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HomeMy WebLinkAbout2004-10-19 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-26 October 19, 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 Police Chief Dauffenbach 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 October 5, 2004 regular and recess meeting and October 13, 2004 special meeting minutes. All in favor. OPEN FORUM There were no public comments STAFF REPORTS Community Development Director Russell provided an update on the removal of the railroad tracks in the downtown. He stated that a resolution and possible ownership of the tracks may happen in the next couple of weeks and then staff will contract the removal of the tracks and restore the bed for parking in the north end of time. He also stated that the removal could possibly be done yet this year and that 80-100 additional parking stalls will be created from the removal of the tracks. Public Works Director Eckles made an announcement for the Friends of Stillwater Parks that they would be holding a Buckthorn Identification/Removal in the City Hall parking lot on October 31 from 10-11 a.m. City Administrator Hansen recommended that Council adopt findings for the new St. Croix River Crossing for the 2004 Supplemental Draft Environmental Impact and asked the Public Works Director to prepare a resolution. Council member Milbrandt and Kriesel felt that the "Do Nothing" is very detrimental to the community because of the cut through traffic in the neighborhoods. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2004-218, resolution establishing the City of Stillwater findings concerning the City Council Meeting - 04-26 October 19, 2004 2004 Supplemental Draft Environmental Impact Statement for the St. Croix River Crossing Project. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt the Consent Agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-214, directing payment of bills Resolution 2004-215, approving 2005 Health Insurance Premiums and City Contribution Resolution 2004-216, approving 2005 Dental Insurance Premiums and City Contribution Resolution 2004-217, possible approval of Agreement with Karen L. Richtman, d/b/a Service on a Shoestring, for Source Reduction Program for Schools Special Event Request - Carriaoe Rides - Becklin's Trainino Stables Mayor Kimble moved this item from New Business. Community Development Director Russell reviewed the special event request from Becklin's Training Stables to provide carriage rides in the downtown. He stated that the applicant would like to provide this service anytime in November and December 2004 and Friday, Saturday and Sundays from May through September. He stated that the Park Board, Heritage Preservation Commission and Downtown Parking Commission have reviewed the request. He stated that the Parks Board felt the use of Sam Bloomer Way would not impact Lowell Park and they did not want any sales or staging activity within Lowell Park. He continued, saying that the Downtown Parking Commission suggested a location in the South Main Parking lot that would not impact parking spaces and that any trucks or trailers should be parked in the Riverview Parking lot. The commission felt that a fee should be paid, however that the fee could be waived the first year to see if the activity is economic. He recommended that the route be coordinated with the Police Chief as he feels that the carriage should not intersect Chestnut Street at an uncontrolled intersection (River Parking Lot, Water Street or Second Street). Councilmember Rheinberger spoke in favor of the request. Council member Kriesel asked what the hours of operation would be. Ms. Robin Scholl stated that it would probably be between 10:00 a.m. - 9:00 p.m. and the horse would be trailered over night. Councilmember Junker clarified that the staging area would be in the South Main Parking lot. Page 2 of 7 City Council Meeting - 04-26 October 19, 2004 Council member Milbrandt spoke in favor of the request and that it is adjustable to be worked out with the Community Development Director and the Police Chief. Police Chief Dauffenbach explained the route in case of high water. He raised concerns if the operation does not use controlled intersections and when the water is not high the route should always be under the bridge. Motion by Council member Rheinberger, seconded by Council member Milbrandt to approve the special event subject to conditions that the Carriage Ridge customer pickup/drop off area shall be in the South Main Parking lot; the ride route shall be coordinated with the Police Chief, Becklin Training Stables shall pay $1,000 per year for the use of the City parking spaces (waived for the first year), any trucks or trailers shall be parked in the Riverview Parking Lot (corner of 3rd Street and Olive - by the Washington County Historic Courthouse), the owner shall pick up after the horses; the Parks Board, Downtown Parking Commission and City Council in the fall of 2005 will review the request to see how the activity does and if any changes in operation are needed, shall review the operations, operations for November and December 2004 are any day in November and December 2004 and operations for May through September would be on Fridays, Saturdays and Sundays. All in favor. PUBLIC HEARINGS Case No. SUPNI04-81. This is the day and time for the public hearina to consider an appeal of the Plannina Commission's decision on a reauest from Levern Stefan, property owner, and Four Star