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HomeMy WebLinkAbout2005-01-04 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 05-01 January 4, 2005 REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilmembers Rheinberger, Junker, Milbrandt and Mayor Kimble Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Rheinberger, seconded by Council member Junker, to approve the Dec. 21, 2004, City Council regular meeting minutes. All in favor. OTHER BUSINESS Acceptance of resiqnation letter from Council member Kriesel Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt, to accept the letter of resignation from Council member Kriesel effective January 3, 2005. All in favor. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward administered the Oath of Office to Mr. Ken Harycki - Ward 2 and Mr. Wally Milbrandt - Ward 3. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 7:05 p.m. All in favor. Mayor Kimble called the meeting to order at 7:40 p.m. Present: Council members Harycki, Junker, Milbrandt and Mayor Kimble Others Present: City Administrator Hansen City Attorney Magnuson City Council Minutes - 05-01 January 4, 2005 Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Director of Administration Knauss City Clerk Ward RECOGNITION OF OUTGOING COUNCILMEMBERS Motion by Council member Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-05 commending outgoing Councilmember Gary Kriesel and Resolution 2005-06 commending outgoing Councilmember John Rheinberger for their service to the City. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Mr. Rheinberger and Mr. Kriesel both expressed their thanks for the opportunity to serve. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Colleen Danford, director of the Lucy Winton Sell Athletic Fields, and David Hartwell, president of Selwin, appeared regarding a request for funding for the Lucy Winton Sell athletic complex. Mr. Hartwell gave a brief history of the complex, which began with a partnership with the VAA and St. Croix Soccer Club. The complex has eight soccer fields and four baseball fields. Mr. Hartwell pointed out the complex was started with $3 million in private money. The City was asked to contribute $80,000 over a four-year period. The City gave an initial contribution of $20,000 for 2004 and said to come back with future funding requests. Ms. Danford reviewed how the 2004 funding was spent; bleachers, benches and trash receptacles were purchased. If additional funding is granted for 2005, she said the intent would be to use the money to purchase concrete pads for the bleachers, purchase pedestal picnic tables for the ball field areas, and possible additional parking improvements. City Administrator Hansen stated the funding request was included in the City's 2005 budget and, in fact, was included in this meeting's list of bills to be paid. Mr. Junker stated he thought this was money well spent considering the number of area youth who use the fields. Ms. Danford and Mr. Hartwell thanked the City for its contribution. Ms. Danford said paid invoices for 2004 purchases were available if the City desired them. Mr. Hansen said those would be helpful for the City's records. Page 2 of 9 City Council Minutes - 05-01 January 4, 2005 OPEN FORUM Leah Peterson, 7160 Mid Oaks, appeared to urge the City to enforce its policy that sidewalks must be cleared of snow and ice within 24 hours of a snowfall. She thanked the City for its trails and other walking opportunities but stated that she was recently walking in the downtown area and found that 13 sidewalks in the North Main Street area had not been shoveled after a recent ice storm. She urged the City to start enforcing its ordinance, especially in the downtown area, and suggested that perhaps Sentence to Serve people might be used. Mayor Kimble asked Public Works Director Eckles about the status of the clearing of walks/steps. Mr. Eckles said the recent ice storm was a "challenge"; he said most trails have been cleared. Councilmember Milbrandt pointed out that in the past the Park Soard has directed Public Works to make clearing trails a priority. Mayor Kimble noted that enforcement is a problem and said the City can only encouraged people to clear their walks in a timely fashion; hopefully, he said, as the season progresses, people will be doing a better job. STAFF REPORTS Police Chief Dauffenbach reminded residents that the City's odd-even winter parking ordinance is being enforced. Parking is allowed on even-numbered sides of the street on even-numbered calendar days and on the odd-numbered sides of the street on odd- numbered calendar days. The changeover period is from 7 p.m. until midnight. Fire Chief Glaser reminded people to be "fire conscious and fire safe." He said there have been two costly house fires recently, one on Christmas Eve and another just after the start of the new year. He said the fire department's new truck was very effective in both instances. Unfortunately, both fires resulted in major damage to the structures. Mayor Kimble expressed the City's condolences to the people affected by the two fires. CONSENT AGENDA Motion by Council member Junker, seconded by Councilmember Milbrandt, to approve the consent agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Resolution 2005-01, directing payment of bills Resolution 2005-02, approving renewal of Agreement with The Sand Creek Group for 2005 Employee Assistance Program (EAP) Services Resolution 2005-03, designation of depositories for 2005 Resolution 2005-04, fees for services/publications Possible approval to purchase two squad cars - Police Resolution 2005-07, approval to solicit quotes on capital outlay items not on State Sid Page 3 of 9 City Council Minutes - 05-01 January 4, 2005 Resolution 2005-08, approval to order and purchase dump truck, street sweeper, lawn Sweeper and 1-ton dump truck under the State Bid Resolution 2005-09, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater, establishing compliance with reimbursement bond regulations under the Internal Revenue Code Approval of release of funds for purchase of copier - Library PUBLIC HEARINGS Case No. V/04-94. This is the date and time for a public hearinq to consider an appeal of the Planninq Commission's decision on a request from Jeanne Haapala and Nancy Walsh for a variance to the front and steep slope setback (front - 30 feet required. 