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HomeMy WebLinkAbout2005-07-19 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-15 July 19, 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 Staff present: City Attorney Magnuson City Administrator Hansen Fire Chief Glaser Police Chief Dauffenbach Finance Director Harrison Community Development Director Russell Public Works Director Eckles City Clerk Ward APPROVAL OF MINUTES - Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the July 5, 2005, regular, recessed and executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of New Police Officers -Lance Christianson and Austin Peterson Police Chief Dauffenbach introduced new Officers Lance Christianson and Austin Peterson. Mayor Kimble administered the oath of office to the new Officers. Tom Koop Larson Allen Weishair & Company Tom Koop of Larson, Allen, Weishair & Company reviewed the audit of the City's financial statements for the year ending Dec. 31, 2004. The audit resulted in a clean opinion, found no material weaknesses in internal control and a clean report on Minnesota Legal Compliance. He noted the City's capital assets had increased from $54 million at year-end 2003 to $60 million at year-end 2004. Another significant increase noted was the percentage of City-owned equity, which increased from 56 percent to 64 percent from 2003 to year-end 2004. He briefly reviewed the individual funds. It was noted that the Recreation Center fund is not reported on an accrual basis as the City made an elected decision not to recoup depreciation costs in that fund. He City Council Meeting - 05 - 13 July 19, 2005 noted the City's net tax capacity has increased; the City had about $12 million remaining in its legal debt margin at the end of 2004; and the City met its goal of a surplus equal to 180 days expenses in the general fund at year end. Mr. Koop complimented Finance Director Sharon Harrison and her staff for their work and thanked them for their assistance. Mobile Entertainment -Historical Tours on Segwa~ Mr. Bill Newenschwaner of Mobile Entertainment appeared before the Council. Mobile Entertainment is a Minneapolis-based company that gives guided historical tours utilizing Segways. He said the company would like to expand and give tours in the Stillwater area beginning next year. In Minneapolis, he said the tours primarily utilize Park Board trails/property. He said the tours are guided in order to make them safe to the public and to the tour-goers. He said the season runs from about April 1 to mid- November, or whenever there is snow/ice. He said they would probably begin in Stillwater with about 8 to 10 Segways, and he asked the Council to consider allowing the operation beginning next year. Attorney Magnuson suggested that the use would require a Special Use Permit and that the use could be referred to the Planning Commission for review. Councilmember Polehna asked if the Park and Recreation Board should review the proposal as well; Mr. Magnuson responded that the Planning Commission could make that recommendation. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to refer the request to the Planning Commission for its review and recommendation. All in favor. OPEN FORUM Jay Liberacki, US Homes, asked that the Council consider approval of the final plat for Settler's Glen 8th Addition. He said the Planning Commission granted final plat approval in April. However, there were some conditions the developer was not comfortable with and a continuance was asked for and granted. Subsequently, the matter got caught up in vacation schedules. While the matter was not on the regular meeting agenda, he said he was prepared to talk with the Council. The issue, he said, relates to three home sites. Mayor Kimble noted that the City Council typically hears appeals in such cases, when there is an impasse in the normal process. Mayor Kimble suggested that Mr. Liberacki meet with Community Development Director Russell and Public Works Director Eckles and find out what needs to be done to get approval. If that fails, he said Mr. Liberacki could ask to be put on the agenda as a special item. Mr. Liberacki said he looked forward to receiving approval at the Aug. 2 Council meeting. Two residents submitted letters to the Council. Page 2 of 11 City Council Meeting - 05 - 13 STAFF REPORTS July 19, 2005 Fire Chief Glaser reported that the fire service delivery study is nearing completion. The committee has reviewed and commented on the draft report. A formal presentation to the Council is scheduled for the 4:30 p.m. meeting Sept. 6. Community Development Director Russell gave a brief update on County Road 15 improvements. The County hosted an open house for residents on June 22. He said noise was a primary issue with residents of the Liberty development. He said the County will be coming to the City in November to ask for design approval. Public Works Director Eckles reported that a section of sanitary sewer near Aspen and North Second Street is in very poor condition and in danger of collapse. He said plans are to do an open cut in that portion of the street and then patch the street until the road is scheduled for reconstruction. Mayor Kimble suggested authorizing Mr. Eckles to take appropriate emergency action to avoid the sewer collapse. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki authorizing Mr. Eckles to proceed with the emergency repair. All in favor. Mr. Eckles reported a problem with a storm sewer at North Fourth Street and the Elm Street ravine. He said when the City did the ravine project in 1994-95, it ran pipe to just short of North Fourth where it connected with a 6' diameter stone arch pipe and flume. The flume has been undercut and is in need of immediate attention. Mr. Eckles said crews could either do emergency repairs or remove the flume and finish the project all the way to North Fourth. He said he would recommend the permanent fix or the situation could recur in the future. The Council agreed that it was time to do a permanent fix and directed Mr. Eckles to come back with a cost estimate at the next Council meeting. Councilmember Harycki asked if the work would be assessed. Mr. Eckles suggested that the storm water utility fund was for such purposes. Mr. Eckles asked for direction on whether to open the restrooms in Lowell Park during Lumberjack Days. In the past, he said, the City restrooms have been locked due to the difficulty in keeping them operational with the anticipated crowds. However, he said the restrooms could be open and staffed if the Council so desired. Councilmember Junker spoke in favor of keeping the bathrooms open. Mayor Kimble and Councilmember Polehna suggested it would be better to have some extra portable toilets rather than keep the City facilities open due to their age and current condition. Councilmember Milbrandt noted that with the exception of the fireworks, there are few activities scheduled in the south part of Lowell Park during Lumberjack Days. It was agreed to utilize portables and lock the City facility during Lumberjack Days. Mr. Eckles noted there is a possibility new restrooms might be included in the upcoming flood control project. Page 3 of 11 City Council Meeting - 05 - 13 July 19, 2005 City Attorney Magnuson asked that a name change for the Freight House liquor license be added to the Consent Agenda. He said it was a name change only requested by license holder Robert Sabis. Motion by Councilmember Junker, seconded by Councilmember Polehna, to add the liquor license name change to the Consent Agenda. All in favor. City Administrator Hansen reported that the City will likely be issuing an order to the owner of a house that burned down that the property be cleaned up. He said the owner had been given adequate time to resolve any issues with insurance, etc. City Administrator Hansen reported that Washington County and the City of Oak Park Heights had reached agreement on detaching some property from Oak Park Heights to allow for the expansion of the Government Center campus. He said County Administrator Schug has asked that the City enter into adetachment/annexation agreement, which will allow the property transfer to take place. He said Mr. Magnuson has no problem with the requested agreement. Mr. Hansen also suggested that having the County offices here is an advantage and he would not like to see a move to a satellite facility. Mr. Magnuson noted the action requires two resolutions -one for a joint powers agreement and another for orderly annexation. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005- 158, approval of the joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005-159, approving the orderly annexation agreement with Oak Park Heights. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None CONSENT AGENDA Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the Consent Agenda with the additional item requested by City Attorney Magnuson. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-151, directing payment of bills Resolution 2005-152, authorizing execution of grant agreement with the Minnesota Department of Public Safety for Safe and Sober Communities Project Page 4 of 11 City Council Meeting - 05 - 13 July 19, 2005 Request to trade in the 325 Toro Mower for two Lazer mowers, one 72 inch and one 60 inch zero turn Possible approval of Special Event Request -ArtReach Alliance -Home Tour - September 17, 2005 Request to purchase T-5 20 lamp fluorescent fixtures - St. Croix Recreation Center Possible approval of installation of banner -ArtReach Alliance -Historic Homes Tour - August 26-September 18, 2005 Possible approval of installation of banner -Blessing of the Animals -Ascension Episcopal - Sept. 16 -October 2, 2005 Possible