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HomeMy WebLinkAbout2005-05-17 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. - 05-11 Council Chambers, 216 North Fourth Street May 17, 2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER Mayor Kimble called the meeting to order at 7 p.m. ROLL CALL Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Community Development Director Russell Public Works Director Eckles Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the May 3, 2005 recessed and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Special Event Request -Music Market Movies -Tuesdays, July 5 through August 16 - Chamber of Commerce -Historic District - Joci Tilsen Ms. Tilsen explained the request to use north Lowell Park and the parking lot by the Water Street Inn for Music, Market and Movies. The event will be held on seven Tuesdays from 4 p.m. until about 11 p.m. Most of the discussion centered on the requested use of six small sandwich boards to provide directions to the north Lowell Park site; staff recommended limiting the request to three sandwich boards. Ms. Tilsen said the committee feels they need six boards. She noted that they get new folks attending every year who don't know where north Lowell Park is located. She pointed out there are no signs in the City indicating the location of Lowell Park, and she said the committee is sensitive to the flavor of the historic district and doesn't think the small, attractive sandwich boards detract from the character of the downtown district. She also noted that as the event is held on Tuesdays, there aren't huge crowds that might be inconvenienced by the placement of the boards at the proposed. City Council Meeting -05-10 May 17, 2005 Councilmember Milbrandt spoke against the use of any sandwich boards. Councilmember Harycki asked how many boards were used last year and whether there had been any complaints. Ms. Tilsen said six were used last year and she was unaware of any complaints. Councilmember Polehna asked about the City's sign ordinance. Community Development Director Russell stated the sign ordinance prohibits the use of sandwich boards; this request amounts to a request for a variance from the sign ordinance. Mr. Russell also suggested the issue is a philosophical question: Whether being a "sandwich board community" was the image the City was trying to project. Councilmember Harycki stated he would be comfortable allowing four boards. Councilmember Milbrandt called the question. Motion by Councilmember Junker, seconded by Councilmember Polehna to accept staff' recommendation allowing placement of three sandwich boards, one at the north end of downtown, one at the south end of downtown and one at the corner of Myrtle and Main Street, noting that there also will be a banner on Chestnut Street for the seven weeks of the event and noting that the sign ordinance does not allow the use of sandwich boards. Ayes: Councilmembers Junker, Polehna and Mayor Kimble Nays: Councilmembers Milbrandt and Harycki OPEN FORUM Norm Steere reiterated a point made by Ms. Tilsen, that there is no sign at all directing people to Lowell Park or identifying Lowell Park, and he suggested the Council should consider having some type of identifying signage. Mayor Kimble asked Police Chief Dauffenbach and Community Director Russell to look into that issue and come back with a recommendation. Julie Kink, 224 N. Harriet St., member of the Veterans Memorial Committee, extended an invitation to the Council, staff and the community to attend the Memorial Day ceremony to be held at the Veterans Memorial site at 11 a.m. Monday, May 30. STAFF REPORTS Police Chief Dauffenbach asked for Council direction on a possible expenditure for a short-term improvement to the parking lot near the Water Street Inn. He noted the City has purchased the railroad line property that runs through downtown. Removal of the rails/timbers is nearly complete. He said the Parking Commission recommended placing gravel where the rails have been removed to provide temporary parking, especially for workers at the north end of downtown. He said Public Works staff has suggested that a slight reconfiguration of the parking lot by the Water Street Inn and asphalting of the railroad track area at that location might result in an additional 8-12 parking spaces. He said cost is estimated at $7,500-$10,000. However, he noted that if the Council decided Page 2 of 10 City Council Meeting -05-10 May 17, 2005 to go ahead with that suggestion, the work might only last a year if the Lowell Park floodwall project begins next year. Mayor Kimble stated he would like to see the area by the Desch building and the Mulberry/Myrtle parking areas blacktopped and stripped as well as the Water Street lot, saying doing so would eliminate congestion and haphazard parking. Mayor Kimble pointed out there is no guarantee the Lowell Park project will proceed within the next couple of years. It was agreed not to take action on this matter until Mr. Eckles' report on a related issue. Community Development Director Russell reported the City has been offered the historic Shoddy Mill buildings. The buildings, in Oak Park Heights, will be removed as part of the new river crossing project. MnDOT would renovate and move the structures if the City is interested. Mr. Russell suggested a potential site is the Terra building site; the Terra building also is scheduled to be removed if the bridge project proceeds. He said the master plan for the Aiple property proposes hostel-type lodging accommodations, apossible use for the Shoddy Mill. The Shoddy Mill is on the National Register. He said MnDOT is looking for a response by mid-month, but likely would allow the City some more time if the Council wishes to pursue the possible acquisition. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt, directing staff to investigate the feasibility of acquiring the structures and report back at the first Council meeting in June. All in favor. Public Works Director Eckles reported that an open house regarding the Boutwell Road project is scheduled for 6:30 p.m. June 1. Notices will be sent to property owners in the area, he said. Mr. Eckles also gave a brief update on the Lowell Park flood control project. He said the project now appears to be on track so that some preliminary work could begin in May of 2006. He said lobbyist Ed Cain could likely provide the Council with more information. It was agreed to ask Mr. Cain to provide an update and schedule a discussion of the flood control project and the earlier discussed downtown parking lot proposal as a June 7 workshop item. Mr. Eckles also informed the Council that the consent agenda includes an agreement with Stillwater Township relating to maintenance and payment ($11,000) for work on township roads that have come into City jurisdiction. City Administrator Hansen discussed two consent agenda items. The fire protection contracts with Stillwater and May townships and the city of Grant, he said, are basically the same as in previous years. The three-year contract with the townships provides for a guaranteed escalator clause that the cost to the towns not be increased by more than three percent in the second year of the agreement and not more than an additional three percent in the third year. Also, he said the city of Grant intends to reduce its fire service area. Grant will be charged the full amount on a monthly basis until the service territory change is actually implemented. Also, the consent agenda includes a tentative Page 3 of 10 City Council Meeting -05-10 May 17, 2005 budget calendar. While some dates must be adhered to, he said most dates are amendable. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, approving the Consent Agenda. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-106 directing payment of bills Possible approval of installation of banner -Stillwater Chamber of Commerce - Summer Tuesdays - 2"d week of June through August 17, 2005 Possible approval imaging system software from Laserfiche Resolution 2005-107, 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 Possible approval to purchase of Anti Spyware Software for the City Possible approval to purchase laptop for Engineering & desktop computer for Finance Possible approval of request for outside merchandising -Tires Plus Possible approval of inside sale of fireworks -Target Possible approval of proposed budget calendar Resolution 2005-108, approving fire protection contract with the Town of Stillwater, May and the City of Grant Possible approval of inside sale of fireworks -Cub Foods Possible approval to purchase Dell Poweredge 2800 Server -MIS Resolution 2005-109, possible approval of agreement and authorizing payment to Stillwater Township for 2004 Maintenance Project. Resolution 2005-110, approval of Service Agreement with CorVel Corporation for managed care services for Workers' Compensation PUBLIC HEARINGS This is the date and time for a public hearing to consider the proposal of Stillwater Medical Group a Minnesota nonprofit corporation (the "Company") that the City assist in financing a project hereinafter described pursuant to Minnesota Statutes Sections 469.152 to 469.1651, by the issuance of revenue bonds of the City Notice was published in the Stillwater Gazette on May 3, 2005 Bond Attorney Mary Ipple was present. She stated the issuance of the revenue bonds represents no legal or moral obligation on the part of the City. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Page 4 of 10 City Council Meeting -05-10 May 17, 2005 Motion by Councilmember Harycki, seconded by Councilmember Junker, to adopt Resolution 2005-111, Resolution Giving Approval to a Health Care Project, Authorizing the Issuance of Health Care Revenue Bonds Under Minnesota Statutes, Sections 469.152 through 469.1651, as Amended and Authorizing the Execution of Necessary Documents Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Case No V105-22 This is the date and time for a public hearing to consider a request from Kevin Grube for a variance to the lot size regulations (7 500 square feet required, 6,600 square feet requested) for the construction of a residence located at 1217 Fourth Avenue South in the RB Two Family Residential District. Community Development Director Russell said the request is to construct asingle- family dwelling on a substandard lot of record. The proposed structure meets all setbacks. The Planning Commission felt the proposed house design fit the character of the neighborhood and recommended approval on a 5-3 vote. Mr. Russell said the City Attorney has indicated that whether or not a lot has been stubbed for city services and whether or not it is a lot of record are items for the Council to consider in making a decision but are not reasons, in an of themselves, for denial or approval. Mayor Kimble opened the public hearing. Kevin Grube, applicant, said he is an architect who has an office in Stillwater. He said he intends to maintain the historic integrity of the area with the design of the home. He also noted that all lots in the adjacent area are of the same size - 50' wide by 132' deep. Bill Schneider, 618 E. Burlington, asked that the Council deny the request. He s aid the proposal to construct a structure on a lot 