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HomeMy WebLinkAbout2004-09-21 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-22 September 21, 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 City Attorney Magnuson Public Works Director Eckles Finance Director Harrison Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger seconded by Councilmember Junker to approve the September 7, 2004 regular and recessed minutes and September 15, 2004 special meeting minutes with the correction of "Broch" to "Kroc" in the September 7, 2004 minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS None OPEN FORUM None STAFF REPORTS Public Works Director Eckles stated that the contractor for the Main Street parking improvement has requested a time extension on the completion of the project. He stated that the contractor has requested this extension due to the lateness of the construction season and the associated season-end crunch. He stated that the contractor would begin the work in mid-April 2005 and have the project completed before Memorial Day weekend. Motion by Councilmember Rheinberger, seconded by Council member Junker adopting Resolution 2004-194, approving the time extension request by Tower Asphalt for the Main Street parking improvement. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None City Administrator Hansen reminded Council of the meeting with Oak Park Heights and Mn/DOT on Wednesday, September 22, 2004 at 6:00 p.m. City Council Meeting - 04-22 September 21, 2004 City Administrator Hansen stated that he has received a request to place a flyer in the City's newsletter relating to the Cut & Cover option. He stated that the newsletter is for city information however has inserted information from the Chamber in the past. He continued by saying that Ms. Gail Pundsack has put a great amount of work into this project and her flyer probably would be valuable in getting additional public comment, however he had concerns that the flyer is biased in favor of the concept, and if this were a City insert it would be a more balance approach. He felt that the decision to insert the flyer in the City's newsletter was a Council decision rather than one he should make. Councilmember Rheinberger stated he was in favor of inserting the flyer into the newsletter to get additional public comment. Councilmember Milbrandt stated that he is a strong advocate of the getting the Cut and Cover into the EIS, however in the past information such as this has been reviewed and revised to have a more unbiased approach and felt that maybe the Chamber newsletter would be a better venue for this flyer. He was afraid that allowing this would possibly be an opening for other organizations to use the City's newsletter as a venue for promoting their issues. Mayor Kimble agreed with Council member Milbrandt that it is biased and it does not seem appropriate to put in the City newsletter. He stated that the two city councils would be meeting to discuss the cut and cover option tomorrow. He also stated that the EIS is out for public comment until October 6. He stated that he is also supportive of the Cut and Cover concept. He stated that the City Council has not approved the concept and it won't be discussed until tomorrow's meeting. Council member Junker stated that at the Chamber meeting it was discussed that it would go out as a separate mailing, however they must have done some research as to cost of mailing and thought it would be advantageous to put it with the City's newsletter. He agreed that it may not be as unbiased as possible, but they are trying to get this into as many hands as possible. He also agreed with Councilmember Milbrandt that he does not want the possible approval to be construed as a venue for other organizations to use. Councilmember Kriesel stated he would be in favor of the insert if there were a disclaimer on the material. He felt that one of the criticisms Council gets is the communication of issues such as this. He stated he is uncomfortable with the biased part of it, but felt it would be beneficial to the citizens. Motion by Council member Rheinberger, seconded by Councilmember Kriesel to allow the Cut and Cover insert to be placed in the City's newsletter if the timing allows. Ayes: Councilmembers Kriesel, Rheinberger, Junker Nays: Council member Milbrandt and Mayor Kimble CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. Page 2 of 9 City Council Meeting - 04-22 September 21,2004 Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-190, directing payment of bills Resolution 2004-191, Approving 2004 and 2005 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Approval to purchase two 8401 Rain Train raveling portable sprinklers hose - Parks Department Approval of renewal of contract with lnegra for T1 line - MIS Approval of banner installation - Merry Mall - November 13, 2004 - St. Michaels CCW Approval of request from Elks Lodge for Lily Lake Tennis Courts for sale of Christmas trees Resolution 2004-192, approval of maintenance agreements for three large scale laser printers - MIS Approval to release funds from 2004 capital budget - Library PUBLIC HEARINGS Case No. ZAM/04-02. This is the day and time for the public hearina to consider a reauest from Richard and Leah Peterson for a Zonina Map Amendment chanainq the zoninq of a 1 .5 acres parcel located at 7160 Mid Oaks Avenue from Aqricultural Preservation (AP) to Lakeshore Residential (LR). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 10.2004. Community Development Director Russell stated that the Planning Commission held a public hearing on the zoning amendment request on July 12 and that the Joint Board held a public hearing on August 25. He stated that both bodies approved the request as consistent with the City's Comprehensive Plan and recommended it for approval to the City Council. He reviewed the request and stated that this zoning designation is consistent with the large lot single family comprehensive plan proposed land use designation and the Lakeshore Zoning applied to similar lakeshore parcels on the west side of Long Lake. He continued by saying that the request has neighborhood opposition because they feel it would change the character of the area. He stated that the existing zoning AP is an orderly annexation holding zone anticipating change to the comprehensive plan land use designation. He stated that all properties that are first annexed to Stillwater are designated AP until the conforming comprehensive plan/zoning is reviewed and approved by the Planning Commission, Joint Board and City Council. Mayor Kimble opened the public hearing. Mr. Richard Peterson, 7160 Mid Oaks Avenue, applicant, stated that they have been looking for a smaller home, but have not found a place that is similar to what they have. He stated that he would like to split the lot and build a smaller home. He stated he understands his neighbor's concerns regarding the character of the neighborhood and the last thing he wants is to change that and felt that this request would not change the character. He also stated that the covenants expired in 2001 and would have expired in 2003 according to state statute. He stated that the zoning request would be consistent with the Comprehensive Plan. He stated that the seven lots on the west side of Mid Oaks are all non-conforming uses and will remain non-conforming uses until the zoning Page 3 of 9 1_______ City Council Meeting - 04-22 September 21, 2004 gets modified according to the Comprehensive Plan. He stated that the lots in the area are so large that they weren't required to get a notice of this request. He stated that their immediate neighbor to the south, Kay and Don Peterson, 7130 Mid Oaks, have submitted a letter not objecting to the request, and received a letter from the Dustins who live across the street and they do not oppose the request. He also stated Dr. Kranz has said he is not opposed to the request, but has not submitted a letter or attended any of the hearings and that one neighbor, the Burns, are opposed to the request. Mr. Peterson stated that one issue that Mr. Keane of Leonard, Street and Deinard mentions in his letter is related to spot zoning. He stated that the City, in its Comprehensive Plan, has determined this area should be large lot residential and that properties across the street are already zoned smaller lot residential and does not meet any of the normal tests for spot zoning. He felt that the planning was done during the Comprehensive Plan process. He stated that the home will not be seen from the road and this will not change the character. He stated that the neighborhood is concerned about the cascade of development in the area and that the only cascade in development would be if the residents want to develop their lots and the lots across the street could be subdivided into 10,000 square foot lots, if they so chose to do that. He felt that many of the lots don't have the room to develop due to wetlands or the lake. He addressed the appraisal on the Kramer property and stated that the property is more than a city block from their home. He stated that before they put their home on the market they had two market analyses done and both stated that it would have minor to no impact on the value of the homes. Ms. Louise Jones, 7079 Mid Oaks, reviewed the history of the area. She stated that her and her husband looked for land for over 6 months before they found their present home and have been there for 29 years. She felt that the zoning has never meshed with the Comprehensive Plan. She stated that even though the original plat didn't mesh with the zoning across the street the clerk, mayor and town board signed the original plat to leave it this way and it was agreed to leave it that way. She stated that the people in this area signed covenants to have this area the way it is. She also stated that at none of the meetings she has attended has there been anyone