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HomeMy WebLinkAbout2003-07-01 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-14 July 1, 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Director of Administration Knauss Public Works Director Eckles Police Chief Dauffenbach Fire Chief Kallestad City Clerk Ward OTHER BUSINESS Discussion on 2:00 a.m. bar closino City Administrator Hansen reviewed City Clerk Ward's memo regarding the 2:00 a.m. bar closing. He stated that at Council's request liquor establishment owners were contacted and invited to attend the meeting to provide the Council their point of view. Police Chief Dauffenbach stated that he didn't think the impact of the 2:00 a.m. closing would be any different than it is right now, because of Stillwater's proximity to Wisconsin the department deals with people coming back to Minnesota after 2:00 a.m. so whether it is 2:00 a.m. in Stillwater or not the impact to Stillwater would probably be the same. He explained his department's scheduling and stated that he may have to do a shift change and may have some added overtime for the 2:00 a.m. Council member Rheinberger asked how many officers are on Friday and Saturday nights. Chief Dauffenbach stated that at bar time he may have four patrols on the weekend and depending on the type of activity is where the patrols would be. Council member Kriesel stated that his concern is the amount of noise at closing time especially in residential areas. Chief Dauffenbach stated that the noise complaints come from two areas, the music downtown and motorcycles. He stated that the department has a decibel meter and if the music is too loud the bar owners have always had the music turned down. He informed the Council that the police department does ticket motorcycles with loud pipes but safety versus noise is safety first and that the noise after hours will continue whether it is a 1 :00 or 2:00 closing. City Council Meeting No. 03-14 July 1, 2003 Council member Junker asked what is the policy of clearing out the establishments at 1 :00 a.m. Chief Dauffenbach stated that the bigger bars have security and they clear people out right away, some of the smaller bars have people lingering. He requested that Council consider a provision in the ordinance that would state that no one except employees and owners could be on the premises 15 minutes after bar closing time. Chief Dauffenbach provided information regarding the cost of police services relating to alcohol. He stated that approximately $200,000 is directly related to alcohol. He stated that a fee for service would be four times what the cost of a liquor license is currently. Ms. Linda Hinz, John's Bar, stated that her biggest issue is the lack of taxi service in Stillwater. She informed the Council that the taxi company in Stillwater does not even answer the telephone at 1 :00 a.m., and that she has a lot of responsible customers that would take a taxi but there is none after 1 :00 a.m. She stated that she is personally not in favor of the 2:00 a.m. closing, because there are condos downtown and will continue to be more with the addition of the Lofts and Terra Springs and does not think those people would want the 2:00 a.m. closing. She stated that she always thought of Stillwater as a special place, and just because the State says bars can stay open doesn't mean Stillwater should. She suggested that Council should wait and see what happens. Mr. Greg Lindow, P.D. Pappy's, stated that it does not make any difference to him and that with the 1 :00 a.m. closing his business drastically drops after midnight. He stated that there are many unknowns at this time, such as is the liquor insurance going to be higher if establishments stay open until 2:00. He suggested that maybe Council should review it on a yearly basis, but if the 2:00 a.m. closing is passed by the City Council he would do it just to stay competitive but he probably would only stay open long enough so people would not go somewhere else. He informed the Council that he would not have bands playing until 2:00 a.m. Mr. Brine, Brine's, stated that if surrounding communities are open until 2:00 a.m. it could hurt the establishments in Stillwater, and that either 1 :00 a.m. or 2:00 a.m. wouldn't make a difference to him. Mr. Larry McGough, Freight House, stated that their season is Memorial Day to Labor Day and stated that he would be in favor of the 2:00 a.m. closing during that time. He stated he was not in favor of a fee for service because he pays taxes which some of that money is probably allocated for police service. He suggested that Council implement a sales tax that he could pass on to the customers. Councilmember Rheinberger stated he was against the 2:00 a.m. closing because of substantial behavior changes by some allowing the extra one or two drinks, that establishments would not make much money, hidden costs to residents by police being overextended and more accidents. He felt that the 2:00 a.m. closing fits an out-of-state convention town and it does not fit Stillwater. 