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HomeMy WebLinkAbout1999-12-07 CC MIN . CITY OF STILLWATER CITY COUNCIL MEETING NO. 99-26 December 7,1999 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Also present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Police Chief Dauffenbach Fire ChiefKallestad Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier OTHER BUSINESS I. John Melville, St. Croix Valley Athletic Partnership - Sports Complex update and request for funding. John Melville, St. Croix Valley Athletic Partnership, provided an update on sports fields for use by children in the St. Croix Valley, currently available and proposed. He stated the organization has a complimentary role to the athletic associations that plan the programs. The organization is currently visiting area communities in a fund-raising effort. Council stated they understood the fundraising efforts, having just worked on similar efforts to request contributions from the area users of the St. Croix Valley Recreation Center. Council was supportive of the concept and will discuss options for contributions with the Finance Department. 2. GIS Workshop. City Engineer Eckles introduced Ryan Smith, GIS/Engineer Technician for the City. Mr. Smith presented Council with an overview of the capabilities of the system and highlighted the benefits oftbe G.I.S. and the electronic storage of the City's information. STAFF REPORTS Fire Chief Kallestad requested authorization to use the Fire Chiefs car for travel to and from home, to evening and weekend meetings, and to after-hours calls to fires. He conducted a survey of all twenty-one fire departments represented at the Metro Fire Chief s meeting. 100% of those departments provide the fire chief a take-home vehicle or a vehicle allowance. The Stillwater Policy and Procedures Manual, Section 11-14 lists the Fire Chief as one of the officials authorized to take home a City vehicle. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing 24-hour use of staff vehicle by Fire Chief, as described in Stillwater Policy and Procedures Manual. All in favor. Fire Chief Kallestad also reported he and Police Chief Dauffenbach support the installation of pre-emptive City Council Meeting No. 99-26 December 7, 1999 systems on the traffic signals at Curve Crest and Co. Rd. 5. Mr. Eckles stated the estimated cost is $8000 and can be done by change order. He will prepare the change order for the December 21, 1999, meeting. City Engineer Eckles requested the following items included in the 1999 capital outlay budget be carried into the year 2000 budget: $20,000 for lift station upgrades, $35,000 for a one-ton truck and plow, and $8,000 for sewer safety equipment. Motion by Councilmember Zoller, seconded by Councilmember Cummings approving the request of the Engineering Department to carry $65,000, included in the 1999 capital outlay budget, into 2000 and modifying the year 2000 budget to increase the capital outlay budget by that amount. All in favor. City Engineer Eckles informed Council the temporary turn lane, diverter and signage to restrict left turns onto Deerpath from Olive Street will be removed on Wednesday, December 8. The neighborhood was informed before installation that it was only a temporary solution for experimental purposes. They were not designed to withstand normal City plowing operations. Washington County took traffic counts before and after the installation. Later this winter staff will prepare a report on the results as well as options for a permanent solution. City Coordinator Kriesel requested authorization to advertise for bids for a new ice resurfacing machine. The resurfacing machine currently being used at Lily Lake is in need of a complete overhaul and is experiencing problems. The purchase of a new machine was planned for next year; however, because of the current problems, he recommended purchasing it at this time. Motion by Councilmember Cummings, seconded by Councilmember Zoller authorizing the advertisement for bids for an ice resurfacing machine. All in favor. RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble. Present: Also present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Police ChiefDauffenbach Community Development Director Russell City Engineer Eckles Fire ChiefKallestad Building Official Zepper City Clerk Weldon Press: Julie Kink, Courier John Klun, Gazette 2 City Council Meeting No. 99-26 December 7, 1999 APPROV AL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the minutes of November 16, 1999, Regular Meeting and Executive Session. All in favor. OPEN FORUM Alex Peltier, 1310 6th Avenue S., his brother Adam, and sister Allison, requested Council authorize the flooding of an ice skating rink at the old athletic field. Their father, Joe, volunteered to flood and maintain the rink if provided with the materials. Mayor Kimble stated the school district used to maintain the rink. City Coordinator Kriesel informed Council the current topography causes water to run to one end. The area would need to be graded to improve the surface. He suggested the School District be contacted for approval to grade the area. Motion by Councilmember Zoller, seconded by Councilmember Thole directing staff to contact ISD 834 regarding making accommodations to restore and provide a skating rink at the old athletic field. All in favor. CONSENT AGENDA Motion by Councilmember Thole, seconded by Council member Bealka to approve the Consent Agenda. All in favor. I. Resolution 99- 338: Directing Payment of Bills 2. Resolution 99-339: Contract with Gilbert Jansen for weekendlholiday boiler maintenance 3. Approval of Central St. Croix Valley Joint Cable Communications Commission Operating and Capital Expenditure Budget for Fiscal Year 2000. 4. Resolution 99-340: Designation of depositories for 2000 5. Resolution 99-341: Setting salary for administrative assistant 6. Resolution 99-342: Membership in Capitol City Regional Mutual Aid Assoc. 7. Resolution 99-343: Contract with Park Construction for storm sewer work on Mulberry Point 8. Purchase of survey equipment - Engineering Dept. 9. Resolution 99-344: Establishing salary retainer and hospital/medical insurance contribution for City Attorney, effective Jan. 1,2000 10. Resolution 99-345: 1999-2001 Labor Agreement with Law Enforcement Labor Services Employees' Union, Local 257- Stillwater Police II. Resolution 99-346: Valley Co-op Parking Agreement 12. Resolution 99-347: Agreements with Courier News and Stillwater Evening Gazette for legal publications for 2000 13. Resolution 99-348: Renewal of contract with Sand Creek Group, Ltd, for employee assistance services PUBLIC HEARINGS 1. This is the day and time for the Truth in Taxation Public Hearing. Notice of the hearing was placed in the Stillwater Gazette on November 29,1999. Finance Director Deblon explained the tax levy process and how monies are spent. 3 City Council Meeting No. 99-26 December 7, 1999 The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. The adoption of the tax levy and the budget for 2000 will be placed on the December 21,1999 agenda. 2. This is the day and time for the public hearing to consider a request from Timber Lodge Steakhouse, Inc., for a new on-sale and Sunday intoxicating liquor license, at 1820 Market Drive. Notice of the hearing was published in the Stillwater Gazette on November 30, 1999. Clerk Weldon reported an application for a new on-sale and Sunday intoxicating liquor license has been received from Timber Lodge Steakhouse, Inc., to be located at 1820 Market Drive. Building construction is anticipated to commence in March of 2000. Approval should be contingent upon fulf11ling all requirements to hold an on-sale intoxicating license and final inspections and approval by the Stillwater Fire and Inspection Departments. Jerel Gunning, operations manager, was present if Council had further questions. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 99-349 approving new on-sale and Sunday intoxicating liquor license for Timber Lodge Steakhouse, Inc., 1820 Market Drive, for the year 2000. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble. Nays: None. 3. Case No SUP/99-47 . This is the day and time for the public hearing to consider a request from Mainstream Partners, LLC, Tim Stefan, for a special use permit for use of the lower level at 219 North Main Street for offices/storage/elevator with flood proofing in the CBD, Central Business and Flood Plain Overlay Districts. Notice of the hearing was published in the Stillwater Gazette on November 26,1999, and notices mailed to affected property owners. Community Development Director Russell reported Tim Stefan is requesting a Special Use Permit for the basement parcel 5 of the Maple Island project. The proposed uses are studio, office, conference, elevator and storage. Renovation will include new poured concrete flood proofed exterior walls, elevating handling equipment above the flood plain and repairs to the concrete floor slab. The Flood Plain Regulations require the City Council hold a public hearing and review Special Use Permits in the Flood Plain District. The request for the Special Use permit was heard by the Planning Commission on November 8, 1999. The approval is an after the fact approval and will require construction to meet the Building Code requirements for flood protection construction. The Planning Commission recommended approval with the following conditions: I. Flood proofing plan shall be certified by a registered professional engineer or architect that the flood proofing measures are adequately designed to withstand regional flood conditions and be submitted to the City for approval; 2) the basement shall be dry floodproofed according to the State Building Code FP-l or 4 City Council Meeting No. 99-26 December 7,1999 FP-2; 3) All electrical heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulation flood protection elevation. The Mayor opened the public hearing. Tim Stefan, applicant, updated Council on the progress of the Maple Island project. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 99-350 approving a special use permit for use of the lower level at 219 North Main Street for offices/storage/elevator with flood proofing in the CBD, Central Business and Flood Plain Overlay Districts, contingent upon conditions of approval and findings. Case No SUP/99-47. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Case No ZAT/99-7.This is the day and time for the public hearing to consider a request from the City of Stillwater for a Zoning Text Amendment regulating auto repair uses in Residential Districts. Notice of the hearing was published in the Stillwater Gazette on November 26,1999, and notices mailed to affected property owners. Community Development Director Russell reported this item originated at the May 4, 1999, council meeting. The Planning Commission has considered this ordinance at several meetings and on November 8, 1999, recommended adoption. The ordinance would require the street setback area be clear of stored vehicles. Screening would be required for outside storage. Mayor Kimble questioned the fairness of charging a fee for a Special Use Permit to businesses already in operation. City Attorney Magnuson stated that if enough time is given to comply with the new regulations and it is feasible to do so, the City would be within its rights to require the Special Use Permit. City Coordinator Kriesel suggested a reduced permit fee be established for permit modifications. The Mayor opened the public hearing. Jim Gannon, Gannon's Auto Shop, 804 West Laurel, stated he rents to other businesses also. He has agreed to some fencing, but the neighbor on the west does not want a fence. He planted pines in that location. He requested clarification if cars that are for sale are considered stored vehicles. Council discussed fencing and storage issues. Councilmember Cummings questioned if Mr. Gannon's taxes could be temporarily reduced to offset the cost of complying with the new ordinance. Mr. Magnuson stated the tax abatement statute is an economic development tool; he will report to Council at the next meeting. The Mayor closed the public hearing. Motion by Councilmember Zoller, seconded by Councilmember Thole to have a first reading of an ordinance amending the Zoning Ordinance by adding Chapter 31-1.16(3c) Development Regulations for Automotive Sales, Service and Storage Uses Excluding Gasoline Filling Stations. All in favor. 5 City Council Meeting No. 99-26 December 7, 1999 Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to consider setting a reduced fee for Special Use Permit modifications. All in favor. The meeting was recessed at 8:20 p.m. and reconvened at 8:30 p.m. 5. This is the day and time for the public hearing to consider the proposed adoption of the City's Business Subsidy Policy under Minnesota Statutes Il6J.993 through lI6J.995. Notice of the hearing was published in the Stillwater Gazette on November 24, 1999. City Attorney Magnuson reported a new Minnesota Business Subsidies Act took effect for agreements entered into on or after August 1, 1999. It pertains to subsidies in excess of $25,000, but not to subsidies for housing projects and certain types of renovation and some forms of redevelopment. A subsidy is defined by the new law to include tax increment financing, tax abatements, preferential utility rates and special assessments under certain circumstances. He presented a draft policy he and Finance Director Deblon have prepared for Council review. The City is required to hold a public hearing to adopt criteria for awarding subsidies. One criteria required is that it must include a policy regarding the wages to be paid for jobs created. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Council member Bealka to adopt Resolution 99-351 approving Business Subsidy Policy. Ayes: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Nays: Councilmember Cummings UNFINISHED BUSINESS 1. Case FSUB/99-59 and FPUD/99-60. Final Plat and Final PUD approval for Phase I Stillwater Crossings (formerly Legends West), located on the northeast corner of County Road 15 and 62nd Street North. Pemtom, Developer; Ryland Homes, Builder. Community Development Director Russell reported the concept PUD was approved October 5, 1999, with seven conditions of approval as listed in Resolution 99-286. More detailed design changes have been made to address the concept approval conditions. Final approval is recommended, with the following conditions: I) the development agreement shall be approved before building permits are issued, and 2) the fmal plat for Phase I is approved before building permits are issued, and 3) the Public Works Director shall approve all off-site project public improvements. Mark Sonstegard, Ryland Homes, described the project and phasing. City Coordinator Kriesel reported the developer has requested the building official be authorized to issue a permit for one unit and three foundations, contingent upon receiving a waiver ofliability for costs associated with utilities. Motion by Councilrnember Thole, seconded by Councilmember Zoller to adopt Resolution 99-352 approving the final plat and fmal PUD approval for Phase I Stillwater Crossings (formerly Legends West), located on the 6 City Council Meeting No. 99-26 December 7, 1999 northeast comer of County Road 15 and 62nd Street North, as conditioned. Pemtom, Developer; Ryland Homes, Builder. Case FSUB/99-59 and FPUD/99-60. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the Building Official to issue a permit for one unit and three foundations at Stillwater Crossings, Phase I, contingent upon receiving a waiver of liability for costs associated with utilities. All in favor. NEW BUSINESS 1. Appeal of decision of Building Official for denial of permit at 216 W. Wilkins. An appeal to Council has been received from Marcia Kilbourne, 216 W. Wilkins. She is requesting Council review the denial of a building permit at her address. According to her appeal letter, the permit was withheld by Building Official Zepper because her building has a non-conforming use of three families living in her duplex. Building Official Zepper explained this is a zoning issue, not a building code issue. There are currently three units in the building; this is in violation of the zoning ordinance. City Attorney Magnuson, at the request of the City Coordinator, sent a letter to Ms. Kilbourne, dated November 23, 1999, explaining the status of her residence. The structure is located in the RB-two family zoning district, which means single family and duplex units are permitted without the need for special permits. The City believes the building is being used as a three-plex, thereby violating the zoning ordinance. A building permit would not be issued to expand the use since it is nonconforming and maintained in violation of the zoning ordinance. In the letter he stated she had two options: 1) Ask for a variance to have a tbree-plex structure, 2) eliminate the third unit from the basement as promised when she was allowed to remodel the house in 1998, thus having a two family dwelling on the site. The Mayor opened the public hearing. Marcia Kilbourne, 216 W. Wilkins, presented her request. She stated she had taped the Planning Commission meeting where she was given permission for her remodeling. Mayor Kimble stated the official record (minutes) did not indicate permission for three units. Council determined the issue should be tabled to allow the City Attorney to listen to, or have transcribed, Ms. Kilbourne's tape of the Planning Commission meeting. Motion by Councilmember Thole, seconded by Councilmember Bealka to table the discussion of appeal of the decision of the Building Official for denial ofa permit at 216 W. Wilkins. Ayes: Councilmembers Bealka, Cummings, Thole and Mayor Kimble Nays: Councilmember Zoller 2. Request by Church of the Incarnation for lawful gambling premises permit at Cat Ballou's. 7 City Council Meeting No. 99-26 December 7, 1999 Clerk Weldon reported a request has been received from the Church of the Incarnation, 3817 Pleasant Avenue S., Minneapolis, to open a charitable gambling site at Cat Ballou's, 112 N. Main Street. Ten percent of the proceeds would be donated to the Youth Service Bureau, 101 W. Pine Street. Motion by Councilmember Thole, seconded by Council member Zoller to adopt Resolution 99-353 approving lawful gambling premises permit at Cat Ballou's, 112 N. Main Street, for Church of the Incarnation. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Possible appointment to Downtown Parking Commission. Section 22-8 of the City Code states no person shall be eligible to serve on more than one board or commission at the same time. Due to the recent appointment of Karl Ranum to the Planning Commission, a vacancy now exists for the remaining portion of his term on the Downtown Parking Commission, to expire January 1,2001. The vacancy has been advertised as required by the City Charter. Applications have been received from the following: Mike Schumann, Traditions, and Richard Creveling, 709 Nightingale Blvd. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 99-354 appointing Mike Schumann to the Downtown Parking Commission, to fill the unexpired portion of a term to expire January 1,2001. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Request by U.S. West for conveyance of easement over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus. City Attorney Magnuson reported U.S. West has requested an easement over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus. The Board of Water Commissioners does not foresee any interference or conflict with their use of the site. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 99-355 granting an easement to U.S. West over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus, subject to an appropriate fee as determined by staff. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. Appointment to Middle St. Croix Watershed Management Organization. Civil Engineer Sanders has served as the City representative on the St. Croix Watershed Management Organization Board for the past two and one half years. Recent legislation, effective January 1,2000, states no member of the board of a watershed management organization shall be a salaried employee from the City they represent. Board members should be an appointed citizen from the city they represent. He recommended a notice be placed in the local newspapers requesting letters of interest from residents interested in the position. 8 City Council Meeting No. 99-26 December 7, 1999 Motion by Councilmember Thole, seconded by Councilmember Cummings directing staff to advertise for residents interested in serving as a city representative on the St. Croix Watershed Management Organization Board. All in favor. COMMUNICA TIONSIREOUESTS I. Request from residents on Orwell Court N. for investigation of compliance with building and zoning codes at 2248 Orwell Ct. N. A letter was received from neighbors of 2248 Orwell Court regarding the erection of a non-attached storage facility (silver plastic storage tent). They requested it be removed immediately or, if deemed a temporary structure, be removed by a specific date set by the Planning Department. Mark Olin, 2285 Orwell Ct., explained the neighborhood concems. Carl Berwald, 2248 Orwell Ct., stated this is not a neighborhood issue; it is a legal matter. The Building Inspector had told him the structure was in compliance with codes. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to investigate compliance with building and zoning codes at 2248 Orwell Ct. N. and report back to Council on December 21, 1999. All in favor. COUNCIL REOUEST ITEMS Councilmember Zoller reported City Engineer Eckles was publicly recognized at the Browns Creek Watershed DistrictlTrout Unlimited event held at the Oak Glen Country Club last week. He received an award from the Department ofNatura1 Resources for his work on the diversion system. Councilmember Bealka requested the public hearing on the tree ordinance be changed from December 21" to January. Holiday commitments would make it difficult for several residents to attend the meeting in December. Council concurred. Mayor Kimble stated the packet contained a request for comments from the US Army Corps of Engineers regarding an application by Wolf Marine for permit to place a barge in the St. Croix River and an application from Max Todo for a permit to place a barge and spud poles in the St. Croix River. He asked if it would be appropriate for the City to submit comments. City Attorney Magnuson stated it would be very appropriate. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 99-356 directing staff to submit comments to the US Army Cops of Engineers supporting applications for permits by MaxTodo Marine Services, Inc., and by Wolf Marine, Inc. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 9 City Council Meeting No. 99-26 December 7, 1999 STAFF REPORTS (continued) Community Development Director Russell requested authorization to submit an application to the Margaret Rivers Fund for a grant for park improvements in the Browns Creek Open Space Area near McKusick Lake Road. Motion by Councilmember Thole, seconded by Councilmember Bealka authorizing the Community Development Director to make application for a grant from the Margaret Rivers Fund for park improvements in the Browns Creek Open Space Area near McKusick Lake Road. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjoum to executive session to discuss personnel issue at 9:35 p.m. All in favor. cf~~ Attest: fYJ 0.' d ,"'; ( J ),.) dr.---.- I City Clerk Resolution 99- 338: Directing Payment of Bills Resolution 99-339: Contract with Gilbert Jansen for weekend/holiday boiler maintenance Resolution 99-340: Designation of depositories for 2000 Resolution 99-341: Setting salary for administrative assistant Resolution 99-342: Membership in Capitol City Regional Mutual Aid Assoc. Resolution 99-343: Contract with Park Construction for storm sewer work on Mulberry Point Resolution 99-344: Establishing salary retainer and hospital/medical insurance contribution for City Attorney, effective Jan. 1,2000 Resolution 99-345: 1999-2001 Labor Agreement with Law Enforcement Labor Services Employees' Union, Local 257- Stillwater Police Resolution 99-346: Valley Co-op Parking Agreement Resolution 99-347: Agreements with Courier News and Stillwater Evening Gazette for legal publications for 2000 Resolution 99-348: Renewal of contract with Sand Creek Group, Ltd, for employee assistance services Resolution 99-349: approving new on-sale and Sunday intoxicating liquor license for Timber Lodge Steakhouse, Inc.,1820 Market Drive, for the year 2000. Resolution 99-350: approving a special use permit for use of the lower level at 219 North Main Street for offices/storage/elevator with flood proofmg in tbe CBD, Central Business and Flood Plain Overlay Districts, contingent upon conditions of approval and findings. Case No SUP/99-47. Resolution 99-351: approving Business Subsidy Policy. Resolution 99-352: approving the final plat and final PUD approval for Phase I Stillwater Crossings (formerly Legends West), located on the northeast corner of County Road 15 and 62nd Street North, as conditioned. Pemtom, Developer; Ryland Homes, Builder. Case FSUB/99-59 and FPUD/99-60. Resolution 99-353: approving lawful gambling premises permit at Cat Ballou's, 112 N. Main Street, for Church of the Incarnation. Resolution 99-354: appointing Mike Schumann to the Downtown Parking Commission, to fill the unexpired portion of a term to expire January I, 200 I 10 City Council Meeting No. 99-26 December 7, 1999 Resolution 99-355: granting an easement to U.S. West over a portion of Outlot C, Liberty on the Lake 2nd Addition for the placement and operation of telephone system apparatus, subject to an appropriate fee as determined by staff. Resolution 99-356: directing staff to submit comments to the US Army Cops of Engineers supporting applications for permits by MaxTodo Marine Services, Inc., and by Wolf Marine, Inc. 11 RECORD OF EXECUTIVE SESSION Date convened: Tuesday, December?, 1999 Time convened: 952p.m Time adjourned, 10:06p,m. Members present: Mayor Kimble, Councilmembers: BeaHm, Cummings, Thole and Zoller Members absent: None Also present: City Coordinator Kriesel and City Attorney Magnuson Purpose of Executive disciplinary action. Session' To consider Findings of facts regarding appeal of Motion by Councilmember Thole, seconded by Councilmember Bealka, to adopt Findings of Facts supporting disciplinary action administered by City Coordinator. All in favor, Adiournment Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 10:06 P.M All in favor. cfrV/;/ Attest: 4hd'*~ CityCoordinalor .