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HomeMy WebLinkAbout2004-02-17 CC MIN . <. , CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-04 February 17, 2004 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 Police Chief Dauffenbach Public Works Director Eckles Assistant Fire Chief Glaser Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Junker to approve the February 3, 2004 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Salvation Armv - Graffiti Skateboard Park Mr. Mike McGlowne, Assistant Director of Social Services for the Salvation Army provided an update on the Graffiti Skateboard Park that opened in June 2003. Presentation of award for Enoineerino Proiect of the Year. Public Works Director Eckles provided a presentation on the Trout Stream Mitigation Project. He stated that the association only gives this award to one project a year and chooses from projects done throughout the State. He presented an award to Mayor Kimble and Mike & John Raleigh, Raleigh Trucking - contractor on the project from the City Engineers Association of Minnesota. OPEN FORUM Mr. Paul Lacy, 318 W. Olive Street, reviewed his thoughts on the public perception of this process and stated that people did not realize that they would have to come before the Planning, Heritage Preservation and Council to get their point across and that the public thought presenting their views to one of these entities was presenting their views to the City. He stated that he did not know what the conditions were that are referenced City Council Meeting - 04-04 February 17, 2004 in the findings of fact. He asked if the original conditions on the Special Use Permit for the Rivertown Inn would still be in effect. City Attorney Magnuson stated that the Community Development Director provided a memo with conditions in his memo in the February 3, 2004 Council packet and that those conditions are included in the special use permit that were submitted to the Planning Commission as well as the conditions by the City Council. Mr. Lacy stated that some of the neighbors thought that some of the agreements Mr. Anderson made with the neighbors in private were included in the proposal such as is that the events would be held inside the inn, that if the Anderson's do not have two events per month, they could not carry the events into the next month and that meals for other than guests would not be held anytime except for the two events per month. He wanted to make sure that Council was aware of the neighborhood concern and that those items were included in the conditions. Mr. Jeff Anderson, Rivertown Inn, stated that he received the findings of fact and concurs with Mr. Magnuson's findings, which includes the items that Mr. Lacy is concerned with. STAFF REPORTS City Administrator Hansen reminded the Council of the League of Minnesota Cities "State of the Cities" conference which will be held on March 3, 2004. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-35A, directing payment of bills Resolution 2004-36, Approving license to use real property by Washington County for Household Hazardous Waste collection event on May 15, 2004 Possible approval to purchase Civil Defense Siren upgrade Resolution 2004-37, approving revised contract with Johnson Controls, Inc. for preventive maintenance agreement Approval of Utility Bill Adjustments Possible approval to purchase vehicle - Building Inspection Approval of gambling permit - St. Croix Catholic School - April 17, 2004 Possible approval to purchase folding machine'- Finance Approval of gambling permit - Stonebridge School - March 13, 2004 Resolution 2004-38, resolution supporting Solid Waste Management Coordinating Board's legislative initiative regarding recycling of CRTs Page 2 of 10 City Council Meeting - 04-04 February 17, 2004 Resolution 2004-39, accepting quotes and awarding contract for Maryknolllift station upgrade Resolution 2004-40, approving contract with Johnson Controls, Inc. for maintenance agreement for air conditioning system for Public Works Facility Possible approval to purchase vehicle - Engineering Dept. Possible approval to purchase of snow blower - Public Works Possible approval to purchase of tables and 40 stackable chairs for city training room Possible approval of 2003 budget adjustments PUBLIC HEARINGS Case No. V/03-95. This is the day and time for the public hearinQ to consider an appeal of the Planninq Commission's decision on a request from Todd Weiss for a variance to the sion reoulations for additional canopy sionaoe (one sign permitted) located at 601 North Main Street in the CBD. Central Business District. Mayor Kimble opened the public hearing. Mr. Todd Weiss, Stillwater Depot, stated that the Minnesota Zephyr and Stillwater Depot Grill are completely separate businesses that operate in one building and their concern is that the Stillwater Depot Grill does not have sufficient signage. He stated that at the time of the grill opening it was the busiest time for the Zephyr (approximately 10,000 customers that month) that it was extremely necessary to put a sign up to inform their guests where they needed to enter. He stated that they have a lot of repeat quests and did not want to have the guests intertwined trying to get to the Zephyr or the grill. He stated that he knows that there is a lighting issue on the grill sign, however where the City lights end on their property on the south end that without the lights it is a useless sign. He also stated that there is concern about the monument sign that used to state the Minnesota Zephyr & Railroad Museum and there is no longer the railroad museum so the Depot sign replaced the museum sign. He stated when the decision was made to place the sign it was due to how busy the businesses were going to be, not to skirt or avoid the processes that they have always gone through, it was a timing decision. Mr. Weiss stated that there is a canopy sign over the west entrance and the front of that sign it says "Stillwater Depot Grill" and on north and