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HomeMy WebLinkAbout2003-06-03 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-12 Council Chambers, 216 North Fourth Street June 3, 2003 REGULAR MEETING 4:30 P.M. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Director of Administration Knauss Public Works Director Eckles City Clerk Ward Discussion on Fees City Administrator Hansen reviewed some of the fees that the Council previously approved and asked that Council review those fees again because the fire fees may need an ordinance or ordinance revisions to become effective. He also stated that the annual investigative fee is to cover costs by the Police Department for investigation of all people associated with liquor licenses. Fire Chief Kallestad reviewed the proposed fire fees. Council consensus was that more information was needed regarding the fire fees and directed the Fire Chief to provide more information on the fees. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel not to approve any new fire fees except the last two items regarding the fireworks sale. Mr. Hansen stated that an ordinance would need to be in place and that it would be too late for both readings of the ordinance in time for the sale of fireworks this year. Motion by Council member Milbrandt, seconded by Council member Kriesel to withdraw the motion. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-125, Fees for Services 2003 and directed the Fire Chief to provide additional information regarding fire fees and come back to Council with that information. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None City Council Meeting - 03-12 June 3,2003 Public Works Director Eckles stated that a major portion of the City's sealcoating efforts are directed towards sealcoating newly constructed or reconstructed streets. He stated that within eight years of the construction or reconstruction of a street, a sealcoating is warranted. He stated within five years of the start of the development project about 80% of the homes have been completed and would be an ideal time to sealcoat. He also stated that rather than use general tax dollars to complete this maintenance, Council may want to consider that sealcoat be part of the developer's responsibility and part of the initial construction. He stated that the developer's agreement could require the developer to pay a fee to be held in escrow and then used for a sealcoat project once approximately 80% of the homes have been constructed. He stated that the fee to the developer would be roughly $2.00 per lineal foot of street or approximately $100 per house and that the exact cost could be determined based on the proposed plat. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-126, authorizing development charges for seal coating. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None STAFF REPORTS Police Chief Dauffenbach requested Council approval for "No Mooring" on the levee wall during Lumberjack Days. He stated in the past this has posed public safety problems. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger for the police department to place "No Mooring" signs on the levee during Lumberjack Days. All in favor. Public Works Director Eckles stated that the Industrial Park area has an existing street lighting system, which is over 20 years old. He stated that it was not a top of the line system when installed originally. Presently it suffers from almost continuous problems including failures to lights, ballasts and transformers as well as shorts and failures of the underground wiring system. He stated that these problems resulted in a street light system that currently has failures for a good part of the year. Mr. Eckles stated that the City has recently completed a street rehabilitation project on Curve Crest and future projects will certainly occur on some of the other side streets and these projects have or will result in assessments. He'stated an alternative to assessments would be creation of a street lighting district. He stated that a street lighting district could be implemented throughout the entire industrial park and marketplace area, which could be used to pay for future capital improvements and also capture the maintenance and operational costs. He also stated that given the City's difficult budget situation, the use of a street lighting district in this area and perhaps throughout the entire city could yield over $200,000 a year just for operation of the lighting system. Public Works Director Eckles informed the Council of the Parks Board's recommendation on the maintenance of parks. He stated that due to the budget Page 2 of 19 City Council Meeting - 03-12 June 3,2003 situation, the Parks Board has prioritized the parks for maintenance. He stated that some of the passive parks would not be maintained as often as in the past so they will be mowed less. He wanted to make Council aware as to why some areas are not be maintained as in the past. City Administrator Hansen stated that Minnesota House and Senate have approved the bonding bill, which includes $1,300,000 for the Brown's Creek Initiative and the tax bill, which includes a $745,000 cut in LGA for 2003 and 2004. He stated that the cut in LGA for 2003 is more severe than his worst-case scenario, but that the cut for 2004 is less severe and allows the City to levy back for 60% of the cuts in 2004. He stated that if the City tried to absorb the entire $745,000 in 2003 the City would have to keep in place all of the Police Department cuts and an additional $320,649 which would put the City at a level base for 2004 where we would be able to levy back $447,000. He also stated that he is concerned if the City absorbs all the cuts in the remainder of 2003 they would be more severe than the taxpayers would find acceptable. He reviewed possible solutions such as cutting % of the remaining $320,649 and using reserve