HomeMy WebLinkAbout2003-12-02 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 03-26
December 2, 2003
REGULAR MEETING
4:30 P.M.
Mayor Kimble called the meeting to order at 4:30 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present:
City Administrator Hansen
Director of Administration Knauss
Police Chief Dauffenbach
Public Works Director Eckles
Fire Chief Kallestad
Community Development Director Russell
City Clerk Ward
OTHER BUSINESS
Possible approval of banner request - Grand GaraQe - Ron Vantine
Mr. Ron Vantine, Grand Garage, requested permission to hang a banner across the
front of the Grand Garage to acknowledge the appearance of Santa for the holidays.
He stated that the banner would be 2' X 10' and would be taken down on December 24,
2003.
Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the
banner request by Mr. Vantine. All in favor.
Dawn Flinn - Preservina Communitv Character Workshop
Ms. Dawn Flinn stated that she is trying to put together a 5-7 member team
representing the area from Stillwater to Hudson to attend a workshop February 10-13,
2004 at UW-River Falls. It is entitled Preserving Community Character - Integrating
Nature, Commerce, and Development in the St. Croix River Valley. This workshop is
being developed by a Group of national, regional, and local partners and funded by the
National Park Service. The goal is to develop practical tools and leadership techniques
that will bring measurable progress to river communities in ways consistent with the
shared vision for the valley. She requested that one Councilmember and a member of .
city staff be a part of this team.
Mayor Kimble stated that the City should be involved to share Stillwater's vision as well
as develop a vision for the St. Croix Valley. He stated that Stillwater has a great
amount of information to share.
City Council Meeting - 03-26
December 2, 2003
Council member Rheinberger stated that he is not in favor of participating because there
are agencies such as the County that would have the expertise in development rather
than a group. He didn't see the sufficient utility/government base for this organization.
He did not feel there was sufficient benefit.
Mayor Kimble explained that if the City does not participate then the City cannot provide
input into issues or decisions that may affect Stillwater.
Council member Kriesel stated that he would be interested in attending. He stated that
communication is the key.
Council member Milbrandt agreed that the City should participate.
Motion by Council member Milbrandt, seconded by Council member Junker for Councilmember
Kriesel to attend along with a City staff member, if time allows.
Ayes: Councilmember Kriesel, Milbrandt, Junker and Mayor Kimble
Nays: Council member Rheinberger
Request for reconsideration of outside seatinQ - Savories
Community Development Director Russell stated that Council requested staff to review
the outside seating situation as it related to use of sidewalks for restaurant seating. He
stated that the use of sidewalks for certain Downtown commercial activities including
cafes could add color and activity, however this could only occur if there is adequate
space for pedestrian access. He stated that the downtown sidewalks are narrow and
the City's minimum standard for commercial sidewalk is 8 feet and that much of the
downtown sidewalks are 7-9 feet. He referred to a planning report Designing Effective
Pedestrian Improvements in Business District, which defines a minimum sidewalk with
in a commercial district at 11.5 to 12.5 feet. He recommended that based on the
sidewalk widths of downtown that the public sidewalk be maintained for pubic facilities,
pedestrian circulation and amenities and not for sidewalk seating or other private use.
Ms. Kristen Klemestrud stated that the sidewalk seating is an important part to the
success of their business being on the north end of town. She also provided
information of other businesses utilizing public space where public access to the
walkway is far less than that in front of her place of business, however she also stated
that this information is to make sure that all businesses are treated the same if use of
public sidewalks is prohibited. She requested that use be consistent and consider use
on a case-by-case basis. She stated that she would not push this issue if she thought it
would be a public safety issue. She stated that she never received the municipal
license in 1998; she thought it was a verbal understanding.
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City Council Meeting - 03-26
December 2, 2003
Council member Kriesel stated that the real issue is what is proper use of public
sidewalks. He stated that he does not have a problem with use on a case by case
basis, but how do you determine whether something is important for one business and
is not important for another business.
Council member Milbrandt stated that the tables and chairs are not the only issue, but
other uses of the public sidewalk, it is the public's asset not the private businesses', he
also mentioned there is concern with alcohol being served and the newspaper boxes.
He felt the City should have a consistent policy on the use of public sidewalks.
Council member Junker agreed with Councilmember Milbrandt and that there should be
consistency.
Council member Rheinberger stated he is not in favor of a hard and fast policy on the
use of public sidewalks, he felt that requests should be addressed on a case-by-case
basis. He stated that the downtown seating adds charm, color and interest to the
downtown and is in favor of the outdoor seating.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to reaffirm the
September 16, 2003 Council decision not to allow outdoor seating on public sidewalks.
