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HomeMy WebLinkAbout2003-03-18 CC MIN CITY COUNCil MEETING NO. 03-06 March 18, 2003 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Also Present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Community Development Director Russell Police Chief Dauffenbach Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the March 4 regular and executive session minutes with the correction of the vote on Page 8 of 9 where it listed Councilmember Rheinberger voting twice. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Award from Safe & Sober - Bob O'Brien & Susie Palmer Ms. Palmer and Mr. O'Brien presented Chief Dauffenbach and Officer Nate Meredith with a laser hand held radar unit as an award for Stillwater Police Department's Safe & Sober campaign. Police Chief Dauffenbach commended Officer Meredith and his department for their work on the Safe & Sober campaign. OPEN FORUM Mr. Greethurst requested that Council consider waiving the rezoning fee for his property because when it became a part of the City, it was zoned single family when all the surrounding property was zoned multi-family. Community Development Director Russell stated that the property would require rezoning and a comprehensive plan amendment. He stated that he could provide Council with more information on the history of the property at the next meeting. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to waive the fee. Motion withdrawn. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel allowing Mr. Greethurst to make application by the Planning Commission deadline and Council will consider the request to waive fee at their April 1, 2003 meeting. City Council Meeting - 03-06 March 18, 2003 STAFF REPORTS Community Development Director Russell informed the Council that there would be a Joint Board meeting on Wednesday, April 2, 2003 at 7:00 p.m. Public Works Director Eckles stated that in the past the City has participated in the Lily Lake Water Quality Testing. He stated that this year it would cost the City $2,100 to participate in the study that the City has done for the last 8-9 years. He also stated that the data is used to measure the water quality over a period of time. Councilmember Rheinberger asked what the risk of waiting a year would be. Mr. Eckles stated that the data is not useful on a year-to-year basis; it is used to collect data overtime to see trends and changes. He stated that the lake has been stable and that the recent Lily Lake Water Improvements have only been online, approximately two years would not immediately show an improvement to the water quality of Lily Lake. Councilmember Kriesel supports the continuation of the testing to monitor the changes, but if the engineer feels that skipping a year would not skew the data, he would support every other year. Council member Rheinberger felt that the testing could be done every other year. Mayor Kimble asked what project would go on-line this year. Mr. Eckles reviewed the project in conjunction with the Our Savior's Lutheran Church construction. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt not to participate in the Lily Lake Water Quality study this year. Ayes: Council members Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: C ouncilmember Kriesel City Administrator Hansen explained that Items 11-14 of the Consent Agenda are resolutions for the year-end closings for the Finance Department. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Council member Junker to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-55, directing payment of bills Resolution 2003-56, Approving transfer from the Capital Improvements Fund to the Permanent Improvements Fund (available Tuesday) Page 2 of 10 City Council Meeting - 03-06 March 18, 2003 Resolution 2003-57, Approving license to use real property by Washington County for Household Hazardous Waste collection event on May 17, 2003 Resolution 2003-58, Approving the City's Cellular Telephone Policy Resolution 2003-59, Approving amendment to the City's Personnel Policy, Section 14-5 Telephone Use Request to purchase Symantec anti-virus software licenses Resolution 2003-60, reapportioning special assessments for parcel no.'s 33.030.20.22.0047, 33.030.20.22.0048, 33.030.20.22.0049 and 33.030.20.22.0050 pursuant to subdivision of land Resolution 2003-61, accepting work and ordering final payment for 2001 sidewalk improvements (Project 2001-11) Resolution 2003-62, approval of Change Order No. 1 for McKusick Storm Sewerrrrail Improvements project (Project 2002-04A) Resolution 2003-63, appointing Ron Nelson as the Stillwater representative on the Request for representative on the Lower St. Croix Management Commission. Resolution 2003-64, authorizing year-end operating transfers, closing of funds & interfund loans Resolution 2003-65, a resolution authorizing an advancement from other City funds to Tax Increment Financing District NO.9 Resolution 2003-66, a resolution authorizing an advancement from other City funds to Tax Increment Financing District No.8, Development District NO.2 for the year ended December 31,2002 Resolution 2003-67, a resolution amending the budget for Tax Increment Financing District No.8, Development District No.2 for the year ended December 31, 2002 PUBLIC HEARINGS 2003 