25 feet proposed and steep slope - 30 feet required, 0 feet proposed) and a variance to the developable lot size requirement (10,000 square feet required, +,- 5,000 square feet existinq) to construct a two- stOry residence on Lot 39, Block 7 Carli and Schulenberqs Addition (between 1221 and 1306 North Broadway Street) in the RA. Sinqle Family Residential District. Community Development Director Russell reviewed the request. He stated the Planning Commission hearing on the Case resulted in a 3-3 vote, in effect denying the request. He stated the City had received five letters in support of the request, which were included in the agenda packet. Staff is recommending six conditions of approval, he said. Mayor Kimble opened the public hearing. Applicant Jeanne Haapala gave a Power Point presentation which included numerous photos. She noted that this is a long-standing lot of record. The current market value of the lot is $127,000, not consistent with a "remnant" parcel. She said the applicants were aware there was a development moratorium until water and sewer services were available; the North Hill project has been completed and the lot is stubbed for sewer/water. She said the design goals are: to construct a home that blends into the existing neighborhood, use the natural elements of the site, minimize the footprint of the structure, minimize impact of trees. The presentation also included views of the various elevations of the proposed structure, a two-story bungalow, 22' 6" in height. Ms. Haapala said the applicants are aware of and in agreement with the six recommended conditions of approval: that the forester review plans; that the city engineer review and approval the drainage and erosion plan; that the structure be of earth tones; that a front yard landscaping plan be prepared and installed before occupancy; that removal of trees be limited to the area of construction; and that the $25,000 sewer/water connection fee be paid. Ms. Haapala noted that the majority of the house would be constructed on the flat area of the lot, and that encroachment of the slope would be minimal. The presentation included photos of where the home would be located. She noted there is a hardship Page 4 of 9 City Council Minutes - 05-01 January 4, 2005 created by the slope, stating that some homes in the area involve more substantial use of the slope than their proposal. She also referred to the letters of support. No other comments were received, and Mayor Kimble closed the public hearing. Councilmember Milbrandt said he thought the applicants had done everything to be as environmentally sensitive as possible and moved approval of the variances. Mr. Junker agreed that the proposed plans are the right use for that particular lot Motion by Council member Milbrandt, seconded by Councilmember Harycki to approve the requested variances. All in favor Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Case No. ZAT/04-01. This is the date and time for a public hearinq to consider a request from the City of Stillwater for a Zoninq Text Amendment chanqinq the requlation of nonconformities (land use and buildinqs) allowinq continuance of such conformities in certain situations consistent with Minnesota Statutes. Community Development Director Russell reviewed the request. He said the change is required to be consistent with recent changes to the State Statute. He said it was the recommendation of the Planning Commission that the period for rebuilding a structure destroyed by fire or similar disaster be extended from 180 days, in state law, to one year. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Motion by Council member Milbrandt, seconded by Council member Junker approving the first reading of the Zoning Text Amendment. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None NEW BUSINESS Mayor Kimble recognized members of Ms. Ferguson's class from Stillwater Area High School who were in attendance at the meeting. Approval of annual Bocce Ball Tournament on Saturday, Feb. 19 - Brine's Police Chief Dauffenbach said the request represents the 13th annual bocce ball tournament, which in the past has been a good success in bringing folks to town on a Page 5 of 9 City Council Minutes - 05-01 January 4, 2005 low traffic weekend. He said the request has changed this year in that Brine's is requesting to block off a portion of Water Street. Gerry Brine was in attendance. He stated the request to block off a portion of Water Street is to better contain and control the area; they also plan to use snow fencing. Traffic will still be able to get through using Water Street, he said. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to approve the tournament on Saturday, Feb. 19, and allowing a portion of Water Street to be blocked off. All in favor. Possible approval of siqnaqe request - Library Community Development Director Russell reviewed the Library Board's request to place two temporary 4 x 8' signs, one each at the Third and Fourth Street entrances to the library, indicating the progress of the public phase of the library's fund-raising campaign. Mr. Russell stated it is staff's recommendation that the signs be placed according to usual setback requirements - 30 feet from the front and 10 feet from the side property line. Bill Hickey of the Library Board was present. He stated the setbacks were fine. He also noted the Board will be requesting the placement of a temporary 4 x 30' banner on Chestnut Street. Graphics of the proposed signs were in the packet, and several councilmembers indicated they liked the design. Mr. Hickey said the signs are ready to be installed. City Clerk Ward said she was unsure if there were other requests for temporary banners that might affect the Library Board's request. Motion by Councilmember Milbrandt, seconded by Council member Harycki, approving the placement of the temporary signs and banner, with the Library Board to work with staff on the timing of the placement of the banner should their be other requests. All in favor. Election of Vice Mayor Motion by Council member Milbrandt, seconded by Councilmember Harycki, to reappoint Council member Junker as Vice Mayor and adopting Resolution 2005-10, appointing vice mayor for 2005. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Possible approval of Pledqe of Alleqiance dates for 2005 Mayor Kimble explained that it has been the Council's past practice to recite the Pledge at those council meetings which are closest to national holidays - Memorial Day, Flag Page 6 of 9 City Council Minutes - 05-01 January 4,2005 Day, Fourth of July and Veterans' Day. Dates for 2005 would be May 17, June 7, June 21 and Nov. 1. Motion by Councilmember Junker, seconded by Councilmember Harycki, to approve the proposed Pledge of Allegiance dates. All in favor. Possible desiqnation of official newspaper for 2005 (Resolution) City Clerk Ward said proposals were received from the Stillwater Gazette, Courier News and Press Publications. Press Publications' was the high bid. It was staff's recommendation to designate the Courier News for publication of council proceedings and the Gazette for legal publications. Motion by Council member Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-11, approving agreements with the Stillwater Gazette and Courier. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Desiqnation of Council representatives for various Boards/Commissions, Lumberiack Days Advisory Committee and Lumberiack Days Music Committee Mr. Junker noted that former Councilmember Rheinberger had served on the Joint Cable Communications Board and moved to nominate Councilmember Harycki to fill that position. Councilmember Harycki questioned whether appointments should be postponed until the appointment is made to fill the open seat on the Council. City Administrator Hansen said appointments are traditionally made at the Council's first meeting of the year due to the boards/commissions' meeting dates. Councilmember Milbrandt also noted that it will take a new councilmember time to get up to speed. Councilmember Junker stated he would like to continue serving on the Planning Commission. Council member Milbrandt said he would be interested in returning to the Park Board, and Mayor Kimble stated that he would return to the Human Rights Commission. Councilmember Milbrandt, seconded by Council member Harycki, moved to appoint Councilmember Harycki to the Joint Cable Communications Commission, Councilmember Junker to the Planning Commission, Councilmember Milbrandt to the Park Board, and Mayor Kimble to the Human Rights Commission. All in favor. Page 7 of 9 City Council Minutes - 05-01 January 4, 2005 Council member Harycki said he would be interested in serving on the Lumberjack Days Advisory Committee due to the festival's impact on Ward 2 residents. Councilmember Junker said he would be interested in serving on the Music Committee. Council member Milbrandt said he would agree to serve on the Music Committee. Motion by Council member Junker, seconded by Council member Harycki, appointing Council member Harycki and Milbrandt to the Lumberjack Days Advisory Committee, Council member Junker to the Music Committee. All in favor. Possible appointment of citizen representative for Lumberjack Days Advisory Committee Council member Milbrandt and Councilmember Junker recommended appointment of Michael Lund as the citizen representative to the Lumberjack Days Advisory Committee because of his extensive background in such events. Motion by Council member Milbrandt, seconded by Council member Junker, to appoint Michael Lund as the citizen representative to the Lumberjack Days Advisory Committee. All in favor. Request for Hiqhway Department Reconveyance City Attorney Magnuson reviewed the request for the reconveyance necessitated by a problem with the legal description of an 18-foot parcel of land adjacent to the spur railroad track on North Main Street. A portion of the 18-foot strip abuts the Lofts site. Mr. Magnuson said MnDOT is willing to convey the parcel, but the request must come from the City. At the same time, Mr. Magnuson suggested the City might want to inquire on the cost of obtaining the remainder of the 18-foot strip, which runs to point north of Laurel Street. Mr. Magnuson said the Lofts' developers would have to pay for that portion of the property they need. Mr. Magnuson stated there is another problem with the Lofts' property - the required 35' separation between buildings that is required by International Building Code. In order to meet the requirement, the Lofts will have to obtain an easement from the City due to the proximity of the City parking lot and the Desch building. Mr. Magnuson suggested the Council might want to consider granting a scenic easement at this time. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, directing Mr. Magnuson to proceed with the request for reconveyance of the 18-foot parcel of the spur property and to obtain two separate quotes from MnDOT - the cost of the property needed by the Lofts' developers and the cost for the City to acquire the remainder of the parcel and directed Mr. Magnuson provide additional information about the possible scenic easement at the next Council meeting. All in favor. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Page 8 of 9 City Council Minutes - 05-01 January 4, 2005 ADJOURNMENT Motion by Councilmember Harycki, seconded by Councilmember Junker, to adjourn at 8:47 p.m. All in favor. ~~ . . . ble, ayor ATTEST: ~ ~ Wahd- Diane F. Ward, City Clerk Resolution 2005-01, directing payment of bills Resolution 2005-02, approving renewal of Agreement with The Sand Creek Group for 2005 Employee Assistance Program (EAP) Services Resolution 2005-03, designation of depositories for 2005 Resolution 2005-04, fees for services/publications Resolution 2005-05 commending outgoing Councilmember Gary Kriesel Resolution 2005-06 commending outgoing Councilmember John Rheinberger Resolution 2005-07, approval to solicit quotes on capital outlay items not on State Bid Resolution 2005-08, approval to order and purchase dump truck, street sweeper, lawn Sweeper and 1-ton dump truck under the State Bid Resolution 2005-09, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater, establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2005-10, appointing vice mayor for 2005 Resolution 2005-11, approving agreements with the Stillwater Gazette and Courier. 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