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HomeMy WebLinkAbout2004-11-09 CC MIN .' CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-27 November 9, 2004 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Community Development Director Russell Public Works Director Eckles Director of Administration Knauss City Clerk Ward OTHER BUSINESS Canvass of Election Results Council member Junker asked what was the voter turnout City Clerk Ward stated that the City's voter turnout was 82%. Motion by Council member Rheinberger, seconded by Council member Junker to adopt the canvass of election results. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None STAFF REPORTS Police Chief Dauffenbach explained that one of the older police cars needs a new engine and because of the age and mileage of the car it is not worth the expense for a new engine, and as of now the department is short of vehicles. He requested authorization to purchase a Ford Expedition 4X4 as one of the police vehicles that is budgeted in 2005 which is normally requested the first meeting in January for delivery in April. He stated that this vehicle would be received in February. Councilmember Milbrandt asked Chief Dauffenbach to explain the maintenance agreement on the consent agenda. Chief Dauffenbach explained that this agreement is for prepaid service work on new vehicles purchased to pay for service after the warranties have expired or preventative maintenance program. He explained that putting the maintenance agreement with the cost of the vehicle would allow it to be in the Capital expenditure rather than the Operations expenditure. City Council Meeting - 04-27 November 9,2004 Motion by Council member Milbrandt, seconded by Councilmember Rheinberger authorizing the purchase of a Ford Expedition to be delivered in February. All in favor. Director of Administration Knauss provided recognition to City Clerk Ward for the successful administration of the 2004 elections. Mayor Kimble, Councilmembers Kriesel and Milbrandt, and City Administrator Hansen stated that they also received positive comments from judges and Washington County on the administration of the election process. Public Works Director Eckles provided an update on the North Hill project and the Deer Path project. He also provided information on the Prison Wall project and that it will be done on a time and materials basis. He stated that at 2nd and Poplar there is a deep hole that will be used for ponding. He reviewed the letter received from Ms. Jane Schwartz. He also stated that Ms. Schwartz requested that her lilacs be replaced even though they were on City right-of-way, but they will be replaced after the project is completed. He stated that the contractor will be reshaping and grading Schulenburg Park and that there will be a gain of square footage to the park. He stated that the Planning Department sent out notices asking for input on the improvements for Schulenburg Park and the response was that the people would like to leave it basically as it was so Ms. Fitzgerald is working on plans for some improvements to the park and then have another neighborhood meeting and meet with the Park Board. Councilmember Junker asked if there have been any comments on the Deer Path change. Mr. Eckles stated that he personally has not heard comments, but that a staff person has received positive comment. Councilmember Kriesel stated that he has received good comments on Deer Path. Mayor Kimble stated that there is one resident on Brick Street that is not happy with the project. Council member Milbrandt asked about placing a temporary light on Manning Avenue. Mr. Eckles stated that the County has mentioned putting up a temporary traffic light; however there has been no definitive answer on that question. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger directing staff to prepare a formal letter to Washington County requesting a temporary traffic light at County Road 15 and County Road 12 for safety concerns until a permanent traffic light is placed at that intersection. All in favor. City Attorney Magnuson reviewed the ordinance relating to the sign ordinance and the direction given by Council at the last meeting. Council member Milbrandt stated that the ordinance should be consistent and requested the change that real estate sales provision for allowing signs on the right of way be Page 2 of 12 City Council Meeting - 04-27 November 9,2004 changed to be the same as for garage sale signs; that is that they can not be a nuisance, a safety hazard, or block the view of intersections. City Administrator Hansen requested that if Council had any questions or comments on the 2004-2008 CIP that was given to them today to contact him. He stated that the finance department did a great amount of work putting this document together Councilmember Milbrandt asked about the process to fill the anticipated vacant Council seat that will happen in January. City Attorney Magnuson explained that the process is up to the Council, it is a representative election. He stated that Council could request letters of intent or provide an application and resume. Mayor Kimble suggested that interested people submit a letter of interest and hold a special meeting to determine an appointment and have