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HomeMy WebLinkAbout2000-07-18 CC MIN --- - . CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-14 July 18, 2000 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble Present: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole Also present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire Chief Kallestad Director of Administration Kadin City Clerk Ward Press: Mary Divine, St. Paul Pioneer Press Julie Kink, Courier STAFF REPORTS Fire Chief Kallestad explained the fundraising for a Thermal Camera for the Fire Department. City Engineer Eckles gave an update on staffing for the Public Works Department and stated that he hoped to have three employees on board by July 31. City Engineer Eckles stated that within the past week a temporary storm sewer pipe system to deal with some drainage complaints along Boutwell Road. He stated that staff has just received a draft report on the Boutwell Road realignment options and traffic area study and that staff will be finishing that report and will be available shortly, but in the short-term staff would not be doing anything on the guard rail issue on Boutwell and County Road 12. Mr. Eckles suggested that the Council proceed with annexing the entire Boutwell Road from County Road 12 to Manning because then the City can place it on the State Aid Street System and begin collecting "Needs" money which could be $50,000-$ 100,000 per year and additional money into the City's State Aid Fund. He also stated that by the time US Homes is fully developed it could mean another 1,000 vehicles per day on that road. Councilmember Zoller stated he agreed that this issue should be addressed at a future meeting. Councilmember Bealka asked Mr. Eckles when the crosswalks will be painted. Mr. Eckles stated that the work will be contracted and that all the crosswalks in the City be done. He stated that the painting of the crosswalks are done just about every year. Page I of 18 . . City Council Meeting 00-14 July 18, 2000 Councilmember Bealka asked who owned the property east of the hockey arena and the weeds that are on that property need to be taken care of City Administrator Kriesel stated that he has left a message with Leo Miller regarding that issue. Councilmember Cummings asked if there was an ordinance stating that property like this should be mowed. City Attorney Magnuson stated that there is a State Law regarding noxious weeds and there is a procedure to give notice to the property owner to take care of it or the City can mow the property and bill the property owner. City Administrator Kriesel stated that when Mr. Miller talks to the property owner he tells them to cut back 6-8 feet, but a notice is not sent to mow the entire area. Councilmember Zoller asked if the City could contract with the people that mow Culver's to also cut the lot where the pond is. Councilmember Bealka stated that Water Street needs to be cleaned up, there is debris all over and the business owners do not maintain weeds. City Engineer Eckles stated that the bids have been: received for the ravine project and given the Browns C reek issues he does not want to ask Council to award the contract at this time and to table this issue for 30 days. City Engineer Eckles provided information to the Council on the status of the agreement between the City and the Browns Creek Watershed District with regard to the BCWD to accept the Stillwater AUAR Trout Stream Mitigation Project as a viable alternative to their rules and exempt the developers from their rules. At the June BCWD meeting that agreement failed by a vote of2-3. He stated that if the BCWD does not accept the AUAR Trout Stream Mitigation Plan he couldn't recommend going ahead with a $4.5 million project or the ravine project. He stated staff is going to continue to work with the BCWD. Councilmember Cummings asked if mowing is being done at the Disc Golf Course. Mr. Eckles stated that it would be done this week He stated that staffhas staked and expanded the mowing area and suggested doing a controlled burn at the course next year which would allow for overseed. City Attorney Magnuson reviewed the status of the Wisconsin property that has boundary and title problems. He stated that a boundary survey needs to be done and then an exchange of deeds. He requested that Barry Stack be authorized to start on that survey. The costs of this survey, approximately $15,000 for this survey could be reimbursed through the mitigation agreement if the bridge becomes a reality. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing Barry Stack to proceed with the survey for Wisconsin property. All in favor. Page 2 of 18 'City Council Meeting 00-14 July 18, 2000 City Attorney Magnuson reviewed the purchase of the Kern-Pauley property. Payments would be made over a three-year period. This property would not be able to be sold or given to a private owner within the three-year period because of the bonds and the inability to claim exception. He also stated that he would ask if it were permissible to put a prepayment clause in the agreement. Motion by Councilmember Bealka, seconded by Councilmember Zoller adopting Resolution No. 2000- 196 authorizing issuance, prescribing the form and details and providing for the payment of $295,000 General Obligation Capital Outlay Bonds, Series 2000E. Ayes: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole City Administrator Kriesel reminded Council of the Budget meeting date. He also reviewed the revenue and expenses on the 2nd Sheet ofIce and Lily Lake Arena. City Administrator Kriesel stated that the Community Development Director wishes to require surveys with all building applications. Councilmember Zoller stated that he is against doing this, because Barry Stack is the only one who knows the Old Town where most of the variances occur and said that there may be some problems, but felt this is overreacting. Council directed City Administrator Kriesel to discuss the matter with the Community Development Director. The meeting was recessed at 5:25 p.m. RECESSED MEETING 7:00 PM The meeting was called to order by Mayor Kimble. Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Also present: City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire ChiefKallestad Community Development Director Russell Press: Julie Kink, Courier Mary Divine, Pioneer Press APPROVAL OF MINUTES Motion by Councilmember Thole, seconded by Councilmember Cummings to approve the June 20, 2000 Workshop, City Council and Executive Session minutes. All in favor. Page 3 of 18 City Council Meeting 00-14 July 18,2000 PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS Cheryl Kohout. Stillwater Sutjrise Rot;uy Club and Dave Palmer. Stillwater Rotarv Club -commendation for contributions to Disc Golfcnurse. Mayor Kimble and CQUIlcilmember Cummings accepted a donation from the Rotary Clubs to put toward the construction of the Disc Golf Course. Mayor Kimble commended the Rotary Clubs on their dedication to the community and thanked them for the donation. Nan<<y Prince & Marv Ann S~deen - Information re~ardin~ Friends of Stillwater Public Libr;uy Ms. Nancy Prince and Ms. Mary Ann Sandeen provided the Council information on the new organization Friends QfStillwater Public Library, the mission of the organization and the projects that the organization will be undertaking. Senator GlUY Laidi~ and RlWtesentative Mark Holsten. Senator Laidig and Representative Holsten provided Council with an update on the 2000 Legislative Session. Councilmember Currunings asked who does the City coordinate with to find out the availability of grants, etc. Representative Holsteh stated that they could ask the agencies to compile a comprehensive plan for presentation to the City, but the agencies should be providing that information through the League. CONSENT AGENDA Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the Consent Agenda. All in favor. I . Resolution No. 2000-189 - Directing Payment of Bills 2. Resolution No. 2000-190, Approving SCVRC (2nd Sheet ofIce) Change Order No.2 3. Liquor License Fee Sched~le 4. Resolution No. 2000-191'; Approving General Security Services Corp. - Remote DuresslHoldup/Panic ~uttons for City Hall 5. Resolution No. 2000-192 ~Car Allowance for City Engineer 6. Resolution No. 2000-193 - Authorizing entering into Grant Agreement with MN Dept. of Public Safety, for Safe and So~er Communities project. 7. Utility Bill Adjustments - Sewer Charges 8. Request to purchase floor ~crubber for City Hall 9. Request to purchase scoreboard, timer, hard floor scrubber and carpet sweeper for Recreation Center. 10. Resolution No. 2000-194.- Awarding bid to Anderson Ice Rink for upgrade of Lily Lake Arena refrigeration system. 11. Authorization to proceed ~th fundraising for Thermal Camera for Fire Department 12. Authorization to prepare Comments on Brown's Creek Second Generation Plan Page 4 of 18 City Council Meeting 00-14 July 18, 2000 13. Approving Revised Fiscal Year 2000 and Fiscal Year 2001 Budgets - Joint Cable Communications Commission 14. Resolution No. 2000-195 - Reapportioning special assessment for Parcel 29-030-20-44-0035 PUBLIC HEARINGS Public hearing on proposal for the issuance of private school facility revenue bonds for St. Croix School. City Attorney Magnuson reviewed the issuance of the conduit bonds and recommend approval. Mayor opened the public hearing. There were no public comments. Mayor closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Cummings adopting Resolution No. 2000-197 reciting a Proposal for a Private School Facility Revenue Project and Giving Preliminary Approval to the Project and the Issuance of Private School Facility Revenue Bonds. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Case No. SUP/88-60. ReqJlest for an appeal of the Plannini Commission's decision for St. Croix Boat and Packet COIIIPaIIY for a review and possible modification to an existini &pecial use permit for transient charter and excursion boats located on the St. Croix River south of the Dock Cafe in the Dqplex Residential District RB and Bluffiand Sboreland District. Community Development Director Russell presented Council with an overview of the Special Use Permit, conditions of the permit for transient charter and excursion boats. Councilmember Cummings asked if the walkway would be paved. Mr. Russell stated that a paved walkway to provide pedestrian access to the Aiple Property was part of the conditions ofthe office building for St. Croix Boat and Packet. Councilmember Bealka questioned the music condition at the dock. Mr. Russell stated that condition was in response to complaints received from property owners on the hill with music on the transient slips. Steps have been taken since June by the use of signage, etc. to address that issue and it has improved. City Administrator Kriesel presented Council with the history of the dock permit, up until 1989 the City was the applicant for the dock permit. The City never had ownership of the dock. The Stillwater Dock Company maintained the dock and leased one side of the dock to St. Croix Boat and Packet who eventually purchased the docks in 1985 or 1986. In 1991 the St. Croix Boat and Packet applied for the dock permit with the DNR and the Corps. They apply for the dock permit Page 5 of 18 City Council Meeting 00-14 July 18, 2000 from the City because it is on City land. The Boat and Packet Company has to receive permits from the City, DNR and the Corps. Mayor Kimble opened the public hearing. Mr. Dave Spencer, attorney with Briggs and Morgan, speaking on behalf of the owners of the Dock Cafe and the Brick Alley Building stated that his clients were quite satisfied with the conditions set by the Community Development Director in his June 8, 2000 report. When it went to the Planning Commission it was modified substantially to really allow unlimited use. In 1988, the Special Use PermitIDock Permit provided for three boats and capacity of 275. This application provides for;five boats with a capacity of 1,600 to be serviced in this area. The impact of this is being felt by the entire City and particularly propertylbusiness owners in the vicinity, because of the people waiting for the boats for their excursion. These people need restroom facilities and they use these businesses facilities maintained by the businesses, not St. Croix Boat and Packet. Another impact is the parking. The amount of off-street parking in this area has not increased to accommodate the increased capacity of this business. He stated that all business owners and operators need to fmd a solution to the problems of traffic, parking, and restroom facilities. He stated that these permits were expired and the Council has the opportunity to establish reasonable rules, regulations and rules for the Boat Company. The Boat Company has no right to be there, it is a privilege. This business brings people to Stillwater but it does not benefit all businesses in the City. He asked that Council give considerations to the original conditions that were put forward by the City Planner before it went to the Planning Commission and try to address these issues. Mr. Ron Nelson, 509 Broadway Street South, stated he is happy with the downward lighting and the reduction in the noise, it is working with the signage. He is concerned about two issues. One is the Aiple property that is proposed as a City park that the City has spent $40,000 in its development. That the people in that park will have to walk through the Andiamo concession from one park to the other and it is in the best interest of City to control and purchase land such as the riverfront as the City's best asset. He also stated that the City should be adequately paid for the use of public land and feels the City is not presently doing that. If the boats were tavems the City would collect $12,500 from five establishments. If the boats were on another dock they would be charged at least $100 per foot for docking. Since the boats are docked on City property that would be another $30,000 that the City would have for the improvement of the infrastructure. He is surprised when an event is held downtown that the public bathrooms are locked. I think if the infrastructure of the City if there could be ways of taxing the user or add additional facilities and the business owners need to have their own facilities to serve their customers. In reality it would be 3,290 people if you include people getting off the boat and waiting to get on the boat. He stated that Council needs to think of ways. to get money to help pay for the infrastructure such as liquor tax and room tax. To keep the public restrooms open would be to charge a significant amount for the use of City property to pay for someone to man the public restroom. Mayor closed the public hearing. Councilmember Thole commended staff for the work they have done on this issue and stated he liked the fact that the permit is reviewed annually. He hoped that the conditions will meet the Page 6 of 18 City Council Meeting 00-14 July 18,2000 concerns in this issue, if they do not this permit can be reviewed on an annual basis that will make it more effective. Councilmember Bealka stated that he would like to see an amendment to the time change to II :00 p.m. for the music. Councilmember Zoller stated that the intent of the condition is the noise can't be played when the boat is parked at the dock, it does not prohibit noise when on the river. That part of the agreement has been a verbal agreement for a long time, this condition just puts it in writing in this special