Loading...
HomeMy WebLinkAbout2005-07-05 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-14 July 5, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Community Development Director Russell Fire Chief Glaser Finance Director Harrison Director of Administration Knauss City Clerk Ward OTHER BUSINESS LibraryProject Update Bill Hickey, president of the Library Board of Trustees, was present for an update on the library project. He said Adolph Peterson has been selected as the project construction manager. He said they continue to resolve cost issues. Preliminary work, such as soils preparation and detailed utilities survey, is being completed. Most everything has been removed from the building and the temporary facility is up and running at the Valley Ridge Mall. Councilmember Junker asked when actual construction might begin. Mr. Hickey stated groundbreaking might occur sometime in July; Library Director Lynn Bertalmio will coordinate the formal groundbreaking event. Mr. Hickey noted that the project is still on schedule to avoid significant winter delays. There was some discussion as to a water main located at the northeast corner of the site. Mr. Hickey said the footprint might have to be shrunk slightly in that location to accommodate the water main; they are working with the Water Department on that issue. Discussion on traffic studies during the bridge closure Public Works Director Eckles and Joe Lux, Washington County Transportation Department, outlined plans to conduct traffic counts during the upcoming closure of the lift bridge. While not completely accurate, Mr. Eckles noted that the closure of the lift bridge should give the City a picture of what traffic conditions might be like when the new river crossing is complete. Traffic counts will be done in cooperation with Washington County. Traffic count locations include the intersections of County Highways 15 and 12, County Highway 5 at Highway 35, Greeley at Orleans, Osgood at Highway 36, Beach at Highway 36; interior streets include Churchill and Pine, Chestnut and Third, Myrtle at Main and both sides of Owens. Mn/DOT will be asked to conduct the counts on Highway 95 in the downtown area. Mr. Eckles noted that the proposed sites are County State Aid Highways or Municipal State Aid Streets where counts have been conducted before and there is a comparable database. City Council Meeting - 05-12 July 5, 2005 There was a question about the proposed timing of the counts. Mr. Lux explained the timing is due to plans to utilize a seasonal employee for the project, so the work has to be done before school resumes. There also was a question about whether counts should be conducted on weekends. Mr. Eckles explained that the counts would be used to compare with past historical data. Other suggested count sites included Olive past Deer Path or Brick, South Third Street near St. Michael's Church, north on Owens Street. Mr. Lux said Mn/DOT also could be asked to do counts on Highway 96. Councilmember Milbrandt asked Mr. Lux about comments received during the County's recent open house regarding Manning Avenue improvements. Mr. Lux said meetings would be held with neighbors to discuss the possibility of utilizing berms as a noise barricade. However, he noted that to be effective as a noise barricade, a berm would likely have to fill some of the adjacent properties entire backyards. He also noted that to be effective, a berm must be continuous; thus all neighbors must agree to the installation of any berm. Mr. Lux said the County is looking at doing landscaping to also provide an aesthetically pleasing visual buffer. Councilmember Polehna asked Mr. Lux to update the Council on the status of the trail along County Highway 12 from Brick Street to Manning Avenue. Mr. Lux said portions of the trail are flaking. He said the County currently is "negotiating" with the contractor that had promised to re-do anything that failed over the winter. Discussion on Pool Fence Ordinance Councilmember Milbrandt said he asked that this be put on the agenda to make certain all Councilmembers were aware that the action the Council took at the June 21 meeting was the second reading of the ordinance -adoption of the ordinance change. Mr. Milbrandt said he was "taken aback" upon learning the June 21 action was the final vote, expressing a concern that a year and a half had passed since the first reading of the ordinance and that the action was not publicized as a second reading. City Attorney Magnuson said the Charter is not specific as to the length of time allowable between first and second readings. He also noted the term "reading" is subject to interpretation, and he said if the agenda indicated "second reading," that is considered public notice. City Attorney Magnuson also pointed out that not one thing had been changed in the draft ordinance and the ordinance the Council took action upon June 21. Councilmember Milbrandt said the intent in bringing the issue back before the Council was because it was a new issue for Councilmembers Harycki and Polehna, not to bring it back as the second reading of the ordinance. Councilmember Harycki said while not inclined to change his mind on his vote on the matter, he was concerned about moving forward after a year and a half delay. He suggested perhaps the length of time between readings was a matter for the Charter Commission to look at. City Attorney Magnuson noted that the Council could set its own rules, for example Roberts Rules of Order; the Charter can be changed only by a unanimous vote of the Council