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HomeMy WebLinkAbout2004-06-15 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-13 June 15,2004 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Police Chief Dauffenbach Public Works Director Eckles Acting Fire Chief Glaser City Clerk Ward Anthony Carr, Human Rights Commission Chair Ken Moses, Human Rights Commission Co-chair Ellie Samuelson, Human Rights Commissioner Michael Eldred, Human Rights Commissioner OTHER BUSINESS Possible approval of extendinq deadline for Library Board applications (original deadline Fridav. Mav 28.2004) Mayor Kimble reviewed the request from the Library Board requesting an extension of the application deadline for appointment to the Library Board. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to extend the application deadline for the Library Board to June 25, 2004. All in favor. Workshop with Human Riqhts Commission Mayor Kimble thanked the commission attending and explained that the purpose of the workshop is to make sure that the mission of the Council and Human Rights Commission are consistent. He reviewed the mission of the commission as stated in the Ordinance regarding the Human Rights Commission. Mr. Kriesel stated that his concern is that it appears that the commission has become partisan/politicized particularly against certain elected officials. He felt that being a member of this commission requires a high degree of being a watch dog for human rights, even those who do not agree with the commission. He reviewed some of the comments from tapes of the commission meetings and felt that the commission was becoming a political pulpit. He stated that he felt that these comments went beyond the scope and mission of the commission. He stated that it was wrong for a commission to City Council Meeting - 04-13 June 15, 2004 have only one set of values and not consider anyone else's. He also expressed concern regarding the comments because of students involved in the commission and the impression they may receive of the commission. He also stated that he made the commission aware of his concerns, did not receive any comments back and attended a meeting as well. Mayor Kimble stated that personal opinions should not be construed as speaking on behalf of the City and political statements are not appropriate on the Council level, it does not appear as a duty or responsibility of the Human Rights Commission. He stated that the purpose of the commission is to advise the City Council if there is someone being discriminated against in Stillwater under the laws of Minnesota or this country and then Council determines appropriate action. He agreed with Councilmember Kriesel that political discussions are inappropriate for the commission meetings. Co-Chair Moses stated that most of those discussions do not get recorded in the minutes but summarized as there was a discussion and he thought that the tapes were used primarily as backup for doing the minutes. Councilmember Milbrandt thanked the members for their service and stated that this Council would not survive without the input from all of the city's boards/commissions. He stated that he read the minutes and was concerned that the dialog in the minutes deviates immensely from advising this Council in dealing with items that come before the commission. He stated that he is also concerned that the commission issues press releases and/or sends correspondence to legislators or anyone as if it is representing the City of Stillwater, no other board or commission does this because it is to come before the Council prior to sending information representing the City. He felt that the commission has digressed from an advisory commission and in reviewing the minutes there were only two instances of issues that needed to be dealt with and the rest of the minutes were a digression of personal views. Council member Junker stated that the key words are "aid and advise." He stated that the advertisement for applicants without going through City staff also concerned him. He also stated that any board/commission is to aid and advise Council and staff and proceed from there. He stated that the commission has moved to become more independent which is not what the Councilor the ordinance intended. Mr. Moses stated that the press release was done under the advisement of the State Human Rights Commission, not to do something independently. He felt that the Council should have provided direction or an orientation should have been done for new members. Mayor Kimble explained that in that instance the commission should have recommended to Council to authorize the press release. He stated with the other boards/commission there is a Council liaison and maybe this should be done so there is more continuity between the Commission and Council. Page 2 of 13 City Council Meeting - 04-13 June 15, 2004 Council member Kriesel raised concerns with the negative impression the commission gives the staff, police department, the community, Council, related to projects in the downtown and Curve Crest Boulevard. He noted the lack of communication from the commission. Mayor Kimble provided a history on the Curve Crest sidewalk/trail project, the budget process and how they are trying to provide handicap ramps though out the City. Council agreed that the communication with the commission is lacking on both sides. Ms. Ellie Samuelson agreed with Council that the commission has deviated from the mission because not much has happened relating to discrimination. She stated that many residents do not know that the commission exists, but they do now and maybe the good thing is that there may be more interest or people will know they have a place to go if they feel they are discriminated against. She felt that if a person from