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HomeMy WebLinkAbout2002-11-12 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 02-23 November 12, 2002 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 P.M. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Public Works Director Eckles City Clerk Ward OTHER BUSINESS Canvassinq of 2002 General Election results Motion by Council member Rheinberger, seconded by Councilmember Milbrandt approving the canvassing of votes for the 2002 General Election. All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Budqet Workshop City Administrator Hansen and Assistant Finance Director Harrison reviewed the 2003 budget information. He stated that the budget is approximately $200,000 from being a balanced budget, which includes the new employees requested. He stated that he felt the employees are justified, however funding is not available. Without the additional employees there is approximately $46,000 left to balance the budget. He also stated that LGA for last year is approximately $1,000,000 less. Council member Bealka stated he against short-changing police and fire. Councilmember Rheinberger agreed with Councilmember Bealka. Council member Milbrandt stated that the contractual services for lobbyist should be reduced $35,000 and maybe RFPs should be solicited for this service, He also stated that not adding a police officer is short changing the community. Mayor Kimble stated that a revenue source that could be done is a hotel tax or entertainment tax. He stated that other cities are doing this but Stillwater is not. He also reviewed the assessed taxable value for homes in the city. Public Works Director Eckles stated that there would be an additional demand for services because of the Phase II permit that all cities will be required to implement. He suggested raising the storm water fee to cover some of the additional services. City Council Meeting 02-23 November 12, 2002 Council member Rheinberger stated that innovation needs to be done to gain efficiencies. Mayor Kimble stated that the City has reserves to cover the $27,000 difference. He stated that historically the City has always been under budget. He stated that even though we are not hiring additional personnel we are still cutting services. He felt that the personnel should be added. He stated that the Council has asked the personnel to become more efficient over the last 20 years; we have squeezed personnel to the limit. After considerable discussion, motion by Council member Zoller, seconded by Councilmember Rheinberger reduce lobbyist cost to $35,000, hire no new employees, and take the rest out of reserves to balance the budget, if necessary. Councilmember Zoller stated that he hopes the Council can add the additional personnel in 2003 because the personnel are needed. Councilmember Milbrandt stated that we cannot continue reducing employees. He would like to see how the 2002 budget compares to the actual 2002 costs. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, and Zoller Nays: Mayor Kimble STAFF REPORTS Fire Chief Kallestad informed the Council that the new fire truck would be delivered on Thursday, November 14. City Clerk Ward informed the Council that Item 14 on the original Consent Agenda has been moved to Item 2 of New Business. City Attorney Magnuson provided information on zoning control and ownership of area south of Dock Cafe. Mayor Kimble recessed the meeting at 6:10 p.m, RECESSED MEETING 7:00 P.M. Present: Absent: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble None Others Present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Kallestad Public Works Director Eckles Community Development Director Russell City Clerk Ward Page 2 of 13 City Council Meeting 02-23 November 12, 2002 Press: Julie Kink Laura Brinkoetter APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Bealka to approve the October 15, 2002 regular minutes. All in favor. Councilmember Bealka stated even though he was absent from the October 15, 2002 meeting he wanted to state for the record that he was opposed to the hiring of Empson Archives for the Historical Survey that was approved. OPEN FORUM Mr. Brent Peterson, 502 W. Churchill, of the Washington County Historical Society thanked Council, City staff, Brian Sweeny, Bruce Junker, Cub Foods, Nile Kriesel and Shaw Lundquist for their support and assistance in the selling of bricks of the Territorial Prison. He also stated that approximately 1700 bricks were sold. CONSENT AGENDA" Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the Consent Agenda. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Resolution 2002-242, directing payment of bills Resolution 2002-243, Approval of installation for warning siren at Public Works Facility Resolution 2002-244, Approving Service Agreement with G&K Services Approval of temporary on-sale liquor license - Hope House - November 14, 2002 Approval to purchase firewall and router for the City's network Approval of 2002 Capital Budget Reallocation - Library Resolution 2002-245, approving the opening of an account with Merrill Lynch Resolution 2002-246, approval of agreement with SafeAssure Consultants, Inc. for OSHA and safety consultation Resolution 2002-247, approving life insurance rates effective January 1, 2003 Resolution 2002-248, approval of Change Order #10 Public Works Facility Project (Project 9619) Resolution 2002-249, resolution electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act - Calendar Year 2003 Resolution 