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HomeMy WebLinkAbout2008-09-02 CC MIN ~~3 T.E IIIT."..E Of MI....~ CITY OF STILLWATER CITY COUNCIL MEETING September 2, 2008 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg (4:36 p.m.), Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders STAFF REPORTS Fire Chief Glaser updated the Council on a townhome fire that occurred on Abercrombie Lane on August 28, 2008. He said the fire, which started in the attic of a 1 O-unit build- ing, was confined to one unit; there were no injuries and the cause of the fire is under investigation. . Mayor Harycki asked Community Development Director Turnblad if the Comprehensive Plan includes anything regarding wind and solar power policies and whether the Com- prehensive Plan includes anything regarding economic development, specifically for re- tail, on Main Street. Mr. Turnblad said most communities in the natural resources sec- tion of the plan include some language about encouraging alternative energy sources, items such as encouraging solar panel or wind tunnel placement. Mr. Turnblad stated that language could be added that the City would explore the possibility of allowing solar panels, etc. Mayor Harycki said he thought the City should be proactive in anticipating such requests. Councilmember Milbrandt suggested language that the City will develop ordinances around alternative energy sources. Councilmember Polehna suggested language that encourages energy conservation as a whole. Regarding the Mayor's question about economic development, Councilmember Gag said the plan does include language that the City is pro economic development for Main Street. Mr. Turnblad said the downtown section of the plan does include specific language about economic de- velopment initiatives that involve the City, Chamber, and local business owners. Mr. City Council Meeting September 2, 2008 Turnblad said that would be one of his priorities once the Comprehensive Plan is com- pleted. . Councilmember Polehna asked Public Works Director Sanders about City rules for trimming trees/brush to keep sidewalks/trails passable for pedestrians and whether some of that responsibility lies with homeowners. Mr. Sanders stated that in the past, the City has notified homeowners when there is an obstruction due to their trees or shrubbery, and if the homeowner does not correct the situation, the City does the work. Mr. Sanders thought the standard is an 8' clearance. City Administrator Hansen gave a brief report on the annual picnic for City commis- sions/boards, which was attended by about 60 people. Mayor Harycki told Mr. Sanders the issue of lights at Lily Lake tennis courts came up at the picnic. Mr. Hansen said he had received some information about that issue from Tim Thomsen and would forward that to the Mayor. Mayor Harycki asked about the status of the administrative citations. Chief Gannaway said due to Lumberjack Days, the RNC, and the need to do some training, it was de- cided to wait to implement the program for several weeks. The meeting was recessed at 4:46 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Mayor Harycki noted the passing of Bob Lockyear, who served Washington County for many years and who served as interim Community Development Director for the City. Page 2 of 9 City Council Meeting September 2, 2008 APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the August 12, 2008, regular and recessed meeting minutes and August 19, 2008, regular meeting mi- nutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Constitution Week Mayor Harycki read a proclamation designating Sept. 17-23 as Constitution Week in the City of Stillwater. Anita Carter, St. Croix Valley Chapter of the DAR, read a written re- sponse reminding citizens of the importance of the Constitution. OPEN FORUM No public comments. CONSENT AGENDA Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Resolution 2008-108, directing payment of bills Resolution 2008-109, approving agreement with Donald Empson for 2nd Phase of Heir- loom Homes project Possible approval of permit to sell 3.2% liquor - Lily Lake Ballfields - Brian Nelson PUBLIC HEARINGS Case No. 08-30. This is the date and time for a public hearinq to consider a request from Scott Junker, representin~ David and Bev Junker, for a street vacation request for a 150 foot portion of Aspen Street between 1001 North 4th Street and 920 North 3rd St in the RB, Two Familv Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on Auqust 22, 2008. Community Development Director Turnblad reviewed the request and site. He noted that currently water services run through the middle of the right-of-way, and if the vaca- tion if approved, staff would recommend obtaining an easement for the water services as well as an easement for any future trail that might connect to a nearby ravine. He noted that the Planning Commission and staff recommend denial of the vacation due to the public use of the property. . Page 3 of 9 City Council Meeting September 2, 2008 Mayor Harycki opened the public hearing. John Donovan, 106 Wilkins St. W., opposed the vacation, stating he thought a vacation should occur only if the moving party uses the property for some public purpose, which is not the case here. If no public purpose is needed, he thought the City should retain the rights to the property for future/potential public purposes. If the Council were to ap- prove the request, he thought the property should be sold or auctioned off, rather than vacated to the moving party at no cost. In addition, he thought the proposed use of the vacated parcel, construction of a home, would be inappropriate due to size and location of the new home. Mike Sobieski, 1022 Third St. N., stated he was opposed to the vacation and agreed that this is not the proper use of City property. Pat Sullivan, 921 N. Fourth St., spoke in opposition to the request. He also stated he would like the City to take care of the property, not the Junkers. Scott Junker, applicant, explained the history of the request. . He noted that the Junkers have maintained the property for many years, and noted the resultant lot would be 7,500 square feet and meets the minimum lot size in the RB District. He questioned why some people could obtain vacations and variances and other people cannot. David "Choc" Junker, 1001 Fourth St. N., spoke