HomeMy WebLinkAbout2003-05-20 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 03-11
May 20, 2003
REGULAR MEETING
7:00 P.M.
Acting Mayor Milbrandt called the meeting to order at 7:00 p.m.
Present:
Absent:
Councilmembers Junker, Kriesel, Milbrandt, and Rheinberger
Mayor Kimble None
Also present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Russell
Police Chief Dauffenbach
Public Works Director Eckles
Director of Administration Knauss
City Clerk Ward
APPROVAL OF MINUTES
Motion by Council member Rheinberger, seconded by Council member Junker to approve the
May 6, 2003 regular meeting minutes with the correction on Page 13,
Communications/Requests relating to Stonebridge request to read: "Motion by
Councilmember Milbrandt, seconded by Council member Junker". All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Presentation of retirement plaques to Maraaret Seim
Acting Mayor Milbrandt and Police Chief Dauffenbach presented Margaret Seim with a
Certificate of Appreciation and plaques commemorating her employment in the
Stillwater Police Department for over 27 years of continuous service.
OPEN FORUM
Ken Carlson, resident of South Hill stated that he was opposed to the closing of Greeley
Street relating to the Trunk Highway 36 plans. He asked Council to keep their promises
as stated in the Council's resolution of July 17, 2001 and promote a slower speed of 45
mph on a parkway boulevard, leaving the Greeley intersection open to Highway 36.
STAFF REPORTS
Community Development Director Russell reviewed information regarding the Veterans
Memorial design changes. He stated it is presented to Council for their information and
City Council Meeting - 03-11
May 20, 2003
has been presented to the Heritage Preservation Commission with no particular
recommendation.
Councilmember Rheinberger asked about a streetlight on the corner of Brick and
Willard.
Councilmember Kriesel stated that he turned in a petition from the neighbors in the area
approximately two weeks ago.
Public Works Director Eckles stated that he has the petition, however he has not been
able to review the request yet.
City Administrator Hansen stated that he had hoped he would have a good idea on the
issues at the legislature, however things are changing from one day to the next. He
stated he feels that his original numbers are close. He also stated that Representative
Lipman has introduced a bill to allow two additional liquor licenses for Stillwater.
Public Works Director Eckles updated the Council on the McKusick Ravine project and
addressed concerns regarding the high water level of McKusick Lake. He stated that he
has mailed information packets to the residents around the lake to inform them of the
operations of the new level of the lake. He also stated that included in the packet were
the recommendations of the task force which consisted of McKusick Lake property
owners and others, to have the lake be regulated at a higher level. He stated that the
department would be working with the homeowners throughout the summer and
experimenting with the water level of the lake.
Council member Kriesel stated that he had met with Perry Furgala a resident on 62nd
Street. He stated that when there is a 4-5" rain it really flows through there. He asked
what Brown's Creek Watershed is doing to resolve this.
Public Works Director Eckles provided a history of the area that drains through that site
which is approximately 300 acres. He stated, even with no development in the area
there are some drainage issues, however, with development coming on-line there would
be a potential for more problems. He stated that the BCWD has been asked to
investigate possible solutions because the water comes from several communities. He
stated that a letter was sent to the BCWD in February asking them to consider this
problem more strongly and as of this time there has not been a response. He stated
that the Bradshaw holding ponds are not fully operational, but they will handle the runoff
from that development.
CONSENT AGENDA
Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the
consent agenda. All in favor.
Ayes: Council members Kriesel, Milbrandt, Rheinberger, and Junker
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Nays: None
Resolution 2003-111, directing payment of bills
Resolution 2003-112, 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 2003-113, approval of Memorandum of Understanding between the City of
Stillwater and the International Union of Operating Engineers, Local No. 49
Request for Capital Outlay money for the Parking lot
Request for Capital Outlay money for Bergmann/Stillwater Crossings Park
Request to purchase computer for Police Department
Approval of Temporary On-Sale Liquor License for Church of St. Michael Parish
Festival- June 7,2003
Application for lawful gambling exempt permit for raffle on September 7, 2003 - St.
Mary's Church
Acceptance of Board of Water Commissioner's Financial Statement for period ending
December 31 , 2002
Request for Installation of Banner for Stillwater Art Crawl requested by Art Reach
(5/23/03-6/16/03).
Request for Installation of Banner for Bike Race & Festival requested by Great River
Energy Bike Festival (5/23/03-6/16/03).
Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Les Novak,
applicant
PUBLIC HEARINGS
Case No. SUB/03-12. This is the date and time for the public hearina to consider a request
from Twin Cities Habitat for Humanity. Inc.. for a subdivision of one parcel. Lots 5 and 6. Blk 5.
Holcombe's Addition. into two parcels of 7.500 sauare feet each in the RB. Two Family
Residential District. Notices were sent to affected property owners and published in the
Stillwater Gazette on April 4. 2003 (continued from the March 18 and April 1. 2003 meetina)
Acting Mayor Milbrandt stated that Lakeview Hospital has requested that consideration
of this request be withdrawn.
UNFINISHED BUSINESS
Reauest for City Grant Match funds (tabled from 5/6/03 meetina)
Community Development Director Russell stated that this request for matching funds for
the architectural survey was tabled from the May 6, 2003 meeting to allow staff to find
out from the Minnesota Historical Society how long the City has to provide the matching
funds. He stated that the historical society would need to know by October 1, 2003.
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Council member Rheinberger stated that because of the budget issues that this request
should be denied. He also stated that maybe foundations could be contacted for the
matching funds.
Councilmember Kriesel stated that he agreed with Council member Rheinberger and
stated that this would be a painless cut.
Councilmember Milbrandt stated that Council could wait and make the decision later
once the cuts to the cities are known.
Motion by Council member Rheinberger, seconded by Council member Kriesel to deny the
request for city grant match for the architectural survey.
Ayes: Councilmembers Kriesel, Rheinberger, and Junker
Nays: C ouncilmember Milbrandt
Tax Increment Financina District No. 10
City Attorney Magnuson reviewed the resolutions for the establishment of Tax
Increment Financing District NO.1 0, the decertification of certain parcels in Tax
Increment Financing District NO.1 within Development District No.1, and decertification
of Tax Increment Financing District No.7 within Development District No.1.
Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt
Resolution 2003-114, resolution adopting a modification to the development program
for Development District No.1, the establishment of Tax Increment Financing District
No. 10 (a redevelopment district) and the establishment of a hazardous substance
subdistrict within Tax Increment Financing District No.1 0, and adopting a Tax
Increment Financing Plan therefore reducing the size of Tax Increment Financing
District No.1 and modification to the Tax increment financing Plan therefore, the
termination of Tax Increment District No.7 within development District No.1, pursuant
to and in accordance with Minnesota Statutes Sections 469.124 to 469.134 and
469.174 to 469.179. All in favor.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker
Nays: None
Motion by Council member Kriesel, seconded by Councilmember Junker to adopt Resolution
2003-115, being a resolution approving the decertifiaction of Tax I ncrement Financing District
No.7, within Development District No.1, of the City of Stillwater. All in favor.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker
Nays: None
Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2003-116, being a resolution approving the decertification of certain parcels from
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May 20, 2003
Tax Increment Financing District No.1, within Development District No.1, of the City of
Stillwater. All in favor.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker
Nays: None
Plannina Commission recommendation on Trunk Hiahwav 36
Community Development Director Russell stated that after two years of study with
Mn/DOT, Oak Park Heights Planning Commission and the City's Planning Commission,
they recommend Alignment "F" with bottom hooks. He stated that the Planning
Commission also recommended lowering the elevation of the road to reduce noise,
visual impacts and reducing the speed limit.
Mr. Mike Anderson, 1312 S 4th Street, stated that the South Hill Neighborhood
Association is opposed to the closing of Greeley Street for a freeway on Highway 36.
He requested that Council be consistent with the resolution that was passed on July 17,
2001 and promote a slower speed of 45 mph parkway boulevard leaving the Greeley
intersection open to Highway 36. He stated that if Greeley is closed the quality of living
for all kids and other citizens who live on or near the streets in terms of safety, noise
pollution, and air pollution and will forever harm the South Hill historic neighborhood.
Eileen Sexton, 10810 Quarry Avenue N, stated she objects to this reversal of decision
and to ask the Council to develop a boulevard in lieu of a freeway. She stated that the
South Hill Neighborhood Association is the result of a community pulling together to
fight for what they most value. She also stated that she believes that it is time for
Stillwater to decide what it is that it most values. She stated that she knows that the
Council is not naive enough to think that a freeway will not dramatically change the
character of Stillwater, but asked if they realized the absurdity of having a freeway be
the gateway to a small historic town along a National Scenic Riverway, both of which
were deemed worthy of preservation by the Federal government of the United States.
She stated that turning Highway 36 into a freeway would result in the exploitation of the
historic town of Stillwater and the St. Croix River Watershed. She requested that
Council act in the interests of your stated values which have been embraced by all
those who chose to call this beautiful place Home and that Council will do the right thing
and vote No to a freeway for Highway 36.