south side of the canopy it says "Stillwater Depot Grill". He stated that there is only one sign on the building even though there are two businesses that operate in the building. Councilmember Junker asked if the monument sign was on State property. Mr. Weiss stated that it was. Councilmember Kriesel asked if the monument sign contained both businesses. Mr. Weiss stated that the monument had signs referencing the Zephyr and Stillwater Depot Grill. He also stated that he did not want to point out other businesses in Page 3 of 10 City Council Meeting - 04-04 February 17, 2004 Stillwater that have more than one sign with their business name on a building. He did not feel that what was done was in bad taste and that they made a business decision to get done what they felt they had to get done but it wasn't done without knowing that eventually they would have to pay up for the decision. Council member Kriesel stated that signage is the greeting card to the community and stated that signage could have said grill or restaurant rather than the name on three sides. He stated the ordinance is specific, that it should be changed, how otten should it be changed, and whom should the City change it for. He stated that the City would be requested by others to do the same thing and felt the HPC is right for holding the line on the issue. Council member Junker stated that some businesses have cleverly used their windows to advertise their business from inside where it looks like there is more signage. Mr. Weiss stated that some of the businesses downtown with extra signage were Pepitos, Freight House, Main Street Cafe, and the bookstore on the corner. Council member Milbrandt stated that Mr. Weiss made a business decision and knew that he would have to answer for that decision, however he was not there to make amends, but requesting Council to go along with the request, which Mr. Weiss knew, was wrong. Mr. Weiss stated that a business decision was made to put up a sign, but a business decision was not made to put up a sign that was in violation of the ordinance. Mayor Kimble asked what the square footage of the property was. Mr. Weiss stated it was approximately 2 acres. Councilmember Junker stated that the canopy is very nice, however it is internal light and felt that the same effect could be accomplished by using external lights. He stated that the monument sign does a tremendous job of lighting up the entire area. He also stated that by goose necking the lights over the canopy and having only grill or restaurant on two of the sides would take care of the issue. Mr. Weiss stated that the sign could not be goose necked because it is a metal sign on top. Mr. Roger Tomten, representative from the Heritage Preservation Commission, stated that when the applicant came before HPC in March for the building addition the project received high praises because of the way the design was integrated to the existing building, and that the signage information that was presented at that time was just a modification of the signage on the monument sign and that one of the conditions of approval was that if there were any additions or modifications that the applicant come back before HPC, and therefore HPC asked Ms. Fitzgerald to look at the canopy Page 4 of 10 City Council Meeting - 04-04 February 17 I 2004 because the applicant did not come back before the commission. He also stated that the commission is not a denying commission and take great pride in working with the applicants and educating them on the commission's purpose, and the preservation of the historic character of the City. He stated that the commission had over 100 applications before them and this is the first appeal this year to their decision. He also stated that are a few options to handle the applicant's signage that were presented to the applicant at the March meeting, however the applicant did not seem interested in those options and it went forward to the Planning Commission where some of those options were again suggested to the applicant. Mr. Tomten explained that some businesses downtown may have more than one sign if they have frontage on more than one street, such as the Freight House has four frontages. He stated there is a number of different ways it all comes together and there is a strict set of rules about signs and sizes and historic district design guidelines are there to pull it all together and bring it into continuity and character of a historic district. He felt that the commission presented a good solution to the applicant at the March meeting. He stated that there is a monument sign that may not be on their property, however it serves the business. He requested that Council deny the request so that Mr. Weiss can come back to HPC so we can try to resolve the problem. Mr. Bruce Ehlers, 110 Lakeside Drive, stated felt that what the business owners have done to the business has provided an atheistic and economic value to the city. He felt the signage for the business provides more than just advertisement for the business, it provides a break for the handicap parking out of the weather as well as other patrons of the business, it also provides a safety aspect by providing light in an area that is extremely dark, and that the signage was very well done, is in extremely good taste, adds to the flavor of the building and does not detract from the building. Mr. Jeff Johnson, representative from the Heritage Preservation stated that the safety aspects of the canopy and the signage on the canopy need to be kept separate. He stated that there is already a monument sign that addresses both businesses and the issue is the additional signage on the canopy and the interior lights that aluminates the canopy, which the HPC finds nonconforming. Mayor Kimble closed the public hearing. Council member Rheinberger spoke in favor of granting the variance of the signage because of the specific location of the businesses, differenation need between twd unique businesses and need for customer location