the Council attending their meetings it would have kept the commission focused on what their mission is to the community. Mr. Tony Carr, Chair, asked the Council for a recording secretary and that the commission was willing to meet at another time in order to get someone to act as the recording secretary. Council agreed that a recording secretary is needed. He also stated that diversity training should be given to staff. Mayor Kimble explained that through annual conferences that staff and Council attend, diversity training is usually part of the conference agenda. Council member Rheinberger asked Ms. Samuelson, because of her longevity in the community, if there is a problem with discrimination. Ms. Samuelson stated that she couldn't answer because she does not have children in school, however she felt that if discrimination happens it would probably be in the schools. She felt that overall the community is pretty good and it is getting better; however felt that some people say things without thinking. Councilmember Milbrandt expressed concern that because of the publicity and the political agendas how things can move forward and so that the commission can become a safe place for people to air their concerns. He is concerned that the commission is being used as a political pulpit. Mr. Carr explained that guests are always welcome and their comments are appreciated. He believes in the commission. Mayor Kimble stated that when the commission was formed the high school was in the City, however now the high school is in Oak Park Heights and the commission has no Page 3 of 13 City Council Meeting - 04-13 June 15, 2004 authority there. He felt that the ordinance should be changed to reflect just those schools within the city limits. Council member Junker suggested the City provide a council liaison to the commission effective immediately, with change at the beginning of the year when Council appoints members to various commissions/boards. He also suggested a city staff member as a recording secretary to the commission, openings on the commission posted through the City with a deadline for applications, and that the entire commission should reapply for the positions. Mayor Kimble recommended that the appointments to the commission be delayed until the commission meets to discuss how to determine the appointments such as Ward balance. City Attorney Magnuson stated that legally other commission members couldn't be asked to reapply because they have fixed terms, and there is a process for the removal of commission members. Ms. Moses stated that the commission is more diverse than the general population or the Council and should be preserved. After considerable discussion it was the Council consensus that communication has been lacking between the Council and the Commission, the commission needs to aid and assist the Council on discrimination issues, and move forward. Motion by Councilmember Junker, seconded by Councilmember Milbrandt to provide a council liaison to the commission effective immediately with change at the beginning of the year when Council appoints members to various commissions/boards, a city staff member will serve as a recording secretary to the commission, and openings on the commission will be posted through the City with a deadline for applications. All in favor. Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel appointing Mayor Kimble as Council representative to the Human Rights Commission. All in favor. Opinion on Lumberiack Davs VIP tickets City Attorney Magnuson reviewed his opinion on the City Council and staff receiving Lumberjack Days VIP tickets now that an actual value has been placed on the tickets. He stated that there is a need for Council members and the Mayor to attend the event as well as some city staff to monitor and participate in the event and suggested that an access pass which the Council could pass, a resolution appropriating its use for, public purpose. Council member Rheinberger spoke in favor of access passes for Council and members of staff because it provides oversight of the event and serves a public purpose. I t~ Page 4 of 13 City Council Meeting - 04-13 June 15, 2004 Motion by Council member Rheinberger, seconded by Council member Milbrandt directing the City Attorney to prepare a resolution and the City Administrator to designate appropriate staff that should be given access passes. All in favor. Mayor Kimble recessed the meeting at 6:20 p.m. REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Police Chief Dauffenbach Community Development Director Russell Public Works Director Eckles Acting Fire Chief Glaser City Clerk Ward PLEDGE OF AllEGIANCE - Observance of 4th of July (next meeting is July 6) Julie Kink led the Pledge of Allegiance in Observance of 4th of July. APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the June 1, 2004 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS David Corbo. Warden - Minnesota Correctional Facility - Bavport Mr. David Corbo, Warden of the Minnesota Correctional Facility in Bayport, thanked the Stillwater Police Department and especially Sgt. Dave Roettger for their assistance on June 7, 2004 in the apprehension of a walk away from the prison. He presented a Certificate of Appreciation to Chief Dauffenbach who accepted on behalf of Sgt. Roettger. Sian Reauest for the St. Croix Garden Tour - Familv Means Ms. Mary Jo Jackson, Family Means, reviewed the sign request for the St. Croix Garden Tour. She stated there would be 20 signs that would be removed each day of the tour. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger approving the sign request. All in favor. Page 5 of 13 City Council Meeting - 04-13 June 15, 2004 OPEN FORUM There were no public comments. STAFF REPORTS Community Development Director Russell stated that there would be a Flood Protection Workshop held at City Hall on June 22, 2004 at 6:30 p.m. and that the public is invited to attend. He stated that the information presented would be the same information presented to Council at their workshop. Public Works Director Eckles provided an update on the North Hill project. He stated that staff is designing Phase 3 and will be having a neighborhood meeting sometime towards the end of July with finishing of plans, advertisement for bids and awarding a contract in August. He was hopeful Phase 3 would be well under way by the end of the year. He asked that the residents contact the Engineering Department to set up appointments to determine the best location of sewer and water services or with any questions or concerns. He stated that mailboxes would be moved as part of the project. He informed the Council of an update on the North Hill that has been placed on the City's website. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-129, directing payment of bills Approval of application for sale of Fireworks - TNT Minnesota - Cub Foods Approval to purchase projection system for Council chambers Approval of release of 2004 capital funds - Library Approval of application for sale of Fireworks - TNT Fireworks - Target Request for installation of banner - Christian Youth Concert - Faith Inkubators Endowment Fund - June 25-July 14, 2004 Resolution 2004-130, approval of change order for the North Hill Phase 2 project PUBLIC HEARINGS Case No. PUD/04-25. This is the date and time for a public hearing to consider a request from Robert Butler, representing Human Services Inc., (HSI), for Concept and Final Planned Unit Development approval for a 4,489 square foot, six unit apartment (Phase I) and concept approval only for a 5,442 square foot addition to the current clinic/office building (Phase II) located at 375 Orleans Street in the PA, Public Administration (continued from June 1,2004 meeting) Page 6 of 13 City Council Meeting - 04-13 June 15, 2004 Dr. Butler, HSI, requested that their request be withdrawn because they will be able to complete the project within the current zoning and therefore will not request the PUD for their project. Council member Junker thanked Dr. Butler, Mr. Snyder and the neighbors for working together. Mr. David Snyder, attorney representing HSI, certification will be obtained once the building permit is issued and understand that it is a requirement of the City. Motion by Council member Rheinberger, seconded by Council member Junker to accept the withdrawal of Case No. PUD/04-25, concept and Final Planned Unit Development approval for a 4,489 square foot, six-unit apartment (Phase I) and concept approval only for a 5,442 square foot addition to the current clinic/office building (Phase II) located at 375 Orleans Street in the PA, Public Administration. All in favor. Case No. SUP/04-39. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision on a request from Ed Hawksford, representing Jeff and Julie Anderson, for a modification to the special use permit for a bed and breakfast located at 306 West Olive Street in the RB, Two Family Residential District. Community Development Director Russell reviewed the request and appeal for the modification to the special use permit for the bed and breakfast. He reviewed the proposed lighting plan, which is different from the plan that was previously approved, and because of the modification both commissions have reviewed it. He stated that the Heritage Preservation Commission on May 3, 2004 and Planning Commission reviewed the request on May 10, 2004. Both bodies approved the request as conditioned. Councilmember Milbrandt asked if the changes were done due to safety issues. Mr. Ed Oxford, Rivertown Inn stated that the insurance company is requiring the lighting changes. Mayor Kimble opened the public hearing. Mr. Paul Lacy, 318 W. Olive Street, stated he thought that the compromise reached in March was something they all could live with. Now the Andersons are coming back for more which they have constantly done since they have owned the inn. He stated that at the last meeting he sited case law, but it is not law that he has on his side, but equity in his favor. He felt that the Andersons have not been in compliance with the Special Use Permit that was granted in 1999 and a new Special Use Permit was granted in March of 2004. He has noticed that five conditions have already been violated and reported them to the City. He hoped Council would take that into consideration. He reviewed the vent issue that has not been corrected and there is a brand new vent on the west side roof of the cottage house. He stated that the limitation on parties was agreed to by the Andersons and that condition has been violated. He asked Council to not expand what Page 7 of 13 City Council Meeting - 04-13 June 15, 2004 the Andersons currently have until they have shown they can comply with the Special Use Permit in place and put a moratorium on their requests for a year. He felt that there is a perfectly acceptable walkway and driveway that can be used to the main door. He provided Council with acceptable changes which included that all lights on the fountains and waterfalls are turned off at 9:00 p.m., all path lights between the parking area and the main building are 12 volt, 20 watt maximum, with the fixtures as shown in the application and motion activated, all lights on the handicap ramp are 12 volt 5 watt, approximately 18 inches high, and motion activated, all lights illuminating the parking area are directed downward and motion activated, the light over the entry on the north side of the carriage house is directed downward and motion activated; all other external lighting must be maintained at the lowest wattage feasible