to previous vacations in the area and asked the Council to consider the request. He also stated they would have a buildable lot, and noted they have maintained the property in question for some 40 years. He in- vited Councilmembers to come up and look at the lot. . Mr. Turnblad reviewed the nearby vacations in question, including a license to build a driveway over an unimproved portion of Third Street. City Attorney Magnuson noted the license can be canceled if the public needs the right-of-way and noted the City has simi- lar arrangements throughout the City. Kevin Kiel, 722 Anderson St. W., spoke against the vacation request. He stated that when his mother, Josephine Kiel, signed the vacation request she did not understand the request and that it would result in a non-conforming lot. No other comments were received, and the hearing was closed. Mayor Harycki spoke of the potential public use of the property in the future and said he did not think vacation of the street would serve any public purpose at all. Council- member Milbrandt stated this request came before the Planning Commission on two occasions and both times, the Commission could see no public benefit to granting the vacation. Mr. Milbrandt pointed out in the previous nearby vacation (Lange/Kiel), the right-of-way was not being use for any public purpose and the vacation did not land lock anyone or create any non-conforming parcels. Councilmember Nyberg stated there Page 4 of 9 City Council Meeting September 2, 2008 have been many instances in the past when vacations have been granted and there is no public benefit. Mayor Harycki spoke in favor of preserving the City's future rights. Motion by Mayor Harycki, seconded by Councilmember Milbrandt to deny the request. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Case No. 08-34. This is the date and time for a public hearinQ to consider a request from Paul Weiler, Youth Service Bureau, Inc., for a Zoning Text Amendment to allow "amusement and recreation establishments bv special use permit in the BP-O, Business Park Office District" lo- cated at 1901 Curve Crest Blvd, Suite 101 and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on AUQust 22, 2008 Community Development Director Turnblad reviewed the request. He stated the Plan- ning Commission had approved the special use permit contingent on the Council's ap- proval of the zoning text amendment. He stated the Planning Commission felt recrea- tional uses could be an appropriate use in the zoning district, but did not want to open the door "too wide" to all recreational uses and recommended that staff develop some language to limit the impact of recreational uses on the Office District. Mr. Turnblad stated that staff had developed five performance standards to address the Planning Commission's concerns. Mayor Harycki asked about the cos.t of meeting one of the standards - hiring a qualified professional to certify the establishment will meet noise standards under normal operating conditions. Mr. Turnblad responded that the real cost will be doing the insulation to provide for noise mitigation. Mayor Harycki opened the public hearing. Paul Weiler, executive director of the Youth Service Bureau, reviewed the background of the Youth Service Bureau's involvement in the skate park project and spoke of the benefits of providing such a facility for local youths, including mentoring and tutoring programs. Kevin Kiel, 722 Anderson St. W., spoke in support of the indoor skate park and the im- portance of such a facility for local youth. Sam Johnson, 722 Anderson St. W., spoke in favor of the skate park, noting that in the winter, this is the only place for youths to skate. No other comments were received, and the hearing was closed. Mayor Harycki asked City Attorney Magnuson if there he had any conflicts with his of- fice being next to the space in question. City Attorney Magnuson responded there is no financial interest involved, so there is no conflict of interest. Councilmember Milbrandt reviewed the Planning Commission's position on the issue. Page 5 of 9 City Council Meeting September 2, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Polehna to approve the first reading of the zoning text amendment (first reading) with the five performance standards as presented. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible adoption of resolutions: Adoptinq the proposed tax levy for the pavable year 2009, Adoptinq the proposed budqet for the year 2009, and Settinq pavable 2009 Truth-N- Taxation Pubic Hearinq dates Finance Director Harrison noted the proposed budget reflects what was proposed dur- ing budget workshops in July. She stated the total tax levy, including the general tax levy, debt service levy and PERA levy, amounts to $10,099,769. She said staff's rec- ommendation is to hold the Truth-In-Taxation public hearing on December 1, with a con- tinuation date of December 9. She noted that the Council might want to consider mov- ing the regular December 2 meeting to December 1 to coincide with the Truth-In- Taxation hearing; she explained that the City could not hold its taxation hearing on De- cember 2 due to a conflict with the School District hearing date. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to move the regu- lar December 2 meeting date (4:30 p.m. workshop and 7 p.m. regular meeting) to December 1, 2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2008-110, adopting the proposed tax levy for the payable year 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-111, adopting the proposed budget for the year 2009. Ayes: Councilmember Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Page 6 of 9 City Council Meeting September 2, 2008 Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-112, setting payable 2009 Truth-N-Taxation public hearing, scheduled for Monday, De- cember 1 2008. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Possible adoption of resolutions for cost declarations, orderinq preparation of assessment roll. and callinq for hearinq on the Sidewalk Rehabilitation Project (Project 2008-05). (Resolution- Roll Call) Public Works Director Sanders explained that an assessment hearing needs to be con- ducted on the sidewalk rehabilitation project and prior to the hearing, the City needs to declare the cost and order staff to prepare the assessment roll. He estimated cost of the sidewalk project is $54,577, $5,000 of which is work to be done on City property and not assessed; making the assessed cost $49,577. He noted the work has not started but will be completed by the time of the proposed assessment hearing date of October 7. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-113, resolution declaring the cost to be assessed, and ordering preparation of proposed assessment for 2008 Sidewalk Rehabilitation Project (Project No. 2008-05) and Resolution 2008-114, resolution calling for hearing on proposed assessment for 2008 Sidewalk Rehabili- tation Project (Project 2008-05). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Nays: None Possible adoption of resolutions for cost declarations, orderinq preparation of assessment roll, and callinq for hearinq on the Street Improvement Project (Project 2008-02), Public Works Director Sanders explained that like the sidewalk project, the Council needs to declare costs and order an assessment hearing for the 2008 street improve- ment project. He said the recommendation is to hold the hearing on October 7. Project cost is estimated at $1,580,000, with about $64,000 being paid by the Water Board for a new water main and $72,000 being paid for through TIF funds for the Cub parking lot improvements, leaving the project cost at $1.4 million, of which $720,000 would be as- sessed, the same as what was in the feasibility study. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-115, resolution declaring the cost to be assessed, and ordering preparation of proposed assessment for 2008 Street Improvement Project (Project No. 2008-02) and Resolution 2008- 116, resolution calling for hearing on proposed assessment for 2008 Street Improvement project. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna, and Mayor Harycki Page 7 of 9 City Council Meeting September 2,2008 Nays: None COUNCIL REQUEST ITEMS Councilmember Gag stated he would be holding one of his Town Hall meetings at 7 p.m. September 17 in the downstairs training room. He said the meeting is open to Ward 1 residents as well as other interested residents of Stillwater. Mr. Gag stated he serves on the Cable Commission and had asked about the possibility of airing Council meetings on multiple occasions. He said the Cable Commission feels this might be possible, but any costs might have to be shared by the three communities represented on the Commission. Mayor Harycki stated the Liberty homeowners have formed a traffic committee and some temporary stop signs have been installed during the Manning Avenue construction. He said the committee has approached the City with a number of requests, including making the four temporary stop signs permanent, as well as installing some permanent "no out- let" signs. He said the temporary stop signs seem to be working, and wondered whether the Council wished to drive the area and consider the request at the next meeting. Councilmember Nyberg suggested this issue relates to a previous study. Public Works Director Sanders stated the whole Liberty development was looked at as part of the study, and there were no recommendations to change the signs at these locations. If the City wants to look at these locations, Mr. Sanders recommended that an engineering study be conducted to determine whether the signs are warranted. On a question by City Administrator Hansen, Mr. Sanders thought the no outlet signs make sense if the residents want them. Councilmember Nyberg said he would like the whole development to be surveyed regarding the requested signage to determine support. Councilmember Milbrandt suggested that any study should not be completed until after the Manning Avenue project is finished in order to get accurate traffic counts. Councilmember Mil- brandt clarified that the City would be studying the stop signs and considers the no outlet signs after staff comes back with a proposal. Mr. Sanders asked whether the Council wanted the temporary signage to be retained af- ter Manning Avenue is reopened or removed, as was the original intent. Mr. Sanders pointed out that if the City wants to do a speed study, the stop' signs have to be removed. Mayor Harycki stated that the request from both the Liberty and Legends homeowners is that the City considers reducing the speed limit in those developments to possibly 20 mph. Councilmembers Nyberg and Gag stated they had received similar requests to lower the speed limit in the older sections of town and suggested a more citywide ap- proach needs to be taken. City Administrator Hansen cautioned that very rarely will the Commissioner of Transportation lower the speed limit below 30 mph. Councilmember Nyberg asked about the cost of studies if the City were to bring such requests to MnDOT. Mr. Sanders said the first thing the City needs to do .is prepare a resolution re- questing the Commissioner to conduct a speed study; it was noted the resolution must be very specific as to the locations where the studies are requested. It was consensus Page 8 of 9 City Council Meeting September 2, 2008 to forward suggestions for streets to look at to Mr. Sanders and have Mr. Sanders return with information on any costs to the City. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 8:25 p.m. All in favor. A~ST: /Ut~daJ~ Diane F. Ward, City Clerk Resolution 2008-108, directing payment of bills Resolution 2008-109, approving agreement with Donald Empson for 2nd Phase of Heir- loom Homes project Resolution 2008-110, adopting the proposed tax levy for the payable year 2009. Resolution 2008-111, adopting the proposed budget for the year 2009. Resolution 2008-112, setting payable 2009 Truth-N-Taxatioh public hearing, scheduled for Monday, December 1 2008 Resolution 2008-113, resolution declaring the cost to be assessed, and ordering prep- aration of proposed assessment for 2008 Sidewalk Rehabilitation Project (Project No. 2008-05) Resolution 2008-114, resolution calling for hearing on proposed assessment for 2008 Sidewalk Rehabilitation Project (Project 2008-05) Resolution 2008-115, resolution declaring the cost to be assessed, and ordering prep- aration of proposed. assessment for 2008 Street Improvement Project (Project No. 2008-02) Resolution 2008-116, resolution calling for hearing on proposed assessment for 2008 Street Improvement project Page 9 of 9