permit use permit. Mayor Kimble asked Community Development Director Russell if Mr. Anderson agreed to the conditions. Mr. Russell stated that Mr. Anderson has agreed to the conditions. Councilmember Cummings inquired if the walkway from the edge of Lowell Park to proceed in front of the Dock Cafe along the river and meet up on the backside is still planned. City Engineer Eckles stated that he has been working the Corps and the owner of the property on this issue. The owner will be placing riprap protection of the property and as part of that would provide for the possibility of that trail. It is still under consideration, the City has an easement there and the owner has been cooperative to make sure that it is a possibility. Councilmember Zoller stated that at some point in time the issue of a tax is something that should be revisited. An option would be the City build restroom facilities and the Boat & Packet Company maintain the facilities. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution No. 2000-198 approving the Special Use Permit with Conditions of Approval for St. Croix Packet Company. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None City Administrator Kriesel stated that a fee of$l,lOO per unit (7 units - $7,700) is proposed as the fee for the Dock Permit. Motion by Councilmember Thole, seconded by Councilmember Bealka approving Resolution No. 2000-199 approving the Issuance of a Dock Permit and Setting Fee for Dock Permit to the St. Croix Boat and Packet Company. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Ca~e No SV/00-31. ReQJlest from Ryan Smith for a street vacation of the west of20 feet of Sunset Drive to the southeast comer abuttini Lot 5. Block 3 Rearraniement of Radle's SunnyslQpe Addition in the RA. Sinile Family Residential District. Page 7 of 18 City Council Meeting 00-14 July 18, 2000 Community Development Director Russell reviewed the proposed street vacation. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution No. 2000-200 Vacating Part of Sunnyslope Land and Part of Sunset Drive. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Case No. V/00-40. ReQuest for an Appeal of the Plannini Commission's decision from Steve Meister for a variance to the side yard setback reQJIirements for the construction of an attached 7-car iara~e at 901-909-913 South Fourth Street in the CA. General Commercial and RB. D1lPlex Residential Districts. Community Development Director Russell reviewed the appeal, the request of the applicant and that the Planning Commission denied the request. He stated that two variances are required for setback and size of garage. Planning Chair Jerry Fontaine presented the reasons for the denial of the request by the Planning Commission by stating that the vote was 5-3 and the majority opinion was if it was on an individual basis it would require 6 variances. The main concern is that the garage would cross three individual lots that could be sold separately. He felt it was a dangerous precedent to set. Mayor opened the hearing. Mr. Steve Meister, the applicant, presented Council with an updated drawing of the proposed garage and explained that two garages will be torn down and a deck re\lloved from one of the homes. He stated that he knows he could have 3 garages with 10 feet in between, but would like one garage to make it very clean. Councilmember Thole asked about the drainage concern with this proposal. Mr. Russell stated that there would be more impervious surface than there is now. Councilmember Zoller stated that a condition of approval would be the approval of the Engineer regarding drainage on the property. Mr. Meister stated that he understood that others might ask for the same thing later on, but that they would have to ask for a variance as well. This property is very unique in that it is an assemblage. The carriage house style garage will improve the conditions of the scattered older garages, provide off-street parking for the residents and a unique hardship in this commercial intersection because there is no other intersection in the City with 4 commercial businesses in each comer surrounded by residential. There has always been a problem with off-street parking Page 8 of 18 City Council Meeting 00-14 July 18, 2000 for the residents. He would like to build this garage to get some of the vehicles off the street, get things under cover and make it look less junky, less cluttered. He doesn't think three garages would look better than the one he is proposing. It is a unique proposal and asks the Council's consideration. Mayor Kimble asked if at some point in the future that these residences would be sold separately how would that be handled with real estate and title companies, and getting a clear title. Mr. Meister stated that the proposed walls are on the property lines and it could be structured under a convent that is proposed for that building to be split. It would be handled in a similar way as townhouses and other buildings that are adjoined. Mr. Meister stated that the neighbors are in support of the proposal. Mayor Kimble closed the public hearing. Councilmember Thole stated that he felt this proposed garage would work. He stated that he realizes that a precedent may be set, but felt that a precedent that this would be set is that if someone comes with an idea that will make a situation better and the neighborhood is in favor of it, it may be a precedent that the Council may follow. Motion by Councilmember Thole, seconded by Councilmember Zoller approving the variance to the side yard setback requirements for the construction of an attached 7 -car garage at 901-909-913 South Fourth Street in the CA, General Commercial and RB, Duplex Residential Districts with the following conditions: I. The design of the garage should be reviewed and approved by the Design Commission before a building permit is issued. 