or budget amendments for the other half which would mean we would still have $160,324 to raise to get to a level base for 2004; create a franchise fee for gas and electric power which is allowed by State statute and could be in effect within approximately 120 days. He stated that a number of cities have already done this and Dave Magnuson has done research on the subject and that a 3-5% fee would generate an estimated $300-$500,000 plus. He stated that currently the City is spending approximately $200,000 per year on street lighting costs paid for by the general tax levy. He stated that a number of cities are charging a "fee" or special assessment to property owners for street lighting outside of the tax levy. He also stated that by doing this cities are also able to set aside funds to purchase replacement lighting. Motion by Councilmember Kriesel, seconded by Council member Rheinberger authorizing the City Administrator to spread the remaining budget cuts over 2003 and 2004 anticipating additional levy in 2004. All in favor. Council discussed the franchise fee issue. Councilmember Kriesel stated that other communities have implemented franchise fees, which Excel Energy passes onto the consumer. Councilmember Rheinberger stated that this is a different name for a substantial tax increase. He feels there should be public debate on the issue. Councilmember Milbrandt stated that there would be public input at the second reading of the ordinance. City Attorney Magnuson stated that the Council has 60 days to adopt the ordinance and there will be time for public input. Motion by Councilmember Milbrandt, seconded by Council member Kriesel approving the first reading of an ordinance relating to franchise fees. Ayes: Councilmembers Kriesel, Milbrandt, Junker, and Mayor Kimble Nays: C ouncilmember Rheinberger Mayor Kimble explained that even though Council approves the first readings of an ordinance additional discussions would be held prior to the adoption of the 2nd reading Page 3 of 19 City Council Meeting - 03-12 June 3, 2003 of the ordinance. He stated that staff would provide additional information on the franchise fees and street light districts for Council consideration. He also stated at that time Council could choose not to approve the ordinance after receiving additional information. Motion by Councilmember Milbrandt, seconded by Council member Kriesel approving the first reading of an ordinance relating to street lighting districts. Ayes: Councilmembers Kriesel, Milbrandt, Junker, and Mayor Kimble Nays: C ouncilmember Rheinberger Mayor Kimble recessed the meeting at 6:15 p.m. RECESSED MEETING 7:00 P.M. Present: Absent: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Community Development Director Russell Public Works Director Eckles City Clerk Ward PLEDGE OF AllEGIANCE - Observance of Flag Day - June 14, 2003 - Julie Kink Ms. Julie Kink led the Pledge of Allegiance in observance of Flag Day. APPROVAL OF MINUTES Motion by Councilmember Rheinberger, Approval of May 20, 2003 regular meeting minutes with the correction on Page 6, last paragraph to read "Council member 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 will be through downtown Stillwater." All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of retirement plaaue to Earl Plattner Mayor Kimble presented retirement plaques to Earl Plattner for over 27 years of employment in the Stillwater Public Works Department. Page 4 of 19 City Council Meeting - 03-12 June 3,2003 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-134, certificate Qf appreciation to Earl Plattner. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None ReQuest to rino church bells - St. Michaels Church Ms. Margot Rheinberger, on behalf of St. Michaels Church, requested that St. Michaels be allowed to ring its church bells to serenade the people who gather to watch the fireworks on July 4. She stated that St. Michael's is celebrating its 150th birthday this year and they would like to pay tribute to America's 22th birthday by playing a variety of patriotic songs as well as Happy Birthday. She stated that the bells would play from 9:25 p.m. to 9:55 p.m. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the request to ring the church bells by St. Michaels Church. All in favor. Amy Senn. 602 N 5th Street - ReQuest for variance to the noise ordinance Ms. Amy Senn requested a variance to-the noise ordinance to hold a party at her home on July 26, during Lumberjack Days. She stated that she had a similar request last year and did not know of any complaints relating to her party. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving a variance to the noise ordinance for the band, with the condition that the band quits playing at midnight. All in favor. ReQuest for financial support for OakPatk Elementary School Playoround Proiect Debbie Crea, 801 Eagle Ridge Trail, stated that the current Oak Park playground does not compare with any of the other elementary school playgrounds. Some of the equipment dates back to the early 1960's and does not meet the current playground standards. All of the equipment will be replaced except for some swing sets and basketball hoops. She asked for the Council's support of this project. Sheila Eller, Principal of Oak Park Elementary, stated that Oak Park receives $15,000 yearly for facilities. $7,000.pfthatamount will be applied to the playground equipment. In addition, there is a drainage issue that will cost $10,000 to repair. The school district will also pay for the removal of the current equipment. Mike Coppock, 731 W. Orle~nsSt" has a second grader who attends Oak Park Elementary. Baytown Townshfphas agreed to donate $4,527 to the project. He requested that the City of Stillwater consider a contribution of $20,511. Councilmember Rheinberger stated that he would be against providing financial support at this time because of budget constraints; entity missions are different, liability issues, and resources not available. He stated that the City does not have the money and that II} I. ~ 1'l i..,' Page 5 of 19 : j' (..