Ayes: Councilmember Kriesel, Milbrandt, Junker and Mayor Kimble
Nays: Council member Rheinberger
Motion by Councilmember Milbrandt, seconded by Council member Rheinberger directing staff
to prepare guidelines within 120 days for use of public sidewalks coupled with the newspaper
boxes, as it would relate to a Special Use Permit process. All in favor.
Discussion on possible traffic study for speed reduction on Boutwell Road
Public Works Director Eckles provided an update on the Boutwell Traffic Study and the
issue of speed on Boutwell Road.
Council member Junker stated that there is confusion on who has jurisdiction on the
lowering or raising of speed limits and asked who has the authority to change the speed
limit on City roads.
Mr. Eckles stated that the State is the only agency that can change speed limits. In
order for a speed limit to be changed, the City would have to request a traffic study from
the State. He cautioned the Council that sometimes a traffic study has caused speed
limits to be raised rather than lowered, but he did not feel that a traffic study on Boutwell
Road would cause the State to raise the speed limit.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt adopting
Resolution 2003-251, resolution requesting Mn/DOT traffic study of Boutwell Road. All in
favor.
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December 2, 2003
STAFF REPORTS
Community Development Director Russell reminded Council of the Downtown Planning
Update at the Lumber Baron at 5:00 p.m. on Wednesday, December 3.
Public Works Director Eckles provided a report on the snow plowing for the City's first
snowfall.
Public Works Director Eckles stated that a nomination form for the Stillwater Trout
Stream Mitigation Project has been submitted for the CEAM Municipal Project of the
Year Ward for 2003.
City Administrator Hansen asked that the Council review his memo on unfinished
budget decisions and provide him with direction at the December 16, 2003 meeting.
Mayor Kimble stated that he has received information on the appropriation for the levee
wall and that the appropriation may be released shortly.
Mayor Kimble recessed the meeting at 6: 15 p.m.
RECESSED MEETING
7:00 P.M.
Mayor Kimble called 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
Director of Administration Knauss
Police Chief Dauffenbach
Public Works Director Eckles
Fire Chief Kallestad
Community Development Director Russell
City Clerk Ward
APPROVAL OF MINUTES
Motion by Councilmember Kriesel, seconded by Councilmember Junker to approve the
November 18, 2003 regular meeting minutes. All in favor.
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December 2, 2003
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Certificate of Appreciation - Chuck Donnelly
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt adopting
Resolution 2003-252, certificate of appreciation - Chuck Donnelly for his service on the
Charter Commission. All in favor
Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Update on Lofts flood plain and proiect development - Jack Buxell
Mayor Kimble stated that Mr. Buxell requested to be moved on the agenda because he
had another meeting to attend tonight.
Mr. Jack Buxell provided an update on the Lofts of Stillwater and the FEMA process.
He stated that he is providing the update so that the Council and public are informed
that the project has not been abandoned and they are moving forward through the
FEMA process and hope to start construction yet this winter.
CONSENT AGENDA
Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the
Consent Agenda. All in favor.
Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Resolution 2003-247, directing payment of bills
Resolution 2003-248, approval of agreement with Johnson Controls
Resolution 2003-249, approval of radio contract with Johnson Radio Communications
Company
Approval to purchase upgrade to Phone and Voice Mail System
Approval to purchase Backup Hardware/Software
Approval of renewal of License and Category Lists for E-mail/lnternet Monitoring Software
Resolution 2003-250, Approval of final payment to Our Saviors Lutheran Church
PUBLIC HEARINGS
This is the date and time for a public hearina to consider an appeal of the Plannina
Commission's decision on a request from Lakeview Memorial Hospital Association. Inc..
represented by Walker Parkina Consultants. for a special use permit for the construction of a
two-level parkinq structure accommodatinq 237 parkinq spaces located between Everett Street
and Greeley Street in the RA. Sinqle Family Residential District. Case No. SUP/03-ee. Notice
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City Council Meeting - 03-26
December 2, 2003
was published in the Stillwater Gazette and mailed to affected property owners on November
21,2003
Community Development Director Russell explained the request for a 237 -space
parking facility. The proposal was presented to the Planning Commission on October
13 and was denied. The developers have since revised the proposal to address some
of the concerns of the neighborhood. The structure has been moved back to 60 feet
from Everett Street, rather than the original 37 feet and there would be only one access
to the structure from Everett Street.
Glen Van Wormer, consulting traffic engineer from SEH, presented a study of the
impact on future traffic should the proposal go through.
Dave Middleton, representative of the Planning Commission, explained the
Commission's decision to deny the request. The major concern was the impact on the
neighborhood.
Mayor Kimble opened the hearing to comments from the public.
