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HomeMy WebLinkAbout2003-11-18 CC MIN CITY OF STillWATER CITY COUNCil MEETING NO. 03-25 NOVEMBER 18, 2003 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:10 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Councilmember Rheinberger Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles Fire Chief Kallestad Director of Administration Knauss Community Development Director Russell City Attorney Magnuson City Clerk Ward APPROVAL OF MINUTES Motion by Council member Milbrandt, seconded by Councilmember Kriesel to approve the October 28, 2003 regular and recessed minutes and November 5, 2003 special meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Certificate of Appreciation to Andrew Edman. Seth Novotnv. and Nick Zoller Community Development Director Russell explained the projects that Andrew Edman, Seth Novotny, and Nick Zoller implemented in the City. Mayor Kimble presented Certificates of Appreciation to Andrew Edman, Seth Novotny, and Nick Zoller. Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt Resolution 2003-240A, certificate of appreciation to Andrew Edman, and Resolution 2003- 240B, certificate of appreciation to Seth Novotny, and Resolution 2003-240C, certificate of appreciation to Nick Zoller. All in favor Ayes: Nays: Absent: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble None Council member Rheinberger City Council Meeting - 03-25 November 18, 2003 Request for ''The Chestnut Stroll" on December 13 - Bob Joroensen Mr. Bob Jorgensen reviewed the proposed event "The Chestnut Stroll" which would take place on December 13, 2003 from 10:00 a.m. to 10:00 p.m. He requested that they be allowed to use street vendors such as a vendor to sell roasted chestnuts and use sandwich boards. Motion by Councilmember Kriesel, seconded by Council member Junker approving Mr. Jorgensen's request. All in favor. Proclamation: Stillwater Familv Week - November 23-29. 2003 Motion by Council member Junker, seconded by Council member Milbrandt proclaiming Stillwater Family Week from November 23-29,2003. All in favor. OPEN FORUM Mr. Brad Castle requested that he be allowed to save the foundation of his "garden shed". He stated that the wooden structure would be taken down and then a roof placed over the foundation. Council expressed concern on the progress of the work on the property and the appearance of the property. Mr. Robert Hagstrom stated that he would be assisting Mr. Castle in the project. Mr. Ben Dickhausen, owner of Central Hub offered his services to Mr. Castle. Motion by Councilmember Kriesel, seconded by Council member Milbrandt approving the retention of the foundation providing that personal belongings on the property are removed and that the property is cleaned up within two weeks. All in favor. Mr. Richard Cummings, Sunrise Rotary, stated that on the consent agenda is a request for a temporary liquor license and permission to use the City Hall parking lot for a fundraiser to be held on New Year's Eve from 8:00 p.m. to 12:30 p.m. at the Stillwater Library. He stated that the event coincides with the 100th anniversary of the rotary and the Stillwater Library. STAFF REPORTS Fire Chief Kallestad informed the Council that the City has been awarded the Fire Act Grant and that the 10 percent match is listed on the Consent Agenda. City Clerk Ward informed the Council that Mr. Chuck Donnelly would resign his position on the Charter Commission at the end of December because he is moving to Oak Park Heights. She stated that staff will advertise the vacancy and that if anyone is interested they should contact City Hall. Page 2 of 10 City Council Meeting - 03-25 November 18, 2003 Community Development Director Russell provided an update on the Boutwell Area Traffic Study. He stated that the Planning Commission held a public hearing but did not provide a recommendation at this time. He stated that the Planning Commission will be holding two workshops on this item and will make a recommendation to Council in January. City Administrator Hansen reminded the public and Council that the Truth in Taxation hearing will be held on December 2, 2003 at the 7:00 meeting. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Council member Kriesel to approve the Consent Agenda. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: None Absent: Council member Rheinberger Resolution 2003-235, directing payment of bills Resolution 2003-236, approving Minnesota premises permit for gambling for Climb, Inc. at the Harbor Bar, 517 N. Owens, Stillwater, MN Approval of Temporary Beer and Wine Liquor License and approval of use of City Hall Parking Lot for fundraiser held at Stillwater Public Library - New Years Eve 2003- Sunrise Rotary Club Resolution 2003-237, approval of Dental Insurance Carrier and Rates for 2004 (available Monday) Approval of banner request - Yule Fest - Trinity Lutheran Church - November 10-23, 2003 Approval 2003 Capital Outlay Expenditure for match of Fire Act Grant - Fire Department Approval to purchase HP Laserjet printer - Finance Department Approval of application for senior deferment of special assessments Resolution 2003-238, accepting work and ordering final payment for 2002 Street Improvement Project (Project 2002-03) Approval of donation of old hockey rink to City of Tounton, Minnesota Resolution 2003-239, Approval of reciprocal fire service agreement with Capitol City Mutual Aid Association Approval of expenditures from 2003 capital budget - Library PUBLIC HEARINGS Case No. SUPNI03-83.This is the day and time for the public hearinQ to consider an appeal of the PlanninQ Commission's decision on a request from The Architectural Network. Inc.. Michael Hoefler. for a special use permit for a 112 unit condominium development with main level retail and underoround parkinQ and a variance to the heiQht reaulations (4 stories and 50 Page 3 of 10 City Council Meeting - 03-25 November 18, 2003 feet allowed. 