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HomeMy WebLinkAbout2002-04-16 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-08 April 16, 2002 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Captain Craig Peterson City Clerk Ward Press: Julie Kink, Courier Councilmember Bealka stated that at a previous meeting he suggested that at the beginning of each meeting the Pledge of Allegiance be said. City Attorney Magnuson stated that he would provide a brief on the suggestion for the next meeting. APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Council member Zoller to approved the April 2, 2002 regular and executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Consideration of Liquor Establishment in Ace Hardware Buildinq - Kevin Johnson Mr. Kevin Johnson and Ms. Robin Severance were present and reviewed their business plan for a family oriented sports bar and grill in the Ace hardware building on Market Drive. Mr. Johnson stated that he was aware that Council could not approve a liquor license without a license application presented to them, but wanted to inform the Council of their proposal to see if this type of business was acceptable for the Market Place area. He also stated that he has spoken with the Community Development Director regarding the zoning for this type of business and that this type of business is allowed in this zoning district. Mayor Kimble stated he knew that the parking requirements for a business of this type is presently not available at the site and told Mr. Johnson that he should investigate options to meet this requirement prior to presenting an application for a liquor license. Council had no objection on the use of this site, however could not approve or disprove the liquor establishment without a liquor license application and that Mr. Johnson should follow the process and come before the Council with a completed application. STAFF REPORTS Public Works Director Eckles provided an update regarding the rising of the St. Croix River. He stated that as of now the river is below flood stage. There would be some water in the park area. Mayor Kimble stated it seems that our St. Croix River seems to back up so that we can protect the downstream cities in other states. He asked if we could communicate to the Army Corps of Engineers to lower the levels by opening the locks during the winter months before the spring thaw so that at this time of year we do not face a near flood situation and damage our park. He felt that something should be done to exert some pressure so that this does not happen to Stillwater year after year. Red Wing doesn't seem to have a problem, nobody downstream seems to have a problem, just Stillwater because they allow Lake St. Croix backup. Mr. Eckles stated he did not think there is anything we can do. He felt that the 100-year criteria that used are no longer valid. He also stated that the Corps is working on models that would better predict flooding. Mayor Kimble stated that he wants the issue kept at the forefront. He asked Public Works Director Eckles to keep Council aware of the status of the river and the Corps operation regarding flooding. CONSENT AGENDA Motion by Council member Bealka, seconded by Councilmember Rheinberger to approved the Consent Agenda. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Resolution 2002-758, Master Lease Purchase Agreement - Fire Department Truck Resolution 2002- 78, directing payment of bills Resolution 2002- 79, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Elks Lodge 179, 279 E Myrtle Street, Stillwater, MN Approval of March of Dimes Walk America Resolution 2002- 80 approval of contract with John Ballis to perform background checks for Fire Department employment Resolution 2002-81, abating delinquent garbage fees assessment on Parcel No. 20.030.20.33.0018 Resolution 2002-82, approving Change Order NO.4 for the Public Works Facility Resolution 2002-83, extending fire protection contracts with Townships of Stillwater, May and City of Grant Resolution 2002-84, approving mutual aid agreement with the City of Mahtomedi 2 Resolution 2002- 85, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Cutters Pub & Grub, 112 N Main Street, Stillwater, MN Resolution 2002- 86, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Loggers, 231 E Myrtle Street, Stillwater, MN Resolution 2002-88, Approval of the relaying of sanitary sewer line from Lily Lake Arena to Greeley Lift Station Approval of gambling permit for St. Mary's Wild Rice Festival - September 8, 2002 Approval of License to Sell 3.2% Malt Liquor at Lily Lake Ballfields May 4 & 5, 2002 PUBLIC HEARINGS Establishment of Tax Increment Financina District NO.9 and the adoption of the Tax Increment Financina Plan relatina thereto, all located within the Development District NO.1. City Attorney Magnuson presented information relating to the establishment of TIF District NO.9 and the adoption of the TIF Plan relating to TIF District NO.9. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger adopting Resolution 2002-89, a resolution approving the modification of Development District No. 1 and the establishment of the Tax Increment Financing Plan relating to Tax Increment Financing District No.9, located within Development District NO.1. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Case No. CPAl02-01 and ZAM/02-01 This is the date and time for the public hearina to consider a Comprehensive Plan Amendment chanaina land use desianation 2.8 acres of land located at the corner of Washinaton Avenue and Orleans Street from Business Park Industrial (BP-I) to Hiah Densitv Multifamilv Residential District (RCH) and Zonina Map Amendment to rezone 2.8 acres of land from Business Park Industrial (BP-I) to HiQh Densitv Multifamilv Residential District (RCH). City Administrator Hansen reviewed the Comprehensive Plan Amendment and Zoning Map Amendment request relating to the 2.83 acres of land located at the corner of Washington Avenue and Orleans Street. The Comprehensive Plan Amendment would allow for the Zoning change from Business Park Industrial to Multifamily High Density. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. 3 Councilmember Milbrandt stated he would like to see 2.8 acres recouped somewhere else in the Comprehensive Plan. Motion by Council member Bealka, seconded by Councilmember Rheinberger, seconded by Councilmember Rheinberger adopting Resolution 2002-90, approving Comprehensive Plan Amendment, Case CPN02-01. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Zoller adopting Ordinance 922, An Ordinance Amending the Stillwater Code, Chapter 31-1, Subd. 5, 92 Entitled Zoninq Maps And Boundaries By Amending ''The Zoninq Map Of The Citv" To Rezone Property Within The Business Park Industrial (BP-I) Zoning District To The High Density Residential (RCH) District. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Case No. V/02.1 O. Request for an appeal of the Planninq Commission's decision on a request from Ken and Connie Taillon for a variance to Traditional Residential. TR. accessory buildinq requlations (500 square feet allowed, 752 square feet requested) for the construction of a one stall qaraqe for storaqe and separate hobbv shop with storaqe space above located at 3374 Staples Place in the TR. Traditional Residential District. City Administrator Hansen reviewed the request for an appeal of the Planning Commission's decision for a variance to the Traditional Residential accessory building regulations to construct a one stall garage for storage and separate shop with storage space at the property located at 3374 Staples place. He stated that the Planning Commission denied the request on an 8-0 vote. Councilmember Bealka asked Chairman Hultman how many commission members made a sight visit. Chairman Hultman stated he knows that five commission members made a site visit. He also reviewed the request of the Taillons. He stated that the applicant's did not want to add a third stall to their home because of trees that they did not want to remove. He stated that the Planning Commission felt that there was enough room with the 500 square foot regulation to house a boat and still have room for a hobby shop and storage. Councilmember Milbrandt asked if it is possible to have the outbuilding of 500 square feet accessory building and two-car garage and still not damage the trees. Chairman Hultman stated that was correct and no variance required. Mayor Kimble opened the public hearing. 4 Mr. Ken Taillon stated his wife and he are appealing the Commission's decision because our case was not reviewed based only on its merits. It was reviewed with the assumption that granting this variance would set a precedent for the granting of future variances and it was inferred that variances like this are not granted in new developments. He stated that the granting of this variance will not set a precedent for future variance reviews because this and every case is unique. The intent and logic of his request is reasonable and protects the characteristics and vegetation that are unique to this property. These details were never considered in our review. He stated that it was evident that some members of the planning commission were misinformed prior to the hearing of our case regarding the age of the trees on this woodland lot. He stated the largest trees are over 100 years of age, rather than 5 to 10 years of age, as stated by one of the commission members. Mr. Taillon stated that the hardship is centered on the topography and shape of the lot. This lot has a direct line of site and runoff to the protected park area surrounding Long Lake. This pie shaped lot requires the