Street Improvement Proiect Public Works Director Eckles explained the background of the project and the City's assessment policy. Assistant City Engineer Sanders presented an overview of the proposal and estimated costs of the project. Mayor Kimble opened the public hearing. Stephen Polzin, 804 N. Owen, questioned the plan to overlay the gravel on Hickory Street. Scott DeMars, on the corner of Churchill and Holcombe, and also representing Bea Harvieux, asked about communication during the construction process. He also questioned the change in the assessment policy. Mr. Eckles explained that there would be a City engineering staff member on site during construction. Mr. Eckles also explained the assessment deferral policy for senior citizens and people with disabilities. Bill Hieb, 715 South Everett, asked about replacing the water service between Everett and Martha Streets. Mr. Eckles suggested a meeting with the affected property owners to discuss this request. Page 3 of 10 1_- City Council Meeting - 03-06 March 18, 2003 Michael Hamp, 917 W. Hickory, asked about putting in a fire hydrant at the end of Hickory. Mr. Sanders stated that this is included in the plan. Joanne Bernard, 911 W. Hickory, stated her concern with raising the road, because her property is lower than the road. Mr. Sanders stated the road will be crowned, and they could look at lowering the road. Amy McKee, 601 4th Street South, asked if their sidewalks will be replaced and how that will affect their retaining wall. Mr. Sanders responded that the sidewalk will be replaced on both sides of Walnut and the retaining wall will not be disturbed. She also stated that she feels the Courthouse and St. Michael's Church have a large effect on the traffic on Walnut and should be assessed accordingly. Scott Sheley, 716 South Harriet Street, discussed the dead end south of Willard Street. He does not see any need for curb and gutter at that end and is worried about the flow of water down that street. He also questioned the assessment on his property. The engineering department will look at the situation since it is unusual. Mary Jo Johnson, 521 West Willard, asked about replacing the catch basin on Willard. Mr. Sanders stated that those catch basins will be replaced and a new catch basin installed on the northeast corner. Don Hargate, 323 South Holcombe Street, asked for a copy of the proposed assessments. He also asked about an appeal process for assessments. Rick Jacobsen, 917 Holcombe Street, asked about widening the street and how far from the street the sidewalk will be. Mr. Sanders stated it will be widened a foot to two feet. The sidewalk is usually placed one foot off the property line. Lawrence Maslowski, 924 West Willard, stated he did not see a need for a sidewalk on Willard Street. Joe Holmberg, 621 West Willard, stated he would use the sidewalk and supports the project. Ira Frank, 716 West Willard, asked for clarification on the sidewalk on Willard. Mr. Sanders stated he could meet with Mr. Frank and show him the location of the sidewalk on his property. Joe Thompson, 828 Willard, supports the project and the sidewalk on Willard. Lisa Gilliam, 722 South Martha Street, stated that her neighbors believe there is an easement on their property for their water service. She also asked about how Martha Street would be widened without disturbing the trees. Mr. Hieb asked for clarification on how the street is measured. Page 4 of 10 City Council Meeting - 03-06 March 18, 2003 Mr. Jacobsen asked about working with the Planning Department, and possibly moving his garage because it is so close to the street. Brad Wolff, 721 South Martha Street, asked about the reasons for widening the street. Lisa Gilliam stated that she does not think widening the street is necessary. Mr. Eckles responded that they will look at the issue. Kim Hudachek, 429 W. Pine St., stated they are thinking about widening their driveway and wants to make sure the new curb will accommodate the driveway. She also is in favor of the new sidewalks. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-68, ordering the improvement and preparation of plans and specifications for the 2003 Street Improvement Project. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Case No. V/03-13. Consider an appeal of the Planning Commission's decision on a request from Kel Cran for a variance for the construction of a 960 square foot garage on a substandard 5,400 square foot lot with no sideyard setback (5 feet required) located at 801 South Third Street in the RB, Two Family Residential District. Community Development Director Russell reviewed the request and the Planning Commission's denial of the variance. Mayor Kimble opened the public hearing. Mr. Kel Cran, 801 South Third Street, reviewed his request to construct a 960 square foot garage. He stated that the purpose is to have a garage large enough to store the two fire trucks, his car and boat on his property. He stated that there are two examples of oversized garages in his neighborhood. Mr. Cran presented Council with a petition of approval from his neighbors. Mr. Bill Benson, 719 S 3rd Street, stated that he has been working with Mr. Cran on the aesthetics of the garage. He stated that at first he was apprehensive of Mr. Cran's garage, but after talking with Mr. Cran and Mr. Cran being considerate of his neighbors concern and working with the neighbors he is here to support the granting of the variance. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he is not in favor of the 960 square foot garage because it is too much for the neighborhood. Councilmember Milbrandt expressed the same concern that the building is too large for the lot and asked Mr. Cran if he would be willing to make it 16 X 40. Page 5 of 10 L City Council Meeting - 03-06 March 18, 2003 Mr. Cran stated that he is willing to make it smaller. Mayor Kimble stated that there are number of garages in the neighborhood that are oversized, and that having a garage 16 X 40 would not allow for two garage doors. Councilmember Kriesel stated that he understand the Mayor's logic however the Planning Commission asked the same questions and he felt he would have to go with the Planning Commission recommendation. Mayor Kimble provided the history of the Council reviewing appeals from the Planning Commission. He stated that in the past the decisions by Council have been partially approved because the neighbors were not against the request. Motion by Council member Rheinberger, seconded by Council member Kriesel to reaffirm the Planning Commission's denial of the variance. Motion failed. Ayes: Councilmember Rheinberger and Kriesel Nays: C ouncilmembers Milbrandt, Junker and Mayor Kimble Motion by Council member Junker to approve the variance and allow a 40 X 60 garage. Motion died for lack of second. Motion by Councilmember Milbrandt, seconded by Council member Junker to approve the variance and allow a 20 X 40 garage. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: C ouncilmember Rheinberger UNFINISHED BUSINESS Settino of Public Hearino for Issuance of Liauor Licenses City Administrator Hansen stated that at Council's direction, staff had checked with other cities and the League of Minnesota Cities to see if other cities had criteria with regard to the issuance of liquor licenses. He stated that unfortunately most cities are like Stillwater and have not established any criteria other than "first come, first served." He also stated that the cities of Eagan and Brainerd developed ordinances that diwy up their licenses into categories. He also stated that staff has provided some criteria in the memo for Council's information. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to set the date of the public hearing for the issuance of liquor licenses for Tuesday, April 1 , 2003 at 7:00 p.m. or as soon as possible thereafter. All in favor. NEW BUSINESS Adoption of resolution supportina the Brown's Creek Protection Initiative Page 6 of 10 City Council Meeting - 03-06 March 18, 2003 Public Works Director Eckles stated that the City is currently working with Mr. Mike Campbell, a North Hill resident, to acquire support for a million dollar grant for the North Hill project. He stated that in order to establish the need for the project and enlist support that it would be in the city's best interest to pass an official resolution in support of the project. Council member Rheinberger asked what type of exposure would the City have on this issue, when would the money be available and if there would be any obligation to Mr. Campbell. Mr. Eckles stated that this is a grant however there may be some obligations attached to the grant such as the expenditure of monies on a certain portion of the project. He did not expect any financial exposure. He stated that the money should be available next year if approval was given this year. Mayor Kimble stated that Mr. Campbell has offered his services to benefit the City and the North Hill and he does not expect any obligations from the City. He stated that he has been working closely with Mr. Campbell, who is a resident affected by the North Hill project on this matter at the legislature. He also stated that there is no exposure to the City other than if the City does not get the money there would not be money for the project. Motion by Council member Milbrandt, seconded by Councilmember Kriesel to adopt Resolution 2003-69, resolution supporting the City of Stillwater's Brown's Creek Protection Initiative. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Accepting of Proposal from Barr Engineering for Storm Water System and Retaining Wall Analysis associated with Territorial Prison site Public Works Director Eckles stated that three years ago the City was working with Barr Engineering to complete the storm water and wall reconstruction for the Territorial Prison site. He stated that Barr Engineer had 80% of the plans and specifications completed when the developer pulled out of the project. Mr. Eckles stated that it appears a new project is imminent and would be feasible for the City to commence with the engineering plans as soon as possible. He stated that the estimated cost for completing the plans and specifications is $19,000 and that the City would have some costs associated with survey property boundaries and easements. He also stated that the costs associated with the project would be charged against the development. Councilmember Rheinberger asked if this study would address some of the upstream problems that exist. Mr. Eckles reviewed the storm water problems related to the prison site and stated that this study would address how to handle the excess water that comes from upstream. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-70, accepting proposal from Barr Engineering for the completion of storm Page 7 of 10 City Council Meeting - 03-06 March 18, 2003 water system and retaining wall analysis associated with the Territorial Prison site. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None First ReadinQ of Ordinance No. 934. an ordinance amendinq Chapter 43 of the Stillwater City Code Entitled liquor. City Attorney Magnuson stated that this ordinance relates to the payment of liquor license fees by stating that all license fees must be paid annually and kept current even though from time to time the licensed premises is vacant. He also stated that the ordinance states that a license may remain at a vacant location for a period of the remaining calendar year and one year after that after which time the Council would be entitled to grant the license to someone else. He stated that the reason for this ordinance is that the current ordinance does not reflect that liquor licenses should be paid for whether the licensed premises are vacant or not. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to approve the first reading of Ordinance No. 934, an ordinance amending Chapter 43 of the Stillwater City Code Entitled Liquor. All in favor. Request to use Riverview Parking Lot site for Farmer's Market Community Development Director Russell stated that this request has been approved in the past and recommended that it be approved again this year. Ms. Wendy Kloek, market manager, inquired if the memorial would be constructed this year. Ms. Julie Kink stated that it is still in the fund raising stage, however some of the sidewalk pavers may be installed this summer. Ms. Kloek stated that she would coordinate with the veterans committee. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the use of the Riverview Parking Lot for the Farmer's Market. All in favor. Approval of Resolution Calling for Hearing on Adoption of Modification to the Development Program for Development District No.1 and the Proposed Establishment of Tax Increment Financing District NO.1 0 of the Tax Increment Financing Plan City Attorney Magnuson reviewed the proposed resolution and stated that the public hearing would need to be held at a special meeting. He recommended that Council set the public hearing for Tuesday, April 29, 2003 at 4:30 p.m. Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-71, resolution calling for hearing on adoption of modification to the Development Program for Development District No.1 and the proposed establishment of Tax Increment Financing District No. 10 of the Tax Increment Financing Plan. All in favor. Page 8 of 10 City Council Meeting - 03-06 March 18, 2003 Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Council member Junker to adjourn the meeting at 10:15 p.m. ATTEST: ~J:aJ~ Diane F. Ward, City Clerk Resolution 2003-55, directing payment of bills Resolution 2003-56, Approving transfer from the Capital Improvements Fund to the Permanent Improvements Fund (available Tuesday) Resolution 2003-57, Approving license to use real property by Washington County for Household Hazardous Waste collection event on May 17, 2003 Resolution 2003-58, Approving the City's Cellular Telephone Policy Resolution 2003-59, Approving amendment to the City's Personnel Policy, Section 14-5 Telephone Use Resolution 2003-60, reapportioning special assessments for parcel no.'s 33.030.20.22.0047, 33.030.20.22.0048, 33.030.20.22.0049 and 33.030.20.22.0050 pursuant to subdivision of land Resolution 2003-61, accepting work and ordering final payment for 2001 sidewalk improvements (Project 2001-11 ) Resolution 2003-62, approval of Change Order No. 1 for McKusick Storm Sewerffrail Improvements project (Project 2002-04A) Resolution 2003-63, appointing Ron Nelson as the Stillwater representative on the Request for representative on the Lower St. Croix Management Commission. Resolution 2003-64, authorizing year-end operating transfers, closing of funds & interfund loans. Resolution 2003-65, a resolution authorizing an advancement from other City funds to Tax Increment Financing District NO.9 Resolution 2003-66, a resolution authorizing an advancement from other City funds to Tax Increment Financing District No.8, Development District NO.2 for the year ended December 31,2002 Resolution 2003-67, a resolution amending the budget for Tax Increment Financing District No.8, Development District No.2 for the year ended December 31,2002. Resolution 2003-68, ordering the improvement and preparation of plans and specifications for the 2003 Street I mprovement Project Resolution 2003-69, resolution supporting the City of Stillwater's Brown's Creek Protection Initiative Resolution 2003-70, accepting proposal from Barr Engineering for the completion of storm water system and retaining wall analysis associated with the Territorial Prison site. Resolution 2003-71, resolution calling for hearing on adoption of modification to the Development Program for Development District NO.1 and the proposed establishment of Tax Increment Financing District No.1 0 of the Tax Increment Financing Plan Page 9 of 10 City Council Meeting - 03-06 March 18, 2003 Page 10 of 10