and extinguished at 9:00 p.m., and the two lights on the front porch of the 8 & 8, as well as the lamppost light at the front steps may remain on. These items would minimize the impact on them. Mr. Jeff Anderson and Ed Oxford, Rivertown Inn, stated that this scaled back plan was submitted to try and accommodate Mr. and Mrs. Lacy. He stated that the plan is less lighting that what has been at the inn in 20 years and less lighting than what was previously approved. Council member Rheinberger asked if these options were presented to the Andersons or the commissions. Mr. Lacy stated he did not know when the HPC heard specific items. He stated he met with Mr. Anderson before the meeting, but could not reach an agreement. Mr. Anderson stated that a similar proposal from Mr. Lacy was presented to the Planning Commission and that nothing has been added to the plan that was approved by the Planning Commission. He stated that they are in compliance and have tried to work things out with the Lacys and will continue to do so but it is becoming difficult. Mr. Oxford stated that motion detectors on low voltage lighting are unreliable according to the manufacturer and when they fail they flash. Mr. Lacy stated that if it is less they don't have to ask for the change, however because they are asking means it is more. Mr. Jeff Johnson, HPC and neighbor to Rivertown Inn, stated that HPC reviewed the lighting changed, Mr. Anderson has been straightforward with the commission, and this lighting change was considered a minor lighting change. He stated that as a neighbor of the inn that these owners have been diligent in following the orders of the Special Use Permit and done a very good job keeping HPC and neighbors up-to-date and being very courteous to the neighbors. He request that Council deny the appeal and uphold the Planning and HPC approval. Councilmember Milbrandt asked if this was a minor change why did Mr. Anderson go before the Planning and HPC. Page 8 of 13 City Council Meeting - 04-13 June 15, 2004 Mr. Johnson stated that was the question before HPC and Mr. Anderson wanted to follow the process to the letter because some of the moving of fixtures was not part of processes. He stated that the original plan included pole lighting, which has been removed on this plan. Mr. Oxford explained the changes from the original plan to lower voltage. He stated that it is strictly based on insurance requirements because if that is not met they can terminate the insurance. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he favors denying the appeal, framing the decision along the lines of what are the limits to a neighbors absorbs ion of light pollution versus the needs for guest safety; and requirements for handicap safety. He felt that the inn has performed as best as it can, that lighting is needed because guests are usually unfamiliar with the layout of the B&B at night, and the record shows that there has been discussions between the parties, attempts at compromise and ultimate revisions and has been unanimously approved by the respective commissions. Councilmember Junker stated that over the weekend and Monday evening he went to the Rivertown Inn during the daytime and evening to personally see the lighting. He stated that the lighting is very low and that the Lacy's home is more lit up than the inn and felt that the lighting along the pathway and fountains could hardly be seen. He brought up that the Lacy's flowers are growing over the public sidewalk. He stated that the ground cover has been down to minimize the impact on the Lacy's property. He felt that this appeal should be denied, the inn looks impeccable and wished everyone was able to improve their property as the inn has. He stated he has not received a single call from any neighbor other than the Lacys. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to deny the appeal and directed the City Attorney to prepare findings of fact and resolution for approval at the July 6, 2004 meeting. All in favor. Councilmember Milbrandt asked Mr. Anderson to work with Public Works Director Eckles on the property on 4th Street relating to the construction accruing on the property because he has received a number of calls on the dumpster making the street impassible. Mr. Anderson stated that he would talk to Mr. Eckles and take care of the problem. UNFINISHED BUSINESS Land Use Recommendation for City land south of Orleans and east of Osaood (tabled from June 1.2004 meetina) Community Development Director Russell stated that on May 17, 2004, the Planning Commission held a special meeting to review the Comprehensive Plan and proposed Page 9 of 13 City Council Meeting - 04-13 June 15, 2004 land use for the study area where the Commission reviewed existing land use, zoning and proposed land use in the study area that includes portions of Oak Park Heights and Stillwater. He noted that information received from the City Attorney, which stated that the need to change zoning for the HSI site to accommodate an apartment building has been preempted by the state per Minnesota Statute 462.357, Subd. 7, which provides a residential facility serving six or fewer persons registered within the state are considered a permitted use in the RA, Single Family District. The HSI parcel is zoned RA, Single Family. Mr. Russell stated that lands located south of Orleans and north of North 62nd Street in the City of Stillwater are designated Elementary School (ES) according to the proposed land use plan of the Comprehensive Plan and City lands south of North 62nd Street between Paris and Oxboro are designated Administrative Office (AlO). He stated that the current zoning for the AlO lands is RA, Single Family and that the Planning Commission felt that the zoning should be brought into conformity with the proposed land use for the county government center area and the City has received a letter from Washington County supporting the request. Mr. Russell stated that the Planning Commission felt the HSI site designation of single family was appropriate and accommodates the elementary school proposed land use map designation. He stated that they felt this designation was consistent with the existing land uses in the area and the land use policy to maintain and conserve the single-family residential character of the area in the Stillwater and Oak Park Heights Comprehensive Plans. Council member Milbrandt asked why the school was not included. Mr. Russell stated that churches and schools are allowed in the RA area and the Planning Commission did not want to designate that as PA because if a school closes they did not want an office building located in this area. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to refer back to the Planning Commission for the Zoning Amendment process for City land south of Orleans and east of Osgood. All in favor. Possible adoption of resolution for determinina the necessity for and authorizina the acauisition of certain property by proceedinas in eminent domain for North Hill proiect City Attorney Magnuson stated that many of the easements have been obtained for the North Hill project; however there are three property owners the city is still negotiating with. He stated this instrument would only be used if negotiations with the property owners fail in order to keep the North Hill project moving forward. He also stated that staff would continue to work with the remaining property owners. Page 10 of 13 City Council Meeting - 04-13 June 15, 2004 Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2004-131, resolution for determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain for North Hill project. Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Audubon request to dock boat at Stillwater Levee City Administrator Hansen reviewed the current request from the Audubon. He stated that permission was given to dock their boat at the Stillwater Levee, however, now they have requested permission for use of South Lowell Park for folk music, information booths by the National Park Service, Arcola Mills, Willow River State Park and two businesses, the Valley Bookseller and Wild Mountain Recreation. Council member Rheinberger favored approving the request, he stated that traditionally the residents have not used Lowell Park and having these events bring residents to the park and energize and have some culture downtown. He stated that if the events don't work out Council could deny them next year. Councilmember Milbrandt stated that there is more stuff going on downtown, residents can't use the park downtown and the Council has tried to limit events in Lowell Park and this one would take place right after Lumberjack Days. Councilmember Kriesel agreed with Councilmember Milbrandt and stated that why spend money to keep the park looking good if we constantly have events. Mayor Kimble stated when there is an event downtown he sees a lot of residents downtown and spoke in favor of the request. Council member Junker stated that he doesn't have a concern with the boat, however he is not in favor of the commercial aspect of this event. . Motion by Councilmember Milbrandt, seconded by Councilmember Kriesel to deny the request. Ayes: Councilmembers Kriesel, Milbrandt and Junker Nays: Councilmember Rheinberger and Mayor Kimble NEW BUSINESS Possiblo approval of recreation cantor rate increases (Resolution) (availablo Tuosday) (Will be addressed at a future meeting) \ Page 11 of 13 City Council Meeting - 04-13 June 15, 2004 Possible adoption of resolution for Taxable Tax Increment Revenue Note (Territorial Springs, LLC project) City Administrator Hansen reviewed the resolution for the revenue note for Territorial Springs. He stated that the resolution in the packet would have a couple minor changes relating to the amount of the note and terms. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2004-132, resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a taxable tax increment revenue note (Territorial Springs, LLC project), Series 2004, in an original aggregate principal amount not to exceed $2,905,000 and Resolution 2004-133, approval of Addendum No. 1 to contract for private redevelopment with Territorial Springs, LLC. Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of movina permit for Stillwater Mills on Main Community Development Director Russell reviewed the moving permit for Stillwater Mills on Main. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the moving permit. All in favor. STAFF REPORTS (continued) Community Development Director Russell stated that a letter from the Water Board would be received soon regarding the waiving of water availability charges for the North Hill. Councilmember Kriesel asked about the CDBG process. Mr. Russell stated that the process is underway. ADJOURNMENT Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adjourn at 8: 12 p.m. All in favor. ATTEST: ~~~ ~ aJz~~ Diane F. Ward, City Clerk Page 12 of 13 City Council Meeting - 04-13 June 15, 2004 Resolution 2004-129, directing payment of bills Resolution 2004-130, approval of change order for the North Hill Phase 2 project Resolution 2004-131, resolution for determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain for North Hill project Resolution 2004-132, resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a taxable tax increment revenue note (Territorial Springs, LLC project), Series 2004, in an original aggregate principal amount not to exceed $2,905,000 Resolution 2004-133, a approval of Addendum No. 1 to contract for private redevelopment with Territorial Springs, LLC. Page 13 of 13