home to be set back farther than normal. The construction of a standard 3-stall garage at a minimum set back or any location on the lot would require the removal of unique and irreplaceable vegetation. Mr. Taillon stated that a variance that will permit him to transfer a portion (one stall) of the allowable garage square footage from our proposed home to a proposed accessory structure at the rear of our lot. This action will meet the requirements of Stillwater's Forest, and Tree Protection Regulations. He stated that a recent site inspection from a local forester confirmed that the majority of the trees on this lot are between 12 and 28 inches in diameter with an average age of 80 to 100 years; the largest are between 150 and 200 years of age. There are numerous varieties of hardwoods as well: black cherry, maple, red oak, but predominantly white oak. His objective for this lot is to construct a home of proportions that would cause minimal impact to the trees in this woodland. He reviewed their plans. Drawing "A" indicates the two areas that are naturally clear of trees that provide the best locations for the home and accessory structure. Drawing "B" shows the home with an attached 3-stall garage and the 500 square foot accessory structure. The attached 3-stall garage requires the living area to move further east causing the removal of many of the largest trees on the lot. Drawing "C" (our proposal) shows the transfer of one garage stall (252 square feet) to the accessory structure at the rear of the lot which results in only two garage stalls attached to the home. This configuration still conforms to the 1 000 square foot garage requirement and allows the living area to move further west, permitting the trees to be spared. No trees will be impacted around the accessory structure by this transfer. Mr. Taillon stated that the accessory structure will have the same style and color as the home and will meet all setback requirements established in the zoning ordinance. It will consist of a one-stall garage for boat storage, along with a separate workshop. No business will be conducted out of this structure. Mr. Taillon asked that the Council grant the variance and asked if the Council had any questions. 5 Mayor Kimble stated that Mr. Tallion was correct, there is no restriction in new developments; the variance process is the same. However, we do try to design developments today in such a way so that the need for a variance shouldn't be asked for so there is some resistance to granting variances in new developments. He also stated that Ms. Widen, the City's Forester, has made very strong recommendations that fencing should be placed 10-15 feet around these oak trees and prevent any construction activities, including vehicular traffic occurring around the perimeters of these oak trees. Mr. Taillon stated that he has talked to the builder about that issue and protection of the trees will be addressed. Council member Bealka asked if Mr. Taillon had talked to the neighbors about this request. Mr. Taillon stated he had not. Mr. Taillon's builder stated that as part of the Planning process notices were mailed to affected property owners and no one attended the Planning Commission meeting against the variance. He also stated that as a representative of the neighborhood, as the builder, no one approached him on this issue. Councilmember Zoller asked how access to the accessory structure would be acquired. Mr. Taillon stated that there would be another garage door on the back of the garage for a drive through. He also stated that it will be a natural drive, no impervious surface will be placed between the garage and accessory structure. Council member Milbrandt stated it would appear that the building plan for the lot was to have the home much closer to the cul-de-sac than what it is proposed. Mr. Taillon stated that if a home was placed closer to the cul-de-sac it would be a very small house or the house would have to be completely behind the garage because there is only 69 feet of frontage. Councilmember Milbrandt stated that no matter what plan is used there will be trees lost. Mr. Taillon stated that there will be trees removed where the house will be constructed, however the forester indicated that the trees that will be removed were having some problems and would have to be removed anyway. The utilities to the home will be under the driveway to save some of the trees. Mr. Taillon stated that there are some trees that will be close to the deck, however the deck will be on piers and not footings. He also stated that they tried to put the home location on the lot where it would impact the least amount of trees. 