Development. applicant. for a Special Use Permit for a temporary sales trailer causina a variance to parkina reaulations for hardware store located at the corner of Mulberry and Main (225 North Main Street. Stillwater Mills on Main) in the CBD, Central Business District Community Development Director Russell reviewed the appeal to the Planning Commission's decision for a Special Use Permit for a temporary sales trailer causing a variance to parking regulations for the hardware store located at the corner of Mulberry and Main. He stated that the commission had concerns with parking impact and that previous conditions of approval for the site regarding parking and landscaping have not been met. He stated that the applicant for the trailer, Four Star Land Development has submitted a letter stating that they would landscape the boulevard as the previous Planning or HPC design, they would submit an escrow of 125% of the estimated cost of the landscaping which would be finished after the removal of the trailer and that the trailer would be removed by May 31,2005. He stated that the Planning Commission voted to deny 6-2. He also stated that the trailer would be used while Sammie's is being moved. Councilmember Milbrandt asked when Sammie's would be moved and out of service. Mr. Dave May stated that it should be moved to a temporary location by the end of the week. He stated that it is hopeful that Sammie's will be ready to go in the spring. Council member Milbrandt asked if the development company would still have an office located at the Chamber in conjunction with the trailer. Page 3 of 7 L City Council Meeting - 04-26 October 19, 2004 Mr. May stated that the office and trailer would have different uses. He stated that the building at the Chamber would be more for product demonstration and the trailer would be used for a "meet and greet" function. Mayor Kimble opened the public hearing. There were no public comments Mayor Kimble closed the public hearing. Councilmember Rheinberger spoke in favor of the temporary use for the sales trailer, it will allow close proximity from the sales office to the property. He stated that the request is temporary and during a slow period so it should not impact parking. Councilmember Kriesel stated that he would like to see the landscape escrow be presented prior to the sales trailer being put in place, that the landscaping be installed after the sales trailer is moved, and that the City share use of signage. Use of the parking shall be installed after the trailer is moved to comply with the original agreement. Councilmember Milbrandt stated that this is a unique situation because the conditions really are to the person of the property and not the sales trailer applicant. He suggested that the trailer be put on the public parking lot and that the City collect the rent for the trailer. Councilmember Junker stated that he expressed concern at the Planning Commission meeting of putting a sales trailer on the City owned lot that is supposed to be used on weekends when there is a sales office on Main Street. He felt that it was unfortunate that the City has to use this to get the conditions met that are over a year old that should have been met by the hardware store. He felt that taking more parking away from this area would affect the current businesses in the area. Council member Milbrandt agreed with Council member Junker in that the trailer could be construed as a construction trailer and could deter people from going to the north end of town and affecting those businesses. Mayor Kimble asked the applicant if they would be interested in moving the trailer. Mr. May stated that if the trailer is moved from the corner he would not be able to do anything with signs on the corner and that could impact the visibility of the sales office. Mayor Kimble stated that the plan would allow the original agreement conditions to be made because of financial issues of Mainstream Development. Councilmember Milbrandt felt that the original agreement should not be used on this applicant because Mainstream Development has not met its obligations. After considerable discussion there was a motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approval the Special Use Permit with the conditions of the landscape, the boulevard as proposed by the previous Planning or HPC design, the escrow in Page 4 of 7 City Council Meeting - 04-26 October 19, 2004 the amount of 125% of the estimated cost of landscaping as determined by the City will be held in escrow until the landscaping is finished next summer after the removal of the trailer and such escrow is payable to the City prior to the placement of the trailer, the trailer will be removed from the site before Friday, May 20, 2005, signage providing for shared use of the Hardware store parking lot as approved by the Community Development Director shall be installed on May 20; 2005 when the temporary sales trailer is removed. Ayes: Council members Kriesel, Rheinberger and Mayor Kimble Nays: Council members Milbrandt and Junker UNFINISHED BUSINESS Discussion on real estate siqnaqe (tabled from Auqust 17. 