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HomeMy WebLinkAbout2002-08-20 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-17 August 20, 2002 WORKSHOP 4:30 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Also present: City Administrator Hansen; Assistant Finance Director Harrison; Library Director Bertalmio; Assistant Library Director Blocher; Library Board Members, Hickey, Myers, Pack and Fredell; Public Works Director Eckles; Assistant City Engineer Sanders; Public Works Superintendent and Assistant Public Works Superintendent Chaves. Press: Julie Kink, Courier Budqet Workshop Council discussed the requested 20Cl2bl.Jdgetwith the following departments: Library (Library Director Bertelrrtio, librarY Board Members Engineering/Public Works (PubliCVvorksDirector Eckles, Assistant City Engineer Sanders, Public Works Superintendent Thomsen and Assistant Public Works Superintendent Chaves) . Mayor Kimble recessedtheme!:jting at 5:45 p.m. REGULAR MEETING 7:00 P.M. Mayor Kimble called the m€!eting to order at 7:00 p.m. Present: Absent: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Also present: City Administrator Hansen City Attorney Magnuson Public Works Director Eckles Police Chief Dauffenbach Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier Page 1 of 13 City Council Meeting No. 02-17 August 20, 2002 APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Council member Bealka to approve the August 6, 2002 regular and executive session minutes with the correction on Page 6, Fire Protection Contracts, 2nd paragraph to read "benefit matches cost." All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS LeQislative Update - Ed Cain. LeQislative Associates Mr. Ed Cain, Legislative Associates provided Council with history of the levee wall project and also provided an update on the legislative session as it relates to the project. He stated that the Corps has not released the $2M nor have they sent notice stating the City can not have the money, the Corps is just saying we are not moving ahead with the project. The money is still there. He stated that what had to be done was to get a release of those funds through the Appropriations Committee or the Authorization Committee. Mr. Cain explained that Lowell Park improvements could be included in the project because it is considered "betterments" to the property adjacent to the project that the community would like to have done. He stated that on "betterments" the federal government picks up half of the cost and it has been a practice of the State if federal dollars are involved the State will match local dollars, therefore there would be $1 M for the park improvements. He stated if the City uses the improvement as "betterments" that counts as the City's non-federal match so the City could get another $1 M on the Corps project. That would give the City $2M for work on the park. Councilmember Rheinberger asked Mr. Cain what his role was. Mr. Cain explained his role is obtaining support for various projects that would benefit the City and explained the process done in Washington. Councilmember Milbrandt asked when will the City know when the money will be approved and when the project will begin Mr. Cain stated that more would be known in October 2002 on funding and anticipated construction would begin in Spring 2003. Councilmember Rheinberger asked about the armory project. Mr. Cain stated that not much has been done in regard to the armory project. Mr. Cain also stated that he would be meeting with Tommy Thomsen regarding the $15M mitigation and trying to get the current administration to eliminate that obstacle regarding the new bridge. Council member Bealka asked what would be the City's contribution to the levee project. Page 2 of 13 City Council Meeting No. 02-17 August 20, 2002 Mr. Cain stated it would be 12.5% of the project; however with land costs, donated by the City, he thought there would be only small hard costs to the City. Councilmember Bealka expressed concern of money spent on other projects and not projects like the North Hill project, there should be priorities. Mayor Kimble explained the proposed funding that might be received from the State to assist in the funding for the North Hill project. He also explained that there is no federal money for the North Hill project but there is federal money available for the levee project. OPEN FORUM Mr. Paul Harvey, 1120 Bergmann Drive, asked Council to have the signs changed in the parks area. He stated that according to the ordinance no dogs are allowed in the parks. Council directed Public Works Director Eckles to meet with City Attorney Magnuson to investigate the complaint and the signage in the park and inform Mr. Harvey of the requirements. Ms. Shawn Vougeot thanked Council for allowing her to have a benefit concert for the local Human Society for Companion Animals on August 7. She stated it was a success. STAFF REPORT Community Development Director Russell requested that the Territorial Prison and Bluff City Update be moved up on the agenda being that the developers were in the audience. Mayor Kimble stated that the item would be addressed after the staff reports. Territorial Prison and Bluff City Update Mr. Brian Sweeney provided an update on the Bluff City project. He stated that the process is moving forward and they are refining the project design. He also reviewed possible uses of the armory. Council member Rheinberger asked what the approximate value of the projects were. Mr. Sweeny stated that the UBC site would