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HomeMy WebLinkAbout2005-10-18 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. - 05-22 October 18, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Absent: Councilmember Pohlena Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Russell Public Works Director Eckles Police Chief Dauffenbach Assistant Fire Chief Ballis Director of Administration Knauss City Clerk Ward APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to approve the October 4, 2005 Regular and Recessed Minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Toastmasters. Mayor Kimble read a proclamation recognizing the contributions of the Toastmasters organization and declaring the month of October 2005 as Toastmasters Month in the City of Stillwater. OPEN FORUM Chris Hood, City Attorney with Flahterty and Hood in St. Paul, representing U.S. Homes, Millbrook developer, appeared regarding the possible park and trail dedication policy. He stated the developer has had an ongoing dispute with staff regarding the proposed policy and requested the opportunity to be heard regarding their position on the issue. He asked that the Council consider tabling the possible adoption of the policy pending a possible workshop or until they have had the opportunity to address the Council regarding their position on the matter. Mayor Kimble noted that typically the Council tends to go with staff recommendations and suggested that Mr. Hood communicate to his clients the need to work with staff in an effort to resolve the impasse. He noted the Council has reviewed all the correspondence regarding the issue and reiterated the suggestion that Mr. Hood advise his clients to return to the table with staff with a renewed sense of compromise and harmony. Mr. Hood responded the City Council Meeting - 05-20 October 18, 2005 primary issue is whether trails count for purposes of land dedication, an issue that is more a legal issue than a policy issue. He suggested that the legal issues and past practices are "overarching" in terms of what staff can or cannot do. Mr. Hood asked that the park and trail dedication policy be put on hold until they have had an opportunity to further discuss the issues with staff. STAFF REPORTS Assistant Fire Chief Ballis gave a brief update on the hurricane relief efforts. The two local firefighters who were sent to Louisiana fulfilled their duties with Minnesota's Task Force 1 and are returning home. Task Force 2 was deployed the weekend prior to the Council meeting. Chief Glaser is a part of Task Force 2 and will be deployed for 16 days. FEMA is paying for all wages for Task Force 1 and Task Force 2. Also, he updated the Council on Fire Prevention Week activities; over 1,000 people participated in the Department's open house event. Public Works Director Eckles replied to a question regarding the completion of Myrtle Street. He said he expected the work will be completed by the end of the week following the Council meeting. CONSENT AGENDA* Councilmember Junker, seconded by Councilmember Milbrandt, moved approval of the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Resolution 2005-224, directing payment of bills Possible approval to purchase 5-6 new benches for Downtown Resolution 2005-225, approval of SafeAssure Consultants, Inc. for OSHA and safety consultation Resolution 2005-226, approving Minnesota Premises Permit for Gambling for Climb, Inc at the Harbor Bar, 517 N. Owens Street, Stillwater, MN Resolution 2005-227, resolution amending the assessment roll for the 2005 Street Improvement Project (Project 2005-02, L.I. 365) by removing the water service assessment on the property located at 1123 South Fifth Street PUBLIC HEARINGS This is the date and time for a public hearing to consider the increase in fees for liquor licenses. Notice was published in the Stillwater Gazette on September 16, 2005 and mailed to affected liquor license holders. City Clerk Ward explained that state law requires a public hearing for any increase in liquor license fees. The hearing is to consider an increase in fees not to exceed 10 percent, she noted. Page 2 of 9 City Council Meeting - 05-20 October 18, 2005 Mayor Kimble opened the hearing. Deb Junker, Ruby Begonia's, 112 N. Main St., pointed out that the number of liquor licenses issued depletes the customer base. Secondly, she said this year's Lumberjack Days was a "bust" economically for the bars downtown. She also spoke of expected energy cost increases and the impact of the lift bridge closing, along with the impact of the change in state law to .08. She asked that the fees not be increased by 10 percent. Steve Meister, 901 S. Fourth St., Meister's Bar and Grill, also spoke of increasing energy costs and said another 10 percent increase would be a bit steep. Jim Junker, Ruby Begonia's, said his real concern is with the state .08 law. He suggested the issue be studied for a year and said long-term the .08 level could necessitate a decrease in the license fees. Mayor Kimble closed the public hearing. Councilmember Junker noted that the Council has kept license fees fairly well in check; he suggested in future the City consider a tier system of fees. Councilmember Harycki noted the 10 percent came up during consideration of the proposed budget and property tax increases of about 10 percent; he said the intent is basically