provide greater flood protection at a reasonable cost and has flexibility in a number of different possible layouts. He stated the Corp of Engineers would likely determine that it is the City's responsibility to pay for any protection provided above 691'. In the project that is shown this might result in a few hundred thousand dollars extra in City expenses. He stated that advantages and disadvantages of the minimalist option as well as the overall expense, this option doesn't appear to really provide much benefit to the community. Mayor Kimble stated that he would like to see a cost analysis of the benefit of assessing the extra costs as it relates to the reduction of flood insurance for the businesses. Council member Rheinberger stated he would be in favor of Option 1 because it is doable at the moment, concept helps retain the ultimate street right of way, move the community thinking ahead allowing for development yet unseen and will ultimately get to the 1 DO-year flood protection. 6 City Council Meeting No. 04-08 April 6, 2004 Council member Junker stated that FEMA would not certify a 50-year f100dwall so there is no benefit. He stated that the businesses on the west side of Main Street are not required to have flood insurance except for a couple on the south end. City Administrator Hansen stated in discussion with staff regarding the Downtown Plan that options 1 and 3 are the most viable. It was the Council consensus to proceed with further review of Options 1 and 3. STAFF REPORTS Mayor Kimble stated that he talked to the Police Department regarding a business tucking pointing and that the Police Department assured him there wouldn't be a problem because of the parking spaces being used. Chief Dauffenbach stated the department typically works with contractors when it comes to building remodels. Acting Fire Chief Glaser provided an update on the restroom remodel project. Public Works Director Eckles provided an update on the North Hill Project Phase I. He stated that that phase of the work should be completed by the end of May. He also stated that he is requesting approval of the plans & specifications and authorization for advertisement for bids at the 7:00 meeting for Phase II of the project. Mayor Kimble stated that a cave has been exposed and asked Mr. Eckles if the contractor could close that cave. City Administrator Hansen requested that if Council had any questions on the City's goals update memo to give him a call. Mayor Kimble stated he has received a letter from Erica Fultz requesting that the Curve Crest Trail be named after her mother, Mary Rita Peroceschi. He explained that Ms. Peroceschi worked very hard to have this trail built and recommended that Council approve the request. Motion by Council member Kriesel, seconded by Council member Rheinberger to name the Curve Crest Trail "Mary Rita's Walk" as a memoriam to Mary Peroceschi. All in favor. Mayor Kimble recessed the meeting at 6:20 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Rheinberger, Junker, and Mayor Kimble Councilmember Milbrandt Others Present: City Administrator Hansen Police Chief Dauffenbach 7 City Council Meeting No. 04-08 April 6, 2004 Public Works Director Eckles Acting Fire Chief Glaser Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the March 16, 2004 special meeting and regular meeting minutes and March 25, 2004 executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Plaque Restoration Proiect - Lions Club Mr. Mac Barlass, Lions Club, informed the Council about the Lowell Plaque Restoration Project in Lowell Park and provided a history of the plaque. He stated that the plaque has been missing for a long time and the Lions Club wishes to replace the plaque. He requested Council's approval of the project and stated that the Lions Club has a budget for the project so no contribution from this City is being requested at this time. Mayor Kimble thanked the Lions Club for the projects they have done in the community. Motion by Councilmember Rheinberger, seconded by Council member Junker authorizing the Lions Club to proceed with the project and that the correct spelling of "Appreciation" be placed on the new plaque. All in favor. Mr. Curt Newcomb and Mr. Jim Erickson representing the Business Owners Group (BOG) relating to the Trunk Highway 36 project presented the City Council with a position paper on the Trunk Highway 36 project. Mr. Erickson stated that it is not the organization's intension to slow the project down but to make sure that the City Councils of Stillwater and Oak Park Heights fully understand the impacts to the businesses along Highway 36. Councilmember Rheinberger stated that he did not want the project slowed down. Councilmember Junker asked if Mn/DOT agreed with the number of parcels and businesses impacted that they have listed in the position paper. Mr. Erickson stated Mn/DOT does not agree but it is one of the agenda items when they meet with Mn/DOT on April 15. He stated that they would work with Mn/DOT on this issue and want to provide Council with accurate information. Mayor Kimble thanked Mr. Erickson and Mr. Newcomb for providing the information. Mr. Phil Morrow, Red Bull Energy Drink, provided Council information on the proposed Tom Cat & Ful Tilt FMX Show. 8 City Council Meeting No. 04-08 April 6, 2004 Council directed Mr. Morrow to proceed through the process through the Parks Board and that he could come back to Council at the May 4, 2004 meeting at which time they would have a recommendation from the Parks Board. OPEN FORUM Mr. Jim Kosmoe of Bayport informed the Council of an Adult Pinewood Derby race fundraiser for the Boy Scouts that will be held on Saturday, May 1, 2004 at the Stillwater Area VFW CONSENT AGENDA Motion by Council member Rheinberger, seconded by Council member Junker to approve the Consent Agenda with the modification to Northeast Suburban Conference on the list of bills from $5,173.00 to $4,851.00. All in favor. Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-69, directing payment of bills Resolution 2004-70, approving Minnesota premises permit for gambling for Bayport American Legion Post 491, located at Ruby Begonia's, 112 North Main Street, Stillwater, MN Approval of maintenance agreement for OTG imaging software Resolution 2004-71, approval of the 2004 Fall Colors Fine Art And Jazz Festival Agreement Approval of gambling permit - Dystrophic Epidermolysis Bullosa Research Association of America, Inc. - Oak Glen County Club - August 7,2004 Resolution 2004-72, accepting work and ordering final payment for 2002 Sidewalk Rehabilitation (Project 2002-11) Approval of request by Hope House to close portion of North Everett Street on Saturday, May 8,2004 for annual fundraising auction Possible approval of gambling permit for Minnesota Ovarian Cancer Alliance - Oak Glen Country Club - August 20, 2004 Resolution 2004-73, closing of fund Resolution 2004-74, approval of Change Order for North Hill Phase I Project - watermain replacement Resolution 2004-75, approving Labor Agreement with Law Enforcement Labor Services, I nc. representing Stillwater Police Sergeants (Local No. 254) PUBLIC HEARINGS Case No. SUP/04-12. This is the date and time for a public hearinq to consider a request from American Classic Homes for Final PUD approval for Libertv Villaqe 3rd Addition. Lot 6. Blk 1. 15.433 square feet. located on New EnQland Place in the VC, Villaqe Commercial District. Case No. PUD-F/04-13 and a request from American Classic Homes for a Special Use Permit 9 City Council Meeting No. 04-08 April 6, 2004 for a 4.652 square foot office buildina in the Libertv VillaQe Commercial Development located on XXX New EnQland Place in the VC. VillaQe Commercial District. Community Development Director Russell reviewed the request for final PUD approval for one 15,433 square foot site in the Village Commerical District. He stated that the request was approved by the Planning Commission on March 8, 2004 and by the Heritage Preservation Commission on March 10, 2004. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to approve the Special Use Permit for American Classic Homes for Final PUD approval for Liberty Village 3rd Addition, Lot 6, Blk 1, 15,433 square feet, located on New England Place in the VC, Village Commercial District. Case No. PUD-F/04-13 and a request from American Classic Homes for a Special Use Permit for a 4,652 square foot office building in the Liberty Village Commercial Development located on XXX New England Place in the VC, Village Commercial District, subject to the conditions by the Planning and Heritage Preservation Commissions. All in favor. Case No. 5UB/04-14. This is the date and time for a public hearina to consider a request from Michael Hoefler. The Architectural Network. for a preliminary plat to combine three lots (Lot 1 - 15.245 square feet. Lot 2 - 92.261 square feet. Lot 3 - 1.614 square feet) into one lot of 109.120 square feet (2.51 acres) for the construction of Stillwater Mills on Main consistina of retail shops. three levels of condominium units. 98 units. and a two-level parkina aaraae located at the northwest corner of Main Street North and Mulberry Street in the CBD. Central Business District. Community Development Director Russell reviewed the request from Michael Hoefler, The Architectural Network, for a preliminary plat to combine three lots (Lot 1 - 15,245 square feet, Lot 2 - 92,261 square feet, Lot 3 - 1,614 square feet) into one lot of 109.120 square feet (2.51 acres). He stated that this project was originally called Arbors on Main, but they have changed the name to Stillwater Mills. He also stated that the Planning Commission reviewed the request on March 8, 2004 and recommended approval. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-76, approving the subdivision and preliminary plat for Stillwater Mills on Main. Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble 10 City Council Meeting No. 04-08 April 6, 2004 Nays: None UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Possible approval of resolution acceptina library accessibilitv arant City Administrator Hansen stated that the Minnesota Department of Education has approved a $150,000 Public Library Accessibility Grant. He stated that the library has been advised that they need to provide additional assurance that the library and City intend to proceed with the library expansion project to secure the grant. He stated that even though there are still many questions regarding the library expansion, it does have the council's approval by a prior resolution. He stated that he asked City Attorney Magnuson to prepare a resolution to secure the grant, but word it so that the Council would not be bound if circumstances change regarding the library. Council member Kriesel wants to confirm that the passing of this resolution in no way commits the City to the project at this point should circumstances change. He knows there has been discussions in the community on the library whether it should move forward or whether to step back. Council member Rheinberger stated that he is not in favor of adopting this resolution because it suggests that the City affirms the funding, it sends false expectations that the group expects the $5M from the City. He stated optimistically the City may fund up to $1M and the City, is not going to be able to pick up more than the 10% operating expenses the City currently pays and will probably be far less. He figured that the City has $6M until limits are met and there is approximately $10M for downtown improvements, $10M for street improvements, $1 M for old athletic field, $1-2M for new fire station, and possibly $500,000 - $1 M in cost overruns for the North Hill project and more not mentioned. He felt that there might not be money available for additional recreational reading and sending false pretenses that the City will be able to have this funding. Council member Kriesel stated that he is in agreement with some of Councilmember Rheinberger's points however should the funding be found for the library expansion he would hate to see the library miss out on this grant. He stated that he agrees that the City will have to look at the capital expenditures of the City overall. He felt it was premature to say that the City can't help fund the expansion. Councilmember Rheinberger stated that maybe an independent group could give a second opinion because he does not think the City can afford it, but others say the City can. Council member Junker stated that the library group has secured/pledge $2.1 M and this grant allows them to receive another $150,000. He stated that this grant does not commit the City to the project, but a way to continue with the pledge drive. 11 City Council Meeting No. 04-08 April 6, 2004 Mayor Kimble stated that if the resolution is approved it sets aside $150,000, if it is not approved the $150,000 is gone and felt the resolution should be approved. Motion by Councilmember Junker, seconded by Councilmember Kriesel to adopt Resolution 2004-77, a resolution accepting accessibility grant. Ayes: Council members Kriesel, Junker and Mayor Kimble Nays: Council member Rheinberger Request for support for ArtReach Alliance Mayor Kimble reviewed the request for support in the amount of $2,000 for ArtReach Alliance. City Administrator Hansen stated that this amount for Art Reach Alliance was in the 2004 budget. Motion by Councilmember Kriesel, seconded by Council member Rheinberger authorizing the $2,000 expenditure for ArtReach Alliance. All in favor. Possible approval of special event request - ArtReach Alliance Community Development Director Russell reviewed the special event request for the use of sandwich boards for the Art Crawl. He recommended that ArtReach Alliance could come up with other creative ways for signage during the Art Crawl. Mayor Kimble asked how many sandwich boards were involved. Ms. Jammi Blair-Hanson stated that 25 sandwich boards would be used and that the height is 3 feet and width would be 1 foot. Council member Junker stated that these sandwich boards are bigger than what was approved for the Chamber's Movies, Market and Music request and that there were not as many. Council member Rheinberger stated that he would be in favor of the request because it is only a one time event. Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the request for the special event with the use of sandwich boards. Ayes: Councilmember Rheinberger Nays: Councilmembers Kriesel, Junker and Mayor Kimble Motion by Council member Rheinberger, seconded by Councilmember Kriesel to approve the request for the special event without the use of sandwich boards, directing the Community 12 City Council Meeting No. 04-08 April 6, 2004 Development Director to work with ArtReach Alliance on a different way to provide direction during the Art Crawl and authorizing the Community Development Director to give approval on the agreed upon method for directional signage for the art crawl. All in favor. Possible approval of resolution of support for the desiqnation of a St. Croix Valley Scenic Bvwav Mr. Clarence Nelson, St. Croix Valley Coalition, reviewed the proposed scenic byway that would start in Denmark Township and continue through Stillwater and Washington County. Council member Kriesel asked if passing this resolution would provide another obstacle for the new bridge or compromise the City's position for the new bridge. Mayor Kimble he did not believe it would. He stated that the Byways Commission is Mn/DOT, DNR, State Historical, and Office of Tourism and didn't think Mn/DOT would sign off on it. Mr. Nelson stated that the designation of the route imposes no financial or legal