possibly provide 60 housing units at approximately $200,000 per unit or $12M value of the project. Mr. Sweeney provided an update on the Territorial Prison. He stated that they have met with the State Historical preservation and the City's Historical Preservation. He stated that they are beginning the Phase II archeological review of the site. Page 3 of 13 City Council Meeting No. 02-17 August 20, 2002 Council member Rheinberger asked how much the developer has invested in the project and the value of the completed project. Mr. Sweeny stated that the value of the Territorial Prison site upon completion would be approximately $30-$40M and that the developer has approximately $100,000 invested so far in the project. He anticipates a developer's agreement on the project to be entered into this fall. Mayor Kimble asked Mr. Jack Buxcell for an update on the 501 S Main project. Mr. Buxcell provided an update on the project. He stated that the value of the project is $30-35M. He stated that he is doing a Citywide market analysis because they are involved in the Territorial Prison site, 501 S. Main and the 2nd Street project. Council member Rheinberger asked when development of the 501 N Main project would commence. Mr. Buxcell stated that a letter has been sent to the City stating that the cleanup work on the site will begin January 16, 2003, construction to start in the spring with 12-14 months of construction. Council member Zoller asked if the project would have to go back to the Planning Commission because of the changes. Community Development Director Russell stated it would go back to the Heritage Preservation Commission as well as the Planning Commission. Councilmember Bealka stated that this project would obstruct the view from Main Street. Mr. Buxcell stated that this building should not block any view of residential property. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the Consent Agenda. All in favor. Resolution 2002-185 directing payment of bills Resolution 2002-186, relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Possible approval of Fire Department request for special signs Possible approval of attendance at 23rd Annual Historic Preservation Conference Utility Bill Adjustments - Sewer Charges Approval of temporary liquor license - Greater Stillwater Chamber of Commerce - Fall Colors Fine Art & Jazz Festival Resolution 2002-187, approval of 2002 Fall Colors Fine Art and Jazz Festival agreement Page 4 of 13 City Council Meeting No. 02-17 August 20, 2002 PUBLIC HEARINGS Case No. CPAl02-02. This is the day and time for the public hearinQ to consider a request from Mike O'Brien, Real Estate Masters, representinQ JenninQs State Bank. for a Comprehensive Plan Amendment chanqinQ land use desiqnation of Outlot B. Lonq Lake Estates. located on Stillwater Blvd from Attached SinQle Familv to Business Park Commercial (BP-Cl. Community Development Director Russell reviewed the request from Jennings State Bank for a Comprehensive Plan Amendment, Zoning Map Amendment and a Planned Unit Development. He also reviewed the neighborhood concerns. He stated that a Comprehensive Plan Amendment is required because it is designated as attached single-family townhouse and the request is to designate the property commercial. Mr. Russell stated that the Heritage Preservation Commission approved the concept with conditions, has been reviewed by the Planning Commission and the Joint Board and Washington County has approved the access to County Road 5 and the concept. Mayor Kimble opened the public hearing. Mr. Tim Nolde, owner and developer of the project, stated that they had two neighborhood meetings and felt that no one got everything they wanted but are happy with the way this project worked out compared to the other possibilities that could be placed on this property. Mr. Paul and Dave Jennings provided a history of the Jennings Bank. Mr. Paul Jennings stated there is only one issue outstanding, which is the issue of the signage. They presented information on signage that is allowed in town for banks and other businesses and requested that Council allow a pylon sign, which is allowed by ordinance. He stated that signage is an important thing for a bank; it has to do with the competitive stance in the market place that is illustrated by the other banks in town. He stated that the sign they propose is a backlit sign with burgundy color and an electronic message board, with dimensions of 14 feet wide by 7 feet high, not to exceed 20 feet in height and 100 square foot maximum area. He stated that the pylons would be 12-13 feet. He also stated that it would be a very nice looking sign. Council member Zoller asked if Council approved the request would it have to go back to the Joint Board. City Attorney Magnuson stated that it should go back to the Joint Board just for their information. Mr. Jennings stated he understands the concern of the neighborhood in regard to the lighting. He stated that with the dark background there will not be a lot of white light and that the height of this sign will not exceed 20 feet, and the sign will not be visible from the neighborhood because the building will be 30-40 feet which is higher that the sign. Page 5 of 13 City Council Meeting No. 02-17 August 20, 2002 Mayor Kimble closed the hearing. Councilmember Rheinberger stated that the sign would be smaller than the building so it should not affect the neighborhood. Motion by Council member Rheinberger, seconded by Council member Bealka to approve Resolution 2002-188, approving the Comprehensive Plan Amendment, Case CPA/02-02 to include the proposed sign. All in favor. Ayes: Nays: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Case No. ZAM/02-02. This is the day and time for the public hearina to consider a request from Mike O'Brien. Real Estate Masters. representinq JenninQs State Bank, for a ZoninQ Map Amendment to rezone Outlot B, Lonq Lake Estates. from Town House (TH) to Business Park Commercial (BP-C). Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt approving the first reading of Ordinance No. 827 for a Zoning Map Amendment. All in favor. Ayes: Nays: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Case No. PUD/02-50. This is the day and time for the public hearinQ to consider a request from Tim Nolde for a planned unit development for a 3.67-acre mixed-use residential/office development concept located on Stillwater Blvd between Curve Crest and Wildpines and east of Parkwood Lane. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Mayor Kimble stated that approval of the PUD would include the condition that if the project was not completed that a bank or similar professional office use shall be located on the commercial site and the signage would be acted upon under the PUD approval. Councilmember Zoller stated he could not vote for the project because he was at the Planning Commission and heard the neighborhood's concern regarding the signage. He stated that he was sure the residents of the neighborhood were not in attendance Page 6 of 13 City Council Meeting No. 02-17 August 20,2002 because they thought that Council would approve the project with the conditions recommended by the Planning Commission and the Joint Board. Mayor Kimble stated that he had met with some of the neighbors after the Joint Board meeting and once they understood that the building would be higher than the sign they seemed happy with the project. Councilmember Milbrandt asked if it is being returned to the Joint Board can't the issue of the sign be addressed to allow the residents to know more about the sign height. Councilmember Zoller stated that the only reason this item was before the Joint Board is because of the Orderly Annexation Agreement and felt that the Joint Board was not the place to address this issue. It needs to be addressed by the Council. Council member Bealka stated that concerns outlined in a letter from the residents concern three items; parking and traffic; improvement costs to property owners and property value. There is no mention of lighting. Councilmember Zoller stated that he knows what the people talked to him about and that they did not want a pylon sign. Council member Milbrandt asked if it is possible to table the hearing to allow the residents to see what the sign will look like and get a better understanding of what is proposed. Council member Zoller stated that the objective of the Orderly Annexation Agreement was to have County Road 5 as a separation between commercial and residential. He also stated that the residents on Parkwood accepted the bank proposal rather than multifamily because it would be less traffic and the residents expressed to him they did not want a pylon sign but a monument sign that is similar to what is on that side of the street. Councilmember Rheinberger stated that the competition in banking requires this type of sign and believes in the standardization of signs and the impact of the sign to the neighborhood is minimal or non-existent. Mayor Kimble stated that this site was proposed to be used for multi-family and/or senior housing which the neighborhood did not want because of traffic. He stated that the City gave up a commercial site to a senior housing site so there is a commercial site replacing the lost commercial site. He stated that if the residents had were still not satisfied this issue at the Joint Board they were noticed of this public hearing and would be here. Council member Zoller stated that might be the case, however he felt that the residents thought that the conditions of the Planning Commission are what would be passed for this project. He stated people expressed to him they did not want a pylon sign. Page 7 of 13 City Council Meeting No. 02-17 August 20, 2002 Councilmember Milbrandt asked Councilmember Rheinberger if he would be willing to change his motion to table the hearing until September 3, 2002. Councilmember Rheinberger stated that it was time for a vote on the issue and that this is a compromise and the sign issue is insignificant as it relates to the size of the building. Motion by Council member Rheinberger, seconded by Councilmember Bealka to approve Resolution 2002-189, approving the Planned Unit Development located on Stillwater Boulevard between Curve Crest and Wildpines and east of Parkwood Lane including the proposed signage. Ayes: Nays: Council member Bealka, Milbrandt, Rheinberger, and Mayor Kimble Councilmember Zoller Mayor Kimble recessed the meeting at 8:35 p.m. Mayor Kimble reconvened the meeting at 8:45 p.m. OLD BUSINESS Second readinq of Ordinance 925. amendinq Section 41-6. requlatina towinq companies and reQuirinq licenses. City Attorney Magnuson reviewed the ordinance regarding the regulation of towing companies to include the background checks of employees for towing companies. Motion by Council member Rheinberger, seconded by Council member Zoller to adopt Ordinance 925, amending Section 41-6, regulating towing companies and requiring licenses. All in favor. Ayes: Nays: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Possible