a decision made so that the person could be sworn in at the 2nd meeting in January. Councilmember Junker suggested that a number of questions be asked to have consistency in the process. After Council discussion it was the consensus of Council to direct the Director of Administration Knauss to prepare an application with questions and press release for Council review at the next meeting. Mayor Kimble stated that it would be appropriate to have a small reception as in the past the 1st meeting and prepare a plaque for the members of Council that have served the community during their term. Council member Milbrandt requested a workshop be placed on the December 7, 2004 4:30 agenda to discuss the ground rules for the 2005 Lumberjack Days event and receive a report on the finances of Lumberjack Days. Councilmember Kriesel asked about the status of the Human Rights Commission. Mayor Kimble provided an update and that the last meeting did not have a quorum, he is hoping there will be a quorum in the next couple of months and hopefully after January the new Council will be able to act on this issue. Mayor Kimble recessed the meeting at 5:20 p.m. RECESSED 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 Page 3 of 12 City Council Meeting - 04-27 November 9,2004 Others Present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Junker approval of October 19 regular meeting minutes and executive session minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kimble thanked City Clerk Ward for the successful administration of the 2004 elections and also thanked all the election judges, Sue Moore, Kathy Rogness, Sheila McNamara, Rose Holman, Chantell Knauss and Jason Crotty and Dave Fleischhacker of Public Works for their assistance during the process. Mayor Kimble informed the audience that the meeting is not being televised because of the change of the meeting due to the election and would be cablecast at a future date. OPEN FORUM There were no public comments CONSENT AGENDA Motion by Council member Rheinberger, seconded by Council member Milbrandt to approve the consent agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-221, directing payment of bills Resolution 2004-222, approval of agreement with SafeAssure consultants, inc. for OSHA and safety consultation Request to purchase laptop - Fire Department Request to purchase two computers - Fire Department and Recreation Center Approval of banner installation - Valley Chamber Chorale - November 15 through December 5 Resolution 2004-223, approving maintenance agreement for extended warranties for 2004 squad cars Resolution 2004-224, approving agreement with Johnson Radio Communications- Fire Resolution 2004-225, approving agreement with Jay Brothers for the Territorial Prison Wall Page 4 of 12 City Council Meeting - 04-27 November 9,2004 PUBLIC HEARINGS Case No. ZAM/04-o3. This is the date and time for a public hearina to consider a request from James H. Gilbert. representina Mikden of Stillwater. for a Zonina Map Amendment chanaing the zonina of Lots 1-7. Blk 1 Matt Hooley Addition (2001 Washington Avenue) from BP-I, Business Park Industrial to BP-C. Business Park Commercial. Community Development Director Russell reviewed the request. He stated that the original zoning of the property was Business Park Commerical and that a few years ago was changed to accommodate the current use of Business Park Industrial for the Andersen Corporation. He stated that the original use is consistent with the Comprehensive Plan and that the Planning Commission reviewed the request and recommended approval at their October 11, 2004 meeting. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Councilmember Rheinberger and Councilmember Junker spoke in favor of the rezoning. Motion by Council member Rheinberger, seconded by Council member Kriesel to approve the first reading of an ordinance for a zoning map amendment the zoning of Lots 1-7, Blk 1 Matt Hooley Addition (2001 Washington Avenue) from BP-I, Business Park Industrial to BP-C, Business Park Commercial. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. V/04-88. This is the date and time for a public hearina to consider an appeal of the Plannina Commission's decision on a request from Jack Buxell for a modification to a variance request to the heiaht reaulations (54 feet. 11 inches previously approved. 59 feet 6 inches requested) for the construction of a 68 unit condominium (59 units previously approved) with an underaround parking aaraae located at 501 North Main Street (The Lofts of Stillwater) in the CBO. Central Business District. Community Development Director Russell reviewed the appeal request. He stated that at their October 11, 2004 meeting the Planning Commission reviewed the request and there was discussion of the height shown on the plans of the original 2002 Planning Commission/Council approval. He stated that the applicant indicated that the height of the original approval was approximately 59 feet 6 inches, rather than the 54 feet 11 inches that was approved. He stated that the Planning Commission expressed concern for downtown building heights higher than the 4 stories, 50 foot downtown height limit and denied the request 5 to 1. Mr. Russell stated that since that meeting the applicant has met