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HomeMy WebLinkAbout2002-04-02 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-07 April 2, 2002 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble at 4:30 p.m. Present Councilmembers Milbrandt, Zoller and Mayor Kimble Absent Council member Rheinberger, Bealka Also Present City Administrator Hansen City Attorney Magnuson Fire Department Chief Kallestad Police Chief Dauffenbach Community Development Director Russell City Clerk Ward Press: Julie Kink STAFF REPORTS Fire Chief Kallestad reported on the bid received for the 105' Ladder Truck. He stated that the advertisement for bids was published and department's truck committee had sent emails to six fire apparatus companies. He stated that the truck committee felt very strongly that an all-wheel steer is necessary for the narrow streets in parts of Stillwater and that there is only one manufacturer, which is Pierce Manufacturing, Inc. He also stated that one bid was received from Clarey's Safety Equipment Inc. in the amount of $672,000.00 to be financed over a three-year period. Mayor Kimble stated that he has seen fire trucks manufactured by Pierce Manufacturing and has been through the Pierce Manufacturing plant and was very impressed with the company. Councilmember Zoller asked how big is this truck, if the ladder included a bucket and what type of truck does Bayport have. Mr. Tom Crotty, Assistant Chief, stated that the truck does not have a bucket because having just the ladder allows for easier access. He stated that Bayport has a ladder truck with a bucket and this piece of equipment would compliment the Bayport truck. Mr. Crotty also stated that this truck was specified to fit in the current fire hall. Councilmember Zoller asked City Attorney Magnuson if there is a problem with awarding based on only one bid. City Attorney Magnuson stated that City Administrator has reviewed and is satisfied that the specification was written so that it did not exclude other bidders. Therefore, in this instance Council could accept the one bid and award the contract. Councilmember Zoller asked if the replacement policy for the fire department vehicles is every 5-6 years. Chief Kallestad stated that is correct. City Council Meeting 02-07 Councilmember Milbrandt asked when the delivery date would be. April 2, 2002 Councilmember Zoller commended the truck committee for their work on this project. Motion by Council member Milbrandt, seconded by Councilmember Zoller Resolution 2002-75, accepting bid and awarding contract for 105' aerial ladder truck. All in favor. Ayes: Nays: Absent: Councilmembers Milbrandt, Zoller and Mayor Kimble None Councilmembers Bealka and Rheinberger City Clerk Ward stated that there is a correction on the Consent Agenda, Item 4, should be Chris Soller instead of Brian Johnson. City Clerk Ward provided Council with an update on the redistricting process. She stated that the Charter Commission met on April 15t and chose Plan C as the proposed plan for the City. She also provided the Council with explanation of Plans A, B, and C. She stated that Plan A shows the Ward 1 boundaries within Legislative District 56. Ward 2 and 3 boundaries had to be adjusted to compensate for the increase in Ward 1. The difference in population in Ward 1 from the other three wards is approximately 250 people. Plan B incorporates the Ward 1 boundaries within the Legislative District and adds approximately 250 people presently in Ward 2 to achieve closer balance in all wards. Plan C is the last plan reviewed by the Charter Commission with the addition of 2 precincts (one in Ward 1, and one in Ward 2) because of the legislative line. Ms. Ward stated that to maintain the integrity of the election process that there should be a separation of ballots therefore she recommended separate polling places in Plan B or C. She also stated that Plan C would involve a cost of approximately $6,000 that was not budgeted for in the election budget. Council member Zoller asked if the Council has a say in the decision. City Attorney Magnuson explained that the City Charter says the Charter Commission redraws the wards, however State Statutes states that Council is the governing body. He stated to show political respect to each other it would be nice for Council to adopt by ordinance the same plan that the Charter Commission adopts by resolution. However, should there be a disagreement, the City Council, under State Law would be allowed to set the boundaries. City Clerk Ward stated that one reason that the Charter Commission chose Plan C was because it would be easier to balance the Wards in the future. Affordable Housina Densitv Bonus Zonina Provision Community Development Director Russell explained that this issue was inadvertently placed on the 7:00 p.m. agenda and requested that Council allow this item to be discussed. 