2 City Council Meeting No. 03-14 July 1, 2003 Ms. Sirene Bloom, resident stated that she didn't think people would be staying out until 2:00 a.m. and that just because everyone else may do it, doesn't mean that Stillwater should do it. Council member Milbrandt stated that it is interesting that there is no passion for this issue and that because of the referendum that failed it is apparent that the residents do not want Stillwater to become a bar town he is in favor of keeping the 1 :00 a.m. closing. Mr. Lindow asked what the process would be for the 2:00 a.m. closing. Mayor Kimble explained the ordinance procedure. City Attorney Magnuson stated that the City's current ordinance would not change it would follow State statutes. He stated that if Council wishes to keep the 1 :00 a.m. closing an ordinance change would be required. City Clerk Ward explained that if the 2:00 a.m. closing were approved, the application would be signed and mailed to the State. She stated that she has been informed by the State that they are approving the applications immediately and return them to her at which time she would contact the establishments and the mailing time would be 1-2 weeks. Mr. Lindow asked City Attorney Magnuson if Council could review the ordinance on a yearly basis and asked if Council would consider an annual review. City Attorney Magnuson stated that Council could review and change the ordinance at any time. Councilmember Junker stated that the 2:00 a.m. licenses run annually so how would that affect the City's process. City Attorney Magnuson stated that if Council decided to change the ordinance to 1 :00 in January the establishments would have to request a refund from the State. Mr. Tom Howard, St. Croix Cafe, concurred with Mr. Lindow that his business decreases around midnight and that when people return to Stillwater from Wisconsin he has a lot of people pounding on his door to use restrooms. He stated that having the establishment open until 2:00 a.m. may alleviate some of this problem and he would go along with the Chiefs recommendation to have people vacate the premises by 2: 15 p.m. Councilmember Kriesel stated that he would like to see the ordinance changed to a 1 :00 a.m. closing and if there would be a City fee for a 2:00 a.m. closing. Mayor Kimble stated that the law does not allow for the City to charge an additional fee. City Attorney Magnuson stated that he would not recommend charging a fee at this time because the League of Minnesota Cities has not determined its validity. 3 City Council Meeting No. 03-14 July 1, 2003 Motion by Councilmember Rheinberger, seconded by Council member Kriesel to adopt the first reading for an ordinance amending Chapter 43, entitled Liquor. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Discussion on rates for Street Liahtina Public Works Director Eckles stated that the purpose of the ordinance is to pay for expenses associated with the City's signs and lighting budget and generate enough revenue to maintain, rehabilitate and reconstruct the City's lighting and signage infrastructure. He stated that the actual costs of running the lighting, signals and signage in the City of Stillwater is about $350,000, including potential capital improvements. He stated that using this as an objective the City set forth the following goals in setting up a signs and lighting utility. He stated that in looking at other cities and opportunities within the City of Stillwater, one approach that has much merit is to mirror the storm water utility approach to setting rates. He stated that the philosophy is to adopt rates based on land use density and intensity of land use, just as these criteria's increase storm water runoff they also tend to generate more pedestrian and vehicular traffic. He stated that since our signs and lighting system is devoted to providing safe streets and transportation system, these criteria's seem justified. He also stated that this philosophy sets rates not just based on immediate sign and lighting benefits, but also on secondary benefits to residents and businesses that result from an overall transportation system that is safe. He stated that the recommended rates are as follows: Cateaorv Quarterlv Rate $8 per unit $6 per unit $24 per acre $96 per acre $128 per acre $2 per acre Single-Family Multi-Family Institutional Commercial Commercial with system Active Open Space He stated that using these rates shown above, the residential properties within the City of Stillwater would yield approximately $190,000 in annual revenue, and the commercial properties would yield revenue of approximately $140,000 annually. He stated that if the Council elects to go with a low service district fee reduction program, the system will obviously yield somewhat less revenue and the programming and operation of the system would become more difficult. Council member Kriesel asked if properties such as Oak Glen could be excluded from this fee or deduct what they pay from the fee. Public Works Director Eckles stated that the traffic systems provide a benefit for the entire community. Councilmember Milbrandt stated that there are yard lights at Oak Glen not streetlights. 