speaking in favor of the request, except for the Petersons. She didn't understand why the Council would want to change their neighborhood and that if the request is approved it will set a precedent and felt this is not a vision that any Planning Commission or Council vision of this area would want to see. She felt it was a bad idea. She felt her neighborhood is different, wants it to stay different and is concerned that what is built will have an impact on their property value. She stated that even though she wants the Petersons to stay, what they are doing is not in the best interest of the neighborhood. Ms. Deidre Kramer, 7100 Mid Oaks, asked ifthe Council received the letter from the neighbors and her letter against the request. Council acknowledged that they had the letters. She stated that she has spoken at all the meetings and stated they have retained an attorney who specializes in this area who will speak later. She stated that large lots define the uniqueness of their neighborhood in the City of Stillwater, respect for the lake and natural features of the land and can be only maintained by the integrity of the large lots in the area. She believes that the property values will be adversely affected if the subdivision is approved. She stated that when they bought their home they relied on the fact that the neighborhood would retain its character. She stated Page 4 of 9 City Council Meeting - 04-22 September 21, 2004 there are two decisions that appear to be in conflict, the plat in 1973 and the Comprehensive Plan in 1996. She stated that the Peterson's proposal is a very bad idea because it is building near a wetland, establishing a small lot amidst lots that are twice the size and there is significant neighborhood opposition. She felt that the City was meant to protect them from these ideas and that the City created this dilemma when the Comprehensive Plan was developed and asked the City to make a correction to the Comprehensive Plan. She stated that Mr. Peterson's offer to draft covenants after he would get to subdivide and didn't think that was a good deal. She encouraged the Council to create a new zoning category that will protect the neighborhood. Mr. Charlie King, 7030 Mid Oaks, spoke against the rezoning and asked Council to protect and preserve the character of the neighborhood. Mr. Edward Otis, Stillwater Township, stated that because his property is similar and could be annexed in 2015, that what Council does today could impact his property as well. He stated that he attended many of the Comprehensive Plan meetings. He stated that things have changed since the agreement of annexation. He stated it is very confusing to understand what the City is doing. He read from the original comprehensive plan and asked why is the history of downtown and its neighborhoods any different than the history of a neighborhood that has been here for a long time. He also stated that this area is also unique and should remain as it is. He asked that Council allow the diversity of neighborhoods in the community. Ms. Heidi Burns, 7190 Mid Oaks, spoke against the request because it will change the character, charm and uniqueness of the neighborhood and felt the property values will suffer. She also felt that the City has a responsibility to protect its citizens and it should realize how it will affect this neighborhood. Mr. Dave Jones, 7079 Mid Oaks, asked for a special zoning for the neighborhood to maintain its character of the neighborhood. He stated that he has talked to most of the neighbors who have provided affidavits not opposed to the request and he felt that not being opposed doesn't mean they are in favor because it is very hard for neighbors to say it is a bad idea and didn't feel that Mr. Peterson may not have the support he portrays he has. Mr. Richard Huelsmann, 12610 62nd Street N, stated that there was a similar situation on 62nd Street and requested at that time that the zoning and Comprehensive Plan be reconciled and made clear. He stated that the requestor of the subdivision on 62nd Street assured the residents that a fine group of homes would be in this subdivision, however now a Wausau home is being constructed on a lot. He stated that there were many meetings prior to the annexation and many concerns were brought up. They did not want to be brought into the City, but they were assured that these residents would be taken care of and were assured by the Township Board and representatives of the City that there would be no subnitive changes to essence of the existing zoning. He stated that he has been disappointed enough times that if Council grants this request he is willing to support anyone physically and financially to bring this issue to a head. He felt that it is time to clarify these issues and not have people's lives disrupted. He stated that they were led to believe that the paragraph on Page 3.7 of the 1996 Comprehensive Plan entitled "Semi-Rural Land Use" covered their situations, which