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HomeMy WebLinkAbout2005-06-07 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-12 June 7, 2005 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. ROLL CALL Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Absent: None Staff present: City Attorney Magnuson Fire Chief Glaser Police Chief Dauffenbach Community Development Director Russell Public Works Director Eckles Director of Administration Knauss City Clerk Ward OTHER BUSINESS Librar-~Project Update Bill Hickey, president of the Library Board of Trustees, gave a brief update regarding the library project. He informed the Council that the Board had parted ways with its previously selected project construction management firm, McGough, and was in the final stages of negotiating an agreement with a new firm. He noted the move from the existing building is nearly complete and services at the temporary location should begin later in the week. There was a question about whether the change in firms would delay the construction start. Mr. Hickey responded there would be about a month delay, but it is still anticipated the project will be completed by the middle of summer 2006. Mr. Milbrandt said he had talked with McGough representatives and the parting was an amicable one. St. Croix Valley Community Center Update Paula Laidig of Independent School District 834 and David Rodriguez, YMCA representative, gave a Power Point presentation regarding efforts to construct a community center to serve the St. Croix Valley area. The center would be an integrated family center designed to meet educational, recreational and wellness needs of the family, child and community. The program would be a public/private partnership designed to address gaps in services, provide accessibility for all families and eliminate duplication of services. Some of the project partners include Stillwater Area Schools, St. Croix Area United Way, Andersen Corp., Greater St. Paul Area YMCA and a number of local municipalities. The planning team, which includes representation of all project City Council Meeting - 05-11 June 7, 2005 partners, has raised $22,000 and is seeking matching funds in order to hire a project coordinator; the goal is to have the coordinator on board by this fall. Councilmember Milbrandt asked about a possible target date for a decision on whether to proceed with the project. Mr. Rodriguez responded that would be determined after a coordinator is hired and feasibility study and exploration of funding potential is completed. Councilmember Junker asked whether any type of community survey is planned. Ms. Laidig said a survey is planned; that will be a responsibility of the project coordinator. Councilmember Harycki asked about the possible size of the site/structure. Ms. Laidig said the site likely would be around 10 acres in size, with a structure 75,000- 100,000 square feet. Councilmember Junker asked about a possible location. Mr. Rodriguez said location would be determined by a market study. Councilmember Polehna thanked Ms. Laidig, Mr. Rodriguez and other planning team members in attendance for their efforts to date. Chamber request for funding Michelle Rose Jorgenson, new president of the Greater Stillwater Area Chamber of Commerce, was present with a request that the Council consider using "uncommitted" funds to offset what is feared will be a negative impact on local businesses by the impending closure of the lift bridge; as proposed, funds would be used to promote Stillwater as a destination. Included in the agenda packet was a preliminary proposal from the Chamber's Historic District Committee with an action plan outlining eight possible ideas ranging from hiring an event coordinator to instituting options such as carpooling or "water taxi" shuttles. Ms. Jorgenson asked that the Council consider setting aside a portion of the proceeds from the rental of City property to hire a consultant/planner; adetailed proposal would be submitted at that time. She mentioned one possible promotional idea, having a web cam so folks can view the progress of the bridge rehabilitation project. Councilmember Milbrandt said he was unaware of any undesignated City funds. He noted plans for the bridge closure have been known for two to three years and questioned why the Chamber was expressing its concern at this late date. He also pointed out it is the function of the Chamber to promote local business interests, and it is not the City's function to utilize public tax dollars to pay for marketing to promote private business. Councilmember Harycki pointed out the City spends tax dollars on events such as fireworks displays to encourage visitors to come to town; the request, he said, is to spend some money on community events during the closure. Mayor Kimble spoke of the City's budget situation, pointing out the City has a $3 million shortfall each year in the amount it needs just for road maintenance. He also noted the City has to deal with levy limits. Councilmember Harycki asked City Attorney Magnuson whether it is possible to spend public dollars for events such as fireworks. Mr. Magnuson said the Council must make Page 2 of 18 City Council Meeting - 05-11 June 7, 2005 findings showing such expenditure meets a public purpose, but noted that is a discretionary decision of the Council. Ms. Jorgenson suggested the Chamber is not asking the City for money, rather asking the City to think about the bridge closure and