Loading...
HomeMy WebLinkAbout2003-07-15 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-15 Council Chambers, 216 North Fourth Street July 15, 2003 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Absent: None Also Present City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Assistant City Engineer Sanders Police Chief Dauffenbach Fire Chief Kallestad Community Development Director Russell Administrative Secretary Moore APPROVAL OF MINUTES - JULY 1, 2003 Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the July 1, 2003 regular meeting minutes. All in favor. PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS Bike Race Report - Nature Vallev Grand Prix. Andy Dahl and Dave LaPorte reported on the success of the Nature Valley Grand Prix Bike Race in Stillwater and asked for feedback from Council. Council reported the only complaints received were regarding traffic. Lofts of Stillwater - Extension ReQuest to use parking lot. Jack Buxell, representing Lofts of Stillwater, reported that there are purchase agreements on about 25 percent of the units. Bids will be reviewed on Thursday for the pilings and work will begin soon thereafter and will last 3 to 4 months. Construction will continue through the winter. Motion by Council member Rheinberger, seconded by Council member Milbrandt to grant a one- year extension to the Lofts of Stillwater to use the parking lot for their sales trailer. All in favor. Page 1 of 7 OPEN FORUM Brent Peterson, Executive Director of the Washington County Historical Society, presented 2003 Lumberjack Days Buttons to the Council. All proceeds from sales of the buttons will benefit the Washington County Historical Society. STAFF REPORTS Councilmember Rheinberger reported that a citizen expressed concern to him about difficulty in locating the police department. Police Chief Dauffenbach stated that he would look into the possibility of more signage. Fire Chief Kallestad reported that the Bayport Foundation and Andersen Foundation have each donated $50,000 towards the purchase of a new fire engine. Fire Chief Kallestad also reported on the remodeling of the Fire Department restrooms. This item will be put on the agenda for the August 1 meeting. Community Development Director Russell reported on a request from Target for extra temporary signage to hire workers to help with the remodeling. Motion by Council member Rheinberger, seconded by Council member Kriesel to approve the request from Target for one extra sign for three weeks to advertise the hiring of temporary employees. All in favor. Mr. Russell also reported that meetings would begin next Tuesday for the planning of the downtown trail and plaza. City Engineer Eckles updated Council on the Brown's Creek Watershed District agreement with Oak Park Heights to participate on the trout stream mitigation project. He also reported on the high water problem at Long Lake and that progress is being made on a management plan for the lake. A solution could be in place by next year. Mr. Eckles also reported that issues surrounding Boutwell Road would be looked at. CONSENT AGENDA Resolution 2003-155, directing payment of bills Approval of Utility Bill adjustments - Sewer Charges Resolution 2003-156, approving Certificate of Termination Territorial Coalition Resolution 2003-157, approving Certificate of Termination of Battle Hollow, LLC Resolution 2003-158, approving Certificate of Termination Special Use Permit Battle Hollow, LLC Resolution 2003-159, discharging utility easement Resolution 2003-160, discharging storm sewer easement (Resolutions 3-7 needed to clear title flaws on Territorial Prison Site) Page 2 of 7 Approval of Request by Dennis Harvieux to sell 3-2 Beer at Lily Lake Ballfield for Ball Tournament Approval of Purchase of computer for Police Department for Deployment of BCA's Criminal Justice Data Network, Portal 100. Approval of Renewal of Maintenance Agreement for City's Imaging System. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda as presented with the addition of two items: All in favor. Letter of agreement for crossing the railroad tracks for the storm water project for Terra Springs. Declaration of restrictions and covenants for the Terra Springs project. PUBLIC HEARINGS New On-Sale and Sunday Liquor License for Famous Dave's. Mayor Kimble opened the public hearing. There were no comments from the public. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-161 granting a new On-Sale and Sunday Liquor License to Famous Dave's. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Case No. ZAM/03-03. Reauest from Kevin and Roxanne Shoebera for a zonina map amendment to rezone 10 lots located alona 62"d Street North from AP, Aaricultural Preservation to LR. Lakeshore Residential. Community Development Director Russell explained the AP, Agricultural Preservation designation is intended for land that comes into the City. The minimum lot size is ten acres and freezes the use until a zoning study can be done and an appropriate zoning designation is applied to the site. The Comprehensive Plan does designate the area Large Lot Single Family, and the Lakeshore Residential is consistent with that, requiring 20,000 square feet per lot, two units per acre. The Planning Commission reviewed the request on June 9. There were a large number of concerns expressed by neighboring property owners, and the Planning Commission recommended denial of the request. The Joint Board heard the request on June 25 and approved the zoning amendment for the three-acre Shoe berg site only and not the other lots. Page 3 of 7 Mayor Kimble opened the public hearing. Richard Huelsman, 12610 62nd Street, stated that seven of the nine property owners are against the rezoning. It will significantly change the character of the neighborhood. Rezoning even one lot will set a precedent. The comprehensive plan describes this area as semi-rural. Carolyn Elliott at 12601 62nd Street also emphasized that seven of the nine property owners want the zoning to remain as it is. Greg Machesney, 12727 62nd Street, agreed with the last two speakers and wants the property to remain as it is. Perry Furgala, 12525 62nd Street, said he is opposed to the rezoning and wants to keep his property the way it is. Eric Whalen, 12563 62nd Street, said he and his wife are opposed to the request. Kevin Shoeberg, the applicant, showed pictures of his property from 15 years ago, when the area was rural, and compared them to current pictures showing that the area is no longer rural in character. He also stated that his request is only to rezone his own property. The request to rezone all ten properties was brought by the Planning Department. His intent is to limit the number of driveways. There will be three driveways in addition to his existing driveway. He plans to place the driveways in the deadfall areas in order to take out the minimum number of trees. He said his plan is consistent with the City's Comprehensive Plan and will not affect the neighboring properties. Pauleen Peacock, 12525 62nd Street North, stated that she is a landscaper and feels that the existing oak trees will be affected by oak wilt if they are cut. Jo Gascoigne, 12601 62nd Street North, lives across the street from Mr. Huelsman. She purchased her property in 1989 and there were no trees across from her, only a cornfield. Mr. Huelsman planted over 250 trees on his property. She also questions why she was not made aware of annexation plans but Mr. Shoeberg knew about it. Mayor Kimble closed the public hearing. Mr. Shoeberg agreed to waive his right to a rural taxing district. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the first reading of an ordinance for a zoning map amendment to rezone the Shoeberg property only, from AP, Agricultural Preserve to LR, Lakeshore Residential, Case No. ZAM/03-03. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Page 4 of 7 Case No. SUB/03-61. Request from Kevin and Roxanne ShoeberQ for a subdivision of a 3.03 acres lot into four lots of: Lot 1- 40.946 square feet: lot 2 - 26.000 square feet: Lot 3 - 26.000 square feet:. Lot 4 - 26.000 square feet located at 12730 62nd Street North in the LR. Lakeshore Residential District. Mayor Kimble opened the public hearing. Richard Huelsman, 12610 62nd Street, stated that the property owners who were brought into the City during the annexation were not informed of the possible rezoning. The definition of Large Lot is used inconsistently in the Comprehensive Plan. The Agricultural Preserve designation was never explained. His is the only property that is on the lake, so the Lakeshore designation is a misnomer. He is concerned about the three additional driveways, and the additional traffic. Pauleen Peacock, stated there will be four driveways in 400 feet. Kevin Shoeberg, applicant, stated that having four driveways in 400 feet should not be an issue. One driveway for four lots is not feasible. Lisa Whalen, 12525 62nd Street, reiterated that there is a lot of foot and bike traffic on 62nd Street. Mayor Kimble closed the Public Hearing. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2003-162, approving the request for subdivision of 3.03 acres lot into four lots at 12730 62nd Street North in the LR, Lakeshore Residential District, Case No. SUB 103-61, with conditions as listed and with the additional condition that the homeowners connect to City services and directing staff to look at the possibility of Mr. Shoeberg keeping his well. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None UNFINISHED BUSINESS Second readinQ of Ordinance No. 939. an ordinance amendinQ Chapter 43 of the Stillwater City Code entitled liquor. Mayor Kimble noted that this is not a public hearing, but opened the meeting to comments from the public. Jim Junker, on behalf of his daughter Jessica, owner of St. Croix Saloon, stated that he did not know of the meeting last month. He will be purchasing the building and stated that the 2 a.m. closing time is extremely important to the business and will help keep business in Stillwater. Page 5 of 7 A representative of St. Croix Crab House stated that a later closing time would allow the bands to start playing later, atter the peak restaurant hours are over. Dave Newhouse urged Council to pass Ordinance No. 939. Frank Brewer, St. Croix Crab House, stated he has heard from many people in Stillwater that they would like a later closing time. A downtown resident stated that rather than have people go over to Wisconsin, Stillwater should keep the people here in town. Steve Meister, owner of Meister's Bar and Grill, stated that he intends to maintain the 1 a.m. closing, but the City should let the business owners decide what time to close. Monty Brine, Brine's Bar and Restaurant, felt that the bar owners should have the option of staying open until 2:00 if they desire. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to adopt Ordinance No. 939, amending Chapter 43 of the Stillwater Code entitled Liquor. Motion failed 2- 3. Ayes - Councilmembers Kriesel and Rheinberger Nays - Council members Milbrandt, Junker, and Mayor Kimble Ramsev Street Zonina Application Community Development Director Russell reviewed a request for a zoning map amendment and subdivision request for two parcels between Olive and Ramsey Street. The Planning Commission has reviewed the request twice and recommended denial of the zoning amendment but suggested that the property owners request a variance to the lot size requirement for a subdivision. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to deny the zoning amendment as recommended by the Planning Commission. NEW BUSINESS Approval of feasibilitv report and callina for public hearina for North Hill proiect Assistant City Engineer Sanders reviewed the North Hill Project Feasibility Report. The total project cost is $6.4 million. The assessed costs would be $1.9 million. A typical lot assessment would be $11,870. If the feasibility report is approved, a public hearing would be held on August 5 and the sewer project could begin in the fall. Page 6 of 7 Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2003-163, accepting the North Hill Project feasibility report and setting a public hearing date on August 5, 2003. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Approval of cooperative aareement with the City of Oak Park Heiohts. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2003-164 approving the agreement with Oak Park Heights regarding participation i Stillwater AUAR Trout Stream Mitigation Project. All in favor. Ayes - Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays - None Possible approval of addition of patio to Acapulco Restaurant's Liauor License. Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the addition of a patio to Acapulco Restaurant's liquor license. All in favor. COUNCIL REQUEST ITEMS Councilmember Kriesel reported that a homeowner on Maryknoll is having a problem wit geese in her yard. Council directed staff to review the City's animal control ordinance. Councilmember Milbrandt asked for clarification on the library discussion, which is on the agenda for next month. Council agreed to hold a workshop in two weeks to discuss the library. ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Kriesel to adjourn the meeting at 10:00 p.m. All in favor. ATTEST: Larry D. H sen, Acting City Clerk Page 7 of 7 Resolution 2003-155, directing payment of bills Resolution 2003-156, approving Certificate of Termination Territorial Coalition Resolution 2003-157, appr()ving c;ertificate of Termination of Battle Hollow, LLC Resolution 2003-158, approving Certificate of Termination Special Use Permit Battle Hollow, LLC Resolution 2003-159, discharging utility easement Resolution 2003-160, discharging storm sewer easement (Resolutions 3-7 needed to clear title flaws on Territorial Prison Site) Resolution 2003-161 granting a new On-Sale and Sunday Liquor License to Famous Dave's Resolution 2003-162, approving the request for subdivision of 3.03 acres lot into four lots at 12730 62nd Street North in the LR, Lakeshore Residential District, Case No. SUB 103- 61 Resolution 2003-163, accepting the North Hill Project feasibility report and setting a public hearing date on August 5, 2003 Resolution 2003-164 approving the agreement with Oak Park Heights regarding participation in Stillwater AUAR Trou~ Stream Mitigation Project Page 8 of 8