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HomeMy WebLinkAbout2003-01-07 CC MIN . CITY OF STillWATER CITY COUNCil MEETING NO. 03-01 January 7,2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad City Clerk Ward Councilmember Elect Kriesel Councilmember Elect Junker OTHER BUSINESS . Possible approval of aQreement with Max Todo for the CayuQa City Administrator Hansen reviewed the agreement with Max Todo for the Cayuga. He stated that a list of items that were to be taken care of in the course of their three year lease. He stated that a majority of the items have been repaired or are in a continuous state of repair. He also stated that the current contract is for three years with three one- year extensions. Mayor Kimble asked City Attorney Magnuson if the contract included a provision that if the bridge went through they would have to vacate the premises. City Attorney Magnuson stated that the original agreement did not address that issue but is proposed in the Addendum to the agreement. Mayor Kimble provided the history on the acquisition of the Cayuga, its relationship to the City and the original agreement with the Huninghakes to using the site and in return, they would do some repairs to the Cayuga. He asked Police Chief Dauffenbach if since this agreement has been in place the vandalism in this area has been greatly reduced. Police Chief Dauffenbach stated that since the Huninghakes began occupying that area the vandalism to the storage area has been greatly reduced. . Councilmember Rheinberger asked about selling the boat and barge to the Huninghakes. Mayor Kimble stated that the City could sell the property if the Huninghakes wanted to buy it and the City wanted to sell it. . City Council Meeting - 03-01 January 7,2003 City Attorney Magnuson stated that it would have to go through the Charter process for the sale. Councilmember Rheinberger stated that he felt it fit the Huninghake's program more than it fits the City's program. Council member Milbrandt stated that it is a useable tugboat tied to shore that the Huninghakes have made presentable and what the City uses is the barge. Mayor Kimble stated that if the City would want to sell it he did not know who would buy it because it does not have a current marketable value. He stated that to make it a usable tow boat to use on the river system would cost more than a new tugboat. He stated that the reason the city has it is because it is part of the St. Croix River history and is part of Aiple property interpretive center when that property is developed. Councilmember Rheinberger stated he felt that it should be off the property books. He felt it was not a core value to the City. Councilmember Zoller stated that it is not costing the City money at this time. The Huninghakes are taking care of it, repairing it, using it and protecting it and the surrounding property from vandalism. He stated that a decision to sell the boat does not need to be done at this time. . Council member Milbrandt stated that the cost to the City to just move the barge for Lumberjack Days would probably cost half of what is donated for Lumberjack Days, and that is something we do not pay for with this arrangement. He stated that there are a few items that should be removed from the list of repairs. He also stated that the Huninghakes presence in the area has mitigated vandalism. Mayor Kimble stated that the agreement allows for three one-year extensions and that the Huninghakes are asking to put the three one-year extensions together instead of separately. He reviewed previous Council's decision on the Cayuga and it is planned to be part of the Aiple Park development. Council member Rheinberger stated that this is not a historic boat; it is an aquarianism in history. He stated that if the boat sinks the City has to pay for it, there is a City risk. Council member Bealka asked if this area would be a good place for the aquarian cars to launch. The Huninghakes stated that they do let the aquarian cars launch from there. Councilmember Milbrandt suggested that Items 8-Aft Bulk Head t be raised 3' to 4' and reinforced and 9-Shaft Bulk Head to be raised 3' to 4' and reinforced should be removed because those items may never be completed. . Motion by Councilmember Bealka, seconded by Councilmember Milbrandt to adopt Resolution 2003-08, approval of Addendum No.1 to Lease Agreement with Max Todo Marine Services, Inc., for a three-year term with Items 8 and 9 being eliminated from the repair list and Item 12 to be changed to paint removal and new paint to keep in reasonable appearance. Page 2 of 19 . . . City Council Meeting - 03-01 January 7, 2003 Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: Councilmember Rheinberger Discussion on lobbyists City Administrator Hansen reviewed the two proposals for lobbyist services from Legislative Associates and Capital Gains, Inc. He asked for Council direction on choice of lobbyist or to provide additional proposals to Council. Council member Rheinberger stated that he would like to see more proposals or a time out on having a lobbyist. He is concerned that with cuts to LGA, the budget is not going to have extra money for lobbyist, and with the state deficit there will not be money available from the state. He stated he did not want to spend money for lobbyists on issues that are not city issues. City Administrator Hansen stated that Mr. Mike Campbell, a resident, who has been working for free on the funding for Brown's Creek Imitative believes the City has an excellent chance of getting the funding that passed the legislation but was vetoed by the governor because it is Capital Bonding Funds which is a different pool of money. Councilmember Milbrandt stated that during