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HomeMy WebLinkAbout2005-04-19 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-09 April 19, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present:City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Community Development Director Russell Finance Director Harrison City Clerk Ward APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the April 5, 2005, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of 11th Annual Heritage Preservation Awards Mayor Kimble and Howard Lieberman, chair of the Heritage Preservation Commission, presented the 11th Annual Heritage Preservation Awards. Recipients were: Toy Lounge for signage; Whitey's for new facade; Arcola Building for renovation project. The Warden's House Museum was the recipient of the Heritage Award. Proclamation: ValleLr Reads Day -Monday, April 25, 2005 Mayor Kimble read the proclamation designating Monday, April 25, 2005, as Valley Reads Day. He noted the reading selections, "Two Old Women," "The Giver: and "Wilfred Gordon McDonald Partridge," and urged residents to participate in Valley Reads. OPEN FORUM No one was present who wished to address the Council. STAFF REPORTS Police Chief Dauffenbach informed the Council that Sgt. Art Sievert would be retiring May 3, 2005, after 28 years of service. Chief Dauffenbach expressed his thanks to Sgt. Sievert for his years of service to the department and the community. Mayor Kimble expressed the Council's congratulations and appreciation. City Council Meeting - 05-08 April 19, 2005 Public Works Director Eckles informed the Council that an open house is scheduled for May 2 to provide information and receive comments regarding the 2005 street improvement projects. The open house for Deer Path residents will begin at 6:30 p.m., followed by a session for South Hill residents at 8:15 p.m. Mr. Eckles stated that notices also would be sent to affected property owners. City Administrator Hansen reminded Council members and departments heads of the April 22 goal workshop. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to approve the consent agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-81, directing payment of bills Possible approval of special event for Hope House Possible approval of Veterans Memorial activities Resolution 2005-82, resolution of the City Council regarding expenditure for Boards & Commissions PUBLIC HEARINGS This is the date and time for a public hearing to consider a new Off-Sale liquor license for Wine Child Inc. DBA: Wine Styles to be located at 124 North Main Street, applicant David Cagel. Notice was published in the Stillwater Gazette on April 8, 2005. City Clerk Ward informed the Council that if the new license is approved, it should be done contingent on the application being approved by the City Police, Fire, Finance and Building departments and the Minnesota Liquor Control. Mayor Kimble opened the public hearing. No comments were received and the hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Harycki, adopt Resolution 2005-83, Approving New Off-Sale Liquor License for Wine Child, Inc., DBA: Wine Styles. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None This is the date and time for a public hearing to consider a new Wine & Strong Beer liquor license for Cesare's Marketplace LLC DBA: Cesare's Market Place located at 610 Main Street N. Suite 100 applicant Leslie Alexander. Notice was published in the Stillwater Gazette on April 8, 2005. Page 2 of 9 City Council Meeting - 05-08 April 19, 2005 This is the date and time for a public hearing to consider a new Off-Sale liquor license for Cesare's Marketplace. LLC, DBA: Cesare's Market Place located at 610 Main Street N., applicant Leslie Alexander. Notice was published in the Stillwater Gazette on April 8, 2005. City Clerk Ward said as with the previous liquor license, approval should be contingent on approval by the Police, Fire, Finance and Building departments and the Minnesota Liquor Control. Mayor Kimble opened the public hearings. No comments were received and the hearings were closed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-84, Approving New Wine With Strong Beer Liquor License for Cesare's Marketplace, LLC, DBA: Cesare's Marketplace and Resolution 2005-85, Approving New Off- Sale Liquor License for Cesare's Wine Shop, LLC, DBA: Cesare's Wine Shop. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna, and Mayor Kimble Nays: None UNFINISHED BUSINESS Farmers Market Proposal for 2005 Community Development Director Russell stated representatives of the Farmers Market and the Veterans Memorial Committee had meet on two occasions and had worked out a compromise agreement, which will allow the Farmers Market to continue to use the River View parking lot for 2005. The agreement calls for the Farmers Market to occupy the west quadrant of the lot to minimize possible conflict of uses, west of the engraved memorial pavers. The Market will occupy the northern portion of the west quadrant with some customer parking provided in the southern portion of the quadrant. The Market is requesting three signs and a directional indicator and is proposing to pay one-third of the cost of providing a portable toilet facility, he said. Mr. Russell stated it is staff's recommendation that there be a formal agreement with the Farmers Market allowing the use for 2005. He stated he had talked with Parks Director Tim Thomsen regarding the proposal to provide a portable toilet. He said Mr. Thomsen indicated the City would have no use for such a facility except when the lot is being used by the Market, and he expressed a concern that the toilet might be an attractive nuisance. Councilmember Junker expressed his appreciation to both the Farmers Market and Veterans Memorial people for their efforts in reaching a compromise. He stated he had no problem with allowing the requested signage and also said he felt the toilet was a needed amenity, although he said he felt there should be some sensitivity as to its placement. Mayor Kimble noted that the agreement is for one year only and if the porta- potty is a problem, it can be eliminated next year. Councilmember Polehna said the cost of such a facility is only about $60 a month and stated he thought the Farmers Market should be responsible for the entire cost. Councilmember Milbrandt said he thought the City should pay a part of the cost of the facility, but expressed a concern about the possibility of it becoming a nuisance. Page 3 of 9 City Council Meeting - 05-08 April 19, 2005 Councilmember Harycki agreed that the City should pay a portion of the cost. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt directing staff to prepare an agreement with the Farmers Market, with the City to pay two-thirds of the cost of providing a portable toilet facility. All in favor. Councilmember Milbrandt agreed to second the motion if Councilmember Harycki would amend the motion to indicate that if the portable toilet becomes a nuisance, it will be removed. Councilmember Harycki agreed to amend his motion as suggested. Councilmember Polehna asked about the City's liability for any property damage. City Attorney Magnuson will check into that issue. Possible approval of 2005 Lumberjack Days Agreement City Administrator Hansen said the agreement has changed very little from the previous language. Changes included: specifying that the celebration concludes following Sunday's parade; changing the language regarding St. Croix Events responsibility for reimbursing the City for the cost of police and fire services to indicate that cost is estimated at $34,200, rather than "not to exceed" $34,200; adding language to indicate that the Entertainment Committee must review and approve the media advertising campaign before that campaign is implemented; and adding language to indicate the Lumberjack Days Association is responsible for cleaning up Lowell Park and sweeping streets in the downtown area impacted by the celebration following the close of the celebration. Mr. Hansen indicated that Mr. Eckberg was in attendance should the Council have any questions. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-86, Approval of 2005 Lumberjack Days Agreement. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible second reading of an Ordinance No. 957 amending Chapter 52, Section 52-11, Child Curfew City Attorney Magnuson said the proposed ordinance would bring the City's ordinance in compliance with the County's ordinance. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Ordinance No. 957, amending Chapter 52, Section 52-11, Child Curfew. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Possible approval of variance request for septic system for 2240 Orwell Court N. Community Development Director Russell explained that a variance is required for installation of a new septic system to serve the property. The variance is due to the Page 4 of 9 City Council Meeting - 05-08 April 19, 2005 configuration of the property. A resolution is required, as it is a variance from state code. Mr. Russell noted the septic system, itself, would meet all code requirements. The building official has reviewed the property and recommends approval. Mayor Kimble noted that the new system is necessary to replace a failed system, and there are no other alternatives for location of the new system. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, moved to adopt Resolution 2005-87, Approval of Variance Request for Septic System for 2240 Orwell Court N. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval to advertise for an investigator for architectural survey Community Development Director Russell said the City, as it has for the past several years, has received a $6,000 state grant to conduct an architectural survey. This year, the money will be used to incorporate the previous surveys into one combined document. Generally, he said, the City matches the state funding from Community Development and volunteer work by the Heritage Preservation Commission. If the Council authorizes advertising for an investigator/consultant to do the work, the Heritage Preservation Commission will review proposals and make a recommendation to the Council. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve advertising for an investigator to conduct the architectural survey. All in favor. Possible approval of Boutwell Road Improvement Feasibility Study and Calling for Hearing Public Works Director Eckles briefly reviewed the proposed project. He stated when Boutwell Road was annexed to the City in 2001, the intent was that the road would serve as a collector street. Currently, the road is substandard in design for a collector street. Plans call for widening the street to 26' with an urban section design including curb and gutter, which should serve as a traffic calming measure, he said. In addition, plans are to plant boulevard trees, another traffic calming measure. A paved trail will be constructed on the north side of the road. Plans also include installation of trunk facilities to accommodate future development in the area. Total cost of the project is slightly more than $2 million -- $1.2 million for the street and trail; about $557,000 for sanitary sewer and $231,300 for water main. There are only seven assessable properties in the project area; assessments of $5,900 per parcel would generate about $35,000. The cost of truck utilities would be recovered at the time of development through trunk area fees of about $15,000 per acre. State aid funding of $1.2 million would account for the majority of the project funding, as proposed. Mr. Eckles noted the public hearing is required in order to assess the seven properties. There was some discussion as to possible improvements to the Boutwell/County Road 12 intersection. Mr. Eckles stated there is not a lot that can be done to the intersection Page 5 of 9 City Council Meeting - 05-08 April 19, 2005 due to its location on the hill. However, he said, shifting the location slightly should provide enough room for construction of right and left turn lanes and possibly a by-pass lane. Plans also call for a guardrail on Boutwell. Mr. Eckles stated the City would have to coordinate and discuss plans with the County. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, adopting Resolution 2005-88, Resolution Receiving Report and Calling Hearing on Boutwell Road Project (Project 2005-05). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of credit card processing for City Hall and agreement with RevTrak Finance Director Harrison stated there has been a lot of interest expressed in the use of credit cards to pay for certain City services. Currently, she said the City processes credit cards for the downtown parking machines and for donations for the Stillwater Library renovation/building project. Currently, two vendors are needed to process cards -one for the merchant transaction and another for software to communicate the transactions. In addition, if credit card availability were added to the City's web site, a third vendor would be needed for a web store. Ms. Harrison stated staff has met with representatives of a firm, RevTrak, which provides all of the necessary services -the merchant account; secure web store and maintenance of the web store; software support and upgrades; and training. Cost is $89.95 per month, with a credit card reader fee of $4.95 per month. Should the City process $350,000 in payment for services using credit cards, the cost would be $7,000-$9,000. It was staff's recommendation to pursue an agreement with RevTrak. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-89, Approval of Agreement with RevTrak. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of plans & specifications and ordering advertisement for bids for 2005 Seal Coat Improvement Project (2005-06) Public Works Director Eckles reviewed the streets proposed to be seal coated. $100,000 was budgeted for seal coating and crack sealing in 2005. Estimated cost for seal coating is $84,000, with the remainder to be spent for sealing cracks. The Downtown Parking Commission has agreed to seal coat six parking lots; estimated cost is $15,200 to be paid by the Downtown Parking Commission. In addition, Stillwater Township has expressed an interest in participating in the bidding of the project. Mr. Eckles noted that increasing the quantities in the bid proposal generally results in better bid prices; the individual communities are billed separately. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to adopt Resolution 2005-90, approve Plans & Specifications and Ordering Advertisement for Bids for 2005 Seal Coat Improvement Project (Project 2005-06) Page 6 of 9 City Council Meeting - 05-08 April 19, 2005 Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible accepting of bids and awarding contract for the 2005 Street Improvement Project Public Works Director Eckles stated the City had received six bids for the 2005 street improvement project, with the low bid of $779,879.50 submitted by Miller Excavating. The bid included $32,000 for the extension of sidewalks of South Fifth Street. Depending on the ultimate decision on whether to proceed with the sidewalks, Mr. Eckles noted that the project is about 10 percent less than estimated. He said the Council could add an additional street to this year's work. However, he said adding another street at this late date might result in a project time crunch due to the public hearing requirements. He stated it would be staff's recommendation to go with the current project proposal and look at doing more work in 2006. Mr. Junker stated he had scheduled a meeting for Saturday, April 23, to receive input on the sidewalk issue. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt Resolution 2005-91, Accepting Bid and Awarding Contract for 2005 Street Improvement Project (Project 2005-02). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of resolution relating to the St. Croix River Crossing Project City Administrator Hansen stated this action is required in order to fulfill the City Charter requirements that come into play any time there is a change in city-owned property. This action specifically deals with changes to Lowell Park, Kolliner Park and the Municipal Barge Facility property as part of the mitigation for the new St. Croix River Crossing. Mr. Hansen said a hearing is scheduled for May 17 at which time MnDOT has been invited to display proposed changes. Mr. Hansen stated he thought plans were positive changes. The proposal calls for pedestrian and bike trails on both sides of the river. Councilmember Polehna noted the Parks Board had expressed concerns previously about the disposition of Kolliner Park and said he thought the proposed plans looked good. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-92, authorizing the publication of mitigation items that would affect City property. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) Mayor Kimble recognized Stillwater Area High School students from Ms. Ferguson's and Ms. Damian's classes and thanked them for their attendance. Page 7 of 9 City Council Meeting - 05-08 COUNCIL REQUEST ITEMS April 19, 2005 Councilmember Harycki said he had spoken with staff about the placement of additional trash receptacles in parks and the McKusick Ravine. He also stated he had received a request from neighbors near Staples Field that they be allowed to install a hockey rink at the former basketball court. The neighbors would maintain and install the rink at no cost to the City, he said. Councilmember Polehna pointed out the Parks Board had previously discussed the concept of a hockey rink there and felt the rink would cause more disruption to neighbors than a basketball court. Councilmember Milbrandt said the neighbors should be encouraged to bring their request to the Park and Recreation Board. Councilmember Junker asked that staff investigate the possibility of getting a new, upgraded portable toilet facility for the downtown. He stated he had talked with a representative of On Site Sanitation about the new portable facilities that are available. He said such a facility would be a nice alternative for visitors until there is funding to build a brick and mortar facility. He suggested that the City could perhaps obtain the upgraded portable facility from May through September. Councilmember Milbrandt, seconded by Councilmember Harycki, moved to direct staff to talk with On Site Sanitation about the possibility of obtaining such a facility. All in favor. STAFF REPORTS (continued) Community Development Director Russell reported that the railroad track rails from Nelson to Laurel Street were to be removed the following week. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Junker to adjourn at 8:25 p.m. All in favor. A student asked a question about the status of the St. Croix River Bridge after the meeting was officially adjourned. Mayor Kimble briefly responded -the federal Environmental Impact Statement is to be released in the very near future; the Stakeholders group is to meet again in July; funding efforts are underway in Congress. If all goes well, construction of a new bridge could begin in 2007-08, with completion in ATTEST: Diane F. Ward, City Clerk le, M or Page 8 of 9 City Council Meeting - 05-08 April 19, 2005 Resolution 2005-81, directing payment of bills Resolution 2005-82, resolution of the City Council regarding expenditure for Boards & Commissions Resolution 2005-83, Approving New Off-Sale Liquor License for Wine Child, Inc., DBA: Wine Styles Resolution 2005-84, Approving New Wine with Strong Beer Liquor License for Cesare's Marketplace, LLC, DBA: Cesare's Marketplace Resolution 2005-85, Approving New Off-Sale Liquor License for Cesare's Wine Ship, LLC, DBA: Cesare's Wine Shop Resolution 2005-86, Approval of 2005 Lumberjack Days Agreement Resolution 2005-87, Approval of Variance Request for Septic System for 2240 Orwell Court N Resolution 2005-88, Resolution Receiving Report and Calling Hearing on Boutwell Road Project (Project 2005-05) Resolution 2005-89, Approval of Agreement with RevTrak Resolution 2005-90, approve Plans & Specifications and Ordering Advertisement for Bids for 2005 Seal Coat Improvement Project (Project 2005-06) Resolution 2005-91, Accepting Bid and Awarding Contract for 2005 Street Improvement Project (Project 2005-02) Resolution 2005-92, authorizing the publication of mitigation items that would affect City property Ordinance No. 957, amending Chapter 52, Section 52-11, Child Curfew Page 9 of 9