second readinQ of Ordinance 926, amendinQ City of Stillwater City Code Chapter 31 , Section 31-1 relatinQ to Shorelands Community Development Director Russell reviewed the amendment to the city code regarding riparian lots in the shoreland ordinance. Motion by Councilmember Bealka, seconded by Council member Rheinberger to adopt Ordinance 926, amending City of Stillwater City Code Chapter 31, Section 31-1 relating to Shorelands Ayes: Nays: Councilmember Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Page 8 of 13 City Council Meeting No. 02-17 August 20, 2002 Review of City Owned Lots for Affordable Housinq Community Development Director Russell reviewed the Planning Commission and Parks Board recommendations that the basketball court at Staples Park and the Parks Department property not be used for affordable housing. Council member Bealka requested that a skateboard park in Lily Lake be considered. No action on use of public property for affordable housing. Motion by Councilmember Bealka, seconded by Councilmember Zoller directing staff and the Parks Board to investigate the possibility of a skateboard park at Lily Lake Park. All in favor. Recommendation from Downtown ParkinQ Commission reQardinq improvement of Trunk Hiqhwav 95 Main Street for on-street parkinq. Community Development Director Russell stated that a study was directed by Council regarding the possibility of extending on street parking along Main Street between the South Main Lot and the Oasis. The result of that study establishes Mn/DOT approval of the concept of 26-36 additional parking spaces and the cost of the improvement is approximately $126,000. Councilmember Milbrandt stated he would like to see this project in the CIP program and if it becomes a priority then it should be done. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to include the Main Street Parking Improvement in the Capital Improvement Program. All in favor. Request bv Washinqton County to sublease their tower on City propertv for co-location bv Qwest Wireless. Community Development Director Russell reviewed the request from Washington County to sublease the tower for co-location by Qwest Wireless. This has been through the Planning Commission for a Special Use Permit. Council member Milbrandt stated he would be abstaining from this decision as he works for Qwest. Councilmember Zoller asked what the Qwest tower would look like. A representative from Qwest stated that the exact height is the same but will be attaching the antenna to an open space on the existing tower. Motion by Council member Bealka, seconded by Council member Rheinberger approving Washington County's request to sublease their tower to Qwest conditioned upon review of the agreement between Washington County and Qwest by the City Attorney to insure that it meets the conditions of the agreement between the County and the City. Page 9 of 13 City Council Meeting No. 02-17 August 20, 2002 Ayes: Nays: Abstain: Council member Bealka, Rheinberger, Zoller and Mayor Kimble None Councilmember Milbrandt Resolutions for assessment roll preparation for 2002 Street Improvements (Proiect 2002-02); Curve Crest Boulevard Extension for Bradshaw property (Proiect 2000-11): 2002 Sidewalk Rehabilitation Proiect (Proiect 2002-11): Curve Crest Boulevard Industrial Park LiQhtinq (Proiect 2000-13A) Public Works Director Eckles stated that the assessment rolls for 2002 Street Improvements (Project 2002-02); Curve Crest Boulevard Extension for Bradshaw property (Project 2000-11); 2002 Sidewalk Rehabilitation Project (Project 2002-11); Curve Crest Boulevard Industrial Park Lighting (Project 2000-13A) need to be prepared. He also stated that public hearings are anticipated to be held on October 16 with the exception of the Bradshaw improvement project because the developer's agreement states that the developer will pay for all improvements. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to adopt Resolution 2002-190 Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For 2002 Street Improvement Project (Project No. 2002-02); Resolution 2002-191, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For Curve Crest Boulevard Extension Project For The Bradshaw Property (Project No. 2000-11); Resolution 2002-192, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For 2002 Sidewalk Rehabilitation Project (Project No. 2002-11) and Resolution 2002-193, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For Curve Crest Industrial Park Lighting Project (Project No. 2000-13a). All in favor. Ayes: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None NEW BUSINESS Resolution creatinq separate funds for the benefit of the Stillwater Public Librarv Fund. City Attorney Magnuson reviewed the resolution setting up a design fund and construction fund for the Stillwater Public Library Fund. Councilmember Rheinberger asked what happens to the money if the project does not get completed. Mr. Magnuson stated that contributions designated for the design fund cannot be returned because the fund is for pre-construction design expenses. He stated that contributors should be made aware that money designated in this fund would not be returned, however monies designated for the construction fund would have to be returned if the project is not completed. Page 10 of 13 City Council Meeting No. 02-17 August 20,2002 Motion by Council member Milbrandt, seconded by Councilmember Zoller to adopt Resolution 2002-194, creating separate funds for the benefit of the Stillwater Public Library Expansion Project. All in favor. Ayes: Nays: Council member Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Land survey of Citv Property City Administrator Hansen reviewed the library request for $5,295.00 to have a survey completed of the Library property. He also stated that the library would reimburse the City for these funds from private funds that are to be raised later in 2002 or early 2003. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger approving the expenditure of $5,295.00 for a survey of library property to be reimbursed later in 2002 or early 2003. All in favor. Recommendation from Downtown Parkinq Commission reQardinq request for use of City land at Mulberrv and 2nd Streets for shared private/public parkinq Community Development Director Russell reviewed the request of John Uppgren to improve the city owned land and create a 24 car parking lot which would then be used by Mr. Uppgren or his tenants during the work week and the users would purchase downtown parking permits. This lot would be available for public parking after work hours on weekdays, weekends and holidays. He also stated that the Downtown Parking Commission recommended approval subject to the following conditions: 1. The office parkers would purchase a downtown parking permit at $1 O/month/space 2. Lease subject to yearly review. 3. The use of the building is professional office. 4. Parking lot is available to public after 6:00 p.m. on weekdays, weekends and holidays. City Attorney Magnuson informed Council that there is a storm sewer pipe in the property and an easement should be obtained from Mr. Uppgren. Motion by Council member Rheinberger, seconded by Councilmember Bealka directing City Attorney Magnuson to prepare an agreement consistent with the proposal and conditions. All in favor. Letter of support for name chanQe of Lake Elmo Airport Council member Bealka requested that this item be tabled until more information is available. Motion by Council member Bealka, seconded by Council member Rheinberger to table the letter of support for name change of Lake Elmo Airport. All in favor. Page 11 of 13 City Council Meeting No. 02-17 August 20, 2002 Recommendation of variance approval to State Fire Marshall - Rottland Homes - Libertv on the Lake 6th Addition Fire Chief Kallestad reviewed the variance to the fire code by Rottland Homes to accept N.F.PA 13D fire sprinklers in the town homes as a reasonable level of life safety and property conservation in lieu of N.F.PA 13R fire sprinkler systems. He stated that in November of 2000 Rutland Homes planned to install N.F.PA 13R fire sprinkler systems to compensate for limited fire apparatus access, small driveways and tight turning radii however that is now not the case. Chief Kallestad stated that he and the Building Official have reviewed this request and recommend that Council pass a motion to recommend State Fire Marshal approval of the variance. Motion by Councilmember Zoller, seconded by Councilmember Rheinberger recommending State Fire Marshal approval of the variance. All in favor. COUNCIL REQUEST ITEMS Councilmember Milbrandt requested a workshop with the Lumberjack Days Association in October at a 4:30 meeting. Mayor Kimble asked for Council support on directing Community Development Director Russell to work with downtown businesses to review and update the Downtown Plan to keep it viable. Council member Zoller asked who was involved in the Downtown Plan. Mr. Russell stated it was the Planning Commission and a special committee. Councilmember Milbrandt stated that it was a formal ad-hoc committee consisting of Planning Commission, Park Board, citizens at-large, a 12-16 member committee. Councilmember Rheinberger asked when the Downtown Plan was done. Mayor Kimble stated it was done in 1988. Mr. Russell gave a short history on what has been accomplished in the Downtown Plan. Council directed Mr. Russell to proceed with the review and update of the Downtown Plan process. Page 12 of 13 City Council Meeting No. 02-17 August 20, 2002 ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Milbrandt to adjourn the mool;og ,19 29 p.m. ~/4 Ja ifrible ayor ~dUJ~t:e Diane F. Ward, City Clerk Resolution 2002-185 directing payment of bills Resolution 2002-186, relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2002-187, approval of 2002 Fall Colors Fine Art and Jazz Festival agreement Resolution 2002-188, approving Comprehensive Plan Amendment, Case CPA/02-02. Resolution 2002-189, approving Planned Unit Development located on Stillwater Boulevard between Curve Crest and Wild pines and east of Parkwood Lane. Resolution 2002-190 Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For 2002 Street Improvement Project (Project No. 2002-02) Resolution 2002-191, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For Curve Crest Boulevard Extension Project For The Bradshaw Property (Project No. 2000-11) Resolution 2002-192, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For 2002 Sidewalk Rehabilitation Project (Project No. 2002-11) Resolution 2002-193, Resolution Declaring Cost To Be Assessed, And Ordering Preparation Of Proposed Assessment For Curve Crest Industrial Park Lighting Project (Project No. 2000- 13a). Resolution 2002-194, resolution creating separate funds for the benefit of the Stillwater Public Library Expansion Project. Ordinance 925, amending Section 41-6, regulating towing companies and requiring licenses. Ordinance 926, amending City of Stillwater City Code Chapter 31, Section 31-1 relating to Shorelands Page 13 of 13