the budget process, Council reduced the lobbyist services item by half and at this point, he is not willing to cut to zero. He stated that he is concerned that getting a new lobbyist at this time for fear the money would be spent educating the lobbyist on City issues such as the levee wall. He also stated that a longer look should be done for the City's lobbying efforts for 2004. Motion by Council member Bealka, seconded by Councilmember Zoller to table the decision on the hiring of a lobbyist and receive additional proposals. All in favor. STAFF REPORTS Police Chief Dauffenbach stated that he would not be able to get new police cars in the blue that the department currently has. He stated that the department is looking at going back to the traditional black and white. City Clerk Ward informed Council that the mail ballots for the Special Election would be sent out tomorrow, January 8. Councilmember Rheinberger stated that he has had a complaint regarding the home at 912 W. Churchill that is all boarded up and that maybe it should be fixed up or torn down. Councilmember Bealka stated that the house is owned by the hospital and will be used for Habitat for Humanity. City Administrator Hansen reminded Council the Congressional City Conference is March 7-11 and he will need to make reservations as soon as possible. Page 3 of 19 I . . . . City Council Meeting - 03-01 January 7,2003 Council member Milbrandt stated that there should be a process on who attends these events. City Administrator Hansen stated that most of the time only one or two members of Council usually attend. Councilmember Zoller stated because of budget cuts this is one item that the future council should review. Mayor Kimble recessed the meeting at 5:20 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad City Clerk Ward Councilmember Elect Kriesel Councilmember Elect Junker APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Zoller to approve the December 17, 2002 regular minutes. All in favor. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward administered the Oath of Office to Mr. David Junker - Ward 1, Mr. Gary Kriesel - Ward 4 and Mayor Kimble. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adjourn the meeting at 7:09 p.m. All in favor. Mayor Kimble called the meeting to order at 7:40 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Page 4 of 19 . . . City Council Meeting - 03-01 Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Fire Chief Kallestad City Clerk Ward January 7, 2003 RECOGNITION OF OUTGOING COUNCllMEMBERS Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-09, commending Council member Terry Zoller. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-10, commending Councilmember Gene "Taco" Bealka. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble presented Councilmember Zoller and Councilmember Bealka with plaques recognizing their service as Councilmembers to the City. Councilmembers Zoller and Bealka thanked Council, families and staff for their support during their terms in office. They also commended staff for the work they have done for the citizens of Stillwater. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Newly elected Washington County Commissioner Nile Kriesel updated the Council on County Board actions affecting Stillwater. He stated that the No Parking zone on the west side of Owens Street, between Maple Street and McKusick Road, and a 20 mph speed zone, established approximately 300 feet north and south of the intersection of Willard Street and South 3rd Street. He also stated that the improvement of a left turning lane on County Road 15 would probably not take place because of the proposed upgrading of County Road 15 in 2006. He stated that if Council had any concerns relating to Stillwater to contact him and that he will do his best to serve the residents of Stillwater. CONSENT AGENDA Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adopt the Consent Agenda with the exception of the resolution approving the Minnesota premises permit for gambling for the Forest Lake Athletic Association at the St. Croix Music Cafe, 317 South Main Street, Stillwater, MN. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 5 of 19 . . . City Council Meeting - 03-01 January 7,2003 Resolution 2003-01, directing payment of bills Resolution 2003-02, abating assessment for Parcel No. 34.030.20.23.0089 Approval of cost sharing for lobbyist for Middle St. Croix WMO Lobbing Effort Resolution 2003-04, approving renewal Agreement with The Sandcreek Group for Employee Assistance Program Services. Consideration of request for Garbage Waiver from Jill Coleman Resolution 2003-05, Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by the City of Stillwater; Establishing Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code Resolution 2003-06, resolution approving amended Fire Protection Contract with the City of Grant Resolution 2003-07, approval of Forestry Consultant contract Resolution 2003-11, renewal of Towing License for 2003 Request to purchase three computers for Engineering/Public Works Dept. Request to purchase sign making machine and cutter Request to purchase equipment from State bid - Parks, Public Works, Sewer Depts. Request to purchase computer training coupons - MIS Request to purchase a floor burnisher - Plant/City Hall Request to purchase 2003 Squad Cars - Police Councilmember Kriesel stated that he would like to see a local organization have the premises permit rather than another organization from outside of Stillwater so the contributions stay in Stillwater. Council member Rheinberger agreed with Councilmember Kriesel by stating that charity begins at home. Motion by Council member Milbrandt, seconded by