to match the increase in the City budget. Councilmember Milbrandt suggested that in the future the City consider a variable rate structure based on sales. Councilmember Harycki also spoke of the possibility of a tiered system. Councilmember Milbrandt moved to proceed with the license fee increase as proposed and to direct staff to begin looking at a variable rate structure for the future. Councilmember Junker said he would be more comfortable with an increase of 5-8 percent, rather than 10 percent since the fee may be in place for 2006 only. Councilmember Milbrandt proposed to increase fees by 7 percent for 2006 only. Mayor Kimble pointed out that bar owners also have seen significant increases in commercial property taxes and said he would like to see something less than 7 percent. Councilmember Harycki noted the proposed 7 percent increase only amounts to about $50. Councilmember Milbrandt agreed to amend his motion to approve a 5 percent fee increase for 2006 and pursue along-term option of a variable fee structure. Councilmember Harycki agreed to amend his second. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-229, approving liquor license fees for 2006. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None This is the date and time for a public hearing to consider a new On-Sale Liquor License for C & G Sukopp, LLC., DBA: Muraski located at 1491 Stillwater Boulevard, Stillwater, MN, ap Ip icant Garv Sukooo. Notice was published in the Stillwater Gazette on September 29. 2005. Page 3 of 9 City Council Meeting - 05-20 October 18, 2005 City Clerk Ward noted this is an existing business with a wine and strong beer license that wishes to upgrade to a full on-sale license. Application has been made and fees paid. Approval is contingent on the required police, fire and building department checks/approval, along with Minnesota Liquor Control. Mayor Kimble opened the hearing. No comments were received and the hearing was closed. Councilmember Junker asked about the number of licenses available. City Attorney Magnuson noted state law was changed and the state no longer restricts the number of licenses if it meets the definition of restaurant. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-230, approving an on-sale liquor license for C & G Sukopp, LLC., DBA: Murasaki. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None This is the date and time for a public hearing to consider a new On-Sale Liquor License for BT Doyles's Rib Joint LLC BT Doyles Rib Joint at 423 South Main Street, Stillwater, MN, applicant Timothy & Barbara Doyle. Notice was published in the Stillwater Gazette on September 30, 2005. City Clerk Ward explained this is a transfer of the license from Pepito's to BT Doyles and is subject to the same conditions as the previous application. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Councilmember Junker noted this is a transfer of license. Motion by Councilmember Junker, seconded by Councilmember Harycki to adopt Resolution 2005-231, approving the transfer of ownership of the on-sale & Sunday sales liquor license to BT Doyle's Rib Joint, LLC, DBA: BT Doyle's Rib Joint. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible second reading of ordinance adopting Park Dedication Policy City Attorney Magnuson noted the proposed ordinance does not change or make any more restrictive the requirements that have been in place since 1996 and last modified in May. State law now requires these standards be set forth in an ordinance rather than a resolution. State law allows the City to require a reasonable portion of the land be set aside for parks, trails and such things. In the past there was a fixed percentage that could be required; statue now permits a "reasonable" portion, he explained. The law also requires a connection between the dedication requirement and the purpose sought to be achieved by the dedication, and that the dedication bear a rough proportionality to Page 4 of 9 City Council Meeting - 05-20 October 18, 2005 the need generated by the new growth or proposed development. City Attorney Magnuson said the City's requirements are more or less in line with other communities the Planning Commission and Planning Department studied. He noted that US Homes complains that the standards have not been applied in a consistent manner, an argument that staff disagrees with. Mr. Magnuson said the issue for U.S. Homes relates to a policy that has been in place for some time -- that the land dedication for trails is not considered in the portion of the land to be dedicated for parks; the reasons for that policy are set forth in the ordinance, he said. The one thing changed from the first draft was the removal of the requirement that if trails are constructed and installed by the developer, the developer still had to pay a fee of $500 per unit. Councilmember Milbrandt noted the request for trails is ever increasing and that the Park Board and Planning Commission have been steadfast in sticking to the 10 percent park land dedication requirement. The ordinance, he said, brings the City in line with state law to adopt the policy by ordinance rather than resolution. Councilmember Harycki noted the call is for more parks, not less. Roll call vote was taken. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Ordinance No. 963, An Ordinance to Establish Park and Trail Dedication Requirements. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Possible approval of Findings of Fact for the application of Jeff & Heather Swanson, Case No. SUB/05-41. Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-232, approval of resolution adopting findings of facts, conclusion and order related to the approval of a subdivision of one lot of 14,982 square feet into two lots, one lot of 7,500 square feet and the other lot of 7,482 square feet and a variance to the lot size regulations (7,500 square feet required) in the RB, Duplex Residential District at 203 St Croix Avenue (Case No. SUBN/05-41). Ayes: Councilmember Harycki, Junker, Milbrandt and Mayor Kimble Nays: None Possible approval of Findings of Fact for the application of Scott Junker, Case No. V/05-54 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-233, approval of resolution adopting findings of facts, conclusion and order related to the denial for a subdivision of a 22,500 square foot lot into two lots; lot a- 10,000 square feet with an existing residence and lot b - 3,700 square feet developable with a variance to the developable lot area (10,000 square feet required) for the construction of a residence with shared driveway access from North Fifth Street located at 1913 North Fifth Street in the RA, Single Family Residential District (Case No. SUBN/05-54). Page 5 of 9 City Council Meeting - 05-20 October 18, 2005 Ayes: Councilmembers Harycki, Junker and Milbrandt Nays: Mayor Kimble Possible approval of Findings of Fact for the application of Richard & Leah Peterson, Case No. SUB/05-55. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-234, approval of resolution adopting findings of facts, conclusion and order relating to the approval of a resubdivision of Lot 2, Blk 1 Cochrane's Long Lake Addition into two lots parcel a - 20,858 square feet (new lot) and parcel b - 46,972 square feet (existing house) located at 7160 Mid Oaks Avenue in the LR, Lakeshore Residential District (Case No. SUB1V/05-55). Ayes: Councilmembers Harycki, Junker and Mayor Kimble Nays: Councilmember Milbrandt Citv Policv on Riverview Drive Sewer Service City Attorney Magnuson explained staff was directed to look at policy that applies to this area and any residences where there are existing septic systems and no readily available sanitary sewer to hook up to. The feasibility study is the first stage that must be followed if the City plans to assess any costs. One of the reasons a project is not feasible for this area is the need to acquire an easement through a yard. Public Works Director Eckles noted that not only was a project extremely expensive, but some owners had already obtained service through individual lift pumps in their basements, so only 3 or 4 remaining homeowners would be the primary benefactors. And he said one of the remaining 3 or 4 owners indicated they have an immediate need for a project. The primary issue, Mr. Eckles said, is whether the City would come out with a policy requiring hook-up when such hook-up is not readily available or economically feasible. Councilmember Junker suggested drafting a letter indicating that that homeowners be notified that if there is a failure in their systems, they are on their own to correct the situation. Mr. Eckles noted there are alternatives such as mound systems or individual lift pumps that are available to the homeowners in question. Councilmember Harycki said it appears homeowners are trying to avoid a Catch 22 and asked whether the City could pass an ordinance exempting these particular homeowners from the requirement to hookup. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to direct City Attorney Magnuson to draft a letter to the three homeowners indicating that based on the Engineer's determination that a project is not feasible or practical, they would not be subject to the hook-up policy until such time as a project does becomes practical or feasible. All in favor. Councilmember Harycki asked how such a letter would be recorded if one of the affected property owners decided to sell their property in the future. Mr. Magnuson responded that the policy might change from Council to Council. Page 6 of 9 City Council Meeting - 05-20 October 18, 2005 City Attorney Magnuson brought up the issue of assessments to two property owners on South Fifth Avenue in the 2005 street improvement project area. The two property owners' water services failed in 1981. At that time, the property owners paid $600 each to have the service replaced with a single service copper line that was shared between the two properties, based on the Water Board's policy at that time. Now it is the policy of the Water Board to split the shared services out so each party will have their own separate service. That was done in this case so each property owner paid $724.53, one-half of a split; they did not file any objections that would preserve their ability to appeal the assessment, but have brought the issue to the City's attention. City Attorney Magnuson noted the Council did not have to correct the assessment to the owners in question, but could if it felt there was an inequity. Councilmember Junker noted that when the two property owners paid to have their service replaced with copper line, they were assured they would never have to have the service replaced again. Yet, 25 years later, they are