what it might do to local businesses. Councilmember Junker said he thought several of the ideas in the preliminary proposal were interesting and worth exploring. Councilmember Polehna asked if there had been any study done on the impact of past closures on local businesses such as Cub andTarget. Ms. Jorgenson said she had spoken to Cub representatives and they anticipate a loss of 20 percent of their businesses. Councilmember Harycki also said Lakeview Hospital is anticipating a significant cost due to the closure. Mayor Kimble pointed out that in past years, some businesses have experienced record sales during bridge closures; those that depend on regional sales are hurt the most, he said. Councilmember Milbrandt said he viewed the closure as an opportunity. There was a question as to Mn/DOT's responsibility. Public Works Director Eckles stated Mn/DOT must provide access to local businesses, but does not have the legal obligation to do anything more. Councilmember Junker noted that Mn/DOT has indicated it plans to have a lot of signage alerting folks as to the closure. Councilmember Harycki said that is what the local businesses are concerned about - that people will take the detours and not come here. Mayor Kimble said he had a difficult time thinking that people from western Wisconsin won't know how to get to Stillwater if the bridge is closed. Councilmember Harycki moved to direct staff to brainstorm on possible ideas to assist the Chamber/local businesses to deal with the bridge closure. Councilmember Polehna seconded the motion and later withdrew his motion. After additional discussion, Mr. Harycki's motion died for lack of a second. Councilmember Milbrandt said he would like to discuss what traffic tests the City plans to do during the period of the bridge closure. Mr. Eckles said the City intends to gather a lot of data. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to have the City conduct engineering traffic studies regarding the closure to assist in preparing alternative routes for future use. All in favor. Washington County Workforce Marc Cove, Chair of the Washington County Workforce Investment Board, and other Workforce Board members, including Workforce Center Director Bob Crawford, were in attendance with a brief presentation regarding the Workforce Board functions. Mr. Cove noted that the Board is made up of a group of volunteers. He stressed economic development as it relates to the workforce and bringing economic development to the region. Economic development is the focus of workforce development, he said. He noted that the Workforce Board consists of 23 members, 50 percent of whom must represent business interests, and he said they would like to see more Stillwater representation on the Board. Responding to a question by Councilmember Polehna, Mr. Page 3 of 18 City Council Meeting - 05-11 June 7, 2005 Crawford briefly highlighted some of the services, ranging from education to summer youth programs, offered by the Workforce Center. Discussion on Levee Project and paving of parking areas downtown Ed Cain updated the Council on the status of the levee project. He gave a brief review of the history of the project. Due in part to efforts by the City's congressional delegates, phase 3 of the project has been placed on the Corps of Engineers' "politically sensitivity list," he said. The most recent timeline calls for the Corps to complete its hydrology study this month, submit an EDR study in late fall, after which design plans and specifications would be developed. It is anticipated bids would be published in March 2006, with bids awarded the first part of April, allowing construction to begin within 30 days after the award of bids. It is anticipated that construction would be completed in September 2007, he said. Public Works Director Eckles stated that at the Council's direction staff had looked into the cost of paving additional parking surfaces in the levee project area. He said it is estimated the work could cost between $115,000 and as much as $200,000. He noted that while the extent of the Corps' levee project isn't known at this time, it could be assumed that the parking areas would be damaged or removed in the levee project. Councilmember Milbrandt expressed a concern about spending $115,000 on what might be potentially a 'one-year slab of blacktopping. Mayor Kimble asked if there was any written documentation as to the extent of the Corps' project. Mr. Eckles stated the City has presented such documentation to the Corps and would like to see the Corps rebuild the parking areas as part of the project. Councilmember Junker asked about the possibility of blacktopping the smaller area by the Water Street Inn. Mr. Eckles noted that might not be worth pursuing at this point in the construction season. Councilmember Polehna asked if there was any alternative to blacktopping to help with dust control. Mr. Eckles said his department could do another chemical treatment. There was some discussion as to suggestions for encouraging more organized parking patterns. Mayor Kimble suggested that as the levee project is completed, the Council/City budget for parking lot improvements with the goal of removing the gravel areas from the downtown. Mr. Eckles noted the City does have a master parking plan and hopes to have much of that work completed as part of the Corps' project. Discussion on Shoddy Mills acquisition Community Development Director Russell updated the Council on the