Councilmember Junker to table the approval of the premises permit for Forest Lake Athletic Association. All in favor. PUBLIC HEARINGS Case No. V/02-77. Request from Dan Challeen for a variance to construct a 24' x 28' QaraQe with a 12 foot setback (30 feet required) at 2103 SchulenberQ Alley in the RB. Two Family Residential District applicant. Community Development Director Russell reviewed the request of Mr. Dan Challeen to appeal the Planning Commission's decision on a variance to construct a 24' X 28' garage with a 12 foot setback instead of a 30 foot setback which is required at 2103 Schulenberg Alley. He stated that the Planning Commission approved as a condition of approval that the shed be removed or reduced in size and that is what the applicant is appealing. Mayor Kimble asked if it is because there are two structures is the reason for the condition. Community Development Director Russell stated that the garage could be 1000 square feet and the accessory structure 120 square feet. It is because the buildings are separate that this condition was part of the approval. Page 6 of 19 . . . City Council Meeting - 03-01 Mayor Kimble opened the public hearing. January 7, 2003 Mr. Dan Challeen, applicant, provided photographs of the current shed. He stated that he has been working with Mr. Russell and the commission but is appealing the condition of approval. He stated that if he reduces the sides of the shed it will no longer be aligned; the shed fits in with the historical character of Dutchtown; there has been a precedent allowing a secondary structure to be more than 120 square feet after a garage has been built at 816 N. Owens Street and has the support of his neighbors for this request. He read letters of support from Judy Foster, 2011 Schulenburg Alley and Hazel Winterland. Councilmember Rheinberger asked why he could not reduce the shed. Mr. Challeen stated that he could reduce the shed however it presently fits the historical character of Dutchtown. He stated that he is still within the 1000 feet restriction even though it is two structures. Councilmember Kriesel asked if the shed were attached to the garage would it conform. Community Development Director Russell stated if it was part of the garage it would conform. Mr. Tony Kershbaum, 2017 Schulenburg Alley, stated he was in support of the variance and that the existing garage should be preserved to maintain the character and charm of Dutchtown. He also stated that preserving the historic nature of Dutchtown and the City of Stillwater is more important that strict compliance. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he is in favor of the variance because of the aethsetics of the building; it is historical as it was built in the 1880s and there is a hill in the way so it could not be joined. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger approving the variance to 2103 Schulenberg Alley. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. SUB/02-76. Request from Dan Challeen for a resubdivision of Lots 1 and 2 into one lot of .33 acres located at 2103 SchulenberQ Alley in the RB. Two Family Residential District (continued from November 13, 2002 meetinQ). Community Development Director Russell reviewed the request from Mr. Dan Challen for a resubdivision of Lots 1 and 2 into one lot of .33 acres located at 2103 Schulenberg Alley. Mayor Kimble opened the public hearing. There were no public comments. Page 7 of 19 City Council Meeting - 03-01 January 7, 2003 . Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-12, approving the subdivision of property located at 2103 Schulenberg Alley. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. V/02-86. Consideration of an appeal of the Planninq Commissions decision on a request from Scott and Lisa DeMars for a variance to the side yard setback (5 feet required, 3 feet requested) and a variance to the impervious surface (30 percent allowed, 33.5 percent proposed) caused by an existinq residence lot split located at 603 Churchill Street West in the RB. Two Family Residential District. Community Development Director Russell reviewed the appeal the Planning Commission's decision on a request from Scott and Lisa DeMars for a variance to the side yard setback of 5 feet (3 feet was requested) and a variance to the impervious surface of 30 percent (33.5 percent requested) caused by an existing residence lot split at 603 Churchill Street West. Mayor Kimble opened the public hearing. . Mr. Scott DeMars stated that he and his wife are the owners of 603 Churchill St., Lots 1 and 2 Block 9 Holcombe's Addition, and are requesting a variance on the existing home on their property, so they could divide the two lots with the intent of building a home on the vacant lot. He stated that the variance was needed because the new lot line would be within the 5' minimum required side-yard set-back from the existing home. He also stated that the new home can be built within all current building codes and set-back requirements. They also needed a variance for impervious square footage for the existing home which exceeds the code by 3.5%. He stated that approval was given by the Planning Commission on December 9, 2002. After a thorough discussion, they were able to show that: · The proposed home could be built at a distance from both adjacent homes that would meet or exceed the current fire codes (see exhibits A-I and A-2). · The impervious coverage is a non-issue, as there are 2 storm sewers adjacent to our property, (refer to file details). · They satisfy Minnesota State Statutes definition of hardship by meeting all needed criteria of reasonable use, unique circumstances, and character of locality. . Mr. DeMars stated that Mr & Mrs. Ehler's letter