or by referendum. Mr. Magnuson also suggested that most people would still have pool fences, as it might be quite costly to purchase a cover that is so dense as to be impenetrable, as required by the ordinance. Mayor Kimble pointed out that if a Page 2 of 11 City Council Meeting - 05-12 July 5, 2005 Councilmember changes his position on the issue, the issue could be brought up again for a first and second reading of a new ordinance. STAFF REPORTS Community Development Director Russell said Dominion Corp. is requesting the City provide a letter of support for extending its Section 8 status for 30 more years. Mr. Russell stated that Section 8 housing is of benefit to the community and losing Section 8 housing can be a hardship to low/moderate income residents. Motion by Councilmember Polehna, seconded by Councilmember Junker, to direct the Community Development Director to draft a letter of support for Dominion Corp.'s request. All in favor. Community Development Director Russell said the City had received a $15,000 grant from the Margaret Rivers Foundation in support of the skateboard park. The City had requested $30,000. He said without an additional $15,000, a major feature of the facility would have to be eliminated. He asked for authorization to spend an additional $15,000 in City funds to complete the first phase of the skate park as proposed; the funds are available in the CIP, he said. Councilmember Milbrandt also noted there is $60,000 in the City's budget for the skate park and suggested that without a main attraction, the park might not be utilized. Councilmembers Junker and Polehna asked if the City had applied for any other grants; Mr. Polehna suggested the Tony Hawks group as a possible funding source. Administrator Hansen pointed out that the previous direction from the Council was to move this project along so it could be up and running this summer. Motion by Councilmember Junker, seconded by Councilmember Harycki, to authorize the expenditure of an additional $15,000 for the skate park facility. All in favor. Community Development Director Russell said the City had just received a survey on a property proposed for a subdivision, a case on the 7 p.m. agenda. Mr. Russell said when the case was heard by the Planning Commission, the applicant thought the lot in question was 15,000 square feet and the proposal was to subdivide the lot into two 7,500 square-foot parcels, both conforming parcels. However, the survey has found that the lot is 14,982 feet, meaning the subdivision will result in two lots of 7,491 feet, which is less than the minimum lot size and may require a variance. Mr. Russell said it would be staff's recommendation to continue the matter for two weeks or refer the case back to the Planning Commission for consideration of a variance. Mr. Russell brought up the issue of in-fill housing, saying the Planning Commission and Heritage Preservation Commission are both concerned with this issue. He noted that in the past when a variance is required, design review has been added as a condition of approval. Councilmembers Milbrandt, Harycki and Polehna spoke in favor of having the Planning Commission and Heritage Preservation Commission look into developing guidelines for in-fill housing and come back to the Council with a recommendation. Mayor Kimble spoke of the conservative nature of the existing Planning Commission and also suggested the two Commissions look into the reasonableness of granting variances. Page 3 of 11 City Council Meeting - 05-12 July 5, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to refer the issue of possible design guidelines for in-fill housing to the Planning Commission and Heritage Preservation Commission, with those two groups to come back to the Council with a recommendation. All in favor. Councilmember Junker commended Tim Moore, Public Works Department, for his attentiveness in addressing the concerns of neighbors in the Fifth Street project area. Councilmember Harycki stated the North Hill project also is looking good. Councilmember Milbrandt asked about the status of a retaining wall by the golf course; Public Works Director Eckles said he would get back to Mr. Milbrandt on that matter. Councilmember Polehna also commended the Public Works Department on the work on Interlachen Drive. Councilmember Polehna and Mayor Kimble both expressed a concern about the state of the restrooms in Lowell Park during the recent 4th of July celebration. City Administrator Hansen said the intent was to have both the restrooms in Lowell Park and Pioneer Park staffed during the event, as well as have the portable facilities. Mr. Hansen said he would look into the matter. Councilmember Milbrandt noted the turf in Lowell Park is in great shape. Finance Director Harrison reported that for the 15th consecutive year the City has received the Government Finance Officers Association certificate of achievement for excellence in financial reporting for its annual financial statement. Ms. Harrison thanked the Council, staff, City auditors and the Finance Department for their support and efforts. ADJOURN TO EXECUTIVE SESSION to discuss labor relations. The Council adjourned to executive session at 5:50 p.m. RECESSED MEETING Mayor Kimble called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Staff present:City Administrator Hansen City Attorney Magnuson Community Development Director Russell Public Works Director Eckles Fire Chief Glaser City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the minutes of the Special and Regular meeting of June 21, 2005. All in favor. Page 4 of 11 City Council Meeting - 05-12 July 5, 2005 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation declaring the week of July 10 2005 as Barbershop Music Appreciation Week. Mayor Kimble read a proclamation designating the week of July 10, 2005, as Barbershop Music Appreciation Week in honor of the 60th anniversary of Sweet Adelines International. A copy of the proclamation was presented the members of Vallee de Croix, the local chapter of Sweet Adelines International. Mayor Kimble recognized the Finance Department for having receiving the Government Finance Officers Association certificate of achievement for excellence in financial reporting for the 15th consecutive year. OPEN FORUM There were no public comments. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the consent agenda. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-145, directing payment of bills Resolution 2005-146, Approving Minnesota Premises Permit For Gambling For Stillwater K.C. Hall located at 1910 South Greeley, Stillwater, MN Resolution 2005-147, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Ruby Begonias, 112 North Main Street, Stillwater, MN Resolution 2005-148, possible approval of 2004-2006 labor agreement between the City of Stillwater and MN Teamsters Public and Law Enforcement Employee's Union, Local No. 320 representing the Stillwater Public Manager's Association Request to purchase a new updated auto diagnostic system and gas module for auto and truck repair and trouble shooting -Public Works Shop PUBLIC HEARINGS Case No SUB105-26 This is the date and time for a public hearing to consider a request from John Harvey for a resubdivision of Lot 6 Blk 7 Carli Schulenberg's Addition into two lots of 7 500 square feet located at 203 E St Croix Avenue in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005 Community Development Director Russell reviewed the request. Based on the Planning Commission review, the lot in question was thought to be 15,000 square feet to be subdivided into two lots of 7,500 square feet. The actual survey, he stated, has found the lot to be 14,982 square feet, with the two subdivided parcels to be 7,491 square Page 5 of 11 City Council Meeting - 05-12 July 5, 2005 feet. The survey changes the request from a conforming subdivision to a request to subdivide into two substandard lots by 9 feet each. Since a variance may be required, Mr. Russell said it was staff's recommended to continue this case for two weeks for further review. Motion by Councilmember Junker, seconded by Councilmember Polehna, to continue Case No. SUB/05-26. All in favor. Mayor Kimble told members of the audience in attendance for this case that the Council has asked the Heritage Preservation Commission and Planning Commission to determine what design review process might be appropriate for in-fill housing and to make a recommendation to the Council. Case No. SUBN/05-33. This is the date and time for a public hearing to consider a request from Elizabeth Crooker for a subdivision of a 17 250 square foot lot into two lots of 8,625 square feet each with a variance to the lot size requirement (10,000 square feet required, 8 625 square feet requested) located at 1802 North Fourth Street in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005 Community Development Director Russell reviewed the request. He said the lot in question is in the RA district where the minimum lot size is 10,000 square feet. The Planning Commission recommended denial. Mayor Kimble opened the public hearing. David "Choc" Junker, 1001 N. Fourth St., noted that the lot has been stubbed with two water/sewer hook-ups. He said the lot was big enough for two houses, noting that most of old Stillwater has houses on lots of 7,500 square feet, less than what is proposed. He also questioned whether any lots in Legends or the Benson developments were any bigger than 8,000 square feet. He urged the Council to use some common sense and grant the request. Scott Junker, owner of the property, said when he bought the property in 1999, he thought when sewer and water service became available with the North Hill project, and it would be more feasible to split the lot into two parcels. When he built the new home on the property, he did so to meet setbacks so another home could be built. He also pointed out that certain areas of the City are more restrictive than other parts. He called for the Council to be consistent and fair to everyone who applies for a variance. Dale Shaller, 1819 N. Fourth St., suggested it makes sense to have different policies for different areas of town. This area, he said, is a neighborhood of traditional, larger lot sizes. He said allowing this request would set a bad precedent and encourage more development in an already taxed neighborhood. He also asked that the Council make a definitive ruling on the application, as he and other concerned neighbors have already attended numerous meetings. City Attorney Magnuson noted that according to City Code, someone who is denied a variance is free to reapply after one year. Page 6 of 11 City Council Meeting - 05-12 July 5, 2005 Terry Scully, 1901 N. Fourth St., pointed out at the Planning Commission meeting, one member said the new structure on the lot "ruined" the neighborhood because it is inconsistent in style and character with the rest of the neighborhood. Now, the request is to split the lot into two parcels below the minimum size required by ordinance. If the Council approves the request, he said it would change, damage, the