2. Shared driveway access easements shall be recorded over the shared driveways as approved by the City Attorney 3. A common wall agreement shall be approved by the City Attorney allowing the structure to be built over the property line. 4. A drainage plan shall be prepared and approved by the City Engineer directing drainage to the street and away from adjacent lots. Ayes: Councilmembers Bealka, Thole, Zoller, and Mayor Kimble Nays: Councilmember Cummings Mayor recessed the meeting at 8:40 p.m. Mayor reconvened the meeting at 8:50 p.m. Case No. SOO/00-33. ReQ.Jlest from Mike and SHndy Hudson for a resubdivision combinini two lots into one lot at 314 Chestnut Street in the CBD. Central Business District. Community Development Director Russell reviewed the applicant's request with Council and that the Planning Commission passed this resubdivision unanimously. Page 9 of 18 City Council Meeting 00-14 July 18,2000 Mayor opened the public hearing. There were no public comments. Mayor closed the hearing. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution No. 2000-201 approving the Resubdivision of Property located at 314 Chestnut Street. Ayes: Councilmembers, Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Case No. SlJB/00-24 ReQJIest from Tom Brownson. rl;presentini Geoq~e Middleton for a resubdivision ofa lot located at 1221 North BroadwllY into three lots consistini of Lot A = 17.292 sQJIare feet Lot B=29.580 ~d Lot C=36 764 in the RA. Sinile Family Residential District. . Community Development Director Russell reviewed the request for a 3 lot subdivision of a lot at 1221 North Broadway and the Planning Commission's recommendation to deny the requested based on that the lot sizes do not meet requirements of one acre for properties not connected to City sewer and water, and lack of services. This property is not in the moratorium area, but would be serviced by utilities constructed in the moratorium area. Councilmember Thole asked City Engineer Eckles to explain the study and the proposed timeline. City Engineer Eckles stated that a study is being done for the entire Dutchtown Northhill area. He stated that the mapping of the area is being finished up right now and then the in depth study will begin. That study will give an estimate at what the cost area and the project will look like. To do this particular project on a temporary basis would probably be different than what would be done as an entire project and this would not make sense in the greater scope of the neighborhood. He recommends not providing a temporary/intermediate system that may be obsolete in two years. The study is only a few months away, but the bigger question is when it is built. He stated that if things go well as far has financing and public hearing he see construction beginning in a couple of years. He stated financing could be an issue on this project. Mayor Kimble opened the public hearing. Mr. Richard Witty, stated that the neighborhood didn't want the sewer in the neighborhood, or street widened and it seemed that Council is going ahead with it anyway. Mayor Kimble advised Mr. Witty that this particular hearing involves a different part of town, but in regard to the study Council has taken the vote to proceed with the study and Mr. Witty's question may be pertinent at the public hearing for that study and that a decision to proceed with that project has not been made. Mr. Gary Townsend, 1307 North Broadway, speaking on behalf of himself and four other neighbors that they see it as positive encroachment in the future. Mr. Eckles comments are well Page 10 of18 City Council Meeting 00-14 July 18, 2000 understood. He stated that they don't see it as a negative issue just so that the septic issues are addressed and that it is done in the right way. Their concems were on the improvements to have them done to the standards of Stillwater and not to have them redone in the future. The split of the three lots is all right, but want it done correctly. The issue lies with the cost of the improvements because some are on a fixed income. He asked if variances are needed for building would that come back for another hearing. It is just an issue of clarification of some Issues. Community Development Director Russell stated that there is a steep slope on the lot and it would be difficult to meet the setback requirement. Mayor Kimble stated that if that is the case there would be a public hearing on the variance request for each of the properties. Councilmember Thole asked what the immediate