requirements on the City. Councilmember Rheinberger expressed concern that there would be more City traffic and change in the traffic mix if Highway 95 became a scenic byway and that people would not be stopping in Stillwater and would choke off existing businesses. Mr. Nelson stated he doesn't have statistics or studies, however he believes that people will stop in Stillwater because of what it offers, but it could have a 6-8% increase in people going or stopping in Stillwater. City Attorney Magnuson stated that the question on the bridge issue would be what the classification the road would have as far as environmental review. He stated that the classification where the bridge approach would be is designated Aiple Park, and there is no more sensitive land use designation which is 4F property so it would not matter if another level of protection was put on that stretch of road. He stated that it may provide another lobbying group, but that there are so many involved right now, one more is not going to matter. Motion by Councilmember Kriesel, seconded by Council member Rheinberger to adopt Resolution 2004-78, a resolution of the City Council of the City of Stillwater to support the designation by the state of a St. Croix Valley Scenic Byway. Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of special event request - Stillwater Art Guild Gallery - Randall Radunz Community Development Director Russell reviewed the special event request for the Stillwater Art Guild Gallery. 13 City Council Meeting No. 04-08 April 6, 2004 Motion by Council member Rheinberger, seconded by Councilmember Kriesel approving the special event request Stillwater Art Guild Gallery to be held on Saturday, April 24, 2004. All in favor. Possible approval of special event request - JFDMC Mayor Kimble reviewed the request by JFDMC for assistance in the stopping of traffic for their motorcycle fund raiser. Police Chief Dauffenbach stated that the motorcycles would not be coming through Stillwater as they did last year. He stated that there are only two intersections that would be affected in Stillwater, Highway 96 at Owens and Highway 96 and Highway 95. He also stated that he has summer CSOs that would be available to do this. Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the JFDMC special event request for traffic assistance. All in favor. Possible acceptance of bids and awardina contract for Curve Crest trail proiect Public Works Director Eckles reviewed the bids for the Curve Crest trail project with a low bid submitted by T.A. Schifsky & Sons, Inc. in the amount of $143,304.75. He stated that the engineer's estimate was $290,000 and that T.A. Schifsky & Sons, Inc. has worked with the City and staff has been pleased with their work. He recommended accepting the bids and awarding the contract to T .A. Schifsky & Sons, Inc. Mayor Kimble stated that a trail would be from Greeley to Highway 5 and that at the 4:30 meeting Council designated this trail as the Mary Rita's Walk. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2004-79, accepting bids and awarding contract for Curve Crest Boulevard Trail Project. Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of plans and specifications and authorizina advertisement for bids for North Hill Proiect Phase II Public Works Director Eckles requested that Council approve the plans and specifications for the North Hill Project, Phase II and authorize the advertisement for bids for the project. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-80, approve plans & specifications and ordering advertisement for bids for North Hill Project Phase 2 (Project 2000-15). Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: None 14 City Council Meeting No. 04-08 April 6, 2004 Possible acquisition of tax forfeit land Mayor Kimble reviewed the memo from City Clerk Ward relating to three tax-forfeit properties available to the City. He stated that two of the properties would be beneficial to the City. Councilmember Rheinberger asked if there are any costs to the City. City Attorney Magnuson stated there is no cost if the City uses the property as open space or roadway and if it was used for anything else the City would have to apply to the state. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2004-81, authorizing the City to apply for the reconveyance of tax-forfeited lands. Ayes: Council members Kriesel, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval to advertise the sale of 1975 Ford Fire EnQine Acting Fire Chief Glaser reviewed his request to advertise the sale of the department's 1975 Ford Fire Engine. He stated that the new engine will be delivered in September and that the department will not need this engine. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2004-82, authorizing advertisement for bids for 1975 Ford Fire Engine. Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: None Trail Plan Update Community Development Director Russell stated that the City of Stillwater Trail Plan was adopted in 2000 and since that time, several trail improvements have been made. He stated that trail and sidewalk improvements made since plan approval are Mulberry Ravine Trail McKusick Lake Trail, County Road 5/12 connector (Our Savior's), Brown's Creek Natural Trails Curve crest Trail Extension (Bradshaw), County Road 15 trails (62nd to CR12), Nightengale/62nd Trail Connection, Holcombe Street (Junior High to Greeley), Willard Street (Greeley to Holcombe). He also stated that in 2004, two trail projects the Curve Crest Trail will connect Greeley to the Market Place area and County Road 5 are scheduled. Trail improvements are also scheduled for Croixwood connecting Wildpines and Parkwood Lane along County Road 5 to Curve Crest. Mr. Russell stated that other trails near term priority include Boutwell Road Trail (CR 12 to CR15), Long Lake Trail Extension (72nd Street to CR12 and CR12 to Boutwell), 15 City Council Meeting No. 04-08 April 6, 2004 County Road 5 sidewalk (Dundee to Deerpath), Neal Avenue (TH 96 to County Road 12), Brown's Creek (McKusick Road to TH 96), CR 15 (CR12 to TH 96). Mr. Russell suggested that the trail plan be amended to enable the city to have them improved as a part of grant project development, county or state road project or as possible trail private projects to include TH 96, County Road 15 to CR5, South Twin Lake Trial, TH 96 to Brown's Creek, McKusick Road trail extension, Neal to CR15 and Curve Crest extension (Bradshaw to 62nd). He stated that with these trail additions; the expansion area will be well connected to the existing city and county trail systems. He asked that Council refer new trail addition recommendations to Parks Board and Planning Commission for consideration of Trail Plan Amendment. Councilmember Rheinberger asked that a trail along Highway 95 be added to the trail plan because of the area, development downtown and possibly receive T21 financing. Mr. Russell stated that the City could work with the State to get this trail on the regional trail plan which was adopted a couple of years ago. Council member Kriesel thanked Mr. Russell and everyone who is involved in the trail plan because they have done a great job on the trail system. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to refer the new trail addition recommendations to Parks Board and Planning Commission for consideration of Trail Plan Amendment and include the Highway 95 trail. All in favor. STAFF REPORTS (Continued) Police Chief Dauffenbach reminded the audience that the Police Department would be hosting a dog and bike license clinic on April 17, 2004 from 9:30 -12:00 p.m. He recommended that residents license their bikes because if they are stolen or lost this license will identify the owner. He stated that every year they have numerous bikes that go to auction because they cannot find the owner. Public Works Director Eckles made an announcement relating to responsible pet owners with residents not cleaning up after their pets in the City's parks. He stated that the City just recently removed the restriction of no dogs in the parks. He stated that it has become a public safety health issue and that residents must do their part. He stated that enforcement has been done and will continue. He stated that if the situation does not improve the ordinance might have to be revisited. Council member Kriesel agreed with Mr. Eckles. He stated that there are many responsible owners, but there are a lot that are not doing what they need to do. He stated that there are documented cases where kids have gotten sick because of pet waste. Council member Rheinberger asked what would be the fine. City Attorney Magnuson stated this violation would be a misdemeanor and the judge would set a fine. 16 City Council Meeting No. 04-08 April 6, 2004 ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 9:25 p.m. All in favor. ATTEST: ~daJa?oL Diane F. Ward, City Clerk Resolution 2004-69, directing payment of bills Resolution 2004-70, approving Minnesota premises permit for gambling for Bayport American Legion Post 491 , located at Ruby Begonia's, 112 North Main Street, Stillwater, MN Resolution 2004-71, approval of the 2004 Fall Colors Fine Art And Jazz Festival Agreement Resolution 2004-72, accepting work and ordering final payment for 2002 Sidewalk Rehabilitation (Project 2002-11) Resolution 2004-73, closing of fund Resolution 2004-74, approval of Change Order for North Hill Phase I Project - watermain replacement Resolution 2004-75, approving Labor Agreement with Law Enforcement Labor Services, Inc. representing Stillwater Police Sergeants (Local No. 254) Resolution 2004-76, approving subdivision and preliminary plat for Stillwater Mills on Main. Resolution 2004-77, a resolution accepting accessibility grant Resolution 2004-78, a resolution of the City Council of the City of Stillwater to support the designation by the state of a St. Croix Valley Scenic Byway. Mayor Kimble reviewed the request by JFDMC for assistance in the stopping of traffic for their motorcycle fundraiser. Resolution 2004-79, accepting bids and awarding contract for Curve Crest Boulevard Trail Project Resolution 2004-80, approve plans & specifications and ordering advertisement for bids for North Hill Project Phase 2 (Project 2000-15) Resolution 2004-81, authorizing the City to apply for the reconveyance of tax forfeited lands Resolution 2004-82, authorizing advertisement for bids for 1975 Ford Fire Engine 17 L_