assistance. He stated that the uniqueness of this is the location of the business because people do not know where it is and the signs provide assistance to get them to the business. He also stated that this sign is not for soliciting patrons, but assistance to location and that is why there is a variance process in the ordinance to consider unique circumstances. Councilmember Kriesel stated that the issue is advertising and if the canopy just stated grill or restaurant that would have addressed the HPC concerns. Page 5 of 10 City Council Meeting - 04-04 February 17, 2004 Council member Milbrandt stated that the issue is signage, which was unanimously denied, by HPC and the Planning Commission and the commissions provided alternatives that made sense. He stated that the HPC has proven they work with business people and want to meet them half way and it appears it is not happening in this case. Council member Junker stated that the Stillwater Grill is a fabulous restaurant, however the monument sign does a good job indicating both businesses in the one building. He stated that there have been a number of alternatives in lighting the canopy and addressing traffic to the grill entrance. He felt that the HPC has preserved the downtown through the guidelines, provided consistency, and should be complied with. Mayor Kimble spoke in favor of the granting the variance for the signage. He stated that the HPC follows the ordinance and if it does not fall within the ordinance the HPC and Planning Commission have to deny the request however, if something does not fit within that ordinance there is a variance provision process to allow for special circumstances. Motion by Council member Kriesel, seconded by Council member Milbrandt to deny the appeal and directed City Attorney Magnuson to prepare findings in regard to this decision to be acted upon at the next City Council meeting. Ayes: Councilmembers Kriesel, Milbrandt, and Junker Nays: Councilmember Rheinberger and Mayor Kimble UNFINISHED BUSINESS Possible approval of sprinkler system connection to City water supply - Stillwater Evanaelical Free Church City Administrator Hansen reviewed the options for the connection. He stated that in the best interest of the City would be to receive petitions and consent to annex from church, approval of conditions regarding the payment of impact fees through a possible assessment over 10 years at an interest rate of 5% and that an agreement for the payment of these fees be prepared by the City Attorney. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2004-42, a resolution annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation, dated August 16, 1996, subject to receiving petitions and consent to annex from church, approval of conditions regarding the payment of impact fees by city administrator and approval of agreement for payment of fees by city attorney. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 6 of 10 City Council Meeting - 04-04 February 17, 2004 Possible approval of findinas of fact relatino to decision on a reauest from Jeff and Julie Anderson for a modification to a Bed and Breakfast special use permit for the relocation of two ouest rooms from the main house to the carriaae house and for special events (40 auest maximum) located at 306 West Olive Street in the RB. Duplex Residential District City Attorney Magnuson reviewed the findings of fact relating to the decision on the Rivertown Inn. He stated that the findings do include the previous conditions of the special use permit and add additional conditions to the permit. He also stated that he provided the findings to Mr. Paul Lacy and Mr. Jeff Anderson prior to the meeting for their review. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-42, approving findings of fact conclusions and order relating to the modification to a Bed and Breakfast special use permit for the relocation of two guest rooms from the main house to the carriage house and for special events located at the Rivertown Inn, 306 West Olive Street in the RB, Duplex Residential District. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Final PUD approval of Terra Sprinas. Buildina 4. 36-unit condominium Community Development Director Russell reviewed the request for final Planned Unit Development approval for Building 4 of the Terra Springs Development. He stated that there are conditions that have to be met while proceeding with the building. Mr. Matt Brinsa, J. Buxell Architects, representing Robert Engstrom, reviewed the proposed design of building 4. He stated that initially the remains of the prison were going to be used in the structure, but they have found that structurally this would not be possible. He also stated that the east wall would be incorporated into the design of the building. Motion by Council member Rheinberger, seconded by Councilmember Junker to approve Resolution 2004-43, approval of final PUD for Terra Springs, Building 4, 36-unit condominium. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval to schedule special meetino at 4:30 on March 16. 2004. City Administrator Hansen stated that because of the short meeting on March 2, he anticipated a large agenda for March 16 and requested that Council hold a special meeting at 4:30 on March 16, 2004. Page 7 of 10 City Council Meeting - 04-04 February 17, 2004 Motion by Council member Rheinberger, seconded by Councilmember Junker authorizing a special meeting for 4:30 p.m. on March 16, 2004. All in favor. Possible approval of appointment of Actina Fire Chief City Administrator Hansen stated that due to the resignation of Fire Chief Kallestad an acting fire chief should be selected until Council looks at all the options for replacing the Fire Chief. He recommended in the interim that Assistant Chief Stu Glaser be appointed as Acting Fire Chief. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to adopt Resolution 2004-44, approving appointment of Stuart Glaser as Acting Fire Chief. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible authorization to proceed with Lona Lake improvements Public Works Director Eckles stated that Bonestroo has completed the plans and specifications for the Long Lake Project and the permits are currently under review. Staff has been negotiating with the contractor of the McKusick Ravine project, M.J. Raleigh, to complete the Long Lake improvements at the same prices we received on the McKusick Ravine project. He stated that since the Long Lake project is part of the overall Trout Stream Mitigation project, and therefore related to the McKuisck Ravine project, the idea of a change order to complete this work has merit. He also stated that the estimated price of $120,000 offered by M.J. Raleigh appears to be significantly less than the engineer's estimate of $200,000. He recommended that Council authorize the Long Lake outlet project to commence and direct staff to prepare the necessary change order. Motion by Councilmember Kriesel, seconded by Council member Rheinberger authorizing the implementation of the Long Lake Outlet Control Project and directing staff to prepare the Change Order to the McKusick Lake Project. All in favor. Possible approval of Fire Relief Association Pension Mayor Kimble reviewed the request by the Fire Relief Association regarding the increase of City guaranteed pension from $2,800 to $4,200. Council member Rheinberger stated that the City should avoid guaranteeing any more liability than the City currently has, which is $2,800. He stated that he is against using any more tax dollars to guarantee the Fire Relief Association Pension at this point. City Administrator Hansen stated that the Fire Relief Association Pension is already at $4,200, however the City only guarantees $2,800. Page 8 of 10 City Council Meeting - 04-04 February 17, 2004 Council member Milbrandt stated that he does not know of anyone privately who has a guarantee on their 401 K, and that at this time he agreed with Councilmember Rheinberger. He also stated that if the current guarantee should be revisited, he would be willing to look at that at a future time. Mayor Kimble spoke in favor of the City guarantee; he felt that the risk would not be if one person retired but if many firefighters were killed at one time. He felt that the citizens would want to make sure the families were taken care of. He also felt that this benefit is an attraction to get new firefighters. Councilmember Rheinberger felt the City would be a third party insurer and the future of pensions is not on stable ground. Council member Junker stated that pension money has been volatile over the last few years and felt it was difficult for the Council to guarantee another set limit of $4,200. City Administrator Hansen explained that when the relief association submitted their 2002 report there was a problem with a deficit, however there was enough money after their obligations that there was no municipal contribution and in 2003 the investment picture is looking better, but he felt that it was a shock to the relief association and they wanted to make sure it didn't happen again, therefore they are requesting the guarantee. Council member Kriesel is concerned about the incentive for attracting firefighters and felt it was a small investment for the City to retain the fine volunteer effort. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to table the issue for further information and address at a future meeting. All in favor. Possible approval of transfer of Off-Sale Liauor License and Tobacco License - Kinsel's Liauor Store Mayor Kimble reviewed the request to transfer the off-sale and tobacco licenses for Kinsel's Liquor Store. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-45, approving transfer of off-sale liquor license and tobacco license to Lift Bridge, Inc., DBA: Kinsel's Lift Bridge Liquor subject to successful closing of the property, filing all required documents, final approval by Police, Fire, Finance, Inspection and Minnesota Liquor Control. COUNCIL REQUEST ITEMS Mayor Kimble acknowledged students from Stillwater High School's Government class. Page 9 of 10 City Council Meeting - 04-04 February 17, 2004 Council member Rheinberger asked Community Development Director Russell about the trail plan. Mr. Russell stated that staff is working on the plan and also informed the Council that the B&B inspections report is in their packet for their information. ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Junker to adjourn the meeting at 8:45 p.m. All in favor. ATTEST: /t~ 0. k)t{AtX- Diane F. Ward, City Clerk Resolution 2004-35A, directing payment of bills Resolution 2004-36, Approving license to use real property by Washington County for Household Hazardous Waste collection event on May 15, 2004 Resolution 2004-37, approving revised contract with Johnson Controls, Inc. for preventive maintenance agreement Resolution 2004-38, resolution supporting Solid Waste Management Coordinating Board's legislative initiative regarding recycling of CRTs Resolution 2004-39, accepting quotes and awarding contract for Maryknolllift station upgrade Resolution 2004-40, approving contract with Johnson Controls, Inc. for maintenance agreement for air conditioning system for Public Works Facility Resolution 2004-41, a resolution annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation dated August 16, 1996 Resolution 2004-42, approving findings of fact conclusions and order relating to the modification to a Bed and Breakfast special use permit for the relocation of two guest rooms from the main house to the carriage house and for special events located at the Rivertown Inn, 306 West Olive Street in the RB, Duplex Residential District. Resolution 2004-43, approval of final PUD for Terra Springs, Building 4, 36-unit condominium. Resolution 2004-44, approving appointment of Stuart Glaser as Acting Fire Chief. Resolution 2004-45, approving transfer of off-sale liquor license and tobacco license to Lift Bridge, Inc., DBA: Kinsel's Lift Bridge Liquor Page 10 of 10