12 percent below the minimum compromises the continuity and integrity of the neighborhood. He also noted lot size restrictions are in place for areason - to control density, define the character of a neighborhood and to maintain reasonable balance and appearance. Robert McIntyre, 1213 Third Ave. S., also spoke against the request, saying it was too much density and would take away from the historic character of the neighborhood. He said, "shoehorning" a home onto a lot 900 square feet below the minimum allowable size does not make sense. He submitted a petition with 20 names, representing 14-16 homes, against the proposal. Mayor Kimble closed the public hearing. Councilmember Junker said he thought the proposed house was a great design, but the lot is just too small. Councilmembers Milbrandt, Polehna and Harycki all agreed with that assessment. Councilmember Harycki also noted the petition indicates the neighborhood is solidly opposed to the plan. Motion Councilmember Junker, seconded by Councilmember Harycki, moved to deny the variance. City Attorney Magnuson reminded the Council that due to the contemporaneous rule, Page 5 of 10 City Council Meeting -05-10 May 17, 2005 the Council should adopt findings of fact at the same time the final vote is taken. City Attorney Magnuson recommended taking a straw vote and the final vote and adoption of the findings of fact at the next meeting. Councilmember Junker amended his motion to a straw vote in favor of denial, with the findings of fact and final vote to occur at the June 7 meeting. Councilmember Harycki agreed to the amendment and directed the City Attorney to prepare findings of fact for the June 7, 2005 meeting. This is the date and time for a public hearing to receive public testimony on MnDOT and Wis/DOT (DOTs) proposed I mitigation items with the Preferred Alternative package that, if implemented will affect City of Stillwater (City)-owned park property (Stillwater Municipal Barge Facility property Lowell Park and Kolliner Park). Todd Clarkowski of MnDOT and Beth Bartz of SRF, consulting firm, were present. Mr. Clarkowski gave a brief update on the river crossing project and then gave a Power Point presentation that centered on the mitigation items relating to the 4F properties, City-owned park property -- the municipal barge property, Lowell Park and Kolliner Park. One of the primary features of the mitigation items is a loop trail, bike and pedestrian trail, that goes from the municipal barge property, through Lowell Park to the lift bridge, across the lift bridge into Wisconsin, along Highway 35 in Wisconsin to County Road E and then back. The bike and pedestrian trails will be separated through the municipal barge property, with the bike trail following the existing rail line and the pedestrian trail closer to the river. The trails are split in order to avoid contact with an existing archeological site. Also as part of the mitigation measures, the Terra building will be removed. The trails are combined through Lowell Park to the lift bridge. The lift bridge will become abike/pedestrian facility, with removable bollards on Chestnut Street. On the Wisconsin side of the river, the roadway pavement will be removed up the existing cut to County Road E and the entryway to the existing parking lot in Kolliner Park. The trails will be separated on the Wisconsin side, running parallel to each other. There will be resting areas and a parking area for trail users. The mitigation measures on the Wisconsin side include removal of non-historic elements, landscaping and revegetation to address bluff impacts. No permanent land acquisition will be required at any of the sites, just temporary occupancy permits. Councilmember Polehna asked whether there would be trail access underneath the new bridge, noting that a plan for a trail connection all the way from Stillwater to 194 and Hudson has been talked about for many years. Mr. Clarkowski said there would be a southern access point for the loop trail. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Councilmembers spoke favorably about the proposal, and thanked Mr. Clarkowski for his presentation. Page 6 of 10 City Council Meeting -05-10 May 17, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the first reading of an ordinance approving the proposed mitigation items that will affect City- owned park property. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Final plat approval for Settler's Glen 7t" Addition and Settler's Glenn 8t" Addition Jay Liberacki, US Homes, stated they had not anticipated the conditions relating to the Stn Addition. He asked that the Council consider approving the 7t" Addition final plat approval and tabling the Stn Addition until they have a chance to more fully address the Stn Addition conditions or to table both approvals. Community Development Director noted that some conditions relate to both additions. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to continue final plat approval for Settler's Glen 7tn and 8t" Additions until the June 7 meeting. All in favor. Possible approval of addendum to the development agreement between the City of Stillwater and US Homes for Settler's Glen Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to table this issue to the June 7 meeting. All in favor. Possible accepting of bids and awarding contract for 2005 Seal Coating Public Works Director Eckles said the City had received four bids, with the low bidder, Allied Blacktopping, coming in about $50,000 less than the engineer's estimate. Bayport, Stillwater Township and School District 834 are piggybacking on the City's bid. The City's share of the cost is one-third of the total. Mayor Kimble asked if the low bid might allow the City to do some additional work. Mr. Eckles said that might be possible. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-112, Accepting Bids and Awarding Contract for 2005 Street Seal Coat Project (Project 2005-06). Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Page 7 of 10 City Council Meeting -05-10 Possible acquisition of tax forfeit land May 17, 2005 City Clerk Ward said there are five properties that staff are recommending the City acquire. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005-113, Authorizing the City to Apply for the Reconveyance of Tax Forfeited Lands. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Request for payment of $2000 for pursuing the feasibility of the protect known as the St. Croix Valley Area Community Family Center Mayor Kimble noted that surrounding communities, including Bayport, Oak Park Heights and Lake Elmo, have agreed to fund up to $2,000 in order to pursue the project. Councilmember Milbrandt noted the Council had given concept approval to the project nearly a year ago and suggested this is a small token for the City to keep its foot in the door. Councilmember Polehna said he had planned an update on the project for the June 7 workshop session. Councilmember Polehna, who serves on the planning committee, noted that committee meetings are held during the day and he is finding it difficult to attend; he asked that the Council allow Administrator Hansen to attend the meetings in his place. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-114, A Resolution by the Partners of the St Croix Valley Area Community Family Center Supporting a Financial Contribution for the Position of a Project Coordinator and authorizing City Administrator Hansen to attend the committee meetings in Mr. Polehna's place. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible first reading of Ordinance No. 958, an ordinance amending Chapter 41, Licenses, Permits And Prohibitions*, Section 41-2, Subd. 3, entitled licensing of tobacco sales; possession and use by minors; application, of the City Code of the City of Stillwater City Clerk Ward said the ordinance is proposed to have the tobacco ordinance consistent with the liquor license ordinance that now requires managers to be part of the background checks. Also, the ordinance incorporates Department of Revenue requirements. Motion by Councilmember Junker, seconded by Councilmember Harycki, approved the first reading of Ordinance No. 958, an ordinance amending Chapter 41, Licenses, Permits And Page 8 of 10 City Council Meeting -05-10 May 17, 2005 Prohibitions*, Section 41-2, Subd. 3, entitled licensing of tobacco sales; possession and use by minors; application, of the City Code of the City of Stillwater. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS City Attorney Opinion on Minnesota Statute 435.202 & 435.203 City Attorney Magnuson briefly reviewed his requested opinion relating to Minn. Statute 435.202, 435.203 relating to the disposition of funds remaining after the payment of all costs for local improvement projects. Mr. Magnuson noted that statute states all remaining funds "shall be" transferred to the general fund but at the same time provides for discretionary action allowing funds to be refunded to those who paid assessments. Mr. Magnuson spoke of the changes in the assessment policy. While once projects were assessed 100 percent to abutting property owners, a court ruling that found it unconstitutional to assess more than a demonstrated increased value to the benefiting property owner changed that policy. In Stillwater, he noted, local improvements projects are subsidized by the general fund by about 50 percent of the total cost, so refunding remaining funds does not ring as true now as it might have when 100 percent of projects costs were assessed to abutting property owners. Councilmember Milbrandt said information regarding a skateboard facility would be taken to the Park Board, so some action might be forthcoming. Mayor Kimble informed the Council and community that Friends of Stillwater Parks would be holding its first-ever silent auction fundraiser on May 19. He also reminded the community of the May 21 household hazardous waste collection scheduled for May 21 at Lily Lake. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn at 9 p.m. All in favor. i e, Mayo ATTEST: Diane F. Ward, City Clerk Page 9 of 10 City Council Meeting -05-10 May 17, 2005 Resolution 2005-106 directing payment of bills Resolution 2005-107, resolution relating to financing of certain proposed projects to Resolution 2005-108, approving fire protection contract with the Town of Stillwater, May and the City of Grant Resolution 2005-109, possible approval of agreement and authorizing payment to Stillwater Township for 2004 Maintenance Project Resolution 2005-110, approval of Service Agreement with CorVel Corporation for managed care services for Workers' Compensation Resolution 2005-111, Resolution Giving Approval to a Health Care Project, Authorizing the Issuance of Health Care Revenue Bonds Under Minnesota Statutes, Sections 469.152 through 469.1651, as Amended and Authorizing the Execution of Necessary Documents Resolution 2005-112, Accepting Bids and Awarding Contract for 2005 Street Seal Coat Project (Project 2005-06). Resolution 2005-113, Authorizing the City to Apply for the Reconveyance of Tax Forfeited Lands. Resolution 2005-114, A Resolution by the Partners of the St Croix Valley Area Community Family Center Supporting a Financial Contribution for the Position of a Project Coordinator Page 10 of 10