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HomeMy WebLinkAbout2002-03-19 CC MIN CITY OF STILLWATER . CITY COUNCIL MEETING NO. 02-05 March 19, 2002 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:00 p.m. Present Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Absent None Also Present City Administrator Hansen City Engineer Eckles City Attorney Magnuson Fire Department Chief Kallestad Police Chief Dauffenbach Community Development Director Russell Administration Secretary Moore Press: Julie Kink APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Council member Milbrandt to approve the March 5, 2002 Regular Meeting Minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of retirement plaques to David Reichow. Mayor Kimble presented a Certificate of Appreciation and a retirement plaque to David Reichow who is retiring from the Fire Department after over 30 years of service to the City. OPEN FORUM Bill Buth, 2354 Sumac Way, Woodbury, MN, representing the slip owners at Mulberry Point Yacht Harbor, addressed Council regarding parking at the marina. He stated that handicapped parking is needed, and parking signage needs to be available before the boating season starts. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller directing staff to investigate the parking problems at Mulberry Point Harbor and to return to Council with possible solutions. All in favor. STAFF REPORTS Community Development Director Russell informed Council that the City will be hosting the St. Paul Chamber of Commerce at the Lumber Baron's Hotel from 9 to 11 a.m. City Engineer Eckles updated Council on the recent snowstorm and street plowing by the public works department. He also informed Council that weight restrictions of 5 tons are now in effect on City streets. City Council Meeting 02-06 March 19,2002 CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the Consent Agenda. Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble .. Nays: None.' Resolution 2002- 47, directing payment of bills . Resolution 2002- 48, a resolution deleting a parcel from Tax Increment Financing District No.1, in order that they be included within Tax Increment Financing District No.9, all located within Development District NO.1 Request to approve purchase of county aerial information Approval of expenditure for payment of 2002 invoice for Middle St. Croix Watershed Resolution 2002-49, Accepting Grant and Approving Agreement Between the City of Stillwater and the State of Minnesota for the Juvenile Accountability Incentive Block Grant approving the 2002-03 Juvenile Accountability Block Grant Request to purchase moisture meter kit - Building Department Resolution 2002-50, approving agreement between the City of Stillwater and Greater Stillwater Area Chamber of Commerce for the 2002 Rivertown Art Fair Approval of Temporary On-Sale Liquor License for 2002 Rivertown Art Fair- May 18-19, 2002 Purchase of three computers - MIS/Police/Administration Resolution 2002-51, Approval of release and termination of development agreement - Cottages of Stillwater Resolution 2002-52, approving closing of funds PUBLIC HEARINGS 2002 Street Improvement Proiect Assistant City Engineer Sanders reviewed the 2002 Street Improvement Project. Total cost of the project is $940,000 which would be funded through assessments and the improvement fund. Assessments for the improvements are estimated at $2,478 for interior lots and $1,243 per side for corner lots. Mr. Sanders stated he received two phone calls regarding the project, one in favor and one opposed to the project. Mayor Kimble opened the public hearing. Gary Smith, 1110 Nightengale Blvd., asked about paying for the assessment, how long it would take to complete the project, and projected life of the streets. He also asked about replacing the catch basins on Nightengale. 2 City Council Meeting 02-06 March 19,2002 Debra Nelson, 2122 Oakridge, presented a letter from a neighbor opposing the project. She stated that Oakridge has become a route for the Interlachen Hills area. Vince Turnblad, 305 Laurie Court, stated there is very little traffic on the cui de sac, and he feels that seal coating would be sufficient. Vern Willy, 308 Laurie Court, asked about storm sewer, curb and gutter improvements. Mayor Kimble requested that the City Engineers look at the cui de sac before the project is bid. Chris Felsch, corner of Woodridge and Northland, asked about his assessment. Mr. Sanders stated he would only be assessed for one side of his property. George Miller, 2114 Oakridge Road, asked about restricting or slowing traffic on Oakridge. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-53 ordering the improvement and preparation of the plans and specifications for the 2002 Street Improvement Project, with the condition that Laurie Court be reevaluated. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Case No. SUB/02-03, request from Thomas A. Suttle for a resubdivision of Lots 5 and 6, Blk 2, Wilson's Addition into two lots Lot 5 - 8.745 square feet and Lot 6- 7.500 square feet located at 323 6th Street South in the RB. Two Familv Residential District. Community Development Director Russell reviewed the request for a subdivision. The two lots would meet the City's lot dimension requirements. The Heritage Preservation Commission approved the demolition of the existing house and will review and approve the plans for the two new homes to be built. The Planning Commission voted 5 to 4 to deny the resubdivision request. Mayor Kimble opened the public hearing. John Bailey, the owner of 323 6th St. S., stated that the request is for two buildable lots, and the two new homes will be an asset to Stillwater. Bob Lafayette, appraiser, stated that the new homes will be attractive Victorians. 