Terry Hakala, representing Walker Parking Consultants, explained that his firm was
retained in May of 2003 by Lakeview Hospital to study the parking situation. He
explained how this proposal was arrived at as the best solution to the problem. He
showed the design modifications and stated he believes the new design will address the
concerns of the neighborhood.
Jeff Robertson, administrator of Lakeview Hospital, explained that the hospital is looking
for a long-term solution to the parking problem.
Mary Soderholm, 1128 S. Everett, stated that she has gone from being very angry to
very sad about the proposed structure. She feels their quality of life will be forever
changed. She spends a lot of time in her yard. Once the ramp is built the noise
pollution will be horrendous, the car exhaust will diminish the air quality, and they will
see headlights and taillights as cars enter and exit. She is also concerned about the
walking path.
Rich Soderholm, 1128 S. Everett, stated that this proposal should not be given a
Special Use Permit because it is objectionable to the neighborhood, undesirable,
offensive, disagreeable and does not fit the nature of the neighborhood. He stated that
the height is nine feet above the limit allowed by the zoning ordinance. He hopes the
City Council will follow the advice of the Planning Commission.
Tom Sherber, 1121 S. Everett, stated that the hospital is a wonderful asset to the
community, but requested that the Council deny the proposal. There are a number of
issues that have not been discussed. Removal of homes piecemeal is a detriment to the
neighborhood. Increased traffic will be dangerous. The current site is not suitable for a
regional hospital.
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City Council Meeting - 03-26
December 2,2003
Karen Hofstrand, 1204 S. Everett, stated that the neighborhood is one of the most
beautiful in Stillwater. She works as a physician and understands the concerns of the
hospital. But the health care field is expanding and in the long term this site will not be
adequate for the hospital. The hospital may be there for the next ten years, but the
neighborhood will be there long after that. The Council should have a long-term view of
the neighborhood.
Kathy Wilke, 803 Orleans St., spoke on behalf of the junior high students who walk to
school. There are no sidewalks and traffic is a concern. She is also concerned about
the quality of life for the neighbors.
Patrick Poshek, 1302 S. Everett, has been an assessor for 28 years, and stated that
zoning plays an important part in market value. The ramp is a failure of the purpose of
the zoning ordinance. He is also concerned about the easement the City wants to
acquire for a walking path. This is private land that would be opened to the public. The
property owners should be reimbursed for loss of market value.
Marty Rossini, 1224 S. Everett, asked how many people would like to look at a parking
ramp in the back yard. In September, the neighbors were told there would be no
sidewalk. Now it has appeared in the new plan. It is a threat to their property and their
safety. He has faith that the Council will make the right decision.
Stuart Glaser, 1103 S. Everett, stated that he echoes the comments of his neighbors.
His view will be looking west right into the ramp. He wondered how much the ramp
would actually be used. This appears to be a problem only in the daytime, Monday
through Friday. He does not want to see the hospital move, but wondered when a
facility becomes too big for its current location. This is a residential area and they want
to keep itthat way.
Kathy Black, 1311 S. Everett, stated her concern with no sidewalks. There are a lot of
children and a lot of people walking through the neighborhood.
Dan Rydeen, 1111 S. Everett, stated the hospital is outgrowing this site and this is a
long-term fix for a short-term problem.
Dugan Kern, 1216 S. Everett, is concerned with quality of life issues. He wondered how
this would affect the Brick Pond water levels, pollution, and air quality. He feels there
are long-term consequences, which will devastate the neighborhood. There are other
options to explore.
Terry Nelson, 904 Pine Tree Trail, is an employee of Lakeview Hospital. She
understands the concerns of the neighbors, but wondered where employees are
suppose to park. The neighbors were not happy with the shuttle parking. They tried
parking at Lily Lake, but people did not like that either. She wondered what would
happen if the hospital moves.
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City Council Meeting - 03-26
December 2, 2003
Mark Trupper, 1303 S. Everett, stated that the neighborhood is against this proposal.
David Wettergren, 6315 St. Croix Trail N., current Chairman of the Lakeview Hospital
Board, stated that the topic of parking comes up annually. He is sympathetic to the
neighborhood concerns, but there are always pros and cons to any issue. The Board
has discussed a variety of solutions to the parking problem, and the Board is unanimous
in support of the current proposal. He stated that the hospital is a $25 million dollar
business for the community. There has been a significant investment and the board
wants to protect that investment. Their intent is to grow with the community and to
continue at the current site. He wants to assure the community that the board has
taken a long-range view. There will have to be some incremental moves over a period
of time and resolution of the parking problem is important to the future plans.
Peter Boosalis, 515 Broadway Ave., is a hospital employee and so is his wife. He
spoke on behalf of the hospital employees in support of the parking ramp.