-', t ~ . ,,:...'W City Council Meeting - 03-12 June 3, 2003 the timing of this request unfortunately has come at the wrong time and felt that the school district should be fUJildingJhisplayground. He also stated that this request should be delayed for better economic times. Councilmember Milbrandt suggested that in the spirit of cooperation on future venues the City may be cooperating with the school district that an amount of $5,000 be given in 2003, and $10,000 be incorporated..inthe 2004 budget. Councilmember Junker commended the group on their dedication to this project. He stated the city's core value is the c~ildren of the City. He stated that the City spent $50,000 for play equipment in .the Old Athletic Field and he sees that it is always used. Councilmember Kriesel also commended the group. He stated that unfortunately due to budget issues which includes the possibility of foregoing the hiring of police officers, the closing of the library on Sl,In,gay~,:and.asking employees to take voluntary leave without pay he would not favor this expenditure. He also stated that the first responsibility should be to all the residents of the community and then to other entities. Mayor Kimble commended the group for their efforts. He stated that he wished all requests would come before the Council that would ask only $0.50 on the dollar. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2003-127 authorizing expenditure for playground equipment for Oak Park Elementary School, in the amount of $~,OOObe given in 2003, and $10,000 be incorporated in the 2004 budget. Ayes: Councilmembers Milbrandt, Junker, and Mayor Kimble Nays: Councilmember Kriesel and Rheinberger '.-<,-' .' .,. -;, .'. ~ OPEN FORUM Mayor Kimble apologized to the Planning Commission for remarks stated at a previous meeting. He stated that the Planning Commission is invaluable to the City. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. All in favor.' Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Resolution 2003-120, directing payment of bills Resolution 2003-121, approval of Change Order #1 for 2002 sidewalk project (available on Tuesday) Resolution 2003-123, approving Minnesota premises permit for gambling for K of C Council 1632, 1910 South Greeley Stre~t,.Stillwater, MN. Resolution 2003-124, approving Minnesota premises permit for gambling for Stillwater Lodge #179 BPOE, 1905 South Greeley Street, Stillwater, MN. Page 6 of 19 City Council Meeting - 03-12 June 3, 2003 UNFINISHED BUSINESS Environmental Assessment Worksheet Comments for Territorial Prison Community Development Director Russell reviewed the Environmental Assessment Worksheet comments for the Territorial Prison (Terra Springs). He stated that the adoption of the Record of Decision and negative declaration means that an Environmental Impact Statement will not be required. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-128, a resolution ordering a negative declaration on the Terra Springs Planned Unit Development Environmental Assessment Worksheet. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None PUBLIC HEARINGS Case No. ZAM/03-02. This is the date and time for a public hearina to consider a request from Jeff and Gina Melstrom and Tim and Jodi Larson for a ZoninQ Map Amendment to rezone a 50' x 230' foot lot from RA. SinQle Familv Residential District to RB. Two Familv Residential District located at 1508 West Olive Street. Community Development Director Russell reviewed the request by Jeff and Gina Melstrom and Tim and Jodi Larson for a Zoning Map Amendment to rezone a 50' x 230' foot lot. He stated that the Planning Commission reviewed this request and the vote was 4-4. He stated that surrounding properties are single family residential (RA). City Attorney Magnuson stated that approval would require a 4/5 vote. Mayor Kimble stated that this is a "spot zone" issue and asked if it would be wise to move the RB District west. Mr. Russell stated that this would be a separate issue and would require further study to consider the impacts on the area. He stated that it would require a separate public hearing and Council to direct the Planning Commission to look at a broader area for the zoning amendment. Councilmember Milbrandt asked how many spot zoning requests are requested in a year. Mr. Russell stated that in 17 years Stillwater has never approved one, and in 30 years as a planner he has never recommended approval of a spot zoning request. Councilmember Kriesel asked how long it would take to complete the study. Page 7 of 19 City Council Meeting - 03-12 June 3, 2003 Mr. Russell stated that the recent study in the area of Orleans did not take long because it was quite obvious that the zoning should be changed. He stated that this case is not as straight forward and would probably take 2-3 months to get a recommendation back to Council. Mayor Kimble stated that the City might have not approved spot zoning however there are properties that received variances that might be creating the same effect as if they were spot zoned. Mr. Russell said that he only knows of two properties that received this type of variance that were granted in the last 17 years. Mayor Kimble opened the public hearing. Mr. Jeff Melstrom, 1508 W. Olive, provided a letter of support from his neighbors, Joe and Jennifer Lock, 1402 W. Ramsey. Mr. Melstrom stated that most neighbors approve of this request. He stated that if this street were a busy street he would not have this request before Council. Gail Bush, Crown Realty, stated that there are other lots in this area that are less than 10,000 square feet and hoped that Council would be open to a variance. She stated that they have a builder for the property who wants to build a single-family home on the property. She also stated that the home would enhance the neighborhood. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated that he was in favor of the zoning amendment. He stated that there should be an exception to policy and that there is a clear-cut need. He stated that it would bring a final anchor to Ramsey Street. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the first reading to rezone a 50' x 230' foot lot from RA, Single Family Residential District to RB, Two Family Residential District located at 1508 West Olive Street. Councilmember Rheinberger also stated that he does not see it as setting precedent, it is a case-by-case request. Council member Kriesel stated he is concerned with the spot zoning issue and would like to know if it would be more feasible to make it contiguous to the proper zoning rather than spot zone. Mayor Kimble asked if it was possible to grant a variance rather than to spot zone the property. He stated that there is not going to be a duplex on the property but rather this deals with lot size. City Attorney Magnuson stated that a use variance is prohibited and that this case does Page 8 of 19 City Council Meeting - 03-12 June 3, 2003 not fit for the findings that would have to be made for a variance. He stated that if Council wishes to accommodate the request a rezoning should be done. Council member Milbrandt stated he did not want to put this Councilor future Councils in the spot zoning dilemma and believes what Mr. Melstrom is trying to do would enhance the neighborhood; however spot zoning is a slippery slope. He stated that he would consider it if it was studied in the same manner as the Orleans area that was before Council. He also stated if spot zoning is allowed that it would put the Planning Commission is a bad position because there many lots such as this in the City. Council member Junker concurred with Council member Milbrandt. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to withdraw the motion. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to table the request and direct the Planning Commission to review the request along with a broader residential area study. All in favor. Case No. SUB/03-36. This is the date and time for a public hearinQ to consider a reQuest from Jeff and Gina Melstrom for the subdivision of a 50' x 230' parcel to create a new parcel of 7.500 SQuare feet located at 1502 and 1508 West Olive Street in the RA. SinQle Family Residential District. Mayor Kimble stated that this case is related to the previous case. Mayor opened the public hearing. Mayor Kimble closed the public hearing. Motion by Council member Kriesel, seconded by Council member Rheinberger to table the hearing until the Planning Commission provides information on the Zoning Map Amendment relating to ZAM/03-02. All in favor. Mayor Kimble recessed the meeting at 8:20 p.m. Mayor Kimble reconvened the meeting at 8:30 p.m. Case No. V/03-38. This is the date and time for a public hearino to consider an appeal of the Plannino Commission's decision on a reQuest from Billy J. Elliot for a variance to the front yard setbacks (corner lot) (30 feet reQuired. 9' 7" and 19' 4" reQuested) for the construction of a roof deck located at 1010 4th Street North in the RB. Two Family Residential District. Community Development Director Russell reviewed the request from Billy J. Elliot for a variance to the front yard setbacks (corner lot) (30 feet required, 9' 7" and 19' 4" requested) for the construction of a roof deck located at 1010 4th Street North. He stated that the Planning Commission reviewed this request and there were concerns for neighborhood privacy and small lot size for the amount of the building and Page 9 of 19 City Council Meeting - 03-12 June 3,2003 recommended denial. He also stated that anything added to this home would require a variance. Mayor Kimble opened the public hearing. Mr. Billy Elliott, 1010 4th Street North, provided the Council with a petition of support from his immediate neighbors and photos with various views of the home. He stated that he could move the shed to the back of the home. He stated that the roof deck would not be outside the square of the home. He also stated that trees surround the area and are in full bloom. Mayor Kimble closed the public hearing. Council member Rheinberger stated he is in favor of the request as long as the neighbors approved, believed that the intrusion on the public would be small and adds a new dimension to the area. Councilmember Kriesel stated his concern is even though Mr. Elliott has approval from existing neighbors, it is future neighbors, their privacy issues, and the adding to the home in relation to the neighborhood. Council member Rheinberger stated that future property owners would know about the roof deck moving in. He stated that anything done to this property would require a variance. Mr. Elliott stated that he has been granted an easement to accommodate what is presently there. Mayor Kimble asked if the stairway is outside the building envelope and would add to the impervious surface. Mr. Russell stated that was correct. He stated that the Planning Commission concerns were privacy and what could be accommodated on a lot of this size. Councilmember Milbrandt asked Fire Chief Kallestad if he had any issues relating to access. Fire Chief Kallestad stated he didn't believe so, but he did not review this item as it relates to fire codes. He stated that as a single family residence there are no laws against having a barbeque grill on a deck. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the variance to the front yard setbacks (corner lot) (30 feet required, 9' 7" and 19' 4" requested) for the construction of a roof deck located at 1010 4th Street North in the RB, Two Family Residential District Ayes: Council members Milbrandt, Rheinberger and Junker Nays: C ouncilmember Kriesel and Mayor Kimble Page 10 of 19 City Council Meeting - 03-12 June 3, 2003 Case No. V/03-41. This is the date and time for a public hearinQ to consider an appeal of the Plannino Commission's decision on a request from David and Jeanne Kensler for a variance to the rear yard setback (5 feet required. 