possible reuse of the historic Shoddy Mills buildings, which would be removed from their existing site in Oak Park Heights as part of the bridge mitigation measures. Mr. Russell stated Jeff Johnson of SEH and member of the City's Historic Preservation Commission had looked at the buildings and has indicated the structures as in satisfactory physical condition. The potential site for the buildings is the Terra terminal, which will be Page 4 of 18 City Council Meeting - 05-11 June 7, 2005 removed, also as part of the bridge mitigation plan. Possible uses for the Shoddy Mills buildings outlined by Mr. Russell included a learning center, interpretive center, visitor center, staging area for recreational opportunities, and hostel. He noted there are possible concerns that might be raised by the National Park Service and DNR. The concept has received support from Friends of Stillwater Parks and the DNR Trails and Waterways Division. Mr. Russell said he also has received indication of possible financial support for rehabilitation of the structures, estimated to cost about $400,000. Mr. Russell said Mn/DOT is looking for a commitment to accept ownership and maintenance of the buildings. Mn/DOT would pay the cost of relocating the buildings from the present site to the Terra terminal site. Councilmember Milbrandt expressed a concern about obligating the City by accepting ownership and then finding out the other reviewing agencies have a problem with river setbacks, etc. Todd Clarkowski, Mn/DOT, said Mn/DOT is looking for an interest in accepting ownership/maintenance. If the City indicates it is interested, Mn/DOT will work to incorporate the plans in the 106 Memorandum of Agreement to facilitate review by the other agencies. Upon a question by Mayor Kimble, Mr. Clarkowski indicated the City could withdraw should problems arise with any of the reviewing agencies. Upon a question by Councilmember Harycki, Mr. Russell noted that accepting ownership does not obligate the City to proceed with rehabilitation of the buildings. Mr. Russell also noted that while he believes there is financial support, including some state grants, for the rehabilitation of the buildings, there is no guarantee that is forthcoming. Councilmember Milbrandt noted that some type of visitor center/restroom facility has always been in the City's plans for the Aiple property and conceptually it makes sense to bring an historic structure to the site for reuse. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki directing City Attorney Magnuson and Mr. Russell to draft a letter to Mn/DOT indicating the City's interest in accepting ownership/maintenance of the Shoddy Mills buildings, but allowing the City some flexibility to withdraw should problems be encountered in the future with agency approvals. All in favor. Councilmember Polehna asked that the Park and Recreation Board review the proposal. Mr. Milbrandt agreed to make that part of his motion, and Mr. Harycki agreed to incorporate that as well. All in favor. Discussion on 2:00 a.m. closing Mayor Kimble noted there is some interest on the part of local establishments to allow 2 a.m. closings on Sundays when national holidays fall on Mondays. A memo from Attorney Magnuson was included in the packet. Mr. Magnuson noted the issue had been discussed when the state closing law was changed. Currently, the City allows 2 a.m. closing except on Sundays. Mr. Magnuson indicated this would require an ordinance change, and the City can designate specific Sundays when the 2 a.m. closing is allowed. Councilmember Milbrandt asked Police Chief Dauffenbach if such a change Page 5 of 18 City Council Meeting - 05-11 June 7, 2005 would create any problems for his department. Chief Dauffenbach said activity has increased since the move to the 2 a.m. closing, but he did not anticipate this change would have a significant effect. Attorney Magnuson indicated a public hearing would need to be scheduled prior to enacting the ordinance change. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to approve the first reading of an ordinance allowing 2 a.m. closings on Sundays prior to national holidays that fall on a Monday. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None STAFF REPORTS Police Chief Dauffenbach informed the Council preparation were under way for the annual bike race set for Sunday, June12. Fire Chief Glaser informed the Council that the St. Joseph Township, WI, Town Board had approved the City's request to stage the fireworks displays and all necessary permits should be approved for the City's 4th of July and Lumberjack Days displays. City Clerk Ward said Administrator Hansen had asked that the Council schedule a 4:30 p.m. session to discuss development impact fees and sewer/water connection requirements for the Council's June 21 meeting. Motion by Councilmember Polehna, seconded by Councilmember Junker, approving a special meeting on June 21, 2005 at 4:30 p.m. Director of Administraton Knauss reported that the household hazardous waste collection on May 21 was very successful, especially the collection of used computers that a firm refurbishes for reuse. Community Development Director Russell noted the railroad tracks had been removed from the downtown area and temporary parking opened. Public Works Director Eckles referred to a McKusick Lake newsletter. He said data shows the water quality of the lake is improving, despite an earlier than ever algae bloom. He said Sherri Buss, Bonestroo, Rosene