he quoted. He stated that there are two parts to the AP zoning the first part to preserve Page 5 of 9 City Council Meeting - 04-22 September 21, 2004 open space and natural areas and that the second part is being misinterpreted and misapplied. He felt that people are using a loophole and not interpreting the entire paragraph relating to the AP zoning. He stated he raised concerns and was told they were grand fathered in and nothing will happen. He requested that any further spot zoning be put on hold until a thorough review is considered and the inconsistencies in the Comprehensive Plan and related zoning are reviewed and resolved. He stated that at the last joint board meeting Councilmembers Milbrandt and Junker recommended such a review and institutes a moratorium until it is resolved. ) . Mr. Tim Keane, Leonard, Street & Deinard, representing Wes and Deirdre Kramer spoke in opposition to the request. He provided his background to the Council. He stated that the problem is the in-between land use pattern and it's not a solid fit between zoning and the Comprehensive Plan. He stated that Mr. Huelsmann gave a terrific analysis of the purpose and application of the AP zoning district, the history of these very important neighborhoods and the need for their preservation. He stated that he could not find a policy supporting this rezoning of the Comprehensive Plan, except for Mr. Huelsmann's quotation of the plan, but on page 3.5 of the land use element, which mentions that the City strongly supports measures to preserve natural resource and open space area and to maintain area unique, natural and historic character. He also stated that the zoning ordinance requiring the Council reach certain findings in amending the zoning ordinance. He stated that he doesn't see any public necessity to warrant the amendment; there is private benefit here at the detriment of others, it should not be supported. He stated that the Kremer's appraisal states that this request has no benefit to the Kramer's or the neighbors but will have an adverse affect on their home value. He stated that looking at the proposed zoning and it is spot zoning, which meets the definition of spot zoning. Mr. Don McKenzie, 12620 72nd Street, stated that the lakeshore on the lot is only 50 feet and that is unusual for Long Lake. He requested that change be made to increase the lakeshore. Mr. Peterson stated that he would be willing to make the lakeshore larger because it depends on how the lot is configured and that has not been determined until a decision is made on the zoning. He responded to Mr. Keane's spot zoning comment in that the planning was done with the Comp Plan and that some of the properties surrounding this area are much smaller. He stated that State Statute states that within 9 months of adopting a Comprehensive Plan the zoning must be changed to fit the plan. He stated that it would not look any different. Mayor Kimble closed the public hearing. City Attorney Magnuson stated that it is true that there is a statute that when there is a change in the Comprehensive Plan the zoning must be changed to fit the plan. He reviewed the history of the Comprehensive Plan process, annexation agreement, and the designation of agricultural. He felt that if the property were zoned commercial it would be spot zoning, but with the property that surrounds it did not feel it was spot zoning. Council member Rheinberger spoke in favor of the zoning map change because the property owners had 25 years notice that it could be coming with the covenants to Page 6 of 9 City Council Meeting - 04-22 September 21, 2004 expire in 2001 and they did not renew those covenants and that the annexation agreement provided an agreed upon mechanism on how zoning would be changed. He felt that no one took any corrective actions and all parties had sufficient notice to make corrections or provide protective covenants. Councilmember Junker asked if this is the time to review a larger zoning designation. Community Development Director Russell stated that it should be discussed as a separate issue and not as part of this review. He reviewed the history of the designation of the zoning of the areas of Mid Oaks, 62nd Street, etc. and stated that when this was discussed there were two sides, one to preserve the character of the area and the others who wanted to be able to subdivide their land. City Attorney Magnuson stated that the annexation agreement holds a lot of protection for homes brought into the City without urban services. He stated that Mid Oaks already has sewer and water. Councilmember Kriesel was concerned that the residents did not preserve this area by renewing the covenants and asked if there was thought to zoning to preserve the character at the time. Mr. Russell stated that the agreement was to provide options to the residents whether they wanted to subdivide or not subdivide. Councilmember Junker stated the Mid Oaks area is unique and can control its own