3' 1" requested) for construction of a two car oaraoe with storaae above located at 1323 2nd Street South in the RH. Two Familv Residential District. Community Development Director Russell reviewed the request for appeal by David and Jeanne Kensler for a variance to the rear yard setback (5 feet required, 3' 1" requested) for construction of a two car garage with storage above located at 1323 2nd Street South. He stated that the Planning Commission voted 4-4 on this issue. He also stated that a neighbor to the rear of the proposed garage felt the variance would adversely affect air, light and the attractiveness of their property. Mayor Kimble opened the public hearing. Mr. Jeanne Kensler, 1323 2nd Street N., stated that they felt compelled to appeal the decision made on May 12, 2003 because it appears they were denied approval of the variance due to the height of the building, which they are in compliance with. She stated that in addition, they felt compelled to appeal because the decision to deny their request presents a permanent hardship, given the difficulty of maneuvering vehicles in and out of our planned garage with limited space. She stated that their new garage will be six feet wider and eight feet taller than the current garage and that the variance was requested in an effort to allow easier access to our new garage. She stated that the height of our planned garage is not of issue, but rather, the issue is the distance between our new garage and our neighbor's lot. Ms. Kensler stated that it is their understanding that our neighbor is concerned about the potential loss of afternoon sunlight, as our new garage will be taller than the current one. She stated that in respect for their neighbor, it is understandable that a new building presents a possible difficult change, however, since the height of the garage. cannot and should not be of issue, it is confusing why building at 3'1 "from the property line is. She stated that it would seem likely that the difference of two feet would be minimal in respect to the amount of afternoon sun loss. She stated that the view of our garage from our neighbor's property will be on the northwest side of their lot and since the pool is located in the center and southwest portion of their backyard, loss of sunlight to their pool area should be minimal. She also stated that in regard to drainage, when our neighbor's pool was put-in their backyard was built-up. She stated that their backyard is flat and our new garage will have gutters, which all water will remain on site. She stated that the only view from the inside of our neighbor's house to the backyard is from one upstairs window. Ms. Kensler stated that they understand their neighbor's concerns; however, they believe the difference of two feet has a far greater impact on our daily garage use than the impact on their neighbor's summer use of their pool area and backyard and requested approval of the variance. Ms. Coni Leonard, 13232 S. First Street stated that they feel strongly that the reason why municipalities have zoning laws is to protect the value and personal enjoyment of Page 11 of 19 City Council Meeting - 03-12 June 3, 2003 all property owners and since we are the neighbors directly affected by this variance we feel a need to restate our position. She stated that as a property owner they enjoy their backyard. She stated that they have looked at other larger garages that been built in the neighborhood over the last few years, and while they may look very attractive from the front, the structures are very imposing on their neighbor's backyard. Ms. Leonard stated that the previous owners might have built up the backyard when the pool was installed over twenty years ago, the fill has settled and all water in this area eventually drains down hill towards the river. She stated that even if rain gutters are installed on the neighbors' new garage, the proposed structure has a steep roof that will create rapid run off in heavy rains, and there is no way they can guarantee that we will not have run off on their property. She stated if the base of the garage is to sit 37" from our fence, and it appears that the overhang on the garage is 10 to 12 inches, the drainage of the gutter would be just two feet from their fence. She stated that an existing smaller garage, sits 5 feet south of the proposed structure, and the run off from these two garages certainly is not going to drain uphill to Second Street. She stated that in many ways it seems trivial to have this dispute over two feet, but they deem it places no more "hardship" on their neighbors to abide by the zoning ordinances than it does for them to have the variance granted. She questioned whether the proposed structure is too large for the lot, in addition to the 6 feet wider, and 8 feet higher, it will be four feet deeper, which again makes them question potential drainage issues. Ms. Leonard stated that Mr. and Mrs. Kensler are basing their "hardship" argument on the fact that their house will be situated to close to the new structure, and this coupled with the "existing tree, fence, and wall" in their back yard, will not provide them adequate room to access the north-parking stall. She stated that there is 25 feet between the new structure and the house, which should allow ample room in their backyard to create additional access to the north-parking stall of the new garage. She stated that the existing chain-link fence could easily be moved to accommodate a wider driveway in front of the new garage, if desired. She stated that the wall and the tree do not appear to interfere