6 stories and 67 feet requested) and a variance to the Flood Plain Reaulations located between North Main Street and North 2nd Street north of Mulberry Street (south of Staples Mill) in the FP. Flood Plain and CBD. Central Business District. Community Development Director Russell explained the request. The project is located in the Downtown Central Business District as well as the Flood Plain District. The applicant intends to flood proof or elevate the structure, which requires a conditional use permit. The other part of the application is a special use permit for a mixed use for the residential part of the project. A variance was required for the original request for a six- story structure, which was denied by the Planning Commission. The current application was revised and reduced the height to four stories (50 feet). Robert Gag, Chairman of the Planning Commission addressed Council on the Planning Commission's denial of the project. Howard Lieberman, Chairman of the HPC, stated that the HPC's only concern was that the plan fall within the design guidelines, which allow a four-story structure. He asked that a revised plan come back before the HPC for design approval, and a demolition permits which are required for any buildings over 50 years of age. Mayor Kimble opened the public hearing. The developer thanked Council for the opportunity to present the project. The architect, Michael Hoefler, addressed Council on the project. He stated the project adheres to the Comprehensive Plan guidelines. He addressed the issues of height, traffic, displacement of existing businesses, historical context, and residential development phasing. Mayor Kimble recessed the meeting for five minutes and called the meeting back to order and opened the hearing to comments from the public. Norman Steer, 17060 116th St. N., stated he was glad to see that the old building on the corner will be saved and asked that the building on the other corner also be saved. He showed pictures of the interior of the building and its timber frame construction. He stated that the pattern on the top of the building matches exactly the pattern on the Commander Elevator building on the south end of town. Katherine Newman, 1111 N. 2nd St., addressed Council on behalf of her sister Caroline Fraser who lives at 512 N. Main St. Her driveway is off of north 2nd Street and is concerned that the development will affect the access to her property. Martin Hansen, 402 N. 2nd St., indicated on a map where the previous speaker's driveway is located. He also urged Council to enforce the flood plain regulations. He was also concerned about any mechanical equipment noise and traffic. Page 4 of 10 City Council Meeting - 03-25 November 18, 2003 Pete Sampair, owner of the Sammie's Building on the corner, stated his concern about the construction period and the disruption of his business. He asked that Council make a decision soon in order for them to make a decision regarding their business. Melanie Ebertz, 368 N. Main St., owns a business in one of the buildings, which will be demolished. She stated that thousands of visitors to her business have commented on the charm and character of the old building. She feels this project will change the character of the downtown. She asked that Council slow down and give this project more thought. Craig Tupee, owns a real estate office in Stillwater and lives at Sunnyside in the summer. He stated that he has taken 54 reservations for this project. These prospective residents are very excited about living in the downtown. Marjie Olafin, 300 E. Willow St., asked how reservations could be taken on a project that has not been approved. She feels the Planning Commission and City of Stillwater have sent a strong message. Pat Ebertz, 108 S. Third St., feels the project is moving too rapidly. She asked that the Council slow down the process because there is so much opposition. Ben Dickhausen, owner of the Central Hub Bike Shop, stated he has mixed feelings about the project. He is in the predicament of not wanting to order inventory for 2004 and has been closed for the past few weeks. The history of the building is debatable. Gail Roettger, lives downtown, and does not believe there will be no impact on traffic. She is against the project. Karl Ranum, citizen of Stillwater and also a member of the Planning Commission, stated he is opposed to the project and feels that most, if not all, of the Planning Commission is opposed. He does not believe the design reflects the historic character of Stillwater. He is also concerned about the traffic impact. He is also concerned