destiny, however he wants to be consistent with the Comprehensive Plan. Council member Milbrandt stated it does not feel right and felt he would have to vote against the request because there are some unique areas in Stillwater and they should be preserved. He also stated that if it does pass that Council direct staff to look at all the AP areas. Mayor Kimble asked could a moratorium be done until this issue is resolved. City Attorney Magnuson advised the Council that he would have to check on a moratorium issue because there have been some changes, however this request can not be tabled to study this issue because of the 60-day rule. Motion by Council member Rheinberger, seconded by Council member Junker approving the first reading of an ordinance amending the zoning map and directing City Attorney Magnuson to prepare findings. Ayes: Councilmember Rheinberger, Junker, and Mayor Kimble Nays: Councilmembers Milbrandt and Kriesel Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger directing staff to review all the AP areas. All in favor. Mayor Kimble recessed the meeting at 8:00 p.m. Page 7 of 9 City Council Meeting - 04-22 September 21, 2004 Mayor Kimble reconvened the meeting at 8:15 p.m. UNFINISHED BUSINESS None NEW BUSINESS Possible approval of liquor license transfer from Timber LodQe Inc.. DBA: Timber Lodoe Steakhouse to Ponies Sports Bar and Grill. Inc. DBA: Ponies Sports Bar and Grill Mayor Kimble reviewed the memo from City Clerk Ward regarding the liquor license transfer to the Ponies Sports Bar and Grill, Inc., subject to approval by police, fire, building inspection, finance and liquor control. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-195, approving transfer of on-sale and Sunday intoxicating liquor license for Ponies Sports Bar & Grill, Inc., DBA: Ponies Sports Bar & Grill for the Year 2004. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible authorization for feasibilitv report for 2005 street improvement Public Works Director Eckles requested authorization to proceed with a feasibility report for the 2005 street improvements. He stated that staff has updated the Pavement Management Study and that that following have a pavement rating of poor or worst. He stated that the improvements would include street, sidewalk, sewer, water and storm sewer improvements on Hancock Street from Third to Seventh Street, Fifth Street from Orleans to Churchill, Marsh Street from Third to Sixth Street, Owens Street from Olive Street to Willard Street, Ramsey, Oak, Olive and Willard Street from Greeley to Owens and Deerpath and Deerpath Court. Councilmember Milbrandt requested that an alternative be added so that if bids come in lower that additional streets be added to the project. He also requested that a map of street improvements by year be given to Council for reference. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2004-196, resolution ordering preparation of report for 2005 street improvements. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible bid award for pedestrian ramp proiect Public Works Director Eckles stated that there are a fair amount of intersections in the City that have curb radii without proper pedestrian ramps. He stated that ramps were last improved in 2003 with approximately 120 ramps improved. He stated that various Page 8 of 9 City Council Meeting - 04-22 September 21,2004 intersections would be improved and that the low quote for the project is from Bailey Construction in the amount of $27,235.00. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-197, accepting quotes and awarding contract for pedestrian ramp improvement. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COMMUNICATIONS/REQUESTS Mayor Kimble stated that Council received communications commending the City staff and contractor on their performance and treatment of the residents during the construction of the North Hill project. COUNCIL REQUEST ITEMS Councilmember Junker commended Mr. Eckles and his staff in Public Works on the great job they did on Lowell Park. ADJOURNMENT Motion by Councilmember Kriesel, seconded by Councilmember Rheinberger to adjourn the meeting at 9:18 p.m. All in favor. ATTEST: j)~b~ ~ iI)~cL Diane F. Ward, City Clerk Resolution 2004-190, directing payment of bills Resolution 2004-191, Approving 2004 and 2005 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Resolution 2004-192, approval of maintenance agreements for three large scale laser printers - MIS Resolution 2004-193, Not Used Resolution 2004-194, approving the time extension request by Tower Asphalt for the Main Street parking improvement. Resolution 2004-195, approving transfer of on-sale and Sunday intoxicating liquor license for Ponies Sports Bar & Grill, Inc., DBA: Ponies Sports Bar & Grill for the Year 2004. Resolution 2004-196, resolution ordering preparation of report for 2005 street improvements. Resolution 2004-197, accepting quotes and awarding contract for pedestrian ramp improvement Page 9 of 9