faced with another assessment due to the street project. Mayor Kimble noted there are many homes that have common services to more than one residence, and said it was very likely the two property owners were assured that the copper service would last a lifetime. Motion by Councilmember Harycki, seconded by Councilmember Junker to adopt Resolution 2005-235, resolution amending the assessment roll for the 2005 Street Improvement Project (Project 2005-02, L.I. 365) for properties at 909 4th Avenue S and 913 5th Avenue S Ayes: Councilmember Harycki, Junker, Milbrandt and Mayor Kimble Nays; None NEW BUSINESS Community Conservationist Award Mayor Kimble noted the City of Stillwater has been nominated and selected as the recipient of the Minnesota Association of Soil and Water Conservation Districts and the Minnesota Pollution Control Agency's annual Community Conservation Award. The award is to be presented at the annual meeting in December. Councilmember Milbrandt and Public Works Director Eckles will attend the meeting to accept the award on behalf of the City. Mayor Kimble extended congratulations to Mr. Eckles for his efforts that contributed to the City receiving the award. Councilmember Milbrandt reminded residents of the planned buckthorn removal event scheduled for Saturday, Oct. 22. Millbrook reauest for worksh Mayor Kimble noted this matter was brought up at the Open Forum and recommended the Council pass on the request until staff indicates they too feel the issue is at impasse. Page 7 of 9 City Council Meeting - 05-20 October 18, 2005 Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to decline the requested workshop at this time. All in favor. Possible appointment to the Planning Commission Mayor Kimble noted there were two qualified applicants for the vacancy created by the resignation of longtime Commission member Darwin "Duke" Wald. Councilmember Junker and Councilmember Milbrandt said they were familiar with applicant Suzanne Block, who has expressed a strong interest in serving and has been in attendance at several Planning Commission meetings. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, to adopt Resolution 2005-236, approval of Appointment to Planning Commission Appointing Suzanne Block to fill the unexpired term on the Planning Commission. Ayes: Councilmembers Harycki, Junker, Milbrandt and Mayor Kimble Nays: None STAFF REPORTS Community Development Director Russell reported that a volunteer work day is scheduled from 9 a.m. to noon, Nov. 5th at Brown's Creek. ADJOURNMENT -adjournment to Executive Session to discuss labor relations issues Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adjourn at 8:45 p.m. to executive session. All in favor. ATTEST: f Diane F. Ward, City Clerk /~ r ~' J 'mb ,Mayor ~'% Page 8 of 9 City Council Meeting - 05-20 October 18, 2005 Resolution 2005-224, directing payment of bills Possible approval to purchase 5-6 new benches for Downtown Resolution 2005-225, approval of SafeAssure Consultants, Inc. for OSHA and safety consultation Resolution 2005-226, approving Minnesota Premises Permit for Gambling for Climb, Inc at the Harbor Bar, 517 N. Owens Street, Stillwater, MN Resolution 2005-227, resolution amending the assessment roll for the 2005 Street Improvement Project (Project 2005-02, L.I. 365) by removing the water service assessment on the property located at 1123 South Fifth Street Resolution 2005-229, approving liquor license fees for 2006. Resolution 2005-230, approving an on-sale liquor license for C & G Sukopp, LLC., DBA: Murasaki. Resolution 2005-231, approving the transfer of ownership of the on-sale & sunday sales liquor license to BT Doyle's Rib Joint, LLC, DBA: BT Doyle's Rib Joint. Resolution 2005-232, approval of resolution adopting findings of facts, conclusion and order related to the approval of a subdivision of one lot of 14,982 square feet into two lots, one lot of 7,500 square feet and the other lot of 7,482 square feet and a variance to the lot size regulations (7,500 square feet required) in the RB, Duplex Residential District at 203 St Croix Avenue (Case No. SUB/V/05-41). Resolution 2005-233, approval of resolution adopting findings of facts, conclusion and order related to the denial for a subdivision of a 22,500 square foot lot into two lots; lot a- 10,000 square feet with an existing residence and lot b - 3,700 square feet developable with a variance to the developable lot area (10,000 square feet required) for the construction of a residence with shared driveway access from North Fifth Street located at 1913 North Fifth Street in the RA, Single Family Residential District (Case No. SUB/V/05-54). Resolution 2005-234, approval of resolution adopting findings of facts, conclusion and order related to the approval of a resubdivision of Lot 2, Blk 1 Cochrane's Long Lake Addition into two lots parcel a - 20,858 square feet (new lot) and parcel b - 46,972 square feet (existing house) located at 7160 Mid Oaks Avenue in the LR, Lakeshore Residential District (Case No. SUB/V/05-55 Resolution 2005-235, resolution amending the assessment roll for the 2005 Street Improvement Project (Project 2005-02, L.I. 365) for properties at 909 4`h Avenue S and 913 5t" Avenue S Resolution 2005-236, approval of appointment to Planning Commission Ordinance No. 963, an Ordinance to Establish Park and Trail Dedication Requirements Page9of9