2002-250, approval of fire automatic aid agreements with the Cities of Bayport, Mahtomedi, and Marine on SI. Croix. Resolution 2002-251, approval of Washington County Fire Chief's Association fire service agreement Approval of request from various non-profit associations to sell Crispy Cream Donuts from various Commercial Businesses locations. Approving Name Change on Liquor License for North Hill Liquor Store Page 3 of 13 City Council Meeting 02-23 November 12, 2002 PUBLIC HEARINGS Case No. SUB/02-68. Request from Bradlev Wolf for a subdivision request for splittinq a 22,500 square foot lot into two lots of 14,550 square feet and 7,800 square feet located at 721 South Martha Street in the RB, Two Familv Residential District. Community Development Director Russell reviewed the request from Bradley Wolf for a lot split. He stated there are conditions of approval as reviewed by the Planning Commission and the commission recommended approval. Mayor Kimble opened the public hearing, Mr. James Rutten, 709 W. Abbott asked how Abbott Street is going to be restored and asked if a small curb at the top of Abbott could be installed to prevent water coming down and washing out some of Abbott Street. Public Works Director Eckles stated that it is the intention that Abbott Street would be restored better than what it presently is and staff will have escrow funds if there is failure to do the restoration work. He also stated that the engineering department would have to look at the storm sewer issue and the drainage issues. He stated that the street improvement project is scheduled for this area and that drainage issues will definitely be addressed as part of that project. Mayor Kimble closed the public hearing. Mayor Kimble stated that one of the concerns of the neighbors was that the home would be designed to fit into the neighborhood. Community Development Director Russell stated that the design review is not part of the subdivision request but that the variance request, which will be done at the Planning Commission's December meeting, will allow for design review. The neighborhood will be renotified of that meeting because it will be tabled at the November meeting. Motion by Councilmember Rheinberger, seconded by Council member Zoller to adopt Resolution 2002-252, approving subdivision of lot into two lots located at 721 South Martha Street. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Case No. SUPN102-72 Request from The Lofts of Stillwater Inc., represented by J. Buxell Architecture, Ltd., for a Flood Plain, FP, Conditional Use Permit for a 59 unit multifamily condominium building at 501 North Main Street in the CBD, Central Business District and Flood Fringe District. Community Development Director Russell reviewed the request from The Lofts of Stillwater, Inc. for a conditional use permit because the project is located within the Flood Plain District. He stated that a design permit has been approved by the Heritage Preservation Commission and a special use permit and variance approval has been Page 4 of 13 City Council Meeting 02-23 November 12, 2002 granted by the Planning Commission. He also stated that Council review is required because the proposed development uses alternative methods of elevation above the regulated flood level. Mr. Russell stated that because the parking garage would be partially located below the regulated flood elevation and in order to accomplish this according to flood regulations the City's Flood Ordinance would need to be amended and the engineering for the building foundation and garage will require special FEMA approval. He also stated that the developers have met with the FEMA engineers and even though the construction plans have not been prepared, FEMA requirements can be met and be a condition of approval for the conditional use permit. Mayor Kimble opened the public hearing. Mr. Jack Buxell reviewed the proposed project. Councilmember Rheinberger asked what would be the value of the project when completed. Mr. Buxell stated it would be approximately 30 million, Councilmember Bealka was concerned that the project would be blocking the view of the river. Mr. Buxell explained the flood wall that will be built as part of this project. Council member Zoller stated that Comprehensive Plan was to try to get housing in the downtown area and felt this project goes a long way in achieving that goal. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the project and Conditional Use Permit. Ayes: Councilmembers Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: C ouncilmember Bealka Motion by Councilmember Rheinberger, seconded by Council member Zoller to approve the first reading of the flood plain ordinance. Ayes: Council members Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: C ouncilmember Bealka UNFINISHED BUSINESS Recommendation from Planninq Commission reqardinq Traffic Study for Boutwell South/Deeroath Impact Traffic Study Community Development Director Russell reviewed the Planning Commission recommendation regarding the traffic studies for the Boutwell South and Deerpath area. He stated that the commission suggested that a specific traffic study for the Deerpath, Page 5 of 13 City Council Meeting 02-23 November 12, 2002 Boutwell south expansion area be prepared to address traffic conditions and future development traffic impacts and possible changes to the existing road system. He also stated that because county roads are involved Washington County might be interested in participating and assisting with the study funding, Mr. Russell stated that the proposed traffic study would be prepared by SRF Consulting Group, which is the consulting engineer for Washington County. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt directing staff to work with Washington County and seek assistance in the study funding and report back to Council at a future meeting, All in favor. Possible approval of Nature Vallev Grand Prix Bike Race Police Chief Dauffenbach stated that at the direction of Council he has discussed the race with Mr. Andrew Dahl and that they are requesting that the City donate four police officers and two fire EMTs to staff the event and that the promoters will furnish all other items that they initially requested. Council member Rheinberger asked what it cost the City last year. Police Chief Dauffenbach stated that the cost is approximately $1200. Councilmember Milbrandt stated that maybe the costs involved should be absorbed by the organization putting on the event. Mayor Kimble stated that there is a general economic benefit to the downtown. He stated that the benefit might outweigh the costs, He stated that perhaps the City should charge a fee for future events and develop a policy, but should not be considered at this time for this event. Councilmember Rheinberger felt that the Chamber should pay for the extra costs. Councilmember Bealka asked about the sponsor hiring off-duty officers. Police Chief Dauffenbach stated that the sponsor of the event could hire off-duty police officers at a lesser rate. Councilmember Rheinberger stated that the costs should be deducted from the charitable gross, Motion by Council member Milbrandt, seconded by Councilmember Bealka approving the Nature Valley Grand Prix Bike Race, the City donating four police officers and two fire EMTs to staff the event and directing staff to develop a policy on City services for events held in the City. Ayes: Councilmembers Bealka, Milbrandt, Zoller and Mayor Kimble Nays: C ouncilmember Rheinberger Page 6 of 13 City Council Meeting 02-23 November 12, 2002 Readoption of the Assessment Roll for 2002 Sidewalk Rehabilitation Proiect (Proiect 2002-11 ) Public Works Director Eckles stated that the 2002 Sidewalk project costs were lower than reported at the assessment hearing on October 1, 2002, He stated that the lower cost results an adjustment in square foot costs from $3.25 per square foot to $2.81 per square foot. He stated that all but thirteen properties were lowered and that these properties received an increase due to incorrect field measurements. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger to adopt Resolution 2002-253, amending the 2002 sidewalk rehabilitation project assessment roll (Project 2002-11, L.I. 356). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Fire Contracts for Mav and Stillwater Townships and the Citv of Grant City Administrator Hansen reviewed the fire protection contracts for May and Stillwater Townships and the City of Grant. He stated that May Township has asked for a three- month extension due to budget concerns. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-254, approving the fire protection contracts with the Townships of Stillwater and May and the City of Grant with a three-month extension for May Township. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 8:05 p.m. Mayor Kimble reconvened the meeting at 8:25 p,m, NEW BUSINESS Request bv Famous Dave's for on-sale liquor license City Clerk Ward reviewed the request for an on-sale liquor license for Famous Dave's and provided information on the licenses available, City Attorney Magnuson explained the process used and limitations of the two remaining licenses. He also explained the two options provided by Statute for obtaining additional licenses. Council member Milbrandt asked Mr. Ben Welshons, Famous Dave's, if their other restaurants have a full liquor license. Mr. Welshons stated that Stillwater is the only restaurant without a full liquor license at a full service restaurant. Page 7 of 13 City Council Meeting 02-23 November 12, 2002 Councilmember Rheinberger stated that the Minneapolis question should be on the special ballot in January 2003. He stated that if the public turned it down it would be a reflection of what the public wants in Stillwater. Mayor Kimble stated that there may be restaurants downtown that may want a full liquor licenses and if licenses are limited, it limits the development options of other restaurants. He suggested that no decision on this license be made at this time and put the question on the ballot and then decide the license request after the election. Councilmember Milbrandt stated that putting the question on the ballot is an inexpensive survey of the citizens. Police Chief Dauffenbach stated that Stillwater is a tourist community and that people come to Stillwater for the alcohol and food. He also stated he does not see a problem with additional licenses. Councilmember Bealka stated that he felt it was unfair to make Famous Dave's wait until after the election to get an answer on obtaining a full liquor license. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2002-255, adding ballot question to Special Election Ballot on January 28, 2003. All in favor. Ayes: Council members Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Parks Board recommendation for Downtown Ice Rink request and Location in Lowell Park for Peace Pole Community Development Director Russell stated that the Parks Board reviewed the two requests and Tim Thomsen provided a proposed location for the ice rink at Mulberry Point. He stated that the Parks Board approved that request and that it could be done if Public Works had time and the weather conditions to make ice. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the downtown ice rink at Mulberry Point conditioned upon availability of Public Works staff time and weather conditions for the making of ice. All in favor. Mr. Russell stated that the Parks Board denied the request for the peace pole based on a precedent being set. Mr. Mike Polehna, Parks Board Chair, stated that this type of request is not part of the Park Master Plan, Councilmember Milbrandt stated that the board felt it was a special interest request and the board was uncomfortable approving the request. Ms. Anne DeLaverne, River Market Community Co-op and Ms. Joceyln Tilsen, Valley Bookstore stated that the peace pole is to promote non-violence and they are put up all Page 8 of 13 City Council Meeting 02-23 November 12, 2002 over the world, Ms. DeLaverne stated that they are used as an educational tool. She stated that the pole has six sides and says may peace prevail on earth in six different languages. She stated that they have gone to the Chamber and requested support and have received same, so that it is not a special interest request but supported by the Chamber. Councilmember Milbrandt stated that it should be returned to the Parks Board to see how it would fit in the Park Plan. Motion by Council member Rheinberger, seconded by Councilmember Bealka to refer this request back to the Parks Board. All in favor, Request to use Citv land for private dock, John Kerschbaum Community Development Director Russell reviewed the request from Mr. John Kerschbaum to use city land for a private dock. He stated that the Parks Board reviewed this request along with the amphicars request for a launch ramp, He stated that currently Mr. Anderson leases this property and that the Parks Board was concerned with private use of the waterfront and felt it should be left to the public. He also stated that Parks Board recommended that a policy be developed to make the public property remain public and not used for private use. City Attorney Magnuson explained the ownership of the parcels along the riverfront. Parcel 3D is not leased but Mr. Anderson was given a dock permit and wharfage permit which is renewed annually with fees associated. Mayor Kimble stated that he has received many calls on this issue, He also asked if Council authorized Mr. Kerschbaum use of a dock if it would be through a dock permit and wharfage permit. Council member Rheinberger asked about the fees associated with a dock or wharfage permit. Mayor Kimble stated that fees are determined on a case by case basis. Mr. Kerschbaum stated that the gondola is wintered at the Stillwater Yacht Club. He stated that he has talked to the DNR and Corps of Engineer and they do not want overnight docking. He stated that he has a slip at the Stillwater Yacht Club and that the dock would only be used for the loading and unloading of passengers during business hours. He stated that the loading ramp and a loading platform would be removed in the winter. Council member Milbrandt stated that there is a water traffic issue in this area, His concern is how will this loading platform be positioned so that there are not accidents in this area. Mr. Kershbaum stated that if the platform was parallel to the shoreline his gondola only needs approximately a foot to a foot and half of water and a big boat couldn't get that close to shore. Page 9 of 13 City Council Meeting 02-23 November 12, 2002 Council member Zoller reminded Council that a request from the amphicars came before Council on October 1, 2002 on the same piece of land and asked City Clerk to read the motion from that meeting, Councilmember Milbrandt stated that the request was in conjunction with the Fire Department's ability to use the ramp for public safety reasons which it was determined that it would not be feasible. Mr. Kershbaum stated that he was approached regarding the amphicars and felt they could work together. Councilmember Zoller stated that the same process should be followed as with the amphicars so that it is something that the City can live with. Mr. Mike Polehna, Parks Board Chair, stated he has no problem with the gondola, but felt that the City is selling other uses short if limiting to the amphicars. He stated that the rowing shells have requested a dock. He felt that the City is limiting City property to two special interest groups and leaving out the rest of the community, but more uses should be considered. Ms. Joan Henderson, 2665 Oriole Avenue, spoke in support of the gondola business it is a good concept for the use of the St. Croix. Ms. Ann De Laverne also spoke in support of the gondola and stated that it is very enhancing to our scenic river way. Ms. Rita Greybill, Elephant Walk Bed & Breakfast, stated that it is great that a work of art is floating on the St. Croix not making pollution. She stated that it is a glorious thing to see and hopes that another town does not steal it away from Stillwater. Motion by Council member Rheinberger, seconded by Councilmember Bealka that the concept is approved for those two uses but must work with staff and the amphicars, prepare a very detailed drawing of the footprint, how access will work with the amphicars, and if it is feasible. All in favor. Request from Downtown Parkinq Commission to promote free downtown parkinq durinq the holiday season Community Development Director Russell stated that the Downtown Parking Commission requests authorization to spend from the pay parking revenues for the advertisement in the local paper advertising the availability of free parking. Motion by Councilmember Milbrandt, seconded by Council member Bealka authorizing the expenditure for advertising availability of free parking to be paid out of the pay parking revenues. All in favor. Page 10 of 13 City Council Meeting 02-23 November 12, 2002 Settinq of workshop for November 19, 2002 meetinq City Administrator Hansen stated that the Chamber has requested a workshop, but that if the workshop is not needed he will let Council know. Motion by Councilmember Bealka, seconded by Councilmember Rheinberger setting a workshop for 4:30 p.m. on November 19, 2002, if necessary. Adoption of 2001 Water Service Assessment (U, 357) (Resolution) City Clerk Ward reviewed the proposed assessment for 2001 Water Service for the property at 1024 5th Avenue South. Motion by Council member Rheinberger, seconded by Councilmember Bealka to adopt Resolution 2002-256, adopting assessment for 2001 Water Service for 1024 Fifth Avenue South (U, 357). All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays: None Information on Public Works Grand Openinq Public Works Director Eckles stated that the Public Works Employees have come up with ideas for a public open house and grand opening for the new public works facility. He stated that a proposed date would be January 18 because it would be still fresh and clean. He also stated that tours of the facility, introduction of the public works facility employees, equipment demonstrations, education material and handouts are some ideas for the opening, Mayor Kimble expressed concern on having the open house too close to the special election. City Attorney Magnuson stated that he did not see it as a legal concern, Motion by Councilmember Rheinberger, seconded by Council member Milbrandt setting January 18, 2003 as the public grand opening and dedication of the new public works facility. All in favor. COUNCIL REQUEST ITEMS Council member Rheinberger expressed concern of safety and speed on 3rd Street along the school. Chief Dauffenbach provided information concerning Councilmember Rheinberger's concern. He stated that a speed trailer has been placed to inform drivers of their speed in this area. Page 11 of 13 City Council Meeting 02-23 November 12, 2002 Council member Bealka asked that the Parks Board find a place for the skateboarders because he has been informed that the Graffiti Center will be closing due to lack of funds. Council member Bealka asked what is going to happen with the Tara building. Council member Milbrandt stated that it is part of the Aiple Plan. Mayor Kimble stated the City needs it for trade so that the City will be allowed to build something nice on the property. If the new bridge does come the state and federal government will be paying for the removal of the building as part of the mitigation for the new bridge. STAFF REPORTS (continued) Community Development Director Russell reviewed a request for sale of donuts by the hockey group at the Riverview parking lot on December 7 from 8 a.m. - 4:00 p.m. Motion by Council member Rheinberger, seconded by Councilmember Bealka approving the use of the Riverview parking lot to sell crispy creams on December. All in favor. City Clerk Ward thanked staff Sue Moore, Kathy Rogness, Rose Holman, Sheila McNamara, Chantell Knauss, Shelly Schaubach, Kellie Knowles and all of the election judges for their assistance in the election, She stated that because of their assistance the election process came to a successful conclusion. Mayor and Council also thanked staff, election judges and City Clerk Ward for their hard work during the election. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adjourn at 10:05 p.m. ~<<# ATTEST: ~d~ Diane F. Ward, City Clerk Page 12 of 13 City Council Meeting 02-23 November 12, 2002 Resolution 2002-242, directing payment of bills Resolution 2002-243, Approval of installation for warning siren at Public Works Facility Resolution 2002-244, Approving Service Agreement with G&K Services Resolution 2002-245, approving the opening of an account with Merrill Lynch Resolution 2002-246, approval of agreement with SafeAssure Consultants, Inc. for OSHA and safety consultation Resolution 2002-247, approving life insurance rates effective January 1, 2003 Resolution 2002-248, approval of Change Order #10 Public Works Facility Project (Project 9619) Resolution 2002-249, resolution electing to continue participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act - Calendar Year 2003 Resolution 2002-250, approval of fire automatic aid agreements with the Cities of Bayport, Mahtomedi, and Marine on St. Croix. Resolution 2002-251, approval of Washington County Fire Chief's Association fire service Resolution 2002-252, approving subdivision of lot into two lots located at 721 South Martha Street Resolution 2002-253, resolution amending the 2002 sidewalk rehabilitation project assessment roll (project 2002-11, L.1. 356) Resolution 2002-254, approving fire protection contracts with Townships of Stillwater and May and the City of Grant with a three-month extension for May Township Resolution 2002-255, adding ballot question to Special Election Ballot on January 28, 2003. Resolution 2002-256, resolution adopting assessment for 2001 Water Service for 1024 Fifth Avenue South (L.1. 357). Page 13 of 13