about the timing of the residential developments and large influx of new residents downtown. He feels that a different project is being presented to Council tonight than was presented to the Planning Commission and therefore it defeats the appeal process. He asked Council to deny the special use permit. Carl Correy, owner of Gallery Print, stated that the Council should listen to the people in attendance. When he negotiated his lease in April/May of this year and was allowed to make improvements to his space, he was told there were no plans to sell the building. Erik Brand, 119 Cherry St., feels the Council would be in favor of this project because of the amount of property tax dollars it will bring into the City. He does not believe this project belongs in Stillwater. Page 5 of 10 City Council Meeting - 03-25 November 18, 2003 Dick Kedrowski, 9340 Mendel Road, Stillwater Township, co-owner of the property, informed Council of the amount of money he has spent trying to maintain the buildings. Renting the property has not produced enough income to maintain the property, so he began to look for alternatives. He stated that the tenants knew he was interested in selling the property. Because of that, he gave cheap rent and short-term leases to the tenants. All leases had a 60-day notice clause. Rich Cummings, 1060 Amundson Drive, and former Councilmember, stated that this process reminds him of the annexation process the Council went through six years ago and the emotion involved when growth happens and is unavoidable. The right decision is to go by the law and the best use of the property. It fits the Comprehensive Plan and would be for the good of the City. Mark Desch, owner of 333 N. Main St., is not excited about the architecture, but the property owner has a right to market his property, and he would support the project. Howard Lieberman, 914 S. Greeley St., Chair of the HPC, asked if it was possible to not make a decision tonight. The new project would have to come before the HPC and demolition permits would have to be obtained. That would allow more public input before a final decision is made. Dick Kedrowski stated that he has waited seven years to find a developer to work with and asked Council to make a decision tonight. Patrick Pudlik, 423 No. 3rd St., agreed with Mr. Lieberman and asked for more time and more thoughtful consideration. Mayor Kimble closed the public hearing. City Attorney Magnuson explained the constitutional protections for landowners. If a use is permitted by special use permit in the City's zoning ordinance, there is a presumption of validity and the burden is on the City Council to prove legally sufficient reasons for denial. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to approve the request from The Architectural Network, Inc., Michael Hoefler, for a special use permit for a 98 unit condominium development with main level retail and underground parking and a variance to the Flood Plain Regulations located between North Main Street and North 2nd Street north of Mulberry Street (south of Staples Mill), subject to the conditions as recommended and with the following additional conditions: HPC design review and approval; HPC approval of demolition permits; Parks Board review of park dedication land; and no demolition until financing is secured and just before construction. Ayes: Nays: Absent: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble None Councilmember Rheinberger Page 6 of 10 City Council Meeting - 03-25 November 18, 2003 UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible first readina of ordinance amendina Stillwater City Code. Section 23-1. Subdivision 9 entitled Recreation fire site. reauirements. Mayor Kimble reviewed the memo prepared by Chief Kallestad regarding recreational fire sites. He stated that the revision to the ordinance is to make it the same as the Fire Code. Motion by Councilmember Milbrandt, seconded by Council member Kriesel approving the first reading of an ordinance amending Stillwater City Code, Section 23-1, Subdivision 9 entitled Recreation fire site, requirements. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: None Absent: Council member Rheinberger Possible approval of liauor license transfer from J & C Enterprises of Stillwater LLC. DBA: St. Croix Saloon to DJ Companies of Stillwater DBA: Rubv Beaonia Mayor Kimble reviewed the memo prepared by City Clerk Ward regarding a liquor license transfer from J & C Enterprises to DJ Companies of Stillwater, DBA Ruby Begonia. He stated that approval should be conditioned upon approval from Police, Fire, Building Inspection, Finance and Minnesota Liquor Control. All in favor. Motion by Councilmember Kriesel, seconded by Councilmember Milbrandt to adopt Resolution 2003-242, approving transfer of on-sale and Sunday liquor license from J & C Enterprises of Stillwater, LLC, DBA: St. Croix Saloon to DJ Companies of Stillwater, DBA: Ruby Begonia's. All in favor Ayes: Nays: Absent: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble None Council member Rheinberger Possible approval of liauor license transfer from J.L.H. Inc. DBA: John's Bar to DNR Properties. LLC. DBA: John's Bar Page 7 of 10 City Council Meeting - 03-25 November 18,2003 Mayor Kimble reviewed the memo prepared by City Clerk Ward regarding a liquor license transfer from J.L.H. Inc. to DNR Properties, LLC, DBA: John's Bar. He stated that approval should be conditioned upon approval from Police, Fire, Building Inspection, Finance and Minnesota Liquor Control. All in favor. Motion by Council member Junker, seconded by Councilmember Milbrandt to adopt Resolution 2003-243, approving transfer of on-sale, Sunday and off-sale liquor license from J.L.H. Inc., DBA John's Bar to D.N.R. Properties, LLC, DBA: John's Bar and approving new tobacco license for John's Bar subject to conditions. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: None Absent: Councilmember Rheinberger Possible approval of liquor license name chanQe from Buena Sera Restaurant to The Grotto Mayor Kimble reviewed the memo prepared by City Clerk Ward regarding a name change from Buena Sera Restaurant to The Grotto. He stated that approval should be conditioned upon approval from Minnesota Liquor Control. All in favor. Motion by Councilmember Kriesel, seconded by Councilmember Junker to adopt Resolution 2003-244, approval of name change from Terrintella's Corporation, DBA: Buena Sera Restaurant to Terrintella's Corporation, DBA: The Grotto. All in favor. Ayes: Nays: Absent: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble None Council member Rheinberger Possible approval of resolution approvina renewals of On-sale. Off-sale. Club. Wine. Sunday On-sale. On-sale 3.2%. off-sale 3.2% liquor licenses and tobacco licenses for 2004 Mayor Kimble stated that the resolution is for the approval of renewals for tobacco and liquor licenses within the City for 2004. Motion by Councilmember Junker, seconded by Council member Milbrandt to adopt Resolution 2003-245, approving renewals of on-sale, off-sale, club, wine, Sunday on-sale, on- sale 3.2%, off-sale 3.2% liquor renewals and tobacco licenses for 2004. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: None Absent: Council member Rheinberger Possible approval of Short. Elliott Hendrickson (SEH) Supplemental Letter Agreement for enaineerina services for the Alianment Study (Phase 1) of the Staae 3 Flood Control Proiect Page 8 of 10 City Council Meeting - 03-25 November 18, 2003 City Administrator Hansen reviewed the proposed professional services agreement and supplemental letter agreement for engineering services relating to the levee wall project. He recommended that the agreement be approved provided that there is a limit of personnel who would attend meetings and that the release of funds is done by the Army Corps. Motion by Council member Milbrandt, seconded by Councilmember Kriesel adopting Resolution 2003-246, approving professional services agreement and supplemental letter agreement with Short, Elliott and Hendrickson with suggested conditions. All in favor. Ayes: Nays: Absent: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble None Councilmember Rheinberger COUNCIL REQUEST ITEMS Council member Milbrandt stated that he attended the Boutwell Area Traffic Study hearing and that there were mainly two items of concern; the traffic of City vehicles to and from the Public Works facility and speed. He requested that department heads inform personnel to use County Road 15 and Myrtle when driving City vehicles. He also requested that cost information be brought to the December 2nd workshop regarding a traffic study to see if the Commissioner of Transportation would lower the speed on Boutwell. ADJOURNMENT Motion by Council member Junker, seconded by Council member Kriesel to adjourn the meeting at 10:40 p.m. All in favor. ## ATTEST: 4~/ ~ d)tUcL- Diane F. Ward, City Clerk Resolution 2003-235, directing payment of bills Resolution 2003-236, approving Minnesota premises permit for gambling for Climb, Inc. at the Harbor Bar, 517 N. Owens, Stillwater, MN Page 9 of 10 City Council Meeting - 03-25 November 18, 2003 Resolution 2003-237, approval of Dental Insurance Carrier and Rates for 2004 (available Monday) Resolution 2003-238, accepting work and ordering final payment for 2002 Street Improvement Project (Project 2002-03) Resolution 2003-239, Approval of reciprocal fire service agreement with Capitol City Mutual Aid Association Resolution 2003-240A, certificate of appreciation to Andrew Edman Resolution 2003-2408, certificate of appreciation to Seth Novotny Resolution 2003-240C, certificate of appreciation to Nick Zoller Resolution 2003-241, Resolution 2003-242, approving transfer of on-sale and Sunday liquor license from J & C Enterprises of Stillwater, LLC, DBA: St. Croix Saloon to DJ Companies of Stillwater, DBA: Ruby Begonia's Resolution 2003-243, approving transfer of on-sale, Sunday and off-sale liquor license from J.L.H. Inc., DBA John's Bar to D.N.R. Properties, LLC, DBA: John's Bar and approving new tobacco license for John's Bar Resolution 2003-244, approval of name change from Terrintella's Corporation, DBA: Buena Sera Restaurant to Terrintella's Corporation, DBA: The Grotto. Resolution 2003-245, approving renewals of on-sale, off-sale, club, wine, Sunday on- sale, on-sale 3.2%, off-sale 3.2% liquor renewals and tobacco licenses for 2004 Resolution 2003-246, approving professional services agreement and supplemental letter agreement with Short, Elliott and Hendrickson Page 10 of 10