3 City Council Meeting 02-06 March 19, 2002 Dean Hanson, 402 S. 6th St., stated he is against the resubdivision. He feels the lots would be too small for large homes and would detract from the neighborhood. Andy Kramer, 418 S. 6th. St., stated that he disagrees with Dean Hanson. He believes the plans for the homes are attractive, they will share a common driveway, and the garages will be in the back of the property. He stated the developer volunteered to provide the plans for the homes to the Heritage Preservation Commission for review. Dan Fabian, 326 S. 6th St., across the street from the property, stated he agrees with the Planning Commission's denial of the resubdivision. He is concerned about sewer capacity, runoff, the small lot size, and lack of parks in the neighborhood. City Attorney Magnuson stated there is no legally sufficient reason to deny the request because the existing lots meet the City's lot size requirements for single family homes. The developers would be required to submit a grading and drainage plan in order to obtain building permits. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-254, approving the subdivision of property located at 323 Sixth Street South, subject to the conditions by the Heritage Preservation Commission. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Case No. SUB/02-04. request from Contractor Propertv Developers Co.. Homer Tompkins. for final plat approval for a 21 lot subdivision Liberty on the Lake. The Woodlands. Mr. Russell reviewed the request and the conditions of approval. Mayor Kimble opened the public hearing. There were no comments from the public. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Council member Zoller to adopt Resolution 2002-55, approving final plat for Liberty on the Lake Woodlands., subject to review and approval by the City Engineer. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2002-56, approving the development agreement for Liberty 4 City Council Meeting 02-06 March 19, 2002 on the Lake Woodlands, subject to review and approval of the City Engineer and the City Attorney. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None UNFINISHED BUSINESS Approval of plans & specifications for McKusick Lake Diversion Proiect- continued from March 5. 2002 meetinq. Mayor Kimble explained that this is not a public hearing, but that Council has agreed to hear comments from the public because the March 5 meeting was shortened due to the caucus that evening. Allen Lavalier, 707 Maple, asked for clarification on the two different types of lines in the ravine. Mr. Eckles explained that a sanitary sewer line and water main already exist. This project will involve installing a storm sewer and repair of the sanitary sewer line. Sherri Buss, Bonestroo and Associates, discussed water quality issues. She stated that she does not recommend a gravel trail because of the new creek in the ravine and her concern with sediment runoff. She clarified that a concrete pond was never proposed for this project. She responded to a question from Councilmember Rheinberger regarding alternatives to a blacktop trail. She clarified that the plastic geo-grid system, such as Terracell, would not be a good option for this project because of the heavy shade in the ravine, and the heavy vehicles which would be using the trail. Limestone would also not be a good option because of the potential sediment runoff and the maintenance issue. Lara Cox, 417 W. Cherry St., stated that there is an existing creek in the ravine. She also stated that a blacktop trail would cause sediment runoff and erosion. She also asked about access for the maintenance vehicles. Mr. Eckles stated that the access he is proposing would be from Everett St. Angela Anderson, north hill resident, stated that she feels gravel would be a good alternative to blacktop. Lara Cox asked how vehicles will access the area from Everett because of the slope. Mr. Eckles stated there will be some grading required. Choc Junker, 101 N. 4th St., stated that is not possible for a sewer truck to get down the slope into the ravine. Mr. Eckles stated that the consulting engineer's estimate for the blacktop is $14,000. 5 City Council Meeting 02-06 March 19, 2002 Dan Cox, 417 W. Cherry, commented that grass may not grow in the shade, but there is natural ravine plant life that would grow. Angela Anderson clarified that the cellular confinement system has been used extensively in other areas for fire trucks and can take heavy loads. Jim McKinney, 410 W. Rice St., does not live on the ravine, but has helped on the ravine clean-up. He does not think the ravine will be over-used by pedestrians, and thinks a blacktop road will deteriorate. He is concerned about safety issues. Becky Dawson Cox, 417 W. Cherry, wanted to clarify that the creek has existed for a long time. She stated that Cherry Street is half blacktop and half limestone, and the erosion is worse at the blacktop area. She asked that the Council preserve the beauty of the ravine and not put a blacktop road in the ravine. Ariel Johnson, 1940 Oak Glen Trail, asked that Council consider nature because trees will have to be cut down and animals will lose their homes if a blacktop road is put in. Dave Purcell, 709 W. Linden, asked why this ravine should be opened up to mechanized travel. It should be left as a natural walking trail. Mayor Kimble closed the public hearing. Council discussed the various options for a trail surface. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-57, approve the plans and specifications, ordering advertisement for bids and acquire easements for McKusick Lake Diversion Project (Phase II - Project 2002-04), with the condition that the surface material of the trail will be decided on at the April 16 meeting, after input from staff and subject to approval by the Brown's Creek Watershed District. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Orleans Street Liohtino Proiect Civil Engineer Sanders reviewed the information provided by Mr. Gary Kriesel regarding the addition of a light in Benson Park as part of the Orleans Street project. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger to approve the addition of a light in Benson Park as part of the Orleans Street Lighting Project. All in favor. 6 City Council Meeting 02-06 March 19,2002 NEW BUSINESS Approval of Wharfaqe Permit - John Kerschbaum Motion by Council member Milbrandt, seconded by Council member Rheinberger to adopt Resolution 2002 - 58, approval of non-exclusive Wharfage Permit between the City of Stillwater and John Kerschbaum, and waiving the permit fee of $150 for this year. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None COMMUNICA TIONS/REQUESTS Request a repeal of land use variance - Richard Hill. Mr. Richard Hill, 1619 W. Pine, addressed Council on a variance granted to his neighbor to build on a substandard lot and has subsequently sold the property. Mr. Magnuson stated that the variance goes with the property, not the owner. NEW BUSINESS (continued) Possible application for DNR Conservation Partners Grant for McKusick Ravine Klayton Eckles, City Engineer, reviewed with Council the DNR Conservation Partners Grant. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-59, approval to apply for DNR Conservation Partners Grant for McKusick Ravine and directing City Engineer Eckles to apply as a partner or supporter. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible acquisition of tax forfeit land Mayor Kimble discussed the memo from the City Clerk regarding authorizing staff to complete the application for conveyance of a tax forfeited parcel in Carli & Schulenberg's Addition. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2002-60, authorizing staff to complete application for conveyance of tax forfeited parcel in Carli & Schulenberg's Addition. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None 7 City Council Meeting 02-06 March 19, 2002 Possible approval of plans and specifications and authorizinq for bids for 2002 Street Improvements. Klayton Eckles, City Engineer, asked Council for approval of the plans and specifications and the authorizing of bids for 2002 Street Improvements, with the exception of reevaluating the Laurie Court issue. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002- 61 approving the plans and specifications and ordering advertisement for bids for 2002 Street Improvements, and directed staff to reevaluate Laurie Court. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Approval of Stream Protection and Improvement Loan Proqram Application Klayton Eckles, City Engineer, discussed in a memo to council the application for the Stream Loan Program. Motion by Council member Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2002-62 approving the Stream Protection and Improvement Loan Program Application. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Analysis of the impacts caused by MPCA proposal to desiqnate lakes as impaired swimmable lake City Engineer Eckles explained the MPCA proposal and requested that the City participate in a study on the impact of the proposal. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the expenditure of $1125 from the storm water utility to participate in the study of the MPCA proposal to designate lakes as impaired swimmable lakes. All in favor. Possible first readinq of Ordinance No. 919 amendinq the Stillwater City Code. Chapter 21. Sec. 21-9. Entitled Penalties for Violation of Code Dave Magnuson, City Attorney, reviewed with council the new penalties for petty violations and misdemeanor violations. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the first reading of Ordinance No. 919 amending the Stillwater City Code, Chapter 21, Sec. 21-9 entitled Penalties for Violation of Code. 8 City Council Meeting 02-06 March 19, 2002 Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Approval of WharfaQe Permit - Great River Steamboat Companv - Julia Belle Swain Mayor Kimble reviewed a memo from the City Clerk informing council of the request from the captain of the Julia Belle Swain Steamboat for a Wharfage Permit for September 2-8. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adopt Resolution 2002 -63 the Wharfage Permit for the Great River Steamboat Company - Julia Belle Swain, and waiving the fee for the first year. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Approval of Dock Permit - Andiamo Enterprises Mayor Kimble reviewed with council that the Andiamo Use Permit was approved by the Planning Commission as required for the annual review. Motion by Councilmember Milbrandt, seconded by Councilmember Zoller to adopt Resolution 2002-64 approving the dock permit for Andiamo Enterprises. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Possible authorization to advertise for bids for construction of restrooms - Fire Department Kim Kallestad, Fire Chief, reviewed with council a memo asking for consideration of a women's restroom for the Fire Department. Motion by Council member Rheinberger, seconded by Council member Zoller to adopt Resolution 2002-65 approving the plans and specifications for construction of a women's restroom for the Fire Department. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Request to applv for Qrants from foundations - Fire Department Kim Kallestad, Fire Chief, provided a memo for council and was available for questions regarding applying for grants from foundations. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the request from the Fire Department to apply for grants from foundations. All in favor. 9 City Council Meeting 02-06 March 19,2002 Approval to applv for FEMA Fire Act Grant Mayor Kimble reviewed with council the Fire Departments request to apply for a FEMA Fire Act Grant. Stu Glaser, Assistant Fire Chief, was available for questions. Motion by Councilmember Milbrandt, seconded by Council member Rheinberger adopting Resolution 2002-66, approval to apply for FEMA Fire Grant. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None COMMUNICATIONS/REQUESTS Letter from Quilt Group Motion by Councilmember Rheinberger to approve participation in the Quilt Group. Motion died for lack of a second. Met Council approval of Comprehensive Plan 2001 No action required. Development Aqreement for Carl and Adam Nvberq Subdivision Dave Magnuson, City Attorney, updated council on the North Hill Project. It has been reviewed by city staff and has been sent to Clark Nyberg who needs to approve it as well. It is already a platted street. This is to install the street services where the duplexes will be built on North Carnelian Street. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2002-67 approving the development agreement between the City of Stillwater and Clark and Adam Nyberg. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adjourn the meeting at 10:55 p.m. All in favor. ~~ ATTEa _"'" ~ IY) 61J7.U Sue Moore, Administration Secretary 10 City Council Meeting 02-06 March 19,2002 Resolution 2002- 47, directing payment of bills Resolution 2002- 48, a resolution deleting a parcel from Tax Increment Financing District No.1, in order that they be included within Tax Increment Financing District No.9, all located within Development District No.1 Resolution 2002-49, Accepting Grant and Approving Agreement Between the City of Stillwater and the State of Minnesota for the Juvenile Accountability Incentive Block Grant approving the 2002-03 Juvenile Accountability Block Grant Resolution 2002-50, approving agreement between the City of Stillwater and Greater Stillwater Area Chamber of Commerce for the 2002 Rivertown Art Fair Resolution 2002-51, Approval of release and termination of development agreement - Cottages of Stillwater Resolution 2002-52, approving closing of funds Resolution. 2002-53 ordering the improvement and preparation of g the plans and specifications for the 2002 Street Improvement Project Resolution 2002-254, approving the subdivision of property located at 323 Sixth Street South Resolution 2002-55, approving final plat for Liberty on the Lake Woodlands., subject to review and approval by the City Engineer. Resolution 2002-56, approving the development agreement for Liberty on the Lake Woodlands Resolution 2002-57, approve the plans and specifications, ordering advertisement for bids and acquire easements for McKusick Lake Diversion Project (Phase II - Project 2002-04 Resolution 2002-58, approval of non-exclusive Wharfage Permit between the City of Stillwater and John Kerschbaum,~ Resolution 2002-59, approval to apply for DNR Conservation Partners Grant for McKusick Ravine and directing City Engineer Eckles to apply as a partner or supporter. Resolution 2002-60, authorizing staff to complete application for conveyance of tax forfeited parcel in Carli & Schulenberg's Addition. All in favor. Resolution 2002- 61 approving the plans and specifications and ordering advertisement for bids for 2002 Street Improvements Resolution 2002-62 approving the Stream Protection and Improvement Loan Program Application. Resolution 2002 -63 the Wharfage Permit for the Great River Steamboat Company - Julia Belle Swain Resolution 2002-64 approving the dock permit for Andiamo Enterprises. Resolution 2002-65 approving the plans and specifications for construction of a women's restroom for the Fire Department Resolution 2002-66, approval to apply for FEMA Fire Grant Resolution 2002-67 approving the development agreement between the City of Stillwater and Clark and Adam Nyberg 11