4 City Council Meeting No. 03-14 July 1, 2003 Mayor Kimble stated that the yard lights reduced the need for a streetlight, but was governed by a covenant for the neighborhood. Councilmember Milbrandt stated that this would establish a City wide benefit and creating a low use district would provide future developers to come up with the next idea of privatizing lights as opposed to a City plan. Mayor Kimble stated that he received a memo from the ICMA that states 75% of cities are creating fees for services. He explained the method for the storm water fees relating to small and large parcels and how it applies to everyone on an equal basis. He stated that this is a way for the City to recover costs and also to collect money to maintain and improve the street lighting such as the Curve Crest lighting. He recommended everyone pay on an equal basis. He stated that he has people telling him not to cut services, but charge a fee. Councilmember Kriesel stated that he felt that those people would be paying more and didn't think it was fair. Councilmember Rheinberger stated he is against the setting of street lighting districts, but he could see the district being used in the commercial areas. Street lighting in residential is an expected core service, which property taxes should pay for. He thinks it is unfair. Council member Junker asked when the implementation would be. Public Works Director Eckles stated that this could be on the next utility bill. City Administrator Hansen stated that this issue could be looked at various time should Council desire to change the rates. Councilmember Kriesel stated that he would be voting against this issue because he felt it was not discussed enough and feels strongly about the low service district. He stated that he supports the street lighting district, but not as it stands. Motion by Councilmember Milbrandt, seconded by Council member Junker to approve Resolution 2003-151, approving lighting and signage fees. Ayes: Councilmembers Milbrandt, Junker and Mayor Kimble Nays: C ouncilmembers Kriesel, Rheinberger Information on franchise fees City Administrator Hansen stated at the last meeting Council approved a 3% fee for the electric franchise fee. He stated that Excel has requested that Council set a flat fee for the charge because it protects the customer from inflationary rate charges and for what it does for the large user such as Target or Cub. He also stated that it gives a dollar amount for budgeting purposes. Councilmember Milbrandt asked if this would be reviewed annually. 5 City Council Meeting No. 03-14 July 1, 2003 City Administrator Hansen stated that what is tentatively agreed upon is in the 10th year of the franchise rate discussions would be open. In addition he recommended language that if the CPI reached 8% or higher it would automatically open rate discussions. He also stated that Council could reduce or eliminate the fees at any time with mutual consent. He stated by cooperating both ways it sets the standard for future years. Councilmember Rheinberger stated that he is against the franchise fee because the property tax and traditional sources should be the basis, instead of a conversion of expectations to a fee for government. He feels that we are heading down the wrong path. Council member Kriesel stated that there is no one on the Council that favors the franchise fee, however it is necessary because of the state cuts and if core services are going to be maintained it can't be done with the current tax levy. He stated that the fee should be implemented so the citizens have the core services and look at long term for services that should be changed or not. He also stated that without this franchise fee and balancing the budget we will have an erosion of core services, which is not what the community wants. Motion by Councilmember Kriesel, seconded by Councilmember Junker to adopt Resolution 2003-152, approving flat rate for the electrical franchise fee. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: C ouncilmember Rheinberger STAFF REPORTS Fire Chief Kallestad reported that since the Public Works Department has taken over the vehicle maintenance the department is paying a lower rate for the service. He stated that it is working very well and thanked the Public Works Department for their service. Chief Kallestad stated he has received notice from the St. Joseph Township that they have approved all three of the firework displays for this year. Chief Kallestad stated there have been concerns by some residents regarding recreational fires in the City. He stated that in reviewing the City's ordinance and the Fire Code there is a fair amount of difference between the two documents and it makes it a little difficult to enforce. He stated that he plans to bring before Council at the next meeting some recommendations for modifications to the City's recreational fire ordinance. Mayor Kimble thanked the fire department for the timely service on property that he owned. Public Works Director Eckles stated that the level of the river should stay where it is right now, so there will be water in the park for the fireworks. 6 City Council Meeting No. 03-14 July 1, 2003 Council member Milbrandt asked if the City has any voice in "No Wake" on the river. Mayor Kimble stated that "No Wake" is at 880 and he believed they were patrolling the river. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel directing staff to write a letter to DNRlSherriffs department regarding the enforcement of "No Wake" on the St. Croix River. All in favor. City Attorney Magnuson stated that the closing of the Territorial Prison property was to be on July 1 and will now be on July 7 or 8. City Administrator Hansen stated that the City Forester, Kathy Widen, has informed him of an oak wilt grant she would like to apply for. He stated that there would be a match cost of $800-$1000. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-154, authorizing application for Oak Wilt grant. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 6:04 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble reconvened the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Fire Chief Kallestad Planner Fitzgerald City Clerk Ward PLEDGE OF ALLEGIANCE - Observance of Independence Day - July 4, 2003 Mayor Kimble lead the Pledge of Allegiance in observance of July 4. APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the June 3 and June 17, 2003 regular meeting minutes. All in favor. 