and Anderlik, is preparing a proposal for a study which should be available for the next Council meeting. Mr. Eckles said staff had been discussing obtaining an easement over a lot on Morgan Avenue, which would provide a connection to the City's trail system from County Road 12 to Boutwell Road. He said preliminary talks with the property owner would suggest the City might be able to acquire the easement for less than $5,000. Page 6 of 18 City Council Meeting - 05-11 June 7, 2005 Motion by Councilmember Polehna, seconded by Councilmember Milbrandt moved to authorize staff to look into obtaining the trail easement at a cost not to exceed $5,000. Attorney Magnuson suggested not specifying a cost in order to allow staff more flexibility. Mr. Polehna removed the cost figure from his motion, authorizing staff to proceed with negotiations and come back to the Council at its next meeting with a price. All in favor. Mr. Eckles also informed the Council that an Eagle Scout candidate is interested in building a canoe rack at Lily Lake. He said cost of lumber for the rack is estimated at $500-$1,000 and said he assumed the City could find that money somewhere in the budget. Councilmember Milbrandt said the Parks Board would certainly approve of such expenditure. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, authorizing the expenditure for lumber for the Eagle Scout project. All in favor. Mayor Kimble recessed the meeting at 6:42 p.m. RECESSED MEETING 7:00 P.M. Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Absent: None Mayor Kimble called the meeting to order at 7 p.m. Staff present: City Attorney Magnuson Fire Chief Glaser Police Chief Dauffenbach Community Development Director Russell Public Works Director Eckles Director of Administration Knauss Clerk Ward PLEDGE OF ALLEGIANCE -Observance of Flag Day -June 14, 2005. Julie Kink, member of the Veterans Memorial Committee and Courier News reporter, led the recitation of the Pledge of Allegiance in observance of Flag Day. APPROVAL OF MINUTES -Approval of May 17, 2005 regular meeting minutes Councilmember Junker, seconded by Councilmember Milbrandt, moved approval of the minutes of May 17, 2005, regular meeting. All in favor. Page 7 of 18 City Council Meeting - 05-11 June 7, 2005 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of retirement plaque -Art Sievert Mayor Kimble and Police Chief Dauffenbach presented a plaque to retiring Sgt. Art Sievert in appreciation of 28.5 years of dedicated service to the City. Certificate of Appreciation -Brian D. Luke, teacher & coach for ISD #834 Mayor Kimble presented a Certificate of Appreciation to Brian Luke, teacher and successful boys and girls swim coach with School District 834 for over 30 years. Motion by Councilmember Polehna, seconded by Councilmember Harycki to adopt Resolution 2005-120, a resolution of certificate of appreciation for Brian D. Luke. Ayes: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None uci Drecontr+~inn by C?nhorf R~,+~or rescheduled for August 2) Request expenditure for Public Parking Marketing Proposal -Downtown Parking Commission Kevin LaCasse, chair of the Downtown Parking Commission, was present with a request for Council approval of a budget to implement acommunication/marketing program. Mr. LaCasse noted that in the past, proceeds from the City's pay parking program have been obligated for physical improvements. He said the Commission feels now it is important to utilize a communication effort to maximize the use of the City's lots and let people know what's available. If there's a perception problem, there's a parking problem, he said. He said the proposal is to hire a public relations marketing firm that has done similar work from the City of St. Paul. The budget includes $8,000-$12,000 for the firm's services, which include aweb-based educational effort, and $4,000-$5,000 for a print program. The $12,000-$15,000 budget would be 100 percent funding through the parking enterprise fund, he said. Councilmember Polehna asked about the distribution area for the print efforts, suggesting that perhaps there might be some tie-in with efforts to promote the City during the bridge closure. Councilmember Junker agreed with the importance of perception and creating the positive image that there is great parking in Stillwater. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the budget proposal as outlined in the memo in the agenda packet. All in favor Presentation of 2005 Environmental Initiative Award Public Works Director Eckles presented the City with the 2005 Environmental Initiative Award for the City's trout stream mitigation project. Page 8 of 18 City Council Meeting - 05-11 OPEN FORUM June 7, 2005 Tim Nolde, 775 Green Twig Way, Stillwater, asked that the Council take a look at its pool ordinance. The ordinance currently requires that pools be enclosed with fencing. He suggested that new technology, such as remote control covers, provides safer and less unsightly alternatives to fencing. He asked that the Council look at amending the ordinance to allow covers. Mayor Kimble noted the issue has been raised before. Motion by Councilmember Harycki, seconded by Councilmember Polehna to have the pool ordinance brought back as an agenda item at the next meeting. Councilmember Milbrandt suggested changing the motion to direct staff to refresh the Council on what was previously presented. Mr. Harycki and Mr. Polehna agreed to amend the motion as suggested by Mr. Milbrandt. Councilmember Junker noted that the Council was solidly against not changing the ordinance during the previous consideration. Motion passed 4-1, with Mr. Junker voting no. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the consent agenda. Councilmember Harycki asked that Item 10 be pulled for discussion. Mr. Junker amended his motion to approve without item 10; Councilmember Milbrandt agreed to the amendment. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-115, directing payment of bills Resolution 2005-116, authorizing the city to apply for approval of a new use of tax forfeited lands Resolution 2005-117, approving Minnesota premises permit for gambling for Eagles Aerie 94 located at Whiteys Bar, 302 South Main Street, Stillwater, MN Possible approval to purchase a tire changer, wheel balancer & large truck adapter - Public Works Possible approval to release 2005 Capital Funds -Library Possible approval of receipt of donation from Stillwater Elks Lodge Possible approval of Special Event -Family Means -Garden Tour Possible approval to purchase unmarked squad car Resolution 2005-118, approval of agreement between the City and Stillwater Farmer's Market Possible approval of Special Event -Two Rivers Community Bike Ride -June 25, 2005 Resolution 2005-119, approving 2005 Memorandum Of Agreement For Drop Off Center Recycling Grant Distribution with Washington County Page 9 of 18 City Council Meeting - 05-11 June 7, 2005 Approval of Temporary On-Sale Liquor License -Lumberjack Days -July 21-23, 2005 Regarding Item 10, Councilmember Harycki asked whom the license was being issued to. It was noted the license is issued to the not-for-profit Lumberjack Days Festival Association. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt, to approve Item 10. Ayes: Councilmember Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None PUBLIC HEARINGS Case No V105-11. This is the date and time for a public hearing to consider a request from Tony Kerschbaum for a variance to construct a single family residence on an existing substandard lot and a variance to slope setback requirements located at 2015 Lake Street in the RB Two Family Residential District Flood Plain and the Bluffland/Shoreland District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 27, 2005. Community Development Director Russell noted the Council had considered this request at its Feb. 15, 2005, meeting and had denied the variance without prejudice. The applicant has subsequently modified plans to address issues raised by the DNR. Changes include moving the structure farther down the slope to reduce the need for retaining walls. He said the Planning Commission has reviewed the request and unanimously approved the variance with 8 conditions of approval, ranging from the height of the house to landscaping requirements. He noted the DNR has 30 days to review the City's action and certify or not certify any approval. Mayor Kimble opened the public hearing. Applicant Tony Kerschbaum stated he had made an effort to accommodate the concerns of the DNR. The changes include reducing the size of the house, moving the structure farther down the slope, which minimizes the need for retaining walls and eliminates the need for a street setback variance. He noted that the lot is stubbed for sewer and water, has mature trees that will screen any structure from the river and is a lot of record that once supported a house. He noted he had sold the lot; one of the conditions of the sale is that he proceeds with and is successful in obtaining the variance. No other comments were received, and the hearing was closed. Councilmember Junker noted the Planning Commission had reviewed the request several times. He said with Mr. Kerschbaum's compromises and the 8 conditions of approval he was comfortable with granting the variance. Page 10 of 18 City Council Meeting - 05-11 June 7, 2005 Councilmember Milbrandt asked the applicant if the new owner is aware he/she must proceed based on the plans as presented. Mr. Kerschbaum said the new owner is aware of that stipulation. Motion by Councilmember Junker, seconded by Councilmember Milbrandt for a straw vote on the request with conditions. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Case No SUBN105-17 This is the date and time for a public hearing to consider a request from Jon and Danette Mulack for a resubdivision of Lots 10 and 12, Blk 1 Greeley and Slaughter's Addition into two lots. Lot 10 - 6 462.5 square feet and Lot 12 - 6,447.5 square feet and a variance to the lot size (7 500 square feet required) in the RB, Two Family Residential District Notices were mailed to affected property owners and published in the Stillwater Gazette on May 27, 2005. Community Development Director Russell noted the proposed lot sizes do not meet the RB standards. The Planning Commission recommended denial of the subdivision at its May 9, 2005, meeting. Mayor Kimble opened the public hearing. Applicant Jon Mulack addressed the Council. He said he felt the subdivision and new home would enhance the neighborhood and feeling of community, as well as increase property values. He said the new home would be in harmony with the character of the neighborhood and have the advantage of adding more affordable housing in the City. He showed photos of other homes in the area situated on small lots. Gary Gilberg, 225 N. Greeley St., property owner to the north, noted there are three large trees on the portion of the