2 City Council Meeting 02-07 April 2, 2002 Mr. Russell reviewed the affordable housing density bonus zoning provision for the affordable housing project on the City owned lot at the corner of Orleans and Washington Avenue. Mr. Russell stated that the Planning Commission would hold a public hearing on amending the comprehensive plan and zoning ordinance on April 8. He stated that plans have been submitted by the developer for 90 units. The zoning ordinance allows for 82 units, however a density bonus of 10% of the allowed zoning density would allow the 90-unit development. He stated that a density bonus could be viewed as a regulatory incentive to help provide affordable housing and the ordinance could be written very strictly so that it could only be used in affordable housing instances. Councilmember Milbrandt asked if the height regulation in the business zoning would allow the height of this building. Mr. Russell stated that this height (3 stories) would be allowed in the business zoning an example would be the Holiday Express. Mr. Tim Nolde stated that he has been negotiating with City Administrator Hansen, City Attorney Magnuson and Mr. Russell for the purchase of the land. He stated that the footprint of the building would remain the same whether it was 82 or 90 units. The additional 8 units would be at the end of the building where currently there are only two units on the first floor. Mr. Nolde stated the density increase would provide eight more one-bedroom units to seniors, at an affordable rate. The building would remain the same size. City Attorney Magnuson stated that the contract is being structured so that the City will receive $610,000 for the land as a "development fee." The City will also receive Y:z of the 80% appreciated value that the developer receives upon sale or refinancing of the project in 15-18 years. This will limit the developer's profit and repay the City for the use of Tax Increment Financing funds. Councilmember Milbrandt was concerned about the height of the structure and the density and asked when the planning process will be done on this project. Mr. Russell stated that this project would be before the planning commission on April 8, 2002. City Attorney Magnuson stated that a first reading of ordinances should be done at this meeting and a second reading done at the April 16 meeting in order to meet the deadline that Mr. Nolde has to meet for the tax-exempt bonds. He stated that if the Planning Commission does not approve the project the Council does not have to approve the second reading of the ordinance. Mr. Russell stated that there would be first readings on the high density bonus and the zoning map amendment and based on the recommendation by the Planning Commission it would be determined if a second reading would be held on April 16. 3 City Council Meeting 02-07 April 2, 2002 Councilmember Zoller stated that even if the first reading is done, it does not mean that Council has to approve the second reading. Councilmember Zoller asked if the sidewalk issue could be tied to this so that it gets done. City Attorney Magnuson said that it could be done, however the project would have to be done before the Council changes. Mayor Kimble stated that there is no way to designate the money because a future Council could change the designation. No future Council is bound by what past Councils have done. Councilmember Milbrandt commended staff for their work on this issue. Mayor Kimble stated that the first reading of the ordinance for 10% density bonus and zoning map amendment would be added to the 7:00 p.m. meeting agenda under New Business, Items 2 and 3. City Administrator Hansen stated that a single audit would be done because federal monies in excess of $300,000 were spent. He noted that this audit would cost approximately $2,500 over the City's regular audit expense. Mayor Kimble recessed to executive session to discuss Labor Relations Issues at 5:25 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Council members Bealka, Milbrandt, Zoller and Mayor Kimble Absent: Councilmember Rheinberger Also Present City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Community Development Director Russell City Clerk Ward Press: Julie Kink Stillwater Gazette Representative APPROVAL OF MINUTES - Motion by Council member Milbrandt, seconded by Councilmember Zoller to approve the March 19,2002 Regular Meeting Minutes. All in favor. CONSENT AGENDA* Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adopt the Consent Agenda with the change on Item 4 from Brian Johnson to Chris Soller. All in favor. 4 City Council Meeting 02-07 April 2, 2002 Ayes: Nays: Absent: Councilmembers Milbrandt, Zoller and Mayor Kimble None Councilmembers Bealka and Rheinberger Resolution 2002-68, directing payment of bills Resolution 2002-69, approval of Labor Agreement between the City of Stillwater and Local 517, Council No. 14 of the American Federation of State, County and Municipal Employees, AFL-CIO Resolution 2002-70, amending Section 10-4, Family Medical Leave Act of the Personnel Policy Approval of Permit to Sell 3.2 percent malt liquor at Lily Lake Ballfields - Chris Soller, applicant Resolution 2002-71, approval of 2002 salary schedule for part-time seasonal Community Service Officers and Patrol Officers Request to purchase and install ladders with safety rails in the Eckel and Maryknolllift stations - Sewer Department Resolution 2002-72, approving license to use real property for household waste collection on May 19, 2001 Request for the release of funds from the Library's 2002 capital budget Resolution 2002-73, appointing Briggs & Morgan as the City's bond counsel Approval of credit for 2001 Liquor License Fee to 2002 Liquor License Fee - North Hill Liquor Approving Revised Fiscal Year 2002 Budget - Joint Cable Communications Commission Resolution 2002-74, approving interfund transfers Approval of installation of banner - Letter Carrier Food Drive - April 26 - May 13, 2002 PUBLIC HEARINGS Case No. SUB/02-11. Request from Kav Williams, representinq DaSorin Inc.. for a minor subdivision to subdivide Lot 1. Block 1. St. Croix Business Park. into two lots Lot 1 - 3.84 acres and Lot 2 - 2.60 acres. respectively, located at 1855 Northwestern Avenue in the BP-I, Business Park Industrial District. Community Development Director Russell reviewed the request from Kay Williams, representing DaSorin, Inc. for a subdivision of Lot 1, Block 1, St. Croix Business Center. Councilmember Zoller asked if Parcel B would be a land locked piece of property. Mr. Russell stated that Parcel B is used as a parking lot for the complex and has access. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Zoller, seconded by Councilmember Milbrandt to adopt Resolution 2002-76, approving subdivision of Lot 1, Block 1, St. Croix Business Park with conditions. All in favor. 5 City Council Meeting 02-07 Ayes: Councilmembers Milbrandt, Zoller and Mayor Kimble Nays: None Absent: Councilmembers Bealka and Rheinberger April 2, 2002 Case No. PUD/02-14. Request from Jeff Maqler, representinq Oakridqe Communitv Church, for a planned unit development for a three phase addition includinq a new entry, Familv Life Center and connectinq structure to the existinq church located at 610 Countv Road 5 in the RA, Sinqle Familv Residential District. Community Development Director Russell reviewed the request by Oakridge Community Church for a Planned Unit Development He stated that there have been some neighborhood issues and that the conditions of approval have addressed those issues which was approved by the Planning Commission. Mr. Russell stated that Washington County will only allow one access to Stillwater Boulevard and would allow the driveway on the north side of the church to remain because the expansion will preclude any significant use of the driveway, but if found it was used for more that emergency vehicles or the access of the van from the garage the County would require removal of the north access. Councilmember Milbrandt asked if Condition NO.3 is correct. Mr. Russell stated that that condition should be removed because the County will not allow the one way out right turn only exit. Mayor Kimble opened the public hearing. Mr. Dan Mehls representing Oakridge Community Church stated that the project would be done in two phases. The first phase would be a new entry with elevator and Phase 2 would be construction of a family life center with gymnasium. He requested that Condition NO.2 be amended to state that the north utility drive access shall be closed to through traffic and that trees will be added to prevent any circulating traffic which would allow access for the occasional delivery and to the van to pick up parishioners. Mr. Russell stated that the Planning Commission's intent was to protect the residential area, and because it is difficult to monitor what would be excessive. Mr. Mehls stated that he understands the neighbor's concern with the headlights however, felt that Condition NO.6 would address this issue and that the usage would be minimal. Council member Milbrandt stated that after Phase II through traffic would not be possible. Mr. Mehls stated that it was his understanding that the north utility drive access would remain as it is until Phase II construction. Mr. Joe Schmolter, member of Oakridge Community Church, stated that the use of the north utility drive with the new design of the church would be used for the van on 6 City Council Meeting 02-07 April 2, 2002 Wednesdays for the youth group and parishioner pickup on Sundays and potluck dinners four times a year. He stated there is no parking in the back so they could not stay there and would have to use the new proposed parking lot. The north access would need to be used during Phase I. Mr. Schmotler asked if the commission was requesting panic hardware with an alarm. Mayor Kimble stated that an alarm is not mentioned. Councilmember Zoller stated that the intent is that it was an emergency exit only, with very limited access. Councilmember Zoller asked if Council could review the north access issue if it becomes a problem Motion by Councilmember Milbrandt, seconded by Councilmember Zoller adopting Resolution 2002-77, approving Planned Unit Development for Oakridge Community Church as conditioned and that Item 3 be removed from the conditions and Item 2 be amended to read "The north utility drive access shall be closed to through traffic after Phase I and use of the drive limited to access fro the van (in the existing garage) and for service to the kitchen on a limited basis. Use of the drive shall be reviewed by the City Council on a complaint basis if driveway use is a neighborhood issue" and Item 9 to read "The door openings on the north side of the family life center and kitchen area shall be for emergency access only with panic hardware installed". All in favor. Ayes: Nays: Absent Councilmembers Milbrandt, Zoller and Mayor Kimble None Councilmembers Bealka and Rheinberger UNFINISHED BUSINESS Parks and Open Space Task Force Update Community Development Director Russell reviewed the positioning study. He stated that the report indicates a strong support for the cultural expansions. The study also indicated that those interviewed timing for an additional tax is poor because of the national, state and local economic conditions. Mr. Russell stated that the task force concluded that this was not the time to push for project support, and that reevaluation of the project list and consideration of other funding sources should be investigated. Councilmember Milbrandt stated the projects were highly regarded and worthwhile but the timing was not there. The task force has indicated its willingness to continue with this endeavor and get participation from the downtown area. Councilmember Zoller stated that this was a learning experience. He stated that he learned the library was a highest priority and asked the City Administrator what is the City's ability to do anything in the future and it was his understanding that the City does not have the bonding capability for these projects in the near future. 