6 Mr. Taillon's builder stated that the Taillons are going to an added expense to do this right the first time. His typical buyer would have cleared the lot without even thinking about the trees. Mayor Kimble closed the public hearing. Councilmember Zoller stated that the Planning Commission's concern was the impression that the "rules" are being changed and that Council needs to determine that there is a real hardship. The Planning Commission makes decisions on the rules and not the political side. Councilmember Rheinberger stated that it is the uniqueness of the woodlands that drives the variance. Councilmember Milbrandt stated that the Council basically sold the community and the people in Legends and Liberty a lifestyle with rules and regulations that are consistent. He also stated that there does not seem to be a drastic amount of change in the requested variance and it is positive to the environment and aesthetics of the area. Motion by Council member Bealka, seconded by Council member Rheinberger to approve the variance. Ayes: Council members Bealka, Milbrandt, Rheinberger, and Mayor Kimble Nays: Council member Zoller UNFINISHED BUSINESS Possible second readino of Ordinance No. 920 amendino the Stillwater Citv Code. Chapter 21. Sec. 11 Entitled Election Wards City Clerk Ward reviewed the action of the Charter Commission at the public hearing held on April 15 regarding the proposed redefining of ward boundaries for the City. She stated that if Council desired to accept the Charter Commission's resolution approving Plan C which adds two polling places, one being City Hall, Council would have to reschedule the November 5 meeting. Mr. Richard Colemeir, representing the Charter Commission stated that one person spoke at the public hearing in favor of the Charter Commission's proposed plan and recommended that Council accept the Charter Commission's resolution setting the ward boundaries. Council directed City Clerk Ward to come back to Council with options for rescheduling the November 5, 2002 meeting. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger adopting Ordinance No. 920 amending the Stillwater City Code, Chapter 21, Sec. 11 Entitled Election Wards. All in favor. 7 Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt adopting Resolution 2002-91, designating polling places. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 8:20 p.m. Mayor Kimble reconvened the meeting at 8:30 p.m. Second readinq of Ordinance No. 921 amendinq the Stillwater Citv Code. Section 31. allowinq 10% densitv bonus City Attorney Magnuson reviewed Ordinance No. 921. He stated that this density bonus provision would assist the City in providing affordable housing and that all other development regulations would apply through the normal project review. He also stated that this ordinance requires that affordable housing project meets the federal definition for affordability and at least 80% of the units in the project be affordable. The first reading of the ordinance was on April 2, 2002. Motion by Council member Rheinberger, seconded by Council member Bealka adopting Ordinance No. 921 amending the Stillwater City Code, Section 31, allowing 10% density bonus. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 2002 Street Improvements - Laurie Court Public Works Director Eckles reviewed the memo from Assistant City Engineer Sanders. He stated that Council had directed staff at the public hearing, to reevaluate the need of including Laurie Court in the 2002 Street Improvement project. He stated that staff reevaluated the condition of Laurie Court and that according to the Pavement Management Plan guidelines Laurie Court has a rating of "worst" and that not including this street in this project would mean that the street would continue to deteriorate and be more expensive to repair and result in a higher assessment if done in the future. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to include Laurie Court in the 2002 Street Improvement Project. All in favor. 8 Sale and development of Territorial Prison City Administrator Hansen stated that the developer of the Territorial Prison is requesting that they be put on the May 7,2002 City Council meeting to present a revised site plan and development, estimated project costs and financing. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt directing staff to schedule the developer of the Territorial Prison for the May 7,2002 meeting. All in favor. Trail options for McKusick Lake Ravine Public Works Director Eckles stated that based on Council's request staff requested Bonestroo to develop an extensive analysis of options for the construction of the McKusick Ravine Trail. He reviewed the trail surfaces comparison which included concrete, asphalt, gravel or crushed rock, cellular gravel, gravel with stabilizers, gravel with sealant, wood chips, and grass/dirt. The report also included the costs for each option, estimated life, load bearing, all weather performance, maintenance issues, environmental, aesthetic, and user issues. Councilmember Bealka stated that the cost option is a factor in the decision. Councilmember Zoller stated he liked Options 3, 5, or 6. He stated that the concrete and cellular gravel would be cost prohibitive. Council member Rheinberger stated that Option 2, asphalt would allow for the heavy equipment to pass safely, senior citizens and mothers with strollers are able to use it, the maintenance is minimal and cost effective. Council member Milbrandt asked about the item with asphalt colored to blend. Public Works Director Eckles stated that there are various surface treatments that add a texture to the asphalt. Different kinds of aggregate can be used. Council member Milbrandt asked about the significant maintenance to maintain the gravel with stabilizers and gravel with sealant. He stated that the City does not seem to have the staff to just to maintain or perform extra maintenance of the gravel or gravel with sealant option. He asked if the maintenance cost is included. Public Works Director Eckles stated that the costs are for the installation of the trail and not the cost to maintain the trail. He stated that two years ago staff looked at the gravel sealant and have used it on some of the gravel streets, however the sealant does not have any structural strength and would be the most difficult to maintain. The gravel stabilizer creates a more solid material, but they are biotype materials and it does degrade and after a period of time will have to be reinstalled. He stated that the gravel stabilizer or sealer options could be tried and if it did not work then Council could decide to go to back to a regular gravel/crushed rock trail. He stated that the Comprehensive Trail Plan uses asphalt. 9 Councilmember Bealka stated that the type of trail does not change the ravine, it is still a ravine. He stated that the cost of the options is a factor. Councilmember Zoller stated that gravel could be put down and if it did not work, the asphalt option could be considered later. He stated that once the asphalt is down, the gravel option could not be used. He recommended that the gravel option be used and if there is a problem in the future, Council could consider the asphalt. Mayor Kimble stated that gravel would have to be put down before asphalt and that if the gravel did not work asphalt could be put down later. The cost would be the same. He stated that the steep slopes could be asphalt, but the rest could be gravel and if it obviously does not work could be added later, but in an effort to satisfy the comments, the Council has heard gravel should be tried to see if it would work and have a combination of both gravel and asphalt. Public Works Director Eckles stated that would address the concerns for erosion and the asphalt could be laid starting at the top of the trail. He also stated that it would delineate where the trail is to show that it is a public entrance. Councilmember Rheinberger stated that this is a wonderful opportunity and it should be done right with asphalt. He stated that asphalt fits the problem and provides for community exposure. Councilmember Milbrandt stated he is concerned with the half approach because it gives people the impression that the entire trail is asphalt. He stated that the history of being able to maintain trails in parks is lacking and this is setting us up for failure. He stated he would be in favor of the impervious surface. Councilmember Zoller stated he would compromise and agree with Mayor Kimble's suggest of using asphalt on the steep slopes and gravel on the bottom. Motion by Council member Zoller to use asphalt on the steep slopes and gravel on the bottom. Motion failed due to lack of second. Mr. David "Choc" Junker asked if this was a public hearing. Mayor Kimble explained that this issue was not a public hearing, but that Council opened the discussion at previous meetings as a courtesy to hear public input, but that it now was a Council decision. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to use asphalt on the McKusick Ravine trail. Ayes: Councilmembers Bealka, Milbrandt, and Rheinberger Nays: Councilmember Zoller and Mayor Kimble 10 NEW BUSINESS Approvinq housinq proqram & authorizinq issuance of taxable and tax exempt variable rate multifamily housinq revenue bonds (Curve Crest Villa Proiect) City Attorney Magnuson reviewed the issuance of bonds for the Curve Crest Villa project. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka adopting Resolution 2002-92, resolution approving a housing program and authorizing the execution of various documents in connection with the issuance of taxable and tax exempt variable rate multifamily housing revenue bonds (Curve Crest Villa Project). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Approval of development aqreement for Curve Crest Villa Proiect City Attorney Magnuson reviewed the development agreement for the Curve Crest Villa project, which includes a $610,000 cash payment to the City and the City will also receive % of the 80% appreciated value that the developer receives upon sale or refinancing of the project in 15-18 years. This will limit the developer's profit and repay the City for the use of Tax Increment Financing funds. Councilmember Milbrandt stated that a correction in 3.10.1.4 should be eighty percent instead of eight percent. Councilmember Zoller asked if the sidewalks in this area would be funded by TIF. City Attorney Magnuson stated that sidewalks could be funded by the $610,000. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-93, approving development agreement for Curve Crest Villa Project with corrections. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Preapplication TIF request for construction of 64 condominium units. 9500 square feet of retail space on 382 space parkinq construction on UBC and Olive Street parkinq lot sites. the Sweeney Group, Sherman Associates, applicant. Mr. Brian Sweeny, The Sweeney Group, reviewed the proposed 2nd Street mixed Use Development that includes two sites on 2nd Street in downtown. The proposal has two parts; a 56 unit condominium housing project on the UBC site and a 382 stall parking structure with 9,500 square feet of store front commercial space along 2nd Street 11 between Olive and Chestnut. He stated that he is requesting Tax Increment Financing assistance for this project. Council member Rheinberger stated he thinks the process should move ahead. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt directing staff to proceed in working with The Sweeney Group with plan development, financing and TIF assistance. All in favor. City Attorney Magnuson stated that another item should have been addressed under Unfinished Business, Item 4, which is the adoption of resolutions for a DTED application for an environmental cleanup and committing local match for the Territorial Prison site. This is similar to the 501 North Main site. The developer's attorney told Mr. Magnuson that he has received assurances that if there is no project the local match would be paid for by the developer, and if there is a project the local match would be paid by TIF. Motion by Councilmember Rheinberger, seconded by Council member Bealka adopting Resolution 2002-94, approving the contamination cleanup grant application and Resolution 2002-95, committing local match and authorizing contract signature. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Approval of recommendation to State Fire Marshall Code Advisorv Panel for variance from N.F.P.A. 13 sprinkler svstem requirement - Ascension Church Tom Linhoff , representing the fire department reviewed the request for a recommendation from Council regarding the variance from N.F.P.A. 13 sprinkler system requirement for Ascension Episcopal Church for the front area of the main sanctuary, the area of the altar and organ. Councilmember Zoller stated this relates to the old part of the church for historic reasons. Mr. Linhoff stated that is correct and that all of the other portions of the church would be protected by a sprinkler system. He also explained the process. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger recommending the variance from N.F.PA 13 sprinkler system requirement. All in favor. Approval of transfer of Wine and Stronq Beer Liquor License from LaRecolte. Inc. (Harvest Inn) to Amv's at Brunswick, Inc. (Amv's at Brunswick) Mayor Kimble reviewed City Clerk Ward's memo regarding the transfer of a Wine and Strong Beer liquor license from LaRocolte, Inc. to Amy's at Brunswick, Inc.. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger adopting Resolution 2002-96, approval of transfer of Wine and Strong Beer Liquor License from 12 LaRecolte, Inc. (Harvest Inn) to Amy's at Brunswick, Inc. (Amy's at Brunswick) conditioned on approval from City departments and Minnesota Liquor Control. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Approval of new tobacco license - St. Croix Music Cafe Mayor Kimble reviewed the request by St. Croix Music Cafe for a tobacco license. Council member Bealka expressed concern about approving a tobacco license when there is concern on the effects of smoking. Mayor Kimble stated that it is a legal substance which is licensed. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka adopting Resolution 2002-97, Approval of new tobacco license for St. Croix Music Cafe, contingent on City department approvals. Ayes: Council members Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: Councilmember Bealka Acceptinq Bids and Awardinq Contractinq for 2002 Street Improvements Public Works Director Eckles stated that the bids were received for the 2002 Street Improvements and that the bids came in lower than the Engineer's estimate of $685,000. He stated that the low bid was from TA Schifsky & Sons, Inc. for $527,384.70. Mr. Eckles stated that because of the bids being so low that there is a possibility of adding another street to the project, such as Deerpath and use the same unit prices. However, in order to do this would involve having another public hearing on the project immediately. Councilmember Zoller stated he would rather see the money used to patch some of the one-block streets that will extend street life for a few more years. Council member Milbrandt concurred with Councilmember Zoller and stated that Deer Path has history and emotion with it, and to reconstruct "as-is" may not be the best longer-term interest for that street. In response to Council member Zoller's comment, Mr. Eckles stated that the policy in the City has been to assess the property owner for overlays so this would be a change in policy. Councilmember Zoller stated that he was talking about is not long stretches, but a block here and there and not assess those people for that type of project. 13 Mayor Kimble stated that because the bids came in lower, the City has extra bonding ability. The extra work added could be added but without assessments to pay the bill it would have to be paid for out of general taxes. Councilmember Milbrandt stated that there is an opportunity to get more streets done cheaper and should be assessed. Council member Zoller stated that there are partial streets that need work, and that our maintenance crews do not have the equipment to fix these streets. Councilmember Milbrandt asked if there is any way to get this price from the contractor once staff determines the next streets in line for repair. Councilmember Zoller stated that the City could add to the contract, up to 25%, and get the same unit prices. Motion by Councilmember Rheinberger, seconded by Council member Bealka adopting Resolution 2002-98, accepting bids and awarding contract for 2002 street improvement project. Ayes: Councilmembers Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: Council member Bealka Possible elimination of lifequards at Lilv Lake Beach Public Works Director Eckles reviewed Public Works Superintendent Thomsen memo regarding the elimination of lifeguards at Lily Lake Beach. Mr. Eckles stated that many cities are going without lifeguards because it has become difficult to find lifeguards. College kids who provided this service have a shorter swim season because they do not get out of college until mid June and have to go back before Labor Day, or work in water parks because of better wages and benefits. The cost for lifeguards is approximately $13,000 - $20,000 for a 7-8 week period. He also stated that Mr. Thomsen has been in contact with the Loss Control Consultant for the League of Minnesota Cities who would help with the signage of the beach, and Mr. Thomsen recommends the placement of an emergency telephone and the setup of a portable restroom. Councilmember Milbrandt stated that the Park Board recommended the elimination of the lifeguards. Motion by Council member Milbrandt, seconded by Council member Bealka to eliminate lifeguards at Lily Lake Beach and directed staff to place signage, a portable restroom and emergency telephone at Lily Lake Beach. All in favor. 2002 Farmers Market Request for use of Riverview Parkinq Lot City Administrator Hansen reviewed the request to use the Riverview Parking lot for the 2002 Farmers Market, which has used the lot the past two years. 14 Motion by Councilmember Bealka, seconded by Council member Rheinberger approving the use of the Riverview Parking lot for the 2002 Farmers Market. All in favor. First readinq of ordinance amendinq the Stillwater Citv Code to add, Chapter 32-1. entitled Subdivision. City Attorney Magnuson reviewed the addition of new Section 51-1, subdivision 4(1 )(g) regarding that when land conveyed is not a "subdivision" as defined by the Code, the Community Development Director is authorized to review and process the request for certification. Motion by Councilmember Rheinberger, seconded by Council member Bealka approving the first reading of an ordinance amending the Stillwater City Code to add, Chapter 32-1, entitled Subdivision. All in favor. Mr. David "Choc" Junker asked about a public hearing on the redistricting. Mayor Kimble explained that the Charter Commission held the public hearing on April 15. Mr. Junker expressed concern on the elimination of the lifeguards at Lily Lake. Mayor Kimble explained why the lifeguards would not be at Lily Lake. Mr. Junker stated that he heard that the City is going to put down railroad tracks from the Zephyr to the gazebo. Mayor Kimble explained that the railroad tracks were removed by the City as part of the storm