2004 meetinq) City Administrator Hansen reviewed the memo from Planner Fitzgerald. He stated that the real estate signage was stable at the August 17 meeting and that the memo includes staff concerns as well as information from Council member Milbrandt. Council member Milbrandt proposed that real estate' open house' signs advertising a particular home that is open for inspection by the public, have a limited number of hours that they may be placed on city right-of-way. The signs could be placed on the right-of- way a % hour before the open house, removed the same day immediately after the open house. A maximum of (4) four six square foot signs in residential district within a (4) four-block radius of the house for sale. The proposal does not include directional real estate signs or signs placed on right-of-ways by sales offices that are open eight hours a day. He stated that it has been done for many years and that instead of having an ordinance that is not enforced have an ordinance that outlines what can be done. He stated that these signs are not cheap and in talking to realtors they do remove these signs after the open house. Mayor Kimble agreed with Councilmember Milbrandt that the City has a reasonable ordinance, one it does not enforce. Councilmember Rheinberger felt that the ordinance should be the existing ordinance, no changes. He felt that the proposed change would recognize the reality and would insure further expansion under the term-implied exception. He stated that the current ordinance provides a chilling effect on use, by implying putting up signs at their own risk, therefore he concurs with the staff recommendation. Councilmember Kriesel stated that he is concerned that there are different standards between garage sales and real estate signs. He stated that right-of-ways are not to be used to place signs, it is for public use. Councilmember Junker stated that if garage sale signs are not allowed in the right-of- way he doesn't feel that real estate signs should be in the right-of-way and felt he could not vote in favor for this. Mayor Kimble stated that open house signs direct people to the open houses and that there are many people from Stillwater that may not know where a particular address is and this would provide direction to those homes for sale. Page 5 of 7 City Council Meeting - 04-26 October 19, 2004 City Attorney Magnuson recommended that Council direct staff to prepare a draft ordinance changing the sign ordinance for a first reading at the next meeting. Motion by Council member Milbrandt, seconded by Council member Junker directing staff to prepare a draft ordinance changing the sign ordinance which would incorporate that real estate 'open house' signs advertising a particular home that is open for inspection by the public, have a limited number of hours that they may be placed on city right-of-way. The signs could be placed on the right-of-way % hour before the open house removed the same day immediately after the open house. A maximum of (4) four six square foot signs in residential district within a (4) four-block radius of the house for sale. The proposal does not include directional real estate signs or signs placed on right-of-ways by sales offices that are open eight hours a day. Ayes: Councilmembers Milbrandt, Junker and Mayor Kimble Nays: Councilmembers Rheinberger and Kriesel Possible approval of resolution approvino Findinos of Fact. Conclusions and Order as it relates to Terra Sprinas. LLC. for a Final PUD approval and a variance to heioht (54 feet requested. 50 feet allowed) for Buildinq No.5 of Terra Sprinos Development containinq 36 residential units located at 650 North Main Street in the CBD. Central Business District. Motion by Council member Junker, seconded by Councilmember Kriesel to adopt Resolution 2004-219, adopting Findings of Fact, Conclusions and Order as it relates to Terra Springs, LLC. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Possible approval of proposal for the architectural study of the Staples and May's Addition Community Development Director Russell stated that RFP for the architectural survey was sent to 10 State approved historians and that one proposal was received. He stated that the Heritage Preservation Commission recommends the proposal received from Carmen Tschofen. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2004-220, approving proposal from Carmen Tschofen for the architectural survey for the Staples and Mays Addition. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Council member Milbrandt reminded the audience of the Annual Fish Fry put on by the Fire Department on Friday, October 22 from 5-7 p.m. at the VFW. Councilmember Kriesel thanked engineering staff for the Curve Crest handicap access. Page 6 of 7 City Council Meeting - 04-26 October 19, 2004 Public Works Director Eckles stated that the Deer Path project would be completed in approximately two weeks. ADJOURNMENT to Executive Session to discuss possible litigation. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adjourn the meeting at 8:43 p.m. All in favor. -#~~ J L. I I, . r ATTEST: ~Ct~~ d!itMd iane F. Ward, City Clerk Resolution 2004-214, directing payment of bills Resolution 2004-215, approving 2005 Health Insurance Premiums and City Contribution Resolution 2004-216, approving 2005 Dental Insurance Premiums and City Contribution Resolution 2004-217, possible approval of Agreement with Karen L. Richtman, d/b/a Service Resolution 2004-218, resolution establishing the City of Stillwater findings concerning the 2004 Supplemental Draft Environmental Impact Statement for the St. Croix River Crossing Project Resolution 2004-219, adopting Findings of Fact, Conclusions and Order as it relates to Terra Springs, LLC. Resolution 2004-220, approving proposal from Carmen Tschofen for the architectural survey for the Staples and Mays Addition Page 7 of 7