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HomeMy WebLinkAbout2003-12-16 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-27 December 16, 2003 REGULAR 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 City Attorney Magnuson 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 Rheinberger to approve the revised December 2, 2003 regular and recessed meeting minutes. All in favor. OPEN FORUM Mr. Jeff Anderson, owner of the Rivertown Inn requested Council approval for a New Years Eve dinner for guests and friends of guests not to exceed 10-12 additional people. He stated that a review in the newspaper had some incorrect information and that their dining is not open to the public. Mr. Paul Lacy, neighbor of the Rivertown Inn, stated that he does not have any problem with the event on New Years Eve, however does have other issues that will be addressed at a later time. Council member Rheinberger stated he would be in favor of this one-time event. Mayor Kimble stated that the inn is not to operate as a restaurant, and there should be no activity outside of the B & B ordinance. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt approving the one time New Years Eve dinner for quests and friends of guests not to exceed 10-12 additional people and that Mr. Anderson go through the process regarding conditions of the inn's special use permit for the bed and breakfast. All in favor. STAFF REPORTS Police Chief Dauffenbach informed the Council regarding a misunderstanding between the downtown businesses and parking on Sunday. He stated that signs were placed for snow removal, but did not state the hours, but that the problem was quickly rectified. City Council Meeting - 03-27 December 16, 2003 Mayor Kimble and Councilmember Junker thanked the police department for their quick handling of the problem. Police Chief Dauffenbach also informed the Council that there would be a SWAT training exercise on Wednesday, December 17 in the area of 312 North Main. Fire Chief Kallestad informed the Council that the old defibulator which was replaced by new defibulators, achieved through a grant, was delivered to a fire department in Lema, Peru. Community Development Director Russell requested that Council consider dates for three important issues. He requested that all three of these issues not be on the same evening and suggested that the hospital and Downtown Plan be placed on the January 20 meeting and that a special meeting be held on January 20, 2003 at 4:30 p.m. to allow staff to provide details of the Downtown Plan to the Council prior to the public hearing. Mayor Kimble stated that depending on other business it would be considered and that the City Administrator and City Clerk will discuss the issue with the Council to determine the dates. Council consensus was to approve a special meeting at 4:30 p.m., January 20, 2003 if necessary. Public Works Director Eckles provided an update on the downtown snow removal operations. He stated that as a result of the budget cuts and no overtime, public works has been working split shifts so it takes a little longer to get the job done. Council thanked the public works department for their efforts. Councilmember Kriesel asked Mr. Eckles about sidewalks in the Croixwood Boulevard, specifically Oasis Market. He stated that he would contact Mr. Eckles regarding that issue. City Attorney Magnuson stated that as a result of the agreement with the Rumpfs Council should pass a resolution conveying the property to the State. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-258, approving conveyance of property. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None City Administrator Hansen stated that the transfer of the Board of Review responsibilities to Washington County expires December 31,2003. He also stated that the County would be holding regional Open Book meetings rather than separate Open Book Meetings in each community. 2 City Council Meeting - 03-27 December 16, 2003 Motion by Council member Rheinberger, seconded by Councilmember Milbrandt adopting Resolution 2003-259, approving transfer of the city's board of review duties to Washington County and accepting the meeting dates as presented. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-253, directing payment of bills Resolution 2003-254, approving health insurance contribution for 2004 Resolution 2003-255, adopting delinquent sewer charges, Local Improvement No. 0001 Resolution 2003-256, adopting delinquent garbage bill charges, Local Improvement No. 0002 Resolution 2003-257, accepting work and ordering final payment for McKusick Lake Boardwalk (Project 2002-04C) Possible carry over of Capital Outlay Items - Fire Possible carry over of Capital Outlay Items - Finance Possible carry over of Capital Outlay Items - Engineering Possible carry over of Capital Outlay Items - Public Works Possible carry over of Capital Outlay Items - Administration Possible approval to purchase folding machine - Finance PUBLIC HEARINGS This is the date and time for a public hearina to consider an appeal of the Planning Commission's decision on a request from Joe Fisher for a variance to the street setback (30 feet required, 13 feet requested), accessory building size (120 square feet allowed. 508 square feet proposed) and for a second garage located at 2440 Bavberry Avenue in the RA, Single Familv Residential District. Case No. V/03-90. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 5, 2003. Community Development Director Russell reviewed the appeal to the Planning Commission's decision to deny a variance allowing a second garage at 2440 Bayberry Avenue. Mr. David Middleton, Planning Commission, explained the Planning Commission's denial by stating that the Planning Commission's position has been to deny garages as a second accessory building. Mayor Kimble questioned the purpose of the ordinance and its effect of eliminating additional garages. 3 City Council Meeting - 03-27 December 16, 2003 Mayor Kimble opened the public hearing. Mr. Joe Fisher, applicant, requested that Council approve the variance because the location of utilities and the neighbor's deck make it difficult to do an addition to the existing garage. He stated that the new garage would only be used for storage to allow him to park vehicles in his existing garage. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he was not in favor of approving the request because the applicant has not shown a hardship and was in favor of upholding the Planning Commission's decision. Council members Milbrandt, Kriesel and Junker agreed with Councilmember Rheinberger. Mayor Kimble again expressed his disagreement regarding the ordinance. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt reaffirming the Planning Commission's denial of a variance for a second garage at 2440 Bayberry Avenue. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker Nays: Mayor Kimble UNFINISHED BUSINESS Possible adoption of resolutions for 2004 BudQet & Tax Levv City Administrator Hansen reviewed the unfinished budget items and requested a Council decision on those items. He stated that the decision must be made prior to the adoption of the resolution setting the budget and levy. . Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-260, approving budget items. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2003-261, adopting the final budget for the year 2004. All in favor. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2003-262, adopting the final tax levy for the year 2004. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None 4 City Council Meeting - 03-27 December 16, 2003 NEW BUSINESS Final PUD approval for bank use on 1.5 acres site located on west side of County Road 5 between Curve Crest Boulevard and Wild Pines in the Business Park Commercial District. BPC. Jenninas State Bank. applicant. Community Development Director Russell reviewed the final Planned Unit Development in the Business Park Commercial District for Jennings Bank. Mayor Kimble expressed concern on Condition of Approval #19, the elimination of ground lights around the building because of security issues. Mr. Jennings stated that he has concerns with that condition as well. He stated that the lights are not intrusive to the neighborhood and would be used for security purposes. He also listed numerous churches and banks with the same kind of lighting. Mr. Brian Larson, architect for Jennings Bank, stated that he believed that the HPC concern was the infusion with the night sky rather than the neighborhood because these lights would only light up the front of the building at certain locations to the soffit area of the building and would not be intrusive on the neighborhood. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2003-263, approving final PUD with the additional 4 conditions, but that Condition #19 to read "ground lights may be used for security purposes only, lights are not to be intrusive to neighborhood and no shining of lights off-site. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible adoption of resolution Approvina the Call on the 1996B Bond Mayor Kimble reviewed the memo recommending the Bond Call for the 1996B Bond. He stated that there were enough funds available in the debt service fund to call the bonds, therefore saving the citizens money. Motion by Council member Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-264, resolution authorizing the call of the outstanding general obligation improvement bonds, Series 1996B. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible appointments to Boards/Commissions Mayor Kimble reviewed the memo regarding appointments to Boards/Commissions. He stated that current members with expired terms have requested reappointment. Mayor Kimble informed the audience that there are still vacancies on the Human Rights 5 City Council Meeting - 03-27 December 16, 2003 Commission and Downtown Parking Commission and that interested persons should contact the City Clerk. Councilmember Kriesel requested that a list of Ward representation be submitted with future appointments. Council member Milbrandt requested that the City Clerk verify that there are no appointments needed for the Parks Board. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-265, appointments to various boards/commissions. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of Pioneer Park Bandshell Policy and setting deposit fee Community Development Director Russell stated that the Park Board recommends adoption the Pioneer Park Bandshell Policy and raising the deposit fee on the facility to $100. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-266, adopting Pioneer Park Bandshell Policy and setting deposit fee for Pioneer Park Bandshell. All in favor. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COMMUNICATIONS/REQUESTS City Administrator Hansen informed the Council that the City has received a dividend check from the League of Minnesota Cities Insurance Trust. COUNCIL REQUEST ITEMS Councilmember Kriesel requested that the Engineering Department look into the erosion problem near Driving Park Road. Public Works Director Eckles stated that the issue is part of the Lily Lake Water Quality project being done in phases and the Environmental Impact Statement for the River Crossing. He stated that there might be some Washington County grants that may assist property owners in this area with the problem. He stated that his department would investigate the situation. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 9:00 p.m. All in favor. 6 City Council Meeting - 03-27 December 16, 2003 {!#/~~ ATTEST: ~ l5? dlucC Diane F. Ward, City Clerk Resolution 2003-253, directing payment of bills Resolution 2003-254, approving health insurance contribution for 2004 Resolution 2003-255, adopting delinquent sewer charges, Local Improvement No. 0001 Resolution 2003-256, adopting delinquent garbage bill charges, Local Improvement No. 0002 Resolution 2003-257, accepting work and ordering final payment for McKusick Lake Resolution 2003-258, approving conveyance of property Resolution 2003-259, approving transfer of the city's board of review duties to Washington County Resolution 2003-260, approving budget items Resolution 2003-261, adopting the final budget for the year 2004 Resolution 2003-262, adopting the final tax levy for the year 2004 Resolution 2003-263, approving final PUD Resolution 2003-264, resolution authorizing the call of the outstanding general obligation improvement bonds, Series 1996B Resolution 2003-265, appointments to various boards/commissions Resolution 2003-266, adopting Pioneer Park Bandshell Policy and setting deposit fee for Pioneer Park Bandshell 7