7 City Council Meeting 02-07 April 2, 2002 City Administrator Hansen explained the City's bonding capabilities and tax capacity. Motion by Councilmember Milbrandt, seconded by Council member Zoller directing the Community Development Director Russell to prepare a letter to the task force members thanking them for their participation and ask members if they would be willing to continue to serve on the task force. All in favor. Possible second readinq of Ordinance No. 919 amendinq the Stillwater Citv Code. Chapter 21. Sec. 21-9. Entitled Penalties for Violation of Code City Attorney Magnuson reviewed the proposed ordinance. Motion by Councilmember Milbrandt, seconded by Councilmember Zoller adopting Ordinance No. 919 amending the Stillwater City Code, Chapter 21, Sec. 21-9, Entitled Penalties for Violation of Code. All in favor. Ayes: Nays: Absent: Councilmembers Milbrandt, Zoller and Mayor Kimble None Councilmembers Bealka and Rheinberger NEW BUSINESS First readinq of Ordinance No. 920 amendinq the Stillwater Citv Code. Chapter 21. Sec. 11 Entitled Election Wards Mayor Kimble stated that the Charter Commission would be holding a public hearing on April 15, 2002 at 7:00 p.m. regarding the ward boundary changes. Motion by Councilmember Milbrandt, seconded by Council member Zoller approving the first reading of Ordinance regarding the ward boundary changes. All in favor. First readinq of ordinance of zoninq map amendment (Case ZAM/02-01) Community Development Director Russell stated that the zoning map amendment is to rezone 2.8 acres of land from Business Park Industrial (BP-I) to High Density Multifamily Residential District (RCH). Motion by Council member Milbrandt, seconded by Councilmember Zoller to approve the first reading of a zoning map amendment for the rezoning of 2.8 acres of land from Business Park Industrial (BP-I) to High Density Multifamily Residential District (RCH). All in favor. First readinq of zoninq text amendment (Case ZA T/02-01) Community Development Director Russell stated that zoning text amendment relates to adding a clause in the zoning ordinance for a density bonus provision for multifamily affordable housing projects. 8 City Council Meeting 02-07 April 2, 2002 Motion by Councilmember Milbrandt, seconded by Councilmember Zoller to approve the first reading of a zoning text amendment relates to adding a clause in the zoning ordinance for a density bonus provision for multifamily affordable housing projects. All in favor. STAFF REPORTS (continued) Community Development Director Russell provided an update on the Boutwell Area Plan and that the Planning Commission will be discussing the plan at their April 8 meeting and by Mayor June it will be presented to Council. COUNCIL REQUEST ITEMS Council member Zoller stated that he received a map from the South Hill Neighborhood Association regarding sidewalks and crosswalks. He asked that the map be given to the Engineering Department for their review. ADJOURNMENT Motion by Councilmember Milbrandt, seconded by Councilmember Zoller to adjourn the meeting at 7:56 p.m. All in favor. ~~ J . e ayor 71T: dMd ~cfl Diane F. Ward, City Clerk Resolution 2002-68, directing payment of bills Resolution 2002-69, approval of Labor Agreement between the City of Stillwater and Local 517, Council No. 14 of the American Federation of State, County and Municipal Employees, AFL-CIO Resolution 2002-70, amending Section 10-4, Family Medical Leave Act of the Personnel Policy Resolution 2002-71, approval of 2002 salary schedule for part-time seasonal Community Service Officers and Patrol Officers Resolution 2002-72, approving license to use real property for household waste collection on May 19, 2001 Resolution 2002-73, appointing Briggs & Morgan as the City's bond counsel Resolution 2002-74, approving interfund transfers Resolution 2002-75, accepting bid and awarding contract for 105' aerial ladder truck Resolution 2002-76, approving subdivision of Lot 1, Block 1, St. Croix Business Park Resolution 2002-77, approving Planned Unit Development for Oakridge Community Church Ordinance No. 919 amending the Stillwater City Code, Chapter 21, Sec. 21-9, Entitled Penalties for Violation of Code 9 RECORD OF EXECUTIVE SESSION Dat~ convened: Tuesday, April 2,2002 Time convened: 5:41 P.M. Time adjourned: 6:01 P.M. Members present: Mayor Kimble and Councilmembers: Milbrandt and Zoller Members absent: Couneilmembers: Bealka and Rheinberger Also present: City Administrator Hansen, Director of Administration Knauss and City Attorney Magnuson Purpose of Executive Session To discuss labor agreement negotiations with AFSCME Local 517, Council 14 and LV.a.E. Local 49. Staff updated Council on the tentative agreement that was reached with the AFSCME Local 5]7 unit and explained a draft proposal for the I.V.a.E. Local 49 unit. The consensus of the Council was to authorize staff to offer the proposal to the I.V.a.E. Local 49 unit. Adjournment: Motion by Councilmember Milbrandt seconded by Councilmember Zoller to adjourn at 6:01 P.M. All in favor. yfiip// Attest: {X~~ Larry . ansen, CIty Admmlstrator