7 City Council Meeting No. 03-14 July 1, 2003 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mr. Dave Eckberg, St. Croix Events, provided an update on Lumberjack Days. He also requested authorization to proceed with the installation of electricity in Lowell Park to be paid for by them. He also stated that he was aware that should construction begin in Lowell Park that costs related would be at their expense. He requested that an additional banner be allowed to commemorate Andersen Window's 100th birthday and asked if the last 300 feet of the parking lot adjacent to the tracks could be paved before Lumberjack Days. Mayor Kimble explained that the paving could not be done because it is anticipated that there would be improvements in the park in 2004 and that it would be a waste of public funds to pave this year and remove it next year. Motion by Councilmember Rheinberger, seconded by Council member Junker authorizing St. Croix Events to proceed with the installation of electricity in Lowell Park working in conjunction with the City Engineer and authorizing the placement of an additional banner to commemorate and decorate downtown for the 100th birthday of Andersen Windows. All in favor. OPEN FORUM Mr. Jim Walden, 805 6th Avenue S, presented a petition from residents on 6th Avenue S against the name change of 6th Avenue S. to Broadway. He requested that this matter be removed permanently. Mayor Kimble stated that the matter was tabled indefinitely. Mr. Walden stated that if Council would remove the item permanently the issue would be a dead issue. Motion by Council member Rheinberger, seconded by Councilmember Kriesel removing the item of a 6th Avenue S street name change instead of tabling the item indefinitely. All in favor. 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 2003-146, directing payment of bills Possible authorization to Final Stretch, Inc. to hold portion of Gopher to Badger Half Marathon in the City on Saturday, August 16, 2003 Possible approval of Permit to Sell at Lily Lake Ballfields - July 25-27, 2003, applicant Brian Johnson Resolution 2003-147, Approving Inclusion of Larry D. Hansen in the Public Employees Retirement Association (PERA) 8 City Council Meeting No. 03-14 July 1, 2003 Resolution 2003-148, approval of 2003 Lumberjack Days Agreement Request to block portion of First Street between Willard and Churchill for neighborhood block party - Jim Caldwell Resolution 2003-149, designation for additional depositories for 2003 Resolution 2003-150, accepting work and ordering final payment for County Road 5 Watermain (Project 2000-16) Request to install banner - Anderson's 100th birthday and Lumberjack Days PUBLIC HEARINGS Case No. V/03-50. Appeal of the Plannina Commission's decision on a reauest from Joe Thompson for a variance to the front yard fence height reQulations (42" allowed, 60" proposed) at 828 West Willard Street in the RB, Two Familv Residential District. Planner Fitzgerald reviewed the denial of the variance by the Planning Commission decision. She stated that the commission's concern were for the proposed magnitude would be imposing and it would impair the visual openness of the streetscape and neighborhood. Mayor Kimble opened the public hearing. Mr. Joe Thompson, applicant stated that his request was for the Planning Commission to grant a variance allowing: (1) the portion of the fence to extend at least ten feet, preferably sixteen feet south from the southwest corner of the garage and be constructed at a height of 60"; (2) the portion of the fence be constructed at a height of 60"; and (3) the portion of the fence that extends past the front of the home be constructed at a height of 60". He stated that City Code Section 31-1, Subd. 30(2)(d) provides, in summary, that a variance may be granted if: (1) a hardship peculiar to the property not created by any act of the owner exists, (2) it is necessary for the preservation and enjoyment of substantial property rights and does not constitute a special privilege, and (3) it will not be of substantial detriment to adjacent property and will not materially impair the purpose of the public interest nor adversely affect the comprehensive plan. He stated that in his opinion, his circumstances satisfied each of these conditions. He stated that he could not build on or behind the building line because of 100' tall trees, a condition he did not create and that privacy and the prevention of trespass are substantial property rights that will be impaired with upon the completion of the street improvement project because the sidewalk will be constructed on his side of the street. He also stated that rather than being a detriment, this fence will improve the look of the property and surrounding properties and will not in any way materially impair the public interest. Mr. Thompson stat~d that since the primary concern of the Planning Commission was how far Line E extends past the building line, he asked that the City Council allow him to construct a fence 60" in height that extends only five feet in front of the building line. He stated that this would allow him to avoid a grove of trees that lie directly in line with the building line while still protecting the public interest and his property rights. Councilmember Junker stated that the Planning Commission's concern and discussion was the height of the fence. 