is requesting an appeal of the Planning Commission's decision of acceptance and approval of the variance. He also stated that the Ehler's appeal states three possible concerns. All three of these concerns were addressed in great detail at the Planning Commission meeting with multiple solutions which meet or exceed city code standards. Page 8 of 19 . City Council Meeting - 03-01 January 7,2003 Mr. DeMars stated that concern #1 was the creation of a "substandard lot". This is a misunderstanding. Both lots in and of themselves meet or exceed standards set forth by the city code. He referred to a memo by Community Development Director Russell, "With the variance approval, the subdivision can be approved as conforming with the zoning requirements for lot dimensions and size." Mr. DeMars stated that the second concern #2 was lack of justified hardship and that this issue was addressed and overcome at the planning meeting, and in the "Findings" on the original Planning Staff Application Review Form which state: "That a hardship peculiar to the property, not created by any act of the owner, exists," and "That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not already enjoyed by his neighbors," and "That the authorizing of the variance will not be of substantial detriment to adjacent property... nor adversely affect the comprehensive plan." He also stated that the Planning Commission sets a high standard to be met concerning hardship, as does the Minnesota State Statutes, which clearly put forth a test which must be met. We have shown that they satisfy the Statutes' definition of hardship by meeting all needed criteria of reasonable use, unique circumstances, character of locality. . Mr. DeMars stated that concern #3 pertained to fire code and drainage issues. These concerns were also discussed in great detail at the Planning Commission meeting. As he stated earlier, the new home can be positioned on the lot so as to allow a maximum distance between homes that meets or exceeds the current building codes, and there are 2 storm sewers adjacent to our lot which dismiss the impervious surface issue. Mr. DeMars stated that the subdivision of our 2 lots is based on the approval of their variance request. He stated that the original letter from the Planning staff, states the subdivision would be approved the existing home was within a 5 foot side-yard set- back, or if the variance was granted. He also stated that the lot split and home proposal fit in with the "Stillwater Theme." He stated that in fact they would have been willing to comply with any conditions regarding building styles set forth by the Planning Commission to ensure this point, so as to improve the image of our neighborhood as they are proposing. . Mr. DeMars stated that on December 4, the Ehlers sent a letter to the City Planner expressing their opposition to our variance and their letter stated, "We have been looking at an empty lot there since we bought our place in 1968. Filling the lot with a big house will be hard enough to take ... having one built within 3 feet of our property line is simply not acceptable to us." This is another misunderstanding. He stated that the variance concerns the lot line between our home and our vacant lot, not the Ehler's lot line, and that the proposed new house is only 26' wide. He stated that this letter from the Ehlers was placed in our file and was thoroughly addressed at the planning commission meeting. Mr. DeMars stated that the Ehlers have known them since they purchased 603 Churchill in 1998 as a HUD house. It took them a year to renovate the house, and they rented it out to a family in 1999. He stated the Ehler's knowing my history with rental Page 9 of 19 . City Council Meeting - 03-01 January 7,2003 property and the housing market, have on occasion asked for my opinions on these subjects. He also stated that last summer they mentioned that they might be interested in renting out their house, so I spent a couple of hours reviewing rental agreement forms with them. He also stated that within the last six months, Mr. Ehlers has shared with me his home's market valuation given by local real estate agent's with intentions of possible sale or rental of his home. Mr. DeMars summarized that this variance has been reviewed in great detail by the Planning Commission, and approved as proposed with no conditions. They have confirmed their decision here tonight by showing that they can position the new home to meet all current codes, that impervious square footage is a nonissue in this case, that they meet the criteria for undue hardship, and they have a petition signed by 33 neighbors in support of the lot split. Unfortunately, this appears to have become an issue of Mrs. Ehlers and her "VISUAL OWNERSHIP" of our lot, and not our rights as property owners. This proposal is offered in good faith to benefit the neighborhood by the prospect of building a home designed with the character and style to fit the "Stillwater Theme." . John Ehlers, 611 Churchill Street W., stated that he lives on the other side of the lot and that his original objection for the granting of this variance was due in part to the misunderstanding on his and his wife's part as they felt at the time the variance affected the east side of the lot and they have found out since then it did affect the other side so that has been cleared up. He stated that the very fact that there was a misunderstanding reminds him of the current problem with this case. He stated that since 1967 he and his wife have been looking at what amounts to a vacant lot next to their home at 611 West Churchill. The only change that they have seen in over 32 years is the removal of three large trees that was necessary