approval of special event request -River Valley Endodontics -August 25, 2005 Possible approval of request to sell Christmas Trees at Lily Lake Tennis Courts -Stillwater Elks Resolution 2005-153, authorizing assessment refund for Robert & Clarice Anderson Resolution 2005-154, approval of Change Order # 1 for Curve Crest Trail Resolution 2005-155, resolution accepting work and authorizing final payment for 2003 Street Improvement Project Possible approval of Utility Bill Adjustments Resolution 2005-156, possible approval of Agreement with Karen L. Richtman and Associates, d/b/a Service on a Shoestring, for Source Reduction Program for Schools Resolution 2005-157, approving name change from Freight House, Inc. to Freight House LLC. 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. (continued from July 5, 2005 meeting) Community Development Director Russell stated the 60-day rule on this request expires July 20, and the case is scheduled to be reheard by the Planning Commission in August. City Attorney Magnuson said the application should be denied or operational law -the 60-day rule -would approve it by default. City Attorney Magnuson also suggested that the case should be denied without prejudice to allow it to go back to the Planning Commission. Mayor Kimble opened the public hearing and closed the hearing when no comments were received. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to deny Case No. SUB/05-26 without prejudice. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Page 5 of 11 City Council Meeting - 05 - 13 UNFINISHED BUSINESS July 19, 2005 Possible approval of resolution adopting findings of fact for Case No. SUB/V/05-33 City Administrator Hansen stated the City had received a request from the Eckberg law firm that this Case be stayed; the applicant would waive the 60-day rule if the stay were granted, he said. Councilmember Harycki noted that at the last meeting, residents asked the Council for definitive action, saying they were tired of having to show up at numerous meetings. Councilmember Harycki suggested it was time to put this matter to bed rather than have it come back in 60 days or two weeks. City Attorney Magnuson said granting a stay is a discretionary action on the part of the Council. If the findings of fact are adopted, Mr. Magnuson said item 1 in the findings should be corrected to indicate the applicant has an option to purchase the property. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-160, resolution adopting findings of fact, conclusions and order related to the denial of a variance to the minor subdivision and variance of lot size regulations (10,000 sq. ft. required, 8,625 sq. ft requested) to split an existing 17,250 square foot corner lot into two 8,625 sq. ft. lots located at 1801 North Fourth Street in the RB, Two Family Residential District (Case No. SUB/V/05-33), with the correction as noted by Attorney Magnuson. Ayes: Councilmembers Harycki, Milbrandt and Polehna Nays: Mayor Kimble Abstain: Councilmember Junker Possible approval of resolution adopting findings of fact for Case No. SUP/V/05-31 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-161, resolution adopting findings of fact, conclusions and order related to the approval of 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 (Case No. S U B/V/05-31 ). Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of resolution adopting findings of fact for Case No. SUP/V/05-32. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt Resolution 2005-162, resolution adopting findings of fact, conclusions and order related to the denial 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 Family Residential District (Case No. SUP/V/05-32). Page 6 of 11 City Council Meeting - 05 - 13 July 19, 2005 Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Traffic Impact Fees Public Works Director Eckles said he and Attorney Magnuson had discussed options for implementing a transportation recovery fund. He said two models were looked at, the Rochester model and the Maple Grove model, which was the model preferred by the Builders Association of the Twin Cities. Mr. Eckles said developers favor the Maple Grove model because it allows the fees to be assessed against the property rather than having to pay one large fee at the time of platting. He noted there are built in securities to ensure that the assessments do get paid. As proposed, the City's policy would combine parts of both models, providing developers with the option of requesting that the fees be assessed against the property. As proposed, Stillwater's fee would be $13,000-$14,000/acre for residential properties and $47,000/acre for commercial property. Mr. Magnuson said the authority to charge such fees comes from law that gives cities the right to review developments in respect to the adequacy of the existing infrastructure. ADistrict Court challenge has upheld the authority to collect "traffic adequacy" fees, he said. It also was noted the proposed fees would apply only to the expansion area, which results in the need for new collector roads, not to the downtown developments. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-163, resolution establishing policy on use of contribution agreements to improve substandard streets. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Special Event Request & Temporary Liquor License -American Legion Post 48 -July 21-23, 2005 Councilmember Milbrandt moved to deny American Legion Post 48's request for the temporary liquor license. He said the Legion has a place of business and no need to go to the parking lot across the street to sell alcohol and food and asked what is to prevent other businesses in the downtown from asking to do the same. Mr. Milbrandt's motion died for lack of a second. Councilmember Polehna asked Police Chief Dauffenbach for his thoughts on the request. Chief Dauffenbach noted that a similar request from the Freight House was denied last year. He said it was felt that expanding use outside of the establishment amounted to expanding the occupancy of a particular establishment. Chief Dauffenbach felt that this could lead to more requests by businesses to expand use to private property. There was a question about time of the sales. City Attorney Magnuson said Page 7 of 11 City Council Meeting - 05 - 13 July 19, 2005 the Planning Commission had approved sale of beer and brats until 6 p.m. all three days. Councilmember Polehna stated that he was in favor of the sale of brats but said he was opposed to the sale of beer in neighborhoods. Motion by Councilmember Polehna, seconded Councilmember Junker to approve the sale of brats and non-alcoholic beverages. Councilmember Junker asked about fencing requirements. Chief Dauffenbach said if approved, the applicant would have to meet certain conditions, including fencing and having security on site. Mayor Kimble spoke of the many donations the Legion makes to the City police and fire departments and many other contributions to the community. He noted the Legion has no deck and no yard and suggested the request wouldn't result in loud music and a young, unrestrained crowd. Councilmember Milbrandt said considering the year-long effort to downscale Lumberjack Days and respond to citizen concerns and then allow this expansion of the sale of alcohol 48 hours before the event doesn't make sense. Councilmember Harycki said he thought Mr. Polehna's motion was a good compromise and suggested the request might be re-evaluated next year. Councilmember Polehna amended his motion to allow the sale of brats and non-alcoholic beverages until 10 p.m. July 21-23. Councilmember Junker agreed to the amended motion. Motion passed 4-1, with Mayor Kimble voting no. Recommendation from Heritage Preservation Commission for moratorium on subdivisions Mayor Kimble noted that the North Hill had been under a lengthy moratorium until completion of the sewer/water services installation. Rather than another moratorium, he suggested that the Council consider having the first reading of an ordinance to require Heritage Preservation Commission design review for infill housing and have the second reading of the ordinance after the HPC/Planning Commission develops design guidelines. Councilmember Harycki asked how long it might take to develop design criteria. Howard Lieberman, chair of the HPC, responded that it will take some time to develop guidelines that are broad enough to provide some flexibility and not too broad as to be useless. He noted it is important to have guidelines so review doesn't become a situation of substituting the HPC's taste for someone else's. Mr. Lieberman also said he thought it would be fair to get community input in developing guidelines. Councilmember Milbrandt expressed a concern about putting the HPC under the gun to develop guidelines. He noted that a moratorium could be withdrawn at any time. He noted there is consensus to move to infill design review and questioned how long a Page 8 of 11 City Council Meeting - 05 - 13 July 19, 2005 window will be left open by waiting to have the second reading until guidelines are developed. David "Choc" Junker, 1001 N. Fourth St., spoke against any moratorium and also questioned the HPC's involvement. Motion by Councilmember Harycki, seconded by Councilmember Polehna approving the first reading of an ordinance for design review of infill lots. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Recommendation from Heritage Preservation Commission on architectural investic a~ for Motion by Councilmember Harycki, seconded by Councilmember Polehna, to accept the recommendation from the Heritage Preservation Commission and adopted Resolution 2005- 164, approval to hire Empson Archives for the final architectural study. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of tobacco license for Water Street Inn Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2005-165, approving new tobacco license for St. Croix Preservation Company, Inc., DBA: Water Street Inn. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of sanitary sewer rates A memo from Finance Director Harrison was in the agenda packet outlining three possible options for a sanitary sewer rate increase. Administrator Hansen noted that the Metropolitan Council increases the City rates annually and it is easier to do small annual rate increases rather than waiting and implementing a big fee increase. Roll call vote was taken. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-166, approving increase in overage sanitary sewer rate. Ayes: Councilmembers Junker, Harycki, Milbrandt, Polehna and Mayor Kimble Nays: None Page 9 of 11 City Council Meeting - 05 - 13 Possible setting of budget meeting schedule July 19, 2005 Finance Director Harrison noted that the deadline for submitting the preliminary budget and levy to Washington County is Sept. 15. She recommended holding special budget workshops from 4:30 to 6 p.m. Aug. 16 and 4:30 to about 10 p.m. Aug. 23, with adoption of the proposed budget and levy on Sept. 6 and another special meeting Sept. 13, if necessary. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt the proposed budget meeting schedule. All in favor. COMMUNICATIONS/REQUESTS Letter and Petition regarding McKusick Lake City Administrator Hansen said the letter was included for information only. It was noted the Council previously took action ordering a study of the situation. Public Works Director Eckles said he hoped to have some information for the Council by the next Council meeting. COUNCIL REQUEST ITEMS Councilmember Harycki said he had received a number of calls about the intersection of Fourth and Laurel and wondered if traffic counts would be done during the upcoming bridge closure. Public Works Director Eckles said that intersection has been discussed and it might be possible to do counts if extra machines are available. Police Chief Dauffenbach said his department is looking into a vegetation complaint at that intersection also. Mayor Kimble asked if it would be possible to get some City assistance for a resident whose sewer line was cut by Xcel. Administrator Hansen said he had just heard from the League of Minnesota Cities and the City's insurance carrier has accepted responsibility for the incident in question, so assistance is forthcoming. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Harycki to adjourn at 9:50 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk r le, M or Page 10 of 11 City Council Meeting - 05 - 13 July 19, 2005 Resolution 2005-151, directing payment of bills Resolution 2005-152, authorizing execution of grant agreement with the Minnesota Department of Public Safety for Safe and Sober Communities Project Resolution 2005-153, authorizing assessment refund for Robert & Clarice Anderson Resolution 2005-154, approval of Change Order # 1 for Curve Crest Trail Resolution 2005-155, resolution accepting work and authorizing final payment for 2003 Street Improvement Project Resolution 2005-156, possible approval of Agreement with Karen L. Richtman and Associates, d/b/a Service on a Shoestring, for Source Reduction Program for Schools Resolution 2005-157, approving name change from Freight House, Inc. to Freight House LLC. Resolution 2005- 158, approval of the joint powers agreement with Washington County, Oak Park Heights and the City of Stillwater Resolution 2005-159, approving the orderly annexation agreement with Oak Park Heights. Resolution 2005-160, resolution adopting findings of fact, conclusions and order related to the denial of a variance to the minor subdivision and variance of lot size regulations (10,000 sq. ft. required, 8,625 sq. ft requested) to split an existing 17,250 square foot corner lot into two 8,625 sq. ft. lots located at 1801 North Fourth Street in the RB, Two Family Residential District (Case No. SUB/V/05-33) Resolution 2005-161, resolution adopting findings of fact, conclusions and order related to the approval of 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 (Case No. SUB/V/05-31 ). Resolution 2005-162, resolution adopting findings of fact, conclusions and order related to the denial 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 Family Residential District (Case No. SUP/V/05-32). Resolution 2005-163, resolution establishing policy on use of contribution agreements to improve substandard streets. Resolution 2005-164, approval to hire Empson Archives for the final architectural study. Resolution 2005-165, approving new tobacco license for St. Croix Preservation Company, Inc., DBA: Water Street Inn. Resolution 2005-166, approving increase in overage sanitary sewer rate Page 11 of 11