existing lot where Mr. Mulack intends to build. He said most homes in the area are situated on large lots. And he suggested there is no compelling reason to divide the property in question into two substandard lots, more than 10 percent below the minimum allowable. He also noted the Planning Commission was unanimous in its recommendation for denial. No other comments were received, and the hearing was closed. Councilmember Junker said he favored abiding by the Planning Commission's recommendation Motion by Councilmember Junker, seconded by Councilmember Milbrandt for a straw vote for denial. Ayes: Councilmember Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Nays: None City Attorney Magnuson will prepare findings of fact for action at the Council's June 21 meeting. Page 11 of 18 City Council Meeting - 05-11 June 7, 2005 This is the date and time for a public hearing to consider a new Wine & Strong Beer liquor license for Chestnut LLC DBA: Montorosso Cafe located at 200 Chestnut Street E, Suite 105, Merle & Sonia Sorenson, applicant City Clerk Ward indicated approval is contingent on the required reviews by Police, Fire, Finance and Building departments and the state Liquor Control Commission. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-121, Approving Wine with Strong Beer Liquor License for Chestnut LLC, DBA: Montorosso Cafe. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None This is the date and time for a public hearing to consider a new On-Sale Liquor License for Trends In Food Inc. DBA: Nacho Mamas, located at 312 Main Street, applicant, Brenda Ryder. Mayor Kimble noted the same conditions regarding review by Police, Fire, Finance and Building and the state Liquor Control Commission apply for this liquor license. Mayor Kimble opened the public hearing. Owner Brenda Ryder was present. She stated they were only seeking a full liquor license because they want to serve margaritas. The establishment will only be open until 10 p.m. No other comments were received, and the hearing was closed. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-130, Approving an On-Sale Liquor License for Trends in Foods, Inc., DBA: Nacho Mamas as conditioned. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible approval of Findings of Fact as related to variance to the lot size regulations (7,500 square feet required 6 600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB, Two Family Residential District. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005- 122, Approval of Resolution Adopting Findings of Facts, Conclusion and Order Related to the Denial of a Variance to the Lot Size Regulations (7,500 Square Feet Required, 6,600 Page 12 of 18 City Council Meeting - 05-11 June 7, 2005 Square Feet Requested) for the Construction of a Residence Located at 1217 Fourth Avenue South in the RB, Two Family Residential District. Case No. V/05-22. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Minnesota Zephyr Lease City Attorney Magnuson said the lease was never finalized and the parties never realized that until just recently when the owner prepared to sell. He said the Zephyr has occupied the property and made improvements as if the lease were signed. Councilmember Harycki asked if it were standard procedure that the lessee could sell/transfer the lease without City consent. Attorney Magnuson pointed out that each lease is different and the City can terminate this lease at any time, with one-year notice. He said if the Council wished an added provision that the City be notified in writing of any assignment of the lease, that could be done. Councilmembers Junker and Polehna said they thought the one-year termination clause afforded the City with adequate protection. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-123, Approval of Minnesota Zephyr Parking Lease Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Final plat approval for Settler's Glen 7tn Addition -Tabled from May 17, 2005 meeting Community Development Director Russell noted that at the May 17 Council meeting, the applicant requested continuance of the plat approval for the Stn Addition; discussions regarding the conditions for the Stn Addition are continuing. He said the owner agrees with the conditions for the 7tn Addition. He said it was his recommendation to approve the final plat approval for the Settler's Glen 7tn Addition and continue the Stn Addition until the July 5 Council meeting, as the developer was unable to attend this meeting. Councilmember Polehna asked about the escrow of money for parks improvements. Mr. Magnuson said the agreement requires completion of items such as turf establishment and prairie restoration prior to releasing a $40,000 Letter of Credit. Mr. Russell noted there are backup sanctions such as no building permits issued until completion of the required work. Motion by Councilmember Junker, seconded by Councilmember Polehna, adopt Resolution 2005-124, Approving Final Plat for Settler's Glen 7tn Addition and table consideration of the Stn Addition until the July 5 meeting. Page 13 of 18 City Council Meeting - 05-11 June 7, 2005 Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of addendum to the development agreement between the City of Stillwater and US Homes for Settler's Glen 7~" Addition -Tabled from May 17, 2005 meeting Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-125, Approval of addendum to the Development Agreement with US Homes for Settler's Glen 7t" Addition. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible second reading of Ordinance No. 958 an ordinance amending Chapter 41, Licenses, Permits And Prohibitions* Section 41-2, Subd. 3, entitled licensing of tobacco sales; possession and use by minors' application, of the City Code of the City of Stillwater Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Ordinance No. 958, an ordinance amending Chapter 41, Licenses, Permits And Prohibitions*, Section 41- 2, Subd. 3, entitled licensing of tobacco sales; possession and use by minors; application, of the City Code of the City of Stillwater. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible second reading of Ordinance No. 959, an ordinance authorizing the alteration, development, and change of use of City owned land Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Ordinance No. 959. an ordinance authorizing the alteration, development, and change of use of City owned land. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Section 4(f) Letter of Agreement related to impacts to City Properties Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-126, Approval of Section 4(F) Letter of Agreement Related to Impacts to City Properties. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Page 14 of 18 City Council Meeting - 05-11 June 7, 2005 Consideration of approval of Munkelwitz land park plan Sherri Buss, Bonestroo, Rosene, and Anderlik, consulting firm, briefly reviewed the concept plan for the Munkelwitz park property. She noted the plan was developed in conjunction with the Park and Recreation Board and with lots of neighborhood input. The concept plan, the Creek concept, approved by the Park Board, includes two play areas; a free play space; a youth play field; interpretation by the Creek; connections to the area north of McKusick for winter activities; trails and connections to trails outside the park. A key aspect of the plan is the blending in of natural areas. There was some discussion about the use of portable toilets versus a permanent restroom facility, perhaps at the warming house. Ms. Buss noted a permanent facility adds a lot to the cost; there also are issues relating to potential vandalism and other safety issues that are factors to consider, she said. Councilmember Polehna said the biggest complaint he hears about County parks is regarding portable toilets and said he thought the City should look at permanent facilities. Council complimented Ms. Buss on the plan. Mr. Russell noted that the Rotary Club is interested in assisting the City in development the park. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved approval of the concept plan as presented. All in favor. Consideration of approval of skateboard park improvements It was decided to consider this item and item 14, approval of skate park components, at the same time. Community Development Director Russell said the Parks Board, Councilmember Milbrandt and City staff have been working hard to get the skate park going this year. They have visited other facilities and have been meeting with skateboarders to obtain their input. The site recommended by staff and the Parks Board is located south of the Rec Center dome and west of Brine's. There is an existing slab that could be overlayed and expanded; using the existing slab will save about $20,000, he said. There is no issue with noise at this location. He said staff is recommending the components be purchased through St. Croix Recreation. If the City does not receive a grant, the purchase of the $29,000 design components is recommended. He said the Margaret Rivers Fund has indicated preliminary approval of some funding; if the grant is received, it is recommended the City purchase the $59,000 components. There was a question about lighting. Councilmember Milbrandt noted the components will be Tier I components, meaning on-site supervision is not required, and he pointed out there is a lot of ambient lighting in the area. Councilmember Harycki asked how soon the facility could be up and running; Mr. Russell said it might be possible to have the park going by the end of July. Mayor Kimble asked if the location would interfere with a new armory, should that ever come to fruition. Mr. Russell said the skate park Page 15 of 18 City Council Meeting - 05-11 June 7, 2005 would likely have to be moved, but it was noted the components are movable. Councilmember Polehna suggested informing Brine's and Sutler's as to what is planned for the site. Motion by Councilmember Harycki, seconded by Councilmember Junker, to adopt Resolution 2005-127, approval of Skateboard Park Improvements and Authorization to Purchase Skateboard Park Equipment. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of bids for Neal Avenue Land and Home It was noted the City received quite favorable bids. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-128, Accepting Bids and Awarding Sale of Home at 8270 Neal Avenue North. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-129, Accepting Bids and Awarding Sale of Vacant Lot Adjacent to 8270 Neal Avenue North. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of agreement with Legends Homeowners Association relating to trail and landscaping Public Works Director Eckles said the City has been working to finish the Legends Park. The Legends Homeowners Association has indicated a willingness to do some extra work, including funding $4,500 for a blacktop path along the outside of the park and landscaping along the trail. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the agreement with the Homeowners Association. Councilmembers expressed their gratitude to the Homeowners for their cooperation. All in favor Possible approval of parking restrictions for Boutwell Road Public Works Director Eckles stated the parking restrictions are necessary to meet State Aid requirements. Councilmember Milbrandt commended Mr. Eckles and Shawn Sanders for the recent open house on the Boutwell Road project. Page 16 of 18 City Council Meeting - 05-11 June 7, 2005 Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adopt Resolution 2005-131, Relating to Parking Restrictions on S.A.P. 169-122-01 from Myrtle Street (County Road 12) to Newberry Court North in the City of Stillwater, Minnesota. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of plans & specifications and authorizing advertisement for bids for Pine Street & Myrtle Street Concrete Rehabilitation Project Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-132, Approve Plans & Specifications and Ordering Advertisement for Bids for Pine Street & Myrtle Street Concrete Rehabilitation Project (Project 2003-14). Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of service agreement for Expansion Area AUAR Update Community Development Director Russell stated state law requires that AUARs be updated in five year. The City's AUAR needs to be updated before review of the Millbrook property. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005-133, Approval of Service Agreement for Expansion Area AUAR Update. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of parking restrictions for Pine Street It was noted that like the Boutwell Road restrictions, these restrictions are needed to meet State Aid requirements. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-134, Relating to Parking Restrictions on S.A.P. 169-102-05 From C.S.A.H. 5 to Seeley Street in the City of Stillwater, Minnesota. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna informed Councilmembers Washington County will hold an open house at Aamodt's regarding the Manning Avenue reconstruction from 3:30 to 7 p.m. June 22. Page 17 of 18 City Council Meeting - 05-11 June 7, 2005 Councilmember Harycki asked that Police Chief Dauffenbach work with School District 834 staff regarding potential safety issues arising from the District's proposed change in busing policy. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adjourn at 8:39 p.m. Motion passed unanimously. i m ,Mayor ATTEST: ~~~~ Diane F. Ward, City Clerk Page 18 of 18 City Council Meeting - 05-11 June 7, 2005 Resolution 2005-115, directing payment of bills Resolution 2005-116, authorizing the city to apply for approval of a new use of tax forfeited lands Resolution 2005-117, approving Minnesota premises permit for gambling for Eagles Aerie 94 located at Whiteys Bar, 302 South Main Street, Stillwater, MN Resolution 2005-118, approval of agreement between the City and Stillwater Farmer's Market Resolution 2005-119, approving 2005 Memorandum Of Agreement For Drop Off Center Recycling Grant Distribution with Washington County Resolution 2005-120, a resolution of certificate of appreciation for Brian D. Luke. Resolution 2005-121, Approving Wine with Strong Beer Liquor License for Chestnut LLC, DBA: Montorosso Cafe. Resolution 2005- 122, Approval of Resolution Adopting Findings of Facts, Conclusion and Order Related to the Denial of a Variance to the Lot Size Regulations (7,500 Square Feet Required, 6,600 Square Feet Requested) for the Construction of a Residence Located at 1217 Fourth Avenue South in the RB, Two Family Residential District. Case No. V/05-22. Resolution 2005-123, Approval of Minnesota Zephyr Parking Lease Resolution 2005-124, Approving Final Plat for Settler's Glen 7th Addition and table consideration of the 8th Addition until the July 5 meeting. Resolution 2005-125, Approval of addendum to the Development Agreement with US Homes for Settler's Glen 7th Addition. Resolution 2005-126, Approval of Section 4(F) Letter of Agreement Related to Impacts to City Properties. Resolution 2005-127, approval of Skateboard Park Improvements and Authorization to Purchase Skateboard Park Equipment. Resolution 2005-128, Accepting Bids and Awarding Sale of Home at 8270 Neal Avenue North. Resolution 2005-129, Accepting Bids and Awarding Sale of Vacant Lot Adjacent to 8270 Neal Avenue North. Resolution 2005-130, Approving an On-Sale Liquor License for Trends in Foods, Inc., DBA: Nacho Mamas as conditioned. Resolution 2005-131, Relating to Parking Restrictions on S.A.P. 169-122-01 from Myrtle Street (County Road 12) to Newberry Court North in the City of Stillwater, Minnesota. Resolution 2005-132, Approve Plans & Specifications and Ordering Advertisement for Bids for Pine Street & Myrtle Street Concrete Rehabilitation Project (Project 2003-14). Resolution 2005-133, Approval of Service Agreement for Expansion Area AUAR Update. Resolution 2005-134, Relating to Parking Restrictions on S.A.P. 169-102-05 From C.S.A.H. 5 to Seeley Street in the City of Stillwater, Minnesota. Ordinance No. 958, an ordinance amending Chapter 41, Licenses, Permits And Prohibitions* Section 41-2, Subd. 3, entitled licensing of tobacco sales; possession and use by minors; application, of the City Code of the City of Stillwater. Ordinance No. 959, an ordinance authorizing the alteration, development, and change of use of City owned land. Page 19 of 19