with HPC on an acceptable building design for either the 59 feet 6 inch building or the 54 feet 11 inch building. He also stated that, according to the Downtown Plan, this site was designated Page 5 of 12 City Council Meeting - 04-27 November 9, 2004 as "Special Site 3" which allowed a building as high as six (6) stories depending on design and adequate parking. Mayor Kimble opened the public hearing. Mr. Mark Saliterman, Lofts of Stillwater, Inc. provided a chronological update on the project and stated that there was a calculation error on the original height request. Mr. Jack Buxell, architect, provided a comparison of the building as presented in 2002 and 2004. He stated that the figure of 54' 11" to the mid-point of the roof that was originally approved was due to his mistake and that the 2002 plans proposed five story structure that was 49'6" to the mid-point of the roof as defined by city ordinance, 66'6" high to the roof ridge. He stated that the height has never changed, that the calculation was wrong. He provided visual drawings to explain the difference of the roof height and the look from Pioneer Park. Council member Milbrandt asked what the view from Pioneer Park would be. Mr. Buxell explained and provided drawings to show what the roofline would look like from Pioneer Park. There will be no mechanical equipment showing. Ms. Pat Amerien, 307 E. Laurel Street, spoke against the request and stated that developers should be held to the standard. Mayor Kimble explained that the building has always been five stories and explained guidelines of the zoning and why a variance may be requested. He stated that the Downtown Plan allowed six stories on this site, however the change is not the number of stories but the height of the roof. Mr. Paul Teske, 1812 North Broadway and member of the Planning Commission, stated that the use of the fifth floor has changed. He explained that the Planning Commission's position and their discussion felt there was height creep in the downtown. Council member Kriesel stated that six stories are not being considered that it is still only five stories. The downtown plan designation was to get development of this property. Mayor Kimble explained that the downtown plan had citizen input by the ward commission at the time the plan was developed. Mr. Howard Lieberman, Heritage Preservation Commission Chair, clarified a misstatement by the Stillwater Gazette. He stated that there are not two designs, just that the design is acceptable by the commission for either the shorter or taller building. He also stated that the developer and architect have bent over backwards to work with the City and its commissions and that it is a good design for this property downtown. Mayor Kimble closed the public hearing. Councilmember Rheinberger spoke in favor of the request and stated that it would have a lasting improvement and be a real value to the downtown. Page 6 of 12 City Council Meeting - 04-27 November 9, 2004 Councilmember Junker stated that the developer stated that this building does not have a front of a building, they have four fronts and when the developer recognizes that they want it to look great from all sides. He felt that this building would be a quality building for a long time. Councilmember Milbrandt stated that this building would be something to get used to but felt with Mr. Buxell's explanation that the difference of 5 feet will not make it a greater shock and he stated he is in support of the request. Councilmember Kriesel and Mayor Kimble commended the Planning Commission and Heritage Preservation Commission on their dedication to this project. Motion by Council member Rheinberger, seconded by Council member Kriesel to approve the request for a modification to a variance request to the height regulations (54 feet 11 inches previously approved, 59 feet 6 inches requested) for the construction of a 68 unit condominium (59 units previously approved) with an underground parking garage located at 501 North Main Street (The Lofts of Stillwater) in the CaD, Central Business District and directed the City Attorney to prepare a findings of fact for the next meeting. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 8: 17 p.m. Mayor Kimble reconvened the meeting at 8:30 p.m. Case No. SUP/04-18. This is the date and time for a public hearino to consider a request from David Evans. III. for a Special Use Permit to redevelop and reconfioure an existinQ marina at 2009 Lake Street in the RB. Two Familv Residential District. Bluffland/Shoreland District and Flood Plain District (DNR review required) and Case No. V/04-17. This is the date and time for a public hearino to consider a request from David Evans. III, for a variance to the Bluffland/Shoreland setback reoulations (40 feet required, 0 feet requested) for the construction of an addition (residence, service oaraoe, restrooms and marina common area) to an existino residence located at 2009 Lake Street in the RB, Two Familv Residential District. Bluffland/Shoreland District and Flood Plain District (DNR review required). Community Development Director Russell explained the request as it relates to the Bluffland/Shoreland for a Conditional Use Permit and Variance for an existing reconfigured and expanded marina. He