Mayor Kimble closed the public hearing.
Mayor Kimble recessed the meeting at 9:00 p.m.
Mayor Kimble reconvened the meeting at 9:10 p.m.
Councilmember Rheinberger stated that he is in favor of granting the special use permit
for the parking structure. He feels the potential loss of the hospital is the City's second
greatest problem.
Council member Kriesel agreed that it would be a tragedy if the hospital left the
community.
Councilmember Junker stated that he appreciates the changes that were made to the
plan after the Planning Commission meeting, but that it was not enough, and he cannot
support the plan.
Councilmember Milbrandt stated that he couldn't support the plan because of some
design concerns.
Mayor Kimble said he appreciates the long-range planning by the hospital. He asked
the Council to consider sending the request back to the Planning Commission to work
out some of the issues between the hospital and the neighborhood.
Community Development Director Russell clarified that, because this is an appeal, the
Council could continue the appeal and in the meantime send the request back to the
Planning Commission.
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City Council Meeting - 03-26
December 2, 2003
Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the
concept of the Special Use Permit for expansion of hospital use for a 237 space parking
structure, and refer the issue back to the Planning Commission for further design revisions.
Ayes- Councilmembers Kriesel, Milbrandt, Rheinberger and Mayor Kimble
Nays - Council member Junker
Mayor Kimble recessed the meeting at 9:45 p.m.
Mayor Kimble reconvened the meeting at 9:55 p.m.
Truth in Taxation HearinQ
City Administrator Hansen provided a presentation on the proposed 2004 budget and its
impact on the City of Stillwater property owners.
Mayor Kimble opened the public hearing
Mr. Martin Hansen, 402 2nd Street N, requested that the City stop paying 50% of
assessment costs for property owners. He stated that when there was an improvement
project done on his street, he was assessed 100% of the costs. Therefore saving the
City money.
Mayor Kimble explained that the law regarding assessments has changed since Mr.
Hansen was assessed for his improvement. He stated that if the City did not help with
the improvements and assessed property owners 100% many improvements might not
be done because the benefit does not equal the cost of the improvement.
Mayor Kimble closed the public hearing.
Action on the budget will be taken at the December 16, 2002 meeting.
UNFINISHED BUSINESS
Possible approval of second readinQ of Ordinance No. 941. an ordinance amendinQ Stillwater
City Code. Section 23-1. Subdivision 9 entitled Recreation fire site. reauirements
Mayor Kimble reviewed the proposed ordinance relating to recreation fire site
requirements and stated that this ordinance will be consistent with the State Fire Code.
Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt
Ordinance No. 941, an ordinance amending Stillwater City Code, Section 23-1, Subdivision 9
entitled Recreation fire site, requirements. All in favor.
Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
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City Council Meeting - 03-26
December 2, 2003
COMMUNICATIONS/REQUESTS
Update on Lofts flood plain and project development - Jack Buxell
Moved to beginning of 7:00 meeting under Petitions, Delegations and Individuals.
COUNCIL REQUEST ITEMS
Councilmember Junker asked if the memo in the packet relating to the Brad Castle
property means that Mr. Castle has agreed to total demolition of the property.
Community Development Director Russell stated that was correct.
Mayor Kimble informed the audience of the Valley Access Channel Christmas Party to
be held on Sunday, December 14. He stated that the public is invited to attend.
Mayor Kimble stated that the public meeting on the St. Croix Bridge Scoping Document
is at the Washington County Government Center on Wednesday, December 3, 2003
and that public written comments must be sent to Mn/DOT by December 10, 2003.
STAFF REPORTS (continued)
Chief Dauffenbach reported that former Police Chief Bud Radke passed away and he
sent his condolences to the family.
ADJOURNMENT
Motion by Council member Rheinberger, seconded by Council member Junker to adjourn the
meeting at 10:35 p.m. All in favor.
ATTEST:
~~- J. !L)24c(__
Diane F. Ward, City Clerk
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City Council Meeting - 03-26
December 2, 2003
Resolution 2003-247, directing payment of bills
Resolution 2003-248, approval of agreement with Johnson Controls
Resolution 2003-249, approval of radio contract with Johnson Radio Communications
Company
Resolution 2003-250, Approval of final payment to Our Saviors Lutheran Church
Resolution 2003-251, resolution requesting Mn/DOT traffic study of Boutwell Road.
Resolution 2003-252, certificate of appreciation - Chuck Donnelly for his service on the
Charter Commission.
Ordinance No. 941, an ordinance amending Stillwater City Code, Section 23-1, Subdivision 9
entitled Recreation fire site, requirements.
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