sewer project and because of the Good Morning America program the railroad now wants the tracks replaced. COMMUNICATIONS/REQUESTS Approval of expenditures for Good Morninq America proqram. Mayor Kimble reviewed the Good Morning America information, which is part of their 50 states, one nation, one year news program, to be held on Tuesday, April 30, 2002. He stated that it does not apply to our motion picture or commercial ordinance because it is a live news program. Mr. Eckles stated that the railroad would be replacing the tracks next week. They would not let the City hire a contractor to replace these tracks and the costs will be charged back to the Trout Stream Mitigation project. Mayor Kimble requested funding for expenditures such as banners, street sweeping, bulk mail notice to residents, etc. He stated that there has been an offer by Melrose Pyrotechnics to shoot off 7-8 eight-inch firework shells when Diane Sawyer and Charlie 15 Gibson get off the Zephyr at 6:00 a.m. He also stated that various businesses will be donating items and the Chamber of Commerce will be assisting as well. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller authorizing expenditures up to $5,000 relating to costs for the Good Morning America program and approving the installation of banner. All in favor. Financial Statement from the Board of Water Commissioners Councilmember Milbrandt requested that a copy of the full financial statement from the Board of Water Commissioners be provided to the Council. COUNCIL REQUEST ITEMS Councilmember Zoller stated that a couple of years ago, money was approved for the Old Athletic Field for a park and it has not been installed yet. He stated he would like to see it constructed this year. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adjourn at 10:08 p.m. All in favor. Attest: M~-/aJ kJaAd Diane F. Ward, City Clerk ~r Resolution 2002-758, Master Lease Purchase Agreement - Fire Department Truck Resolution 2002-78, directing payment of bills Resolution 2002-79, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Elks Lodge 179, 279 E Myrtle Street, Stillwater, MN Resolution 2002-80 approval of contract with John Ballis to perform background checks for Fire Department employment Resolution 2002-81, abating delinquent garbage fees assessment on Parcel No. 20.030.20.33.0018 Resolution 2002-82, approving Change Order NO.4 for the Public Works Facility Resolution 2002.83, extending fire protection contracts with Townships of Stillwater, May and City of Grant Resolution 2002-84, approving mutual aid agreement with the City of Mahtomedi Resolution 2002-85, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Cutters Pub & Grub, 112 N Main Street, Stillwater, MN Resolution 2002-86, approving Minnesota Premises Permit for Gambling for Elks Lodge 179, at Loggers, 231 E Myrtle Street, Stillwater, MN 16 Resolution 2002-87, a resolution of the Charter Commission of the City of Stillwater redefining ward boundaries pursuant to City Charter Section 3.01, Subdivision B (received by Council) Resolution 2002-88, Approval of the relaying of sanitary sewer line from Lily Lake Arena to Greeley Lift Station Resolution 2002-89, approving the Modified Development Program for Development District NO.1 and the establishment of Tax Increment Financing District No.9 and the adoption of the Tax Increment Financing Plan for District NO.9. Resolution 2002-90, approving Comprehensive Plan Amendment, Case CPN02- Resolution 2002-91, designating polling places. Resolution 2002-92, resolution approving a housing program and authorizing the execution of various documents in connection with the issuance of taxable and tax exempt variable rate multifamily housing revenue bonds (Curve Crest Villa Project). Resolution 2002-93, approving development agreement for Curve Crest Villa Project with corrections. Resolution 2002-94, committing local match and authorizing contract signature Resolution 2002-95, approving the contamination cleanup grant application Resolution 2002-96, approval of transfer of Wine and Strong Beer Liquor License from LaRecolte, Inc. (Harvest Inn) to Amy's at Brunswick, Inc. (Amy's at Brunswick) adopting Resolution 2002-97, Approval of new tobacco license for St. Croix Music Cafe. Resolution 2002-98, accepting bid and awarding contract for 2002 street improvement project. Ordinance No. 920 amending the Stillwater City Code, Chapter 21, Sec. 11 Entitled Election Wards. All in favor. Ordinance No. 921 amending the Stillwater City Code, Section 31, allowing 10% density bonus. Ordinance No. 922, An Ordinance Amending The Stillwater Code, Chapter 31-1, Subd. 5, S 2 Entitled Zoninq Maps And Boundaries By Amending 'The Zoninq Map Of The Citv" To Rezone Property Within The Business Park Industrial (BP-I) Zoning District To The High Density Residential (RCH) District 17