character of the neighborhood as it is today. Dorothy Benson, 206 W. Poplar, said she loves the neighborhood with its large lots and is opposed to splitting this lot. Mayor Kimble closed the hearing. Councilmember Junker noted that he is a member of the Planning Commission and did not vote on this case. But he noted that the referenced comment regarding the new home on the property is a matter of one person's opinion. Personally, he thinks the new home is beautiful. Also, he disagreed with the comment regarding setting a precedent, pointing out that each case is considered individually as to how it fits in a particular neighborhood. He suggested that with the recently completed North Hill project, the Council likely would be seeing more such requests. He stated that he would be abstaining from the Council vote. Councilmembers Milbrandt, Harycki and Polehna all spoke in favor of being consistent and holding the line at the 10,000 square foot minimum, especially until the Council receives a recommendation from the Planning Commission/HPC regarding design guidelines. Motion by Councilmember Harycki, seconded by Councilmember Milbrandt, moved to support the Planning Commission's denial of Case No. SUB/V/0533. Mayor Kimble asked whether the action should be a straw vote pending Findings of Fact. City Attorney Magnuson said that would be the appropriate action. Councilmember Harycki amended his motion to a straw vote supporting the Planning Commission's denial; Councilmember Milbrandt agreed to the amended motion. Ayes: Councilmembers Harycki, Milbrandt and Polehna Nays: Mayor Kimble Abstained: Councilmember Junker Case No. SUP/V105-31. This is the date and time for a public hearing to consider a request from to consider an appeal on the Planning Commission's decision on a request from Rita Graybill for a modification to special use permit and variance to the side yard setback (5 feet required, 2.1 feet requested) for the construction of a two-story addition to an existing two-car carriage house located at 801 West Pine Street in the RB, Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005. Community Development Director Russell reviewed the request. He said the Planning Commission had recommended approval of the requested variance for atwo-story addition to an existing garage/carriage house. This is a Bed & Breakfast, which requires Page 7 of 11 City Council Meeting - 05-12 July 5, 2005 the special permitting process; no additional rooms are proposed. He stated that a neighbor initiated the appeal to the Planning Commission decision. Mayor Kimble opened the public hearing. Tom Tierney, 717 W. Pine St., said he was concerned that the addition would be used either to expand the living area or to use for an additional business, either pottery or bike repair, possibly. He asked the Council to consider the impact on the neighborhood and families that live nearby. Duane Arndt, 838 W. Willard, said he had lived next door to the property in question for 32 years. He said the existing garage is very near the property line, which makes maintenance very difficult without encroaching on the neighboring property. He said he had requested a side yard variance for his property on West Willard but was denied due to the need to go onto a neighbor's yard for maintenance. He suggested there was no reasonable hardship involved to justify a variance, and he said he agreed with Mr. Tierney's concern that the addition would intensify the use of the property. Mark Kampmeyer, 811 W. Pine St., said he shares a driveway with the B&B. He said he has never had a problem with noise. He said Ms. Graybill only has a small one-car garage and needs the space for storage area. He pointed out that the Council could take action to prevent any other use. He said the B&B owners were gracious, quiet neighbors and asked the Council to support the proposed addition. Rita Graybill, 801 W. Pine St., said the proposed addition meets all setbacks and is within the allowable square footage for an accessory structure. She noted also that the HPC had approved the design. She said the additional space would be strictly for personal use, noting she was far too busy to run another business. Mike Robinson, 801 W. Pine St., said he is a serious bike rider and has a collection of bikes, which would be stored in the addition. He also pointed out that if the use does become anon-conforming use at some point in the future, the City does have enforcement powers. Mayor Kimble closed the public hearing. Councilmember Junker said he had visited the property. He said the proposed addition is well protected from view, is under the allowable 800 square feet for accessory structures, and he suggested the addition would improve the property by providing storage space. Councilmember Milbrandt agreed that the proposed addition will not encroach into setbacks any more than the existing garage, and pointed out the Council does not have a "crystal ball" to foresee future uses. Councilmember Polehna also pointed out that the proposed addition fits well into the property. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, moved to have a straw vote supporting the Planning Commissions approval of Case No. SUP/V/05-31 and directed the City Attorney to prepare Findings of Fact for the July 19, 2005 meeting. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Page 8 of 11 City Council Meeting - 05-12 Nays: None July 5, 2005 Case No. SUPN105-32. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Todd Huntley for a special use permit for an accessory dwelling and garage with a variance to the accessory dwelling unit size regulations (800 square feet allowed, 1,000 square feet requested) located at 821 Third Street South in the RB. Two Familv Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 24, 2005. Community Development Director Russell reviewed the request to construct an accessory unit over a new garage. The Planning Commission recommended denial. Mayor Kimble opened the public hearing. Mr. Huntley, applicant, explained that the requested 1,000 square feet is the footprint of the garage, 800 square feet for the accessory unit above. He said he wants to construct a carriage style structure, with steeper roofline, to resemble the house, rather than a box-like garage. He said the HPC had no problem with the design and neighbors are supportive. If the 1,000 square feet is not acceptable, he said he would like to ask for approval of 800 square feet. No other comments were received, and the hearing was closed. Councilmember Junker noted the Planning Commission had no problem with the variance to the rear setback; the issue was with the 1,000 vs. 800 square feet. Councilmember Milbrandt noted the Planning Commission had spent a lot of time considering the issue of accessory dwelling units before recommending the change to 800 square feet. Councilmember Harycki asked if the applicant would have to wait a year if the Council voted to deny the request. City Attorney Magnuson suggested the Council could change the request at this time and grant the variance and garage/accessory dwelling of 800 square feet. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to take a straw vote and the City prepare Findings of Fact denying the 1,000 square feet accessory structure, allowing an 800-square-foot garage with accessory dwelling above and granting the variance setback. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible second reading of Ordinance No. 962 amending the City Code relating to fees stated in the Cites Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Ordinance No. 962, amending the City Code of the City of Stillwater. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Page 9 of 11 City Council Meeting - 05-12 Possible final plat approval of Settler's Glen 8th Addition July 5, 2005 Community Development Director Russell said staff is still working with the developer on details, such as parks, drainage and other issues, and would recommend continuance of this issue to the next Council meeting. Motion by Councilmember Polehna, seconded by Councilmember Harycki, to continue this matter to the July 19, 2005, Council meeting. All in favor. Possible approval of addendum to developers agreement for Settler's Glen 8th Addition Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to continue this matter to the July 19 meeting as well. All in favor. NEW BUSINESS Possible accepting of bids and awarding of contract for Pine and Myrtle Street Improvement Project Public Works Director Eckles said three bids were received. The engineer's cost estimate was $478,850. The low bid, submitted by Progressive Contractors of St. Michael's, was $465,576. It was staff's recommendation to award the bid to Progressive Contractors, a firm that has a lot of experience in concrete rehab work. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-149, Accepting Bids and Awarding Contract for Pine Street Concrete Rehabilitation Project (Project 2003-14) Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of plans and specifications for Boutwell Road Public Works Director Eckles said the plans and specs had been submitted to Mn/DOT for final review, but he wasn't sure if they had been approved prior to the state government shutdown. Approval will allow the project to move forward and go to bids. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-150, Approve Plans & Specifications and Ordering Advertisement for Bids for Boutwell Road Improvement Project (Project 2005-05), subject to Municipal State Aid approval. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None o no,~, con+i~n +n +ho 7r~nin`v (lrrlinnnno (future meeting after PC review) Page 10 of 11 City Council Meeting - 05-12 July 5, 2005 Possible approval of temporary banner request -Marathon Oil The request is to hang temporary banners on the canopies of the Oasis Markets on Croixwood Boulevard and Greeley Street from July 19 to August 198. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to grant the request; motion passed unanimously. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Harycki, moved to adjourn at 8:19 p.m. All in favor. ay L. i I or 1- ~ ,, ATTEST: Diane F. Ward, City Clerk Resolution 2005-145, directing payment of bills Resolution 2005-146, Approving Minnesota Premises Permit For Gambling For Stillwater K.C. Hall located at 1910 South Greeley, Stillwater, MN Resolution 2005-147, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Ruby Begonias, 112 North Main Street, Stillwater, MN Resolution 2005-148, possible approval of 2004-2006 labor agreement between the City of Stillwater and MN Teamsters Public and Law Enforcement Employee's Union, Local No. 320 representing the Stillwater Public Manager's Association Resolution 2005-149, Accepting Bids and Awarding Contract for Pine Street Concrete Rehabilitation Project (Project 2003-14) Resolution 2005-150, Approve Plans & Specifications and Ordering Advertisement for Bids for Boutwell Road Improvement Project (Project 2005-05) Ordinance No. 962, amending the City Code of the City of Stillwater Page 11 of 11