Council member Rheinberger stated that he favored alignment F. He also stated that
this would not be the final design, that there would be some fine-tuning of the plan and
more discussion will still occur. He stated that the project should move forward and that
this process has been going for 18 months.
Council member Milbrandt stated as a point of clarification that in July of 2001 Council
supported keeping all three-access points and since that time the task force has met
and had input from professionals, residents, etc and the task force came back with
recommendations. He stated that during the process it was learned that three access
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City Council Meeting - 03-11
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points were not possible if we continue to receive federal funding because the distance
of the access points were to close together.
Councilmember Junker stated that the plans are concept plans and that there will be
more discussions. He stated that Stillwater and Oak Park Heights Planning
Commissions and Councils would like to see slower speeds as well along a parkway.
He stated no one wants to turn Highway 36 into a high-speed freeway.
Councilmember Milbrandt stated that with the alignment F design it is recommended
with a speed limit of 45 mph.
Councilmember Kriesel stated that there is a slow speed freeway through Stillwater now
and the only way to get the traffic out of Stillwater is to get Highway 36 upgraded with a
bridge crossing and that with at grade intersections the transient traffic is going to follow
the path of least resistance which. \fIilI be through downtown Stillwater.
Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to accept the
Planning Commission's recommendation for Alignment F. All in favor.
Approval of proposal for condemnation relocation services
City Attorney Magnuson reviewedthe.,proposal for condemnation relocation services.
He also stated that in order to proceed a Quick Take action should begin. He stated
that even though a Quick Take is initiated does not mean that the City would not
continue to work with the propertytowner to arrive at a fair and equitable settlement.
(;
Councilmember Rheinberger stated that he was not in favor of the quick take, however
because this is not the final ,outcome and negotiations with the property owner would
continue he would approve the process.
Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt
Resolution 2003-117, accepting proposal for condemnation relocation services and
Resolution 2003-118, determining the necessity for and authorizing the acquisition of certain
property by proceedings in eminent domain. All in favor.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker
Nays: None
NEW BUSINESS
501 S. 2nd Street Demolition Extension reauest (Mr. Castle property)
Community Development Director Russell stated that the demolition of 501 S. 2nd is to
be on May 29, 2003. He also stated that Mr. Castle is requesting that a portion of the
residence be used as a garden shed to be retained if the rest of the home is
) ("....,
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City Council Meeting - 03-11
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demolished, which would require Council approval and an extension of time. He stated
that the Building Official would consider the extension for no more than a month.
Mr. Bradley Castle, owner, requested that Council grant an extension to allow him
additional time to find a builder to restore his home. He stated that he has placed an ad
in the local Gazette. He stated that he has received a letter from Mr. Mac McCalla a
structural engineer stating that the house is repairable.
Motion by Councilmember Rheinberger, seconded by Councilmember Junker extending the
demolition of 501 S 2nd Street to July 1, 2003. All in favor
Plannina Commission request to rezone Old Athletic Field and Jaycee Ballfields to open space
Community Development Director stated that the Planning Commission has requested
that Council consider the rezoning of the Old Athletic Field and Jaycee Ballfields to
open space. He stated that the concerns that the Planning and Parks have is the
conversion of the properties for private development. He stated the commission wants
to raise awareness of this issue. He also stated that a new zoning district would have to
be created to do this, however he believes that there could be some legal issues.
City Attorney Magnuson provided the history of the district acquiring the Old Athletic
field and that zoning power could not be used to achieve an objective of this nature.
Mr. Robert Hagstrom stated that there are three committees looking at the school
district properties and that no recommendation has gone before the School Board. He
also stated that they would be meeting on June 3. He stated that discussions between
the school district, Valley Athletic Association and the cities might provide a workable
solution.
No action was taken.
Possible final plat approval for Liberty Villaae - Contractors Property Development Company
Community Development Director Russell reviewed the final plat request from Contractors
Property Development Company.
Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt
Resolution 2003-119, approving final plat for Liberty Village Commercial (Case No. SUB/F03-
52). All in favor.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker
Nays: None
Chanae of November 4. 2003 Citv Council meetina date
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City Clerk Ward stated that Washington County will be administering the School District
Elections this year and that as part of the agreement the county has stipulated that all polling
places will be open and that all costs for the election will be paid for by the School District.
She stated that City Hall will be a polling place on November and requested that Council
change their meeting date.