9 City Council Meeting No. 03-14 July 1, 2003 Ms. Fitzgerald stated that an option would be to have a 3.5 foot fence in the front of the trees and go back and put the 6' fence where it is allowed. She also stated that he could put a gate to allow access to the front and would not need a variance to do that. She stated that hardship has not been demonstrated because Mr. Thompson could do it another way. Mr. Thompson disagreed that a hardship did not exist because he did not create the trees. He stated that he would not have a problem building a fence even with the garage except for the trees nor would he have a problem of building a fence four feet from the garage without the trees. He stated that there are privacy issues and just wanted to move everything back but build a higher fence. Mayor Kimble closed the public hearing. Councilmember Milbrandt stated that a five-foot fence would be imposing. Mr. Thompson stated that there are other fences going up in the neighborhood that haven't gone through the process. Council members Kriesel and Junker stated that their concern was the height of the fence. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to uphold the Planning Commission recommendation to deny the variance to the front yard fence height regulations. All in favor. UNFINISHED BUSINESS 501 S. 2nd Street Demolition - Mr. Brad Castle Fire Chief Kallestad stated that the demolition is scheduled for July 7 and that a letter from David Wagner, a structural engineer supports the demolition. He stated that Mr. Castle requests that he be allowed to save the southeast room as a study room and work shed. He stated that he has talked to Building Official Shilts and that no water and sewer should be connected because this would not be considered as a habitable structure. Chief Kallestad stated that the fire department is prepared to help assist Mr. Castle in the removal of some items in the home before demolition. Mr. Brad Castle requested that the southeast room be saved as it has significant sentimental value to him and it would be a place were he could read, tend to his garden. Mr. Bob Hagstrom reviewed how the southeast room would be separated from the main structure of the home and that no sewer and water would be installed to the room. He stated that he has volunteers that will be able to separate the room prior to demolition on July 7. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to allow Mr. Castle to save the southeast room under the supervision of Mr. Robert Hagstrom and that the room will be used for a garden shed and restored as such by October 1, 2003. All in favor. 10 City Council Meeting No. 03-14 July 1, 2003 NEW BUSINESS Approval of 2003 livable community development account arant application Mayor Kimble reviewed the memo from Community Development Director Russell requesting to approve the 2003 livable community development account grant application. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-153, authorizing application for a development grant through the Livable Communities Demonstration Program. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Settina of public hearina for On-Sale and Sunday Liauor License for Famous Dave's Mayor Kimble reviewed City Clerk Ward's memo stating that Famous Dave's has requested an On-Sale and Sunday liquor license as allowed by the new law allowing municipalities to issue unlimited On-Sale and Sunday liquor licenses to restaurants and that a public hearing needs to be set for any new license. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to set a public hearing for 7:00 p.m., or as soon as possible thereafter, on July 15, 2003 to consider a On- Sale and Sunday liquor license for Famous Dave's. All in favor. COMMUNICATIONS/REQUESTS Mayor Kimble stated that a letter from Rob McGarrey has been received requesting that the Stillwater Hockey Boosters be allowed to use the Aiple Property for parking during Lumberjack Days to raise funds for the hockey boosters. He stated that Council has approved this request in the past. Motion by Council member Rheinberger, seconded by Council member Milbrandt allowing the Stillwater Hockey Boosters to use the Aiple Property for parking to raise funds during Lumberjack Days. All in favor. Mayor Kimble stated that the request to block portion of First Street between Willard and Churchill for neighborhood block party also requires a noise variance until 11 :00 p.m. Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the noise variance until 11 :00 p.m. on July 12, 2003. All in favor. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 7:57 p.m. All in favor. 11 City Council Meeting No. 03-14 July 1, 2003 ~~ ATTIlLa. t1~ Diane F. Ward, City Clerk Resolution 2003-146, directing payment of bills Resolution 2003-147, Approving Inclusion of Larry D. Hansen in the Public Employees Retirement Association (PERA) Resolution 2003-148, approval of 2003 Lumberjack Days Agreement Resolution 2003-149, designation for additional depositories for 2003 Resolution 2003-150, accepting work and ordering final payment for County Road 5 Watermain (Project 2000-16) Resolution 2003-151, approving lighting and signage fees. Resolution 2003-152, approving flat rate for the electrical franchise fee Resolution 2003-153, authorizing application for a development grant through the Livable Communities Demonstration Program Resolution 2003-154, authorizing application for Oak Wilt grant , 12