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HomeMy WebLinkAbout2003-09-16 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-20 September 16, 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 Fire Chief Kallestad Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the September 2, 2003 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation - Constitution Week - September 17-23. 2003 Mayor Kimble read a proclamation proclaiming September 17-23, 2003 Constitution Week. Forest Utilization Demonstration Activitv - Stonebridqe Elementary - Dawn Flvnn & Robert Kondrasuk Ms. Dawn Flinn reviewed the proposed forest utility demonstration activity that students would be doing in the City Park next to Stonebridge School. She stated that Stonebridge Elementary teacher Robert Kondrasuk and Stillwater Area High School Teacher Todd Kapsner received a partnership grant from the school district for this year to conduct a forest utilization demonstration activity with all the second and third graders at Stonebridge. The demonstration will entail cutting down some of the stunted, hazardous, or other trees within the property, dragging them out the old fashioned and less disturbing way with a horse, and then milling the trees into lumber. She explained that the high school shop students will then make bluebird houses and math games for area schools with the lumber and that all trees to be cut will be determined ahead of time with the help of contract city forester Kathy Widin. Ms. Flinn also stated that they do not have a management plan for this forest, but will be working with the City to develop that plan for future projects in the area. City Council Meeting No. 03-20 September 16, 2003 Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to approve the forest utility demonstration activity and directed Public Works Director Eckles to work with Ms. Flinn for public works assistance as time would allow. All in favor. STAFF REPORTS Community Development Director Russell stated tl\at there was a Downtown Plan meeting on Wednesday, September 17, 2003 at noo p.m. and Mr. Russell presented a request from Wanda Plam, Project Coordinator for GMAC to use a small portion of the parking lot between Chestnut and Myrtle Street behind the Lumber Baron for a team building exercise of building playhouses as part of their conference at the Lumber Baron. He stated that they are requesting to place a 30' X 50' white party tent and would like to set up on Monday, October 6. They would build the playhouses on October 7 and have the tent removed on October 8. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to approve the use of a small portion of the city parking lot for the teambuilding exercise and directed Public Works to provide a barricade for the area. All in favor.' Public Works Director Eckles provided an update on the 2003 Street Improvement Project. Mr. Eckles stated that he has received a letter from residents on Towne Circle asking for their street to be improved. He explained that this should be reviewed in 2004 for the 2005 construction season because with the North Hill improvements his department would not be able to handle another project in 2004. Council directed Mr. Eckles to add Towne Circle to the streets to be reviewed in 2004. Mr. Eckles reviewed bids for the restoration of the City's parks. Councilmember Milbrandt asked if this bid included expertise on what to do with Lowell Park. Mr. Eckles stated that the contractor has considerable knowledge of turf management and will be working with staff, however that Lowell Park would probably be an ongoing maintenance project because of the possibility of floods and use for large events. Motion by Council member Rheinberger, seconded by Councilmember Junker approving the park restoration quotation and directing the Public Works Director to proceed with the improvements. All in favor. City Attorney Magnuson stated that he has been working with Mr. Dan Parker of School District 834 regarding the history of the Old Athletic Field property and what happens to the property if the school district no longer uses it for school purposes. He stated that he will continue to investigate the issue and report to Council at a future meeting. Mr. Magnuson also provided an update on the ordinance for the newspaper stands in downtown. 2 1_______ City Council Meeting No. 03-20 September 16, 2003 City Administrator Hansen reviewed his memo regarding the 2004 tax rate. He stated that when he and Assistant Finance Director Harrison submitted the 2004 Preliminary Budget they estimated that the proposed tax levy would not increase the tax rate of 2003. He informed the Council that the tax rate will actually go down %% from 52.760 to 52.20 because they had estimated a taxable market value growth of 10% and the numbers from the county now indicate 12%+. Mr. Hansen also stated that this means that tax payers will not pay increased tax because of the City's 2004 levy, but may pay more taxes because of home valuation changes. Council member Rheinberger expressed concern that resident's taxes will go up. Mayor Kimble explained that the increased valuation of a resident's home would be the cause of increased taxes, not the City's tax rate because it is reduced in 2004. City Administrator Hansen reminded Council of the National League of Cities conference held in December and the Boards and Commission picnic on Wednesday, September 17. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Council member Junker to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-193, directing payment of bills Resolution 2003-194, establishing monthly rate schedule for the collection of solid waste and recycling for the months October, November, and December 2003. Resolution 2003-195, approving Certificate of Correction to Neal Meadows 3rd Addition and Settlers Glen plats Approval of gambling permit - St. Michael's Church - November 8, 2003 Resolution 2003-196, reapportioning special assessments for parcel no. for parcel no. 29.030.20.44.0057,29.030.20.44.0058 and 29.030.20.44.0061 pursuant to subdivision of land (1502 & 1508 W. Olive Street) Resolution 2003-197, Approval of gambling permit for off-site gambling - St. Paul Festival & Heritage Foundation - Oak Glen County Club - October 6, 2003 Request to purchase four Dell computers (1-Rec Center & 3 Police Dept.) Approval of banner request - American Diabetes Association PUBLIC HEARINGS This is the day and time for the public hearino to certify the Senior Deferred assessments for LI 297. William Street (adopted 1994) and LI 284. Myrtle Ravine Drainaae (adopted 1994) for Parcel 28.030.20.21.0062 (109 N. William). Notice was mailed to the affected propertvowners on Seotember 3. 2003. 3 City Council Meeting No. 03-20 September 16, 2003 City Administrator Hansen explained that the assessments for this property were deferred through the Senior Deferred assessment process. He stated that the property has changed hands and the new owner is not qualified for the senior deferment. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-198, changing Senior Deferred assessments for LI 297, William Street (adopted 1994) and LI 284, Myrtle Ravine Drainage (adopted 1994) for Parcel 28.030.20.21.0062 (109 N. William) to levied assessments. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None UNFINISHED BUSINESS Discussion on Sian Ordinance Planner Fitzgerald stated that at the August 19 meeting Council directed staff to explore possible options to change the sign ordinance that pertains specifically to garage sale signs. Those options were: organization of city-wide garage sales through a non-profit organization; garage sale signs of a certain size could be placed in off-site yards with owner's permission (not in public right-of-ways); garage sales could be advertised on a central bulletin board provided by the City; or the issuance of permits with a nominal charge. Mayor Kimble stated that garage signs are not the only issue; it is sale and real estate signs, open house, slow down, birthday signs, etc. Councilmember Kriesel stated that he receives complaints of signs on the right of way and signs not removed after a sale. He stated that he liked the idea of a citywide garage sale twice a year, but would not like to outlaw other garage sales during other times of the year. Council member Rheinberger felt that the sign ordinance was fine the way it is, however the City should be more flexible in the enforcement. Councilmember Milbrandt expressed concern lumping the residential and commercial signs together. He stated that the permit option is not the way to go because he felt the realtors do a good job removing their signs. Mayor Kimble suggested that we have more input from the Chamber, local realtors, businesses, people who are involved in garage sale and others who are not. He stated 4 City Council Meeting No. 03-20 September 16, 2003 that the garage sale signs isn't the only issue, there are banner requirements that need to be reviewed as well. Council directed staff to get input from Chamber, local realtors, and businesses, people who are involved in garage sale and others who are not in favor of garage sales and provide Council with more information at a future meeting. Discussion on Sidewalk Use Licenses Planner Fitzgerald stated that staff has reviewed sidewalk widths in the downtown area and the amount of pedestrian traffic in the summer and that it is staff's recommendation that Council not issue sidewalk use licenses for city right of ways. Council member Rheinberger felt that the tables and chairs provided a European look, which adds a positive flavor and should be reviewed on a case-by-case basis. Councilmember Kriesel agreed with Council member Rheinberger's comment on the European look, however the City's sidewalks downtown are not wide enough to accommodate the pedestrians with the table and chairs. He also stated that he would like to address all private uses of City sidewalks including alcohol service, such as PD Pappy's because it is located on leased City property. City Attorney Magnuson stated that PD Pappy's has a license to use the patio, but would check on the alcohol service. Motion by Council member Milbrandt, seconded by Council member Junker to discontinue public sidewalk seating at the end of the 2003 season and directed staff to contact the two business owners who currently have outside seating on public sidewalks. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Mayor Kimble recessed the meeting at 8:15p.m. Mayor Kimble reconvened the meeting at 8:25 p.m. Approval of resolution approvina the waiver of certain deferred assessments City Administrator Hansen reviewed the proposed resolution removing certain deferred assessments. He stated that when these deferments were placed, certain properties were assumed that future development could take place, however properties are now built upon and further subdivisions would not be allowed. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-199, canceling certain deferred assessments. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None 5 City Council Meeting No. 03-20 September 16, 2003 Appointment of member to Plannina Commission Mayor Kimble reviewed the City Clerk's memo and applications for the Planning Commission. Council member Rheinberger stated that Ms. Betsy Glennon would be a good choice because she would provide female insight and that her qualifications would make her an excellent addition to the Planning Commission. Council member Milbrandt stated that Mr. Mike Dahlquist should be considered because of his experience on various boards and commissions when he was a resident in Oak Park Heights. Mayor Kimble stated that Mr. Kirk Roetman has served on the Planning Commission on the past and would also be an excellent candidate. Councilmember Kriesel stated that he would like to see more Ward balance on the commission. Councilmember Rheinberger felt that Ward balance should not be an issue and reaffirmed his preference of Ms. Glennon. Council consensus was that all applicants were excellent and qualified applicants. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2003-200, appointing Mike Dahlquist (Ward 4) to the Planning Commission, to fill unexpired term of Russell Hultman, which will end on January 1, 2005. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Councilmember Rheinberger Second readinQ of Electric and Gas Franchise Ordinances City Attorney Magnuson reviewed the proposed electric and gas franchise ordinances. He stated that he and City Administrator Hansen have been meeting with Xcel Energy for the last six weeks and that Section 3.3 of each ordinance is an item that Xcel Energy does not agree with. He explained the difference between normal repair and replacement and degredation fees. Public Works Director Eckles stated that the purpose of the section is to initiate cooperation between the City and the utility to coordinate projects so that new streets are not torn up by the utility after the City has reconstructed a street. Mr. John Wertish, Xcel Energy asked that Council table the ordinances until the next meeting because he was sure that Xcel and the City could come to a resolution on the issue. Motion by Councilmember Kriesel, seconded by Council member Junker to table the ordinances until the October 7, 2003 meeting. All in favor. 6 City Council Meeting No. 03-20 September 16, 2003 NEW BUSINESS Request from Contractors Property Development Company for liquor license extension. Mayor Kimble reviewed the request from Contractors Property Development Company for a liquor extension. He stated that the granting of the liquor license was done prior to the new law allowing unlimited liquor licenses for restaurants and that this request was not needed. Councilmember Milbrandt stated that Council granted the liquor license with the condition that Council retain the right of approval of the restaurant that would be placed in the Liberty Village and wanted to retain that approval. Motion by Councilmember Milbrandt, seconded by Councilmember Junker approving the extension and retaining the right of approval of the restaurant that would be placed in the Liberty Village. All in favor. Final Plat approval for Settlers Glen 4th Addition. U.S. Home Corporation SUB-F/03-83 Community Development Director Russell reviewed the final plat request for Settlers Glenn 4th Addition. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2003-201, approving final plat for Settlers Glen 4th Addition, U.S. Home Corporation (Case No. SUB-F/03-83). All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Approval of resolution adoptino ISO ratinQ Fire Chief Kallestad reviewed the I.S.0. evaluation. He stated I.S.0. has completed an evaluation and determined a fire insurance classification for the City of Stillwater and the remainder of the Stillwater Fire Department response district. The new insurance classification ratings are FOUR (4) in the City of Stillwater, SIX (6) outside the City of Stillwater up to five road miles from the Stillwater Fire Station, and TEN (10) beyond five road miles from the Stillwater Fire Station. The new rural classification of 6 is scheduled to become effective January 1,2004. The new city classification of 4 is scheduled to become effective April 1, 2004. He also stated that the change of rating from 3 to 4 is because of the development of the west and they are further from the fire station. Chief Kallestad provided information from Carol Greethurst (Ron Schoenborn Insurance Agency) who researched and provided information related to the impacts of the changes in I.S.0. ratings with Farmers Insurance, but other insurance companies may vary. He stated that this research shows that residential rates are identical for I.S.0. classes 3, 4, and 5. Residential rates within the City of Stillwater will not be affected going from a class 3 to a 4. Residential rates outside the city limits, up to five road miles from the fire station, will improve by approximately 10% (lower premiums) going 7 City Council Meeting No. 03-20 September 16, 2003 from a class 9 to a class 6. He stated that commercial rates are identical for classes 1 through 4, increase 3% for a class 5 or 6, and increase 7% for a class 7 or 8. Therefore, commercial rates in the City of Stillwater will not be affected going from a class 3 to a 4, (with Farmers Ins. anyway), while rural rates will improve by at least 7% going from a class 9 to a class 6. Motion by Council member Kriesel, seconded by Councilmember Junker to adopt Resolution 2003-202, accepting new I.S.0. rating and directing the City Administrator to send a confirmation letter accepting the rating. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Approval of issuance of new Off-sale 3.2% Malt liquor and Tobacco licenses to Kwik Trip Inc. Mayor Kimble reviewed the memo from the City Clerk on the issuance of new Off-sale 3.2% Malt Liquor and Tobacco licenses to Kwik Trip Inc. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2003-203, approving new off-sale 3.2% malt liquor license and tobacco license for Kwik Trip, Inc. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Approval of plans and specifications for Phase I of North Hill Proiect Public Works Director Eckles requested approval of the plans and specifications and authorization to advertise for bids for Phase I of the North Hill Project. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2003-204, resolution approving plans and specifications and authorization to advertise for bids for North Hill Project. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Review of proposed assessment roll for 2003 Street Improvement Proiect Council received the proposed assessment roll for the 2003 Street Improvement Project, and the public hearing will be held on Tuesday, October 7, 2003 at 7: 15 or as soon as possible thereafter. Approval for traffic study for Lakeview Hospital parkina expansion Community Development Director Russell stated that Lakeview Hospital is preparing plans to construct a parking structure due to the loss of parking at the junior high school and that the structure would result in the redistribution of traffic in the area around the junior high and hospital. He recommended that a study be prepared by SEH to 8 City Council Meeting No. 03-20 September 16, 2003 evaluate the traffic impacts on adjacent streets and residential areas. He also stated that Lakeview Hospital would be reimbursing the City for the cost of the study. Motion by Council member Kriesel, seconded by Council member Rheinberger to adopt Resolution 2003-205, approving agreement with SEH for preparation of Parking Structure Impact Study. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Approval of Lofts of Stillwater Development AQreement City Attorney Magnuson reviewed the proposed development agreement with the Lofts of Stillwater. Mr. Mark Saliterman provided an update on the Lofts of Stillwater project. Mr. Jack Buxell, architect for the developer presented renderings, photos and 3-D imagery on the project. Motion by Councilmember Kriesel, seconded by Council member Rheinberger to adopt Resolution 2003-206, approving development agreement with Lofts of Stillwater, Inc. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None STAFF REPORTS (continued) Community Development Director Russell requested that Council approve a final plat and development agreement for Kevin and Roxanne Shoeberg, conditioned upon review and approval of the Community Development Director and City Attorney Magnuson. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-207, approving final plat located at 12730 62"d Street North (Kevin and Roxanne Shoeberg, applicants. Case No. SUB/03-61) with conditions and Resolution 2003- 208 approving the development agreement between the City and Kevin and Roxanne Shoeberg, Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Kriesel, seconded by Council member Rheinberger to adjourn the meeting at 9:35 p.m. All in favor. 9 City Council Meeting No. 03-20 September 16, 2003 ATTEST: M~~ dkJaAcL Diane F. Ward, City Clerk i" Resolution 2003-193, directing payment of bills Resolution 2003-194, establishing monthly rate schedule for the collection of solid waste and recycling for the months October, November, and December 2003. Resolution 2003-195, approving Certificate of Correction to Neal Meadows 3rd Addition and Settlers Glen plats Resolution 2003-196, reapportioning special assessments for parcel no. for parcel no. 29.030.20.44.0057,29.030.20.44.0058 and 29.030.20.44.0061 pursuant to subdivision of land (1502 & 1508 W. Olive Street) Resolution 2003-197, Approval of gambling permit for off-site gambling - St. Paul Festival & Heritage Foundation - Oak Glen County Club - October 6, 2003 Resolution 2003-198, changing Senior Deferred assessments for LI 297, William Street (adopted 1994) and LI 284, Myrtle Ravine Drainage (adopted 1994) for Parcel 28.030.20.21.0062 (109 N. William) to levied assessments Resolution 2003-199, canceling certain deferred assessments Resolution 2003-200, appointing Mike Dahlquist (Ward 4) to the Planning Commission Resolution 2003-201, approving final plat for Settlers Glen 4th Addition, U.S. Home Corporation (Case No. SUB-F/03-83). Resolution 2003-202, accepting new I.S.0. rating and directing the City Administrator to send a confirmation letter accepting the rating Resolution 2003-203, approving new off-sale 3.2% malt liquor license and tobacco license for Kwik Trip, Inc. Resolution 2003-204, resolution approving plans and specifications and authorization to advertise for bids for North Hill Project Resolution 2003-205, approving agreement with SEH for preparation of Parking Structure Impact Study. Resolution 2003-206, approving development agreement with Lofts of Stillwater, Inc. Resolution 2003-207, approving final plat Located at 12730 62nd Street North (Kevin and Roxanne Shoeberg, applicants. Case No. SUB/03-61) Resolution 2003-208 approving development agreement between the City and Kevin and Roxanne Shoeberg 10