due to the condition of the trees. He also stated that someone said that they have become guilty of what has become described as visual ownership and he surely admitted to that at this point. He stated that they remember neighbor kids playing ball there and their own kids spending a lot of time there. Mr. Ehlers stated that it is difficult for them to envision a lot being filled with a house and a garage and that they fully realize that they do not own the lot and cannot prevent the current owners from building on that lot; however, they feel that the granting of the proposed variance would create a substandard lot. He stated that the fact that a variance is necessary supports that. He also asked if it is not reasonable for anyone to assume that there is sound reasoning behind Stillwater's setback requirements now in effect? He also stated that variances are by nature contrary to regional intent unless they involve hardship cases and they do not believe that a hardship case has been demonstrated here. . Mr. Ehlers stated that Mr. DeMars has brought up the fact that they are appealing his variance in some original letters that were sent to the Planning Commission. Mr. DeMars said that they were appealing his variance, yet in 1983 we were granted a building permit to build an addition with no variance, which was 12 inches from our lot line and 7 feet from our Western neighbors house. Again a misunderstanding this time on Mr. DeMars part. Page 10 of 19 . City Council Meeting - 03-01 January 7,2003 Mr. Ehlers stated that the reason that they did not need a variance in 1983 was that they were simply remodeling an existing structure, no variance was needed, no building permit was granted. He stated that he did not believe that such 1983 facts should have a bearing on a variance proposal in 2003. Mr. Ehlers stated in response to the topic of their neighbor being only 7 feet from their house he responded by saying that approximately 4 years ago on Christmas Eve their western neighbors experienced a major fire and because that house was only 7 feet from their house, thanks to the building expertise of the 1880 builders, they experienced real anxiety that evening that their home too would go up in smoke. Stillwater's fire department prevented that from happening. He also stated that while a proposed variance does not affect the west side of the DeMars lot he asked that the council consider fire safety issues before granting permission for any further close structures. Mr. Ehlers stated that they do not propose to be fire safety experts, that they only remember their fears and they would hate to see others possibly in the same situation. . Mr. Ehlers stated that Mr. DeMars brought to the attention of the council the fact that he and his wife are possibly planning to sell or rent their home and move somewhere else. He stated that he recently retired two years ago and was disappointed that such information should be made public for the sake of ones own personal gain. He also stated that he believes it is quite normal for recently retired people to speculate on the future and his wife and he reserve the right to due so and that his mistake was sharing it with neighbors and felt strongly that such speculation should have no bearing on the granting or refusal of a variance. Mr. Ehlers stated that anything you say can and will be used against you should be delegated only to criminal matters. Mr. Ehlers stated that Mr. DeMars has asked for a variance in other presentations to the Planning Commission in light of other violations in Stillwater. He stated that he has often been frustrated when he has been told that he cannot do what others seem to get away with, yet he keeps reminding himself that mistakes by others in the past do not justify making the same mistakes again. Mr. Ehlers stated in closing that he and his wife realize that a building of some sort will invariably come to the lot in question and that Mr. DeMar's has presented to them just recently a list of six options that he can build on that lot without any variance being granted and one option that will be built if the variance is granted. He stated that he believed that if the open intent to build on that lot would have been convened to them from the very beginning perhaps all this controversy and hard feelings could have been avoided. He stated that the City Council will now decide what type of structure will fill the lot by deciding to grant the variance or by deciding to deny the variance and that he and his wife hoped that they have conveyed their point of view of the proposed project and concern with the granting of the variance and they believe that anyone in their position would feel the same way. Mayor Kimble closed the public hearing. . Community Development Director Russell stated that a condition of approval could be the Design Review Process. Page 11 of 19 . . . City Council Meeting - 03-01 January 7,2003 Mr. DeMars stated that the design is flexible, however they want to keep with the theme and hope in the future that other infilllots will keep with the theme of their neighborhood. Mayor Kimble asked Fire Chief Kallestad if when there is closeness such as this what are the requirements. Chief Kallestad stated that he is unsure what the requirements are because it is a building code requirement not a fire code requirement, however he is certain that the Building Official will make sure it meets the code. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to uphold the Planning Commission's decision and allow the variance to 603 Churchill Street West. All in favor. Case No. SUB/02-87. Request from Scott and Lisa DeMars for a subdivision of Lots 1 and 2. Block 9, Holcombe's Addition. into two lots. Lot 1 - 7.510 square feet and Lot 2 - 7,511 square feet. located at 603 Churchill Street West in the RB, Two Family Residential District. Community Development Director Russell reviewed the subdivision request of Scott and Lisa DeMars for Lots 1 and 2, Block 9, Holcombe's Addition into two lots at 603 Churchill Street West. He stated that Lot 1 would be 7,510 square feet and Lot 2 would be 7,511 square feet. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve Resolution 2003-13, approving the subdivision of property located at 603 Churchill Street West. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. SUB/02-83. Request from Robert and Carol Greethurst for a subdivision of Lot 11. Block 1, Linson Addition, 1602 South Greeley Street, into two lots consistinQ of Lot 1 - 11.760 square feet and Lot 2 - 15,575 square feet in the RA. SinQle Family Residential District. Community Development Director Russell reviewed the request from Robert and Carol Greethurst for the subdivision of Lot 11, Block 1, Linson Addition (1602 South Greeley Street) into two lots. He stated that Lot 1 would consist of 11,760 square feet and Lot 2 would consist of 15,575 square feet. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Page 12 of 19 . . . City Council Meeting - 03-01 January 7, 2003 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-14, approving the subdivision of property located at 1602 Greeley Street South. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. 5UB/02-63. This is the date and time for a public hearino to consider a request from Anchobaypro. Inc., for a subdivision of a 3.71 acre lot into 14 residential lots and one 1.7 acre commercial lot located on the west side of CR 5 and south of Curve Crest Blvd in the TH, Townhouse Residential District and the BP-C, Business Park Commercial District. Community Development Director Russell reviewed the proposed request for a subdivision into 14 residential lots and on 1.7 acre commercial lot. Mayor Kimble opened the public hearing. Steve Gallati. 1167 Parkwood Lane, stated that he understood that the streets in that development are going to be substandard and it was approved at the last meeting, but was wondering if that was correct. Mayor Kimble stated that the streets were going to be narrower than normal streets. He stated that parking would be in driveways rather than on the streets, which reduces the imperviOUS surface for runoff as typical as some of the modern developments and the smaller streets reduce speed. Mr. Gallati asked if this was accepted at a meeting that was cancelled thus the neighbors were notified that that meeting was cancelled and he was curious as to why that would be approved at a cancelled meeting. Mayor Kimble stated that there was a meeting on this issue a public hearing that was cancelled then it was renotified for a later public hearing where that may have been done but there was no decision made on the night of the cancellation. In addition, Mr. Gallati asked where is the sewer and water going to come in to this development and how is the street going to be developed. Community Development Director Russell stated the sewer comes from Curve Crest extension plans and then the water will loop through the site connect to Parkwood Lane through Curve Crest extension. Councilmember Milbrandt stated that if he is not mistaken at the meeting Council had a month ago, those streets are private but the utilities were public and the City gets access/easement to the utilities. Public Works Director Eckles stated that was correct and explained the installation of utilities into the development. Mr. Gallati asked if utilities would be available to his home. Page 13 of 19 . . . City Council Meeting - 03-01 January 7,2003 Public Works Director Eckles stated that staff could meet with Mr. Galliday regarding the installation of utilities to his property. He stated that the utilities placed in this development are not only for the development but to serve other properties in the area but there would be cost to the other properties. Mr. Gallati asked what the residential density was for this property. Community Development Director Russell stated that the development is seven units per acre and the residential portion is two acres so it would be 14 units for residential. Mr. Greg Wind stated that that everything is going on top of his driveway and that no one has talked to him about purchasing the property. He stated that his driveway extends to County Road 5 and that it looks like the sewer and water will be going through his property and yet no one has talked to him about the installation of utilities. Mr. Tim Nolde stated that Mr. Wind's driveway is located on his property but that he would give Mr. Wind a prescriptive easement for the driveway. Mr. Nolde stated that the sewer and water is coming up the ditch of County Road 5 in an easement. Mr. Wind stated that there was no easement. He stated that he owns the property through adverse position, he has lived there for 24 years and adverse possession is 13 years. Mayor Kimble stated there sounds like there is a property dispute separate from the request before Council and that Council can not give an opinion as to whether the property is Mr. Wind's or Mr. Nolde's. He stated that the property cannot be developed until the dispute is resolved, however it can be subdivided at this time. Mr. Wind stated that from his yard to where the sewer ends, Mr. Nolde wanted $100,000 and County Road 5 was put over his septic system. He stated that Washington County admitted fault and was giving him $1,000. He felt that this issue should be stopped until this matter gets resolved in a court of law. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-15, approving the subdivision of property located at Parkwood Lane. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 9:05 p.m. Mayor Kimble reconvened the meeting at 9:15 p.m. Page 14 of 19 . . . City Council Meeting - 03-01 UNFINISHED BUSINESS January 7, 2003 Board and Commission appointments/Council Representative Appointments Mayor Kimble reviewed the memo from City Clerk Ward stated that Council representatives need to be appointed to the Parks Board, Planning Commission and Joint Cable Commission. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to appoint Councilmember Rheinberger to the Joint Cable Commission. All in favor. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to appoint Councilmember Milbrandt to the Parks Board. All in favor. Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to appoint Councilmember Junker to the Planning Commission. All in favor. Mayor Kimble stated that information is still forthcoming on the appointments to the Human Rights Commission and recommended that the appointments be tabled. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to table the Human Rights Commission appointments. All in favor. Mayor Kimble reviewed the information for the appointments to the Parks and Library Boards and Planning and Joint Cable Commissions. Councilmember Rheinberger stated that Mr. Donna should be appointed to the Parks Board. Councilmember Rheinberger stated that Mr. Middleton, Mr. Peroceschi and Mr. Turnquist should be appointed to the Planning Commission. Councilmember Milbrandt stated that he does not have any objection to Mr. Turnquist's appointment, however that Mr. Roetman has served on the Planning Commission before, is familiar with the process, and should be considered for this position. Councilmember Rheinberger stated that Mr. Turnquist would bring experience to the Planning Commission as Chair of the Joint Cable Commission and an Oak Park Heights City Council person. Council member Rheinberger stated that the three applicants for the Library Board should be reappointed, however with the projects being undertaken by the library that at the next appointment a Council representative should be one of the appointments. Councilmember Milbrandt asked that at the February 4th 4:30 meeting that Council discuss the possibility of an official member of the Council on the Library Board or an ex-officio member on the board. City Clerk Ward stated that because Mr. Bealka has chosen to stay on the Charter Commission his position is vacant on the Joint Cable Commission as well. Page 15 of 19 . . . City Council Meeting - 03-01 January 7, 2003 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-03, appointments to the Parks and Library Boards and Planning and Joint Commissions. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Election of Vice Mayor Councilmember Junker nominated Councilmember Milbrandt as Vice Mayor. Councilmember Rheinberger stated that he felt that being Councilmember Milbrandt just served as Vice Mayor that one of the other Councilmembers should be appointed so that the position does not become institutionalized and maybe Council member Kriesel should be appointed. Mayor Kimble stated that in the past it has not necessarily been done by rotation. Councilmember Kriesel stated that just becoming a Councilmember he is not ready to assume the role of Vice Mayor, however he did somewhat agree with Councilmember Rheinberger when it came to commission appointments. He stated that his support for this year is Councilmember Milbrandt, but would consider the rotation next year. Motion by Councilmember Junker, seconded by Mayor Kimble to adopt Resolution 2003-16, appointing vice-mayor for 2003. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval Community Block Grant Application for 2003 Community Development Director Russell reviewed the CBDG grant for 2003. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-17, approval of 2003 Community Development Block Grant Application. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible first readinQ of Ordinance No. 932, An Ordinance AmendinQ Stillwater City Code Chapter 30.01, Subd. 8 by AmendinQ Fees Director of Administration Knauss reviewed the proposed amendment to City Code Chapter 30.01, Subdivision 8 relating to fees for garbage. She stated that the garbage fees are listed in the code and the fees change when the garbage contract is renewed. She also stated that by amending this portion of the subdivision to read "the fees for Page 16 of 19 . . . City Council Meeting - 03-01 January 7, 2003 collection per month are established by the City Council in the agreement negotiated with the City's hauler" this would allow rates to be set by resolution rather than an ordinance when the rates are negotiated. Motion by Councilmember Rheinberger, seconded by Council member Kriesel approving the first reading of Ordinance 932, an ordinance amending Stillwater City Code Chapter 30.01, Subd. 8 by amending fees. All in favor. SettinQ date for canvassinQ returns from Special Election Mayor Kimble reviewed the memo from City Clerk Ward stating that the canvassing board must meet within seven days of the election to canvass the results of the Special Election. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt setting Tuesday, February 4, 2003 at 4:30 p.m. to canvass the results of the January 28, 2003 Special Election. All in favor. Public Works Update Public Works Director Eckles stated that the Public Works facility is 99% completed. He provided a summary of costs, which are hard costs for the building, and park facilities. He stated that some of the questions from the public dealt with the concept costs rather than the actual bid costs. Mr. Eckles stated that the change order request log shows a net contract increase of $76,683. However, if the log were modified to remove items that were requested by the City and not a result of unforeseen conditions during construction, the amount quickly goes to the City's favor. He also stated because the telemetry system that is being paid for by the sewer fund, and the salt/sand building and fuel island that were requested by the City, the change orders are a net positive of a $120,000 in the City's favor. Mr. Eckles requested Council approval to prepare the final change order to be presented that a near future meeting. Mr. Eckles reminded Council and the public of the open house at the Public Works facility on January 18, 2003 from 11 :00 - 2:30 and reviewed the proposed activities that will be held at the Open House. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger directing staff to prepare the final change order for this project. COUNCIL REQUEST ITEMS Councilmember Kriesel presented Council a letter from Mr. David Riehm advising the voters to vote against this measure and if that passes, enact a system to scrutinize the request for licenses. Councilmember Kriesel stated that if the voters approve the question on liquor licenses that Council carefully consider how many licenses will be issued. Page 17 of 19 . . . City Council Meeting - 03-01 January 7,2003 Mayor Kimble stated that the City would they would not hand out liquor licenses, that there is a process for approving a liquor license and would not just be handed out like baseball cards. STAFF REPORTS (continued) City Administrator Hansen reviewed a resolution for a conduit bond. He stated that this bond has no City obligations. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-17A, reciting a proposal for a multifamily housing project, taking official action with respect thereto and indicating preliminary intent to assist the financing of the project pursuant to Minnesota Statutes Chapter 462C. Public Works Director Eckles provided Council with an update on the ravine project. He stated that staff determined that some of the trees slated for removal should be saved if possible. He stated that the eastern section of the ravine has had more fill put in this area to prevent two large washouts from getting worse and one homeowner was concerned that his home would end up in the ravine. Councilmember Milbrandt stated that he had been at the site and that he noticed that a number of trees were within the boundaries of trees to be removed are still there and was pleased to see that some trees in the marked area to be removed are still there. Mayor Kimble asked Mr. Eckles how much of the project included restoration of the ravine and placement of trees. Mr. Eckles stated that $300,000 is for restoration, 80 species of plants and 6 different tree species. He is presently working with the neighborhood for removal of buckthorn on private property. Community Development Director Russell asked if Council member Junker would be taking the place of Councilmember Zoller on the Joint Board. Councilmember Junker stated he would be the council representative on the Joint Board. Community Development Director Russell asked Council to consider adding to the February 4, 2003 4:30 agenda a Downtown Project Update and a Trunk Highway 36 Update. City Administrator Hansen stated that the 4:30 meeting on February 4 already had a number of items on the agenda. Community Development Director Russell stated that the Trunk Highway 36 Update could be held at a future meeting, however the Downtown Plan should be on the February 4 meeting. Councilmember Rheinberger asked Mr. Russell on the progress of the Territorial Prison. Page 18 of 19 . . . City Council Meeting - 03-01 January 7, 2003 Mr. Russell stated that that March or April might be the date for the signing of the development agreement. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adjourn at 9:57 p.m. All in favor. ATTEST: ft~~~~ Diane F. Ward, City Clerk Resolution 2003-01, directing payment of bills Resolution 2003-02, abating assessment for Parcel No. 34.030.20.23.0089 Resolution 2003-03, appointments to the Parks Board, Planning and Joint Commission. Resolution 2003-04, approving renewal Agreement with The Sandcreek Group for Employee Assistance Program Services. Resolution 2003-05, Resolution Relating to Financing of Certain Proposed Projects to be Undertaken by the City of Stillwater; Establishing Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code Resolution 2003-06, resolution approving amended Fire Protection Contract with the City of Grant Resolution 2003-07, approval of Forestry Consultant contract Resolution 2003-08, approval of Addendum No.1 to Lease Agreement with Max Todo Marine Services,lnc Resolution 2003-09, commending Council member Terry Zoller Resolution 2003-10, commending Councilmember Gene ''Taco'' Bealka. Resolution 2003-11, renewal of Towing License for 2003 Resolution 2003-12, approving the subdivision of property located at 2103 Schulenberg Alley. Resolution 2003-13, approving the subdivision of property located at 603 Churchill Street West Resolution 2003-14, approving the subdivision of property located at 1602 Greeley Street South Resolution 2003-15, approving the subdivision of property located at Parkwood Lane Resolution 2003-16, appointing vice-mayor for 2003. Resolution 2003-17, approval of 2003 Community Development Block Grant Application. Resolution 2003-18, reciting a proposal for a multifamily housing project, taking official action with respect thereto and indicating preliminary intent to assist the financing of the project pursuant to Minnesota Statutes Chapter 462C. Page 19 of 19