stated that it appears expansion is not for additional slips but will have fewer slips than the preexisting marina because of a smaller marina site. He stated that the decision of the Council is referred to the Minnesota DNR for review and certification before final project approval. He stated that there was not a Special Use Permit for the previous owner of the marina and that this application will bring the marina into conformance with the marina regulations. He stated that the current maintenance garage is not on marina property and the owner has indicated they would remove the garage when the new maintenance building is constructed and remove the docks from the adjacent property when the marina is dredged. He stated that there were concerns from the neighborhood regarding light, noise and possible increase in height of the residence and that impact. He presented a Page 7 of 12 City Council Meeting - 04-27 November 9,2004 topographical map to show the elevation of the property and adjacent properties and that the properties would overlook the roof to the river. He stated that the Planning Commission approved the request and that if a decision is not made an extension of the 50-day rule will need to be done. Mayor Kimble opened the public hearing. Ms. Judy Foster, 2011 Schulenburg Alley, spoke against the request because concerns of the historical character of the neighborhood will be destroyed and concerned for traffic patterns in the neighborhood. She felt that the design of the new buildings is not taking into account the historical surroundings. She quoted from the historical study done in 1999 on the neighborhood. She asked that the study be taken into consideration to maintain the historical character of the neighborhood. She presented Council with picture of her view from her back yard. She asked the Council and the new owners to consider redesigning the buildings to maintain the historical character and not obscure the view of the homes above the marina. She stated that single story homes is the standard along this area and wishes it to be maintained. Community Development Director Russell stated that the height has been reduced from the standard of 35 mid-peak to 24 feet to the peak. Mayor Kimble stated that the building being torn down is not designed historical therefore the Council cannot stop the owner from tearing the building down. He stated that Council is very aware of maintaining affordable housing in the community, however if someone buys the property and demolishes the home to put up a new one, Council cannot stop that if the new building meets code. He explained that cities couldn't require design review except in certain areas. He stated that the use is not expanding from what has been there in the past. Ms. Eleanor Anderson, 2021 Schulenburg Alley, stated that the street sign is spelled wrong and that it should be a street because it is not an alley anymore. She provided a history of Mr. Rumpfs use of the property, her property and expressed concern on the height of the building and traffic in the area as a result of the marina. She suggested that people access from Hazel. She stated that something has to be done about the traffic because people travel too fast and there is not room for two cars with boats. Public Works Director Eckles stated that area would be too steep to build a road. Mayor Kimble stated that if the neighborhood would want the alley changed to street they could petition for the name change. Mr. Tony Kerschbaum, a neighbor above the marina, stated he was supportive of the improvement of the marina but was concerned that the height of the building would block his view. He felt that there should be consideration of the neighborhood view. Mayor Kimble explained that the only way to protect a person's view is to purchase the property as there are no rights to a view. He stated that the height has been reduced to 24 feet to the peak. Page 8 of 12 City Council Meeting - 04-27 November 9,2004 Ms. Anderson asked if there would be anymore commercial operations allowed in the area. Mayor Kimble stated that because this marina was already present, the marina could exist. However it is very unlikely that any Council would allow further commercial development in this area. Mayor Kimble closed the public hearing. Council member Rheinberger spoke in favor of the request provided that the new owners abide by the conditions of approval and felt that the improvement would be the first of many in the area and bring vitality to the area that has been non-existent for over 100 years, thereby enhancing home valuations and encourage positive incremental improvements by existing residents. Council member Milbrandt asked about the DNR approval. Council member Milbrandt and Junker stated that any improvement to the marina would be a great enhancement to the area. Community Development Director explained that the DNR has to certify the City's action within 30 days and if they do not certify there is no approval. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt approving the Special Use Permit and directing the City Attorney to prepare Findings of Fact for the November 16, 2004 meeting. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Motion by Council member Rheinberger, seconded by Council member Junker to approve the Variance and directing the City Attorney to prepare Findings of Fact for the November 16, 2004 meeting. Ayes: Council members Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. SV/04-85. This is the date and time for a public hearinQ to consider a request from John and Katherine Schoenecker for a street vacation for a portion of North First (from the south edQe of Willow Street to a point 150 feet south) located near 301 E Willow Street in the RA. SinQle Familv Residential District. Community Development Director Russell reviewed the request for a street vacation. He stated the request is to enable the Schoeneckers to construct a garage. The Planning Commission reviewed the request and recommended denial because it would deny access to 1818 N 1 st Street and the lot south of that lot. Mayor Kimble opened the public hearing. Page 9 of 12 City Council Meeting - 04-27 November 9, 2004 Mr. John Schoencker, applicant, requested the vacation be granted. He stated that the terrain and elevation change in this area as a single roadway is not an option because of the difference in height of the right-of-way. He stated that a solution would be to vacate the east 30 feet rather than the entire street. Ms. Deb Johnson, 1824 N. 1st Street, spoke in support of the request and felt that an easement for utilities or access to the vacant lots could be a solution. Mr. Paul Teske, 1812 Broadway, spoke in favor of the request. He felt it would create a positive benefit to the neighborhood. Mr. Virgil Plattner, 1813 N. Second St., stated as the request is presented that his lot 1801 would not have access. He stated that he would be in favor of an easement for the east 30 feet therefore retaining the west 30 feet for access to his property. Mayor Kimble explained that an easement is not possible, but municipal license may be allowed. Mr. Lee Shather, 1801 2nd Street, stated that he would support the granting of a license if it was only the east 30 feet of the roadway still allowing access to his lot. Mayor Kimble closed the public hearing. Council member Rheinberger stated that he would support the request or granting a municipal license with only the east 30 feet which could be revoked should the City require the use of the right-of-way, that the applicant would be taking the risk, not the City. City Attorney Magnuson stated the best way is to grant a municipal license, however it is revocable. Council member Junker stated that a license would give accessibility to the lots should the property owners want to develop their property. Mayor Kimble asked the Schoeneckers, Mr. Plattner, and Mr. Shather if that was acceptable to them. They all responded that a municipal license would satisfy their concerns. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2004-226, approving the issuance of a municipal license to John and Katherine Schoenecker and directing City Attorney Magnuson and Public Works Director Eckles to prepare a Municipal License with the Schoeneckers. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 10 of 12 City Council Meeting - 04-27 November 9,2004 UNFINISHED BUSINESS Possible first readina of ordinance amendina the sian ordinance Motion by Council member Rheinberger, seconded by Council member to approve the first reading of an ordinance amending the sign ordinance with the change that that real estate sales provision for allowing signs on the right of way be changed to be the same as for garage sale signs; that is that they can not be a nuisance, a safety hazard, or block the view of intersections. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Adoption of resolution for adiustments to the North Hill Assessment Roll Public Works Director Eckles stated that staff found a couple of errors in the assessment roll, that the property at 1 River Heights Drive had street improvements and was omitted from the roll and the owner has signed a waiver of appeal and agreement of assessment. He stated that the second error was at 2015 Lake Street that is a vacant lot that was assessed and should not have been, but charged a hookup charge if and when the property is developed. Motion by Councilmember Kriesel, seconded by Council member Rheinberger to adopt Resolution 2004-228, resolution adopting assessment for the North Hill Sewer Improvement Project (Project 2000-15). NEW BUSINESS There was no new business. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 9:42 p.m. All in favor. ~ ATTEST: ~ ~ iI)~d- Diane F. Ward, City Clerk Resolution 2004-221, directing payment of bills Resolution 2004-222, approval of agreement with SafeAssure consultants, inc. for OSHA and safety consultation Page 11 of 12 City Council Meeting - 04-27 November 9, 2004 Resolution 2004-223, approving maintenance agreement for extended warranties for 2004 squad cars Resolution 2004-224, approving agreement with Johnson Radio Communications - Fire Resolution 2004-225, approving agreement with Jay Brothers for the Territorial Prison Wall Resolution 2004-226, approving the issuance of a municipal license to John and Katherine Schoenecker Resolution 2004-227, not used Resolution 2004-228, resolution adopting assessment for the North Hill Sewer Improvement Project (Project 2000-15). Page 12 of 12