Motion by Councilmember Rheinberger, seconded by Councilmember Junker setting Tuesday,
October 28, 2003 replacing the meeting on November 4, 2003 due to the School District
Elections. All in favor.
COMMUNICATIONS/REQUESTS
Request to use sandwich boards for Art Crawl
Community Development Director Russell reviewed the request for the use of sandwich
boards for the Art Crawl.
Council member Junker explained that the sandwich boards direct people to the
individual shops hosting artists and their work.
Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the
use of sandwich boards for the Art Crawl. All in favor.
Request for outside sales - Greater Stillwater Chamber of Commerce
Community Development Director Russell reviewed the request for outside sales by the
chamber of commerce in conjunction with Music on the Waterfront and Movies in the
Park. He stated that the location would be the north side of the Lumber Barons Hotel.
Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the
outside sales for the chamber of commerce. All in favor.
Request for financial support for Oak Park Elementary School Plavqround Proiect
Michael Coppock, 731 W. Orleans requested that Council table the meeting until June
3, 2003 so that there is a full Council including the Mayor.
Council member Rheinberger stated that even though it is a worthwhile project, he would
not be in favor of financially supporting this project because of the budget constraints
that will be affecting the City and that the school district should be financially
responsible for this project. He suggested that private money from foundations be
solicited to help with this project.
Council member Kriesel stated he appreciated the effort of the people to bring
playground equipment to any school. He stated that the proposal should be brought to
the school board and that with the budget problems he does not see how the City could
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City Cauncil Meeting - 03-11
May 20, 2003
affard it. He alsa stated that ather schaals need playgraund equipment and wauld like
ta see the schaals tagether came up with a priarity plan far these playgrounds. He
stated that he cauld see ather schaals earning ta the City far maney and it wauld nat be
feasible far the City ta suppart all the schaals in Stillwater. He stated that Cauncil wauld
help get the ward aut and if public warks has the ability and time ta assist that cauld be
dane.
Cauncilmember Junker alsa earn mended the graup.
Matian by Cauncilmember Junker, secanded by Cauncilmember Kriesel ta table this request
until the June 3, 2003 meeting.
Ayes: Cauncilmembers Kriesel, Milbrandt, and Junker
Nays: Cauncilmember Rheinberger
COUNCIL REQUEST ITEMS
Cauncilmember Kriesel asked abaut the lift statian sad at Maryknall and Oakridge and
requested sameane laak at the installation.
Cauncilmember Milbrandt stated that the haliday lights installatian has been partnered
with the Lumberjack Days Assaciatian.
Cauncilmember Junker cammended the Chamber an the plantings .of the f1awerpats in
dawntawn, they laak tremendaus.
STAFF REPORTS (continued)
Palice Chief Dauffenbach reminded Cauncil .of the retirement get-tagether far Margie
Seim in the Training Raam, an Manday, June 2, 2003 from 2 - 4:30 p.m.
ADJOURNMENT
Matian by Cauncilmember Rheinberger, seconded by Cauncilmember Junker ta adjaurn at
8:38 p.m. All in favor. \\,"/~
ATTEST:
MC/~JdWM~
Diane F. Ward, City Clerk
Resolution 2003-111, directing payment .of bills
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City Council Meeting - 03-11
May 20,2003
Resolution 2003-112, 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 2003-113, approval of Memorandum of Understanding between the City of
Stillwater and the International Union of Operating Engineers, Local No. 49
Resolution 2003-114, resolution adopting a modification to the development program
for Development District No.1, the establishment of Tax Increment Financing District
No. 10 (a redevelopment district) and the establishment of a hazardous substance
subdistrict within Tax Increment Financing District No.1 0, and adopting a Tax
Increment Financing Plan therefore reducing the size of Tax Increment Financing
District NO.1 and modification to the Tax increment financing Plan therefore, the
termination of Tax Increment District No.7 within development District No.1, pursuant
to and in accordance with Minnesota Statutes Sections 469.124 to 469.134 and
469.174 to 469.179
Resolution 2003-115, being a resolution approving the decertification of Tax Increment
Financing District No.7, within Development District No.1, of the City of Stillwater
Resolution 2003-116, being a resolution approving the decertification of certain parcels
from Tax Increment Financing District No.1, within Development District No.1, of the
City of Stillwater
Resolution 2003-117, accepting proposal for condemnation relocation services
Resolution 2003-118, determining the necessity for and authorizing the acquisition of
certain property by proceedings in eminent domain
Resolution 2003-119, approving final plat for Liberty Village Commercial (Case No.
SUB/F03-52)
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