with the proposed structure; therefore, they do not agree this is a bona fide hardship. She requested that the City Council not approve the variance. Ms. Diana Ensign, 1317 2nd Street S., stated she shares a driveway with the Kensler's and supports their request for the variance. She stated that they have had trouble negotiating the driveway the way it stands right now. She stated that it is a tight situation so bringing the garage back would improve the situation. She requested that Council support the variance. Mr. John Kern, 5469 Stillwater Boulevard N. stated he owns the property behind 1317 2nd Street S and that his property is lower than the three adjourning properties. He stated that he gets everyone's water. He stated that he sees a potential problem with additional runoff. He stated that he would have to figure out how to reroute the water. Mayor Kimble closed the public hearing. Page 12 of 19 City Council Meeting - 03-12 June 3, 2003 Councilmember Rheinberger stated that he favored the variance because anything less than a two-car garage today is a hardship, there are also safety concerns. Council member Kriesel stated he would be against the appeal and it should not provide a hardship on the residents on 1 st Street. He stated that he does not see the hardship of the applicants by moving the garage within the property and not having a variance. He stated that there will be more water runoff. Councilmember Junker stated that the Planning Commission felt the same way. He stated that they felt there was not a hardship and the garage did not warrant a variance because it could be placed 23 inches onto their property. Councilmember Milbrandt concurred with Councilmembers Kriesel and Junker. He stated he was concerned with the additional water runoff and the affect to the adjacent property owners. Motion by Council member Rheinberger, seconded by Council member Kriesel to approve the variance to the rear yard setback (5 feet required, 3' 1" requested) for construction of a two-car garage with storage above located at 1323 2nd Street South. Ayes: Councilmember Rheinberger Nays: C ouncilmembers Kriesel, Milbrandt, Junker, and Mayor Kimble Case No. PUD/03-48. This is the date and time for a public hearinQ to consider a reauest from St. Croix Development for a Final Planned Unit Development. Lona Lake Estates Phase II. for 14 townhomes (three buildinas) located on Parkwood Lane in TH. Townhouse Residential District. Community Development Director Russell reviewed the final planned unit development request from St. Croix Development formerly owned by Tim Nolde. He stated that the Heritage Preservation and Planning Commission have recommended approval. He also stated that there 16 conditions of approval. Mayor Kimble opened the public hearing. Mr. Mark Dawson, St. Croix Development reviewed the proposed final PUD and the construction of the project. Council member Rheinberger asked if Mr. Greg Wind's concern regarding his driveway has been resolved. Mr. Dawson stated that Tim Nolde has dedicated Outlot A on the plat to address Mr. Wind's concerns. He stated that either the outlot or an easement would be deeded or whatever is necessary to provide Mr. Wind the access he needs. Mr. Greg Wind, 6322 Stillwater Boulevard, stated that he does not want his driveway moved and he wants where his driveway is now deeded to him. He stated that neither Mr. Nolde nor Mr. Dawson has talked to his attorney so nothing is different from the Page 13 of 19 City Council Meeting - 03-12 January 8, 2003 meeting regarding this issue. tabled until this matter is taken care of. June 3, 2003 He requested that this issue should be Mr. Dawson stated that they have purchased the property from Mr. Nolde. He stated that he received a telephone call from Mr. Wind's attorney and that he advised the attorney that an Outlot has been created to address Mr. Wind's concern and the attorney asked if it would be deeded to Mr. Wind and I told the attorney that whatever is necessary would be done because it does not affect what will be done with the property. He stated that the outlot encompasses Mr. Wind's entire driveway so it satisfies Mr. Wind's adverse possession claim. Mayor Kimble asked if that means Mr. Wind does not have to move his driveway. Mr. Dawson stated that was correct. Mr. Wind stated that the plat depicts his driveway however some of the boundary points are 18 inches into the driveway so the boundary points need to go at least 6 feet north. He stated that he talked to his attorney today and he stated that nothing has been resolved. City Attorney Magnuson stated that Council could continue the condition of approval that there has to be a conveyance of a driveway easement to Mr. Wind. Mayor Kimble closed the public hearing. City Magnuson stated that in addition to the other conditions the condition of a driveway easement being granted to Mr. Wind, if there are any assessments (AUAR) they must be paid and a developer's agreement should be done with the current owner. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2003-129, approving Final Planned Unit Development, Long Lake Estates Phase II, for 14 townhomes (three buildings) located on Parkwood Lane in TH, Townhouse Residential District with conditions of the HPC 12 conditions of approval; the details of the fence design and landscaping visually separating the bank use from the residential development shall be approved by the Community Development Director; Norway Pine is not acceptable screening between bank lot and residences; grass areas shall be sodded, that a driveway easement must be provided to Mr. Wind, any assessments (AUAR) they must be paid and a developer's agreement should be done with the current owner. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Case No. PUD/03-27. This is the date and time for a public hearina to consider a reauest from Terra Sprinas. LLC. for a Planned Unit Development for 226 housina units. 15.000 - 20.000 sauare feet of retail/office space. 340 under around parkina spaces. landscaped archeoloaical areen. perimeter trail and interpretation area located at 608 North Main Street in the CBD. Central Business District. Page 14 of 19 City Council Meeting - 03-12 June 3,2003 Community Development Director Russell stated that this case has been before the Planning Commission and Heritage Preservation Commission and they recommended the concept PUD approval. He stated that details will have to be worked out and all of the building and site improvements will go through design review with the Heritage Preservation and Planning Commissions. He stated that the first phase would include the buildings of 1, 2 and 4 and later phase would be 3 and 5. He stated that one issue is building height. He stated that Building 1 would be 45 feet, Building 2 would be as high as 60 feet, Building 3 would be as high as 65 feet, Building 4 would be 45 feet and Building 5, closest to the street, would be four stories, 50 feet conforming to the Central Business District regulations. City Administrator Hansen asked if Building 3 was brought down to 6 stories and 65 feet instead of the proposed to be 8 stories and 90 feet. Community Development Director Russell stated that was correct. Mayor Kimble opened the public hearing. Mr. Brian Sweeny of Frauenshuh Sweeney provided an update on the progress for Terra Springs. He stated that they anticipate construction to begin in July. Mr. Jack Buxell, architect for Terra Springs, gave an overview of the concept planned unit development. He also presented elevation drawings showing the bluff and wall lines as it relates to the buildings. Council member Rheinberger asked what the value of the project would be at completion. Mr. Sweeny stated that the value would be approximately $45M. Councilmember Kriesel asked what is going to happen with the existing Battle Hallow monument. Mr. Buxell stated the proposal is to move it opposite the courtyard and it would be a part of the interpretive trail in the development. Ms. Suki Thompson, 913 N Broadway, stated that the main concern of the neighbors is the height of the buildings. She stated that the buildings should be nestled into the site and not overpowering the site. She also stated that she would like to see the maximum height of the buildings to be 60 feet. Mr. Doug Thorsen, 210 Laurel Street, stated he is concerned with the height of the wall and that it appears the structures rise above the wall and what the impact will be to his property. He stated that the project would be visible from his property. He stated that he is also concerned with the safety of the wall and erosion issue as it relates to the property. Page 15 of 19 City Council Meeting - 03-12 June 3,2003 Ms. Paulette Lappi, stated she is concerned with the height of the proposed buildings. She stated that Building 5 will be higher than the perceived bluff and asked Council to keep the building heights in mind when the review of the buildings are addressed by Council. Ms. Christina Michaud, 904 1st Street N, stated that the towers are not functional, was wondering if they are necessary, and wanted to know where the utilities will be located on the roof. Mr. Buxell stated that no mechanicals will be viewed from the above properties. He stated that if there were mechanicals on the roof they would be integrated in the roof and would not be seen. Mr. Larry Lappi, asked for the elevation of North 2nd Street versus the elevation of the building. He also asked for the elevation of the corner of 1 st Street and Elm. Mr. Buxell stated that the lowest elevation of Main Street is 692; the elevation of the back of the site 720, the elevation of 2nd Street at the lowest point is 800. He stated that the corner of Elm Street where it turns is 770. Mayor Kimble closed the public hearing. Council member Kriesel asked what the elevation of the towers is. Mr. Buxell stated that that the top of the tower on Building 1 is 50 feet. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-130, approving the concept of a Planned Unit Development for 226 housing units, 15,000 - 20,000 square feet of retail/office space, 340 under ground parking spaces, landscaped archeological green, perimeter trail and interpretation area located at 608 North Main Street in the CBD, Central Business District, Terra Springs. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None UNFINISHED BUSINESS (Continued) Second readino of an ordinance for Zonina Ordinance Map Amendment for properties located at the corner of Orleans Street and Greeley Street from RA. Sinale Family Residential to RB. Duplex Residential. Multifamily Medium Density. RCM Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Ordinance 937, an ordinance amending the City Code by Changing the Zoning Map. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Page 16 of 19 City Council Meeting - 03-12 June 3, 2003 ReceivinQ of bids and awardino contract for 2003 seal coat proiect Public Works Director Eckles reviewed the bids received for the 2003 seal coat project. He stated that the engineer's estimate was $100,000 and that the low bid was $82,607.50. He stated that the cities of Baytown and West Lakeland were part of the bid, which will be separately billed to each community. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-131, accepting bid and awarding contract for 2003 Street Sealcoat Project. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None Adoption of findinQs relatino to Case No. V/03-31 for a variance to the front yard setback (30 feet required, 12 feet requested) and bluff setback (100 feet required, 81 feet requested) for construction of a sinole family residence in the RB, Duplex Residential District and Bluffland/Shoreland Overlay District at 122 Lakeside Drive. Matthew McGuire and Andrea Saterbak City Attorney Magnuson reviewed the findings of fact and conclusions and order relating to the approval of the variance to the front yard setback (30 feet required, 12 feet requested) and bluff setback (100 feet required, 81 feet requested) for construction of a single family residence in the RB, Duplex Residential District and Bluffland/Shoreland Overlay District at 122 Lakeside Drive. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-132, adopting the findings of fact and conclusions and order relating to Case No. V/03-31. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None NEW BUSINESS Request for outside siQnaQe at 912 West Churchill Street - River Town Restoration Mayor Kimble reviewed the request from River Town Restoration for the placement of a sign as part of their restoration and fund raising for 912 West Churchill Street. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the placement of the 3' X 4' sign for no longer than 6 months at 912 West Churchill Street. All in favor. Possible approval of resolution to participate in Hazard Mitioation PlanninQ Process Police Chief Dauffenbach stated that starting November 1, 2004 FEMA would require Page 17 of 19 City Council Meeting - 03-12 June 3, 2003 that all communities have a mitigation process in place before receiving funds under the Hazard Mitigation Grant Program. He stated that Washington County would be doing a county level plan that will be multi-jurisdictional, including all cities and townships in Washington County. He stated that a resolution is needed to participate in the County's plan. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-133, resolution to participate in a Hazard Mitigation Planning Process. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker, and Mayor Kimble Nays: None STAFF REPORTS (continued) Budaet Information continued City Administrator Hansen stated that every year the City bonds for approximately $1,300,000 for our capital purchases that is done outside of levy limits. He stated that it would be a circumvention of the law to purposefully bond for more than we plan to spend, however the statutes do allow the council to change its mind and past bonding can be used for any other public purpose authorized by law. He stated that Council could, by resolution, not purchase something and use the money in the general fund. Council consensus that it could be done on a case-by-case basis. Mr. Hansen stated that Director of Administration Knauss and he have been exploring a leave without pay program to help save funds. He stated that the program would be voluntary, but employees would have to sign up in advance in order for it to help budget wise. He also stated that a goal of one voluntary unpaid day off per month may be affordable. With 100% cooperation this has the potential of saving approximately $80,000 for 2003 and 160,000 in 2004 Mr. Hansen requested a special meeting at 4:30 p.m., Tuesday, June 17,2003 to discuss budget solutions. Council member Kriesel commended staff in their help with the budget problems. Motion by Councilmember Rheinberger, seconded by Council member Kriesel approving a special meeting for budget solutions at 4:30 p.m., Tuesday, June 17, 2003. Public Works Director Eckles stated that he would be attending the Browns Creek Watershed District board meeting to discuss the development of Oak Park Heights regarding its impact on Stillwater and the possibility of including Oak Park Heights in the Stillwater AUAR. Council member Kriesel stated that he would be attending that meeting as well. Page 18 of 19 City Council Meeting - 03-12 June 3, 2003 Public Works Director Eckles requested that Council approve park improvements for various parks in Stillwater. He stated that these capital improvements were approved in the budget. Motion by Councilmember Kriesel, seconded by Councilmember Junker authorizing the capital improvement expenditures for parks for $190,000. All in favor. Mayor Kimble informed Council that the Mayor of Jinja, Stillwater's Sister City, would be here for the next meeting. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 10:04 p.m. ~~~ a 1m Ie, yor ATTEST: ~ J.~d- Diane F. Ward, City Clerk Resolution 2003-120, directing payment of bills Resolution 2003-121, approval of Change Order #1 for 2002 sidewalk project Resolution 2003-123, approving Minnesota premises permit for gambling for K of C Council 1632, 1910 South Greeley Street, Stillwater, MN. Resolution 2003-124, approving Minnesota premises permit for gambling for Stillwater Lodge #179 BPOE, 1905 South Greeley Street, Stillwater, MN. Resolution 2003-125, Fees for Services 2003 Resolution 2003-126, authorizing development charges for seal coating Resolution 2003-127, authorizing expenditure for playground equipment for Oak Park Elementary School. Resolution 2003-128, a resolution ordering a negative declaration on the Terra Springs Planned Unit Development Environmental Assessment Worksheet Resolution 2003-129, approving Final Planned Unit Development, Long Lake Estates Phase II, for 14 townhomes (three buildings) located on Parkwood Lane in TH, Townhouse Residential District Resolution 2003-130, approving the concept of a Planned Unit Development for 226 housing units, 15,000 - 20,000 square feet of retail/office space, 340 under ground parking spaces, landscaped archeological green, perimeter trail and interpretation area located at 608 North Main Street in the CBD, Central Business District, Resolution 2003-131, accepting bid and awarding contract for 2003 Street Sealcoat Project. Resolution 2003-132, adopting the findings of fact and conclusions and order relating to Case No. V/03-31 Resolution 2003-133, resolution to participate in a Hazard Mitigation Planning Process Resolution 2003-134, certificate of appreciation to Earl Plattner Ordinance No. 937, an ordinance amending the City Code by Changing the Zoning Map Page 19 of 19