concems would be. Mr. Russell stated that once the Council approves subdivision you provide more rights to individual properties that may be more difficult to deal with in the future. Council should be pretty sure that the lots are developable if created and that information is not available now with the status of the utility information. Barb Casey, 1220 North Broadway, questioned the variances he is asking for and what it means. Mr. Russell stated that current conservation requirements require a setback from areas that are sloped greater than 24%. In order to construct on those lots it may be, based on the location of the buildings, that the property owners may need a variance to that setback. If they do, there is a public hearing process to allow the variance. Normally, we do not try to create new lots that need variances. Ms. Casey is concerned how the buildings will be situated on the property. Another concem is additional traffic. Mayor Kimble closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution No. 2000-202 denying a Request for Subdivision Approval, Case No. SUB/00-24. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Case No. ZAM/00-3. ReQJ1est from Wesley Investments Inc Jon Whitcomb rl;presentin~ Michael G Gibson for a zonin~ mllP amendment to rezone from A~cultural Preservation AP. to Sin~le Family Residential District. RA. aSS 254 sQJ1are foot parcel at 7970 Neal Avenue North. Lot 3. Block 2 Neal Meadows. Case No. SUB/00-34. ReQlIest from Wesley Investments. Inc.. Jon Whitcomb. rl;pTesentini MichHel G Gibson. for a subdivision of Lot 3 Block 2 Neal Meadows. 7970 Neal Avenue North. into three lots of31.254. 12.001 and II 999 sQJ1are feet. Page 11 of 18 City Council Meeting 00-14 July 18, 2000 Community Development Director Russell provided the Council with an overview of the rezoning and subdivision of this property when it is annexed into the City. He stated that this application has been reviewed by the Planning Commission and the Joint Board and recommended for approval subject to annexation. Mayor opened the public hearing. Mr. Jon Witcomb stated in review of the site of the as builts that were done on Creekside Crossing it has been found that three sewer stubs were prepared to connect the existing home through an easement through the two lots, but only two water connections. Because of the expense of providing the additional service it has been discussed that the fee for the third service may be waived in lieu of the additional expense. The existing septic would be vacated and the home hooked up with sewer and water. Mayor Kimble stated that this would not be part of the action, but he could work with staff on that issue. Mayor closed the public hearing. Mr. Russell stated there are conditions of approval for the subdivision. Motion by Councilmember Thole, seconded by Councilmember Bealka to have a first reading of Ordinance 899 an ordinance amending the zoning map by rezoning from Agricultural Preservation, AP, to Single Family Residential District, RA, a 55,254 square foot parcel at 7970 Neal Avenue North, Lot 3, Block 2, Neal Meadows Lot 2, Block 3 and Lot 12 Block 3 in the Neal Meadows. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution No.2000- 203 approving the Subdivision of Lot 3, B1ock2 Neal Meadows. Ayes: Councilmembers, Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Mayor Kimble stated that Items 9 through 17 are all related and asked that Mr. Russell give a presentation on all items. Case No. CP AlOO-I. ReqJ1est from US Homes for a Comprehensive Plan Amendment chan~ni the land ILqe desiiDation oflands in the Phase II exnansion area located between McKlLqick Road and Boutwell Avenue east of Mannini Avenue in the followini wavs: (I) From Lar~e Lot Sin~de Family to Townhouse Residential (24 acrea): en From Townhouse Residential to Small Lot Sinile Family (19.4 acres): (3) From Small Lot Sinile Family to Parks and Qpen Space (J 69 acrea). Case No ZA T/00-02 ReqJ1est from US Homes for a Zoninl1 Ordinance Text Amendment establishini a new Cove Cottal1e Residential (CCR) District Page 12 of 18 City Council Meeting 00-14 July 18, 2000 Case No ZA T/00-03 ReQllest from US Homes for a Zoninl! Ordinance Text Amendment establishini a new Cove Townhouse Residential (CTHR.). Case No. ZA T /00-04. Reauest from US Homes for a Zonini Ordinance Text Amendment estahlishini a new Cove Traditional Residential (CTR).. Case No ZAMlOO-04. ReQ.Jlest from US Homes for a Zonini Mlij) Amendment desilP1atinll' 48.1 acres ofland from Awicultural Preservation CAP) to Cove Cotta~e Residential (CCR) located ea.~t of Mannini Avenue and between McKusick Road and Boutwell Avenue in the Pha.~e II expansion area. Ca.~e No. ZAM/OO-OS ReQllest from I JS Homes for a Zonini M:w Amendment desilP1atini 16.1 acres oflHnd located in the Phase II ellpansion area located ea.~t ofMannini Avenue and between McKusick Road and Boutwell Avenue from Awicultural Preservation (AP) to Cove Townhouse Residential (CTHRt Case No. ZAM/00-06 ReQllest from US Homes for a Zonini Mlij) Amendment desiiDatini 4.5 acres of land from Awicultural Preservation (AP) to Cove Traditional Residential (~in the PhH~e II ellpansion area located east of Mannini Avenue and between McKusick Road and Boutwell Avenue. Ca.~e No. Slffi/00-42 ReQllest from US Homes for prelimin8.1Y plat lijlproval for a subdivision of 152 acres ofland into 220 sinllle family lots. IS townholL~e lots (150 HUs) and 8 outlots (parks <wen space and CR 15 riiht ofwai) located east ofCountv Road 15. north of Boutwell Avenue and south ofMcKIL~ick Road. Pha.~e II el\Pansion area Ca.~e No. PIJD/OO-4I. Reauest from US Homes for a concc:pt Planned Unit Development lijlproval for mixed lL~e residential development consistini of 160 townhouses 209 coved cottllies. II traditional residential and parks and open !\pace located on 150 acres ofland in the Phase II expansion area east of Mannini Avenue between McKusick Road and Boutwell Avenue. Community Development Director Russell stated the applications are for the Phase II Expansion Area of the City. He also presented the Zoning Map Amendments, Text Amendments and the proposal of US Homes. He also stated that these applications have been approved by the Planning Commission, the Township Planning Commission, and the Joint Board. He stated that a traffic study has been done and this is included within the 21 conditions of approval. Councilmember Bealka asked if this development has impact to the Browns Creek issue discussed earlier. City Engineer Eckles stated that the developer is subject to both the Browns Creek Rules and the Stillwater AUAR Mitigation Plan, but are working with the BCWD to accept the Stillwater AUAR Mitigation Plan as a viable alternative. Councilmember Cummings asked if US Homes owned the property. Page 13 of 18 City Council Meeting 00-14 July 18,2000 Mayor Kimble opened the public hearing. Mr. Bill Pritchard, Vice President of Thompson Land Development, Division of Orrin Thompson Homes, US Home Corporation, stated that US Homes owns the property on a contract for deed and on adjacent properties they have a purchase agreement. Councilmember Cummings asked if it would be possible to open discussions with US Homes and the City to swap the Rivard site and the potential site for Public Works. Community Development Director Russell stated that he didn't think it would be possible. The City tried to purchase the property previously and was not able to do it and moved to looking at another site. He felt that the same opposition and concerns would be expressed on the townhomes as will be expressed on the Public Works facility. It would be difficult to take action and go back and discuss the swapping of the Public Works and Rivard property. Councilmember Cummings stated that he would like it looked at and discussed. Councilmember Zoller stated that some of the comments he heard were some would rather see the Public Works facility rather than the park there or the townhomes there either. Mr. Jon Witcomb stated that as a taxpayer of the city, the City has to realize that that the property value isn't going down now that the developer has spent money to plat this property. If the City couldn't swallow the price then, I don't think they could pay the price now. Any properties that the City has its eye on the City better buy it quick. Then at that point you have something to trade with, but putting off the decision is costing the taxpayers dollars. Mayor Kimble closed the hearing. Mayor Kimble asked Mr. Prichard if he is aware of the 20-some conditions and that there was one additional condition added which was the traffic report. Councilmember Cummings asked the developer about a time frame for this project. Mr. Pritchard stated that they have a hearing with the Browns Creek Watershed on August 21, 2000 for storm water permits and there are other permits we have to obtain with other agencies, but the hope is that the infrastructure will be done in the winter months and up and running the spring of 200 1. Motion by Councilmember Thole, seconded by Councilmember Cummings adopting Resolution No. 2000-204 approving a Comprehensive Amendment, to have a first reading of Ordinance 900 and adopting Resolution No. 2000-205 approving Subdivision and Planned Unit Development. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None NEW BUSINESS Case No ANN/OO-I. Petition for annexation of I 26 acres of land located west of Neal Avenue and North of Boutwell Road. Page 14 of 18 City Council Meeting 00-14 July 18,2000 Motion by Councilmember Thole, seconded by Councilmember Bealka, adopting Resolution No. 2000-208 Annexing Land to the City of Stillwater Pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation Dated August 16, 1996. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Case No. ANN/OO-2. Petition for annexation of 152 acres ofland located north of Boutwell Road and east of County Road 15. Motion by Councilmember Thole, seconded by Councilmember Bealka, adopting Resolution No. 2000-209Annexing Land to the City of Stillwater Pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation Dated August 16, 1996. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None PurChH"" l\iI'eement with US Homes City Attorney Magnuson reviewed the purchase agreement with US Homes and recommend approval. Motion by Councilmember Thole, seconded by Councilmember Bealka, adopting Resolution No. 2000-206 approving purchase agreement with US Homes. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None River Market Crrand Qpenini Invitation and Details - Application for Special Event~ Motion by Councilmember Thole, seconded by Councilmember Bealka, approving the application for special events for the River Market Grand Opening. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Amendment to Leiends of Stillwater Conservation/Scenic Easement City Attorney Magnuson explained the amendment to the Legends of Stillwater Conservation/Scenic Easement. Motion by Councilmember Thole, seconded by Councilmember Cummings, adopting Resolution No. 2000-207 approving Amendment to Conservation/Scenic Easement for Lot 5, Block 3, The Legends of Stillwater and Lot 2, Block 6, The Legends of Stillwater, subject to DNR approval if required. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Page 15 of 18 City Council Meeting 00-14 July 18,2000 Increase in Trunk Storm Water Mitiiation Fees for EJlPansion Area City Engineer Eckles stated that because the Phase II expansion area is annexed into the City and the overall cost of the project has increase because of construction issues associated with the McKusick Ravine and the mitigation issues associated with McKusick Lake and construction inflation costs. The fees are based on the Comprehensive Plan and that the plan has been amended. Rates are generally raised every year based on the construction cost indexes. He recommended that the new truck storm water mitigation fees be $4,991 per acre for single family and $9,982 for commercial and multi-family. Motion by Councilmember Thole, seconded toy Councilmember Bealka, adopting Resolution No.2000- 210 increasing Trunk Storm Water Mitigation Fees for the Expansion Area. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None RCWOrt on A~ement between Browns Creek Watershed District and City City Engineer reviewed the earlier discussion and recommended that a Councilmember and Mayor attend a meeting on August 2, 2000 at 6:30 p.m. at 1825 Curve Crest or a meeting prior to that. Councilmember Cummings recommended that the Mayor and Councilmembers Thole and Zoller attend this meeting. Councilmember Zoller asked how much money has been spent so far. Mr. Eckles stated that some of the projects that have been done may not be used and therefore can not recommend the City proceed until this issue is resolved. It would be approximately $500,000 in hard costs and $500,000 in studies invested here. He also stated that if an agreement can not be reached the AUAR may have to be revisited and come up with an altemative. Councilmember Cummings asked if there is any alternative like the County Board or Met Council. Mayor Kimble felt that this issue can be resolved and a compromised reached. Councilmember Thole asked if this impacted the street project. Mr. Eckles stated that it would mean that project is on hold as well. On-Sale Wine with Stroni Beer. and 3.2% Malt LiQJIor License - The Harvest Inn & Restaurant -New Owners Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution No.200o-211 approving the New Wine License with Strong Beer Option and 3.2% Malt Liquor License Harvest Restaurant & Inn, Inc. (Dawn E Wagenaar) dba Harvest Restaurant & Inn. Page 16 of 18 City Council Meeting 00-14 July 18, 2000 Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None STAFF REPORTS Community Development Director informed the Council that there are three parcels adjacent to the proposed Public Works site that the owners of the property would like the City to investigate the possibility of purchasing. Motion by Councilmember Thole, seconded by Councilmember Bealka, authorizing staff to investigate the purchase of these properties. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 10: 10 p.m. All in favor. ATTEST: 4b~ LLJu/i lane Ward, CIty Clerk Resolution No. 2000-189: directing Payment of Bills Resolution No. 2000-190: approving SCVRC (2nd Sheet ofIce) Change Order No.2 Resolution No. 2000-191: approving General Security Services Corp. - Remote DuressIHoldup/Panic Buttons for City Hall Resolution No. 2000-192: car Allowance for City Engineer Resolution No. 2000-193: authorizing entering into Grant Agreement with MN Dept. of Public Safety, for Safe and Sober Communities project. Resolution No. 2000-194: awarding bid to Anderson Ice Rink for upgrade of Lily Lake Arena refrigeration system. Resolution No. 2000-195: reapportioning special assessment for Parcel 29-030-20-44-0035 Resolution No. 2000-196: approving the Financing for the Purchase of the Kern-Pauley lot in the Industrial Park. Resolution No. 2000-197: reciting a Proposal for a Private School Facility Revenue Project and Giving Preliminary Approval to the Project and the Issuance of Private School Facility Revenue Bonds. Resolution No. 2000-198: approving the Special Use Permit with Conditions of Approval for St. Croix Packet Company. Page 17 of 18 } . . City Council Meeting 00-14 July 18, 2000 Resolution No. 2000-199: approving the Issuance ofa Dock Permit and Setting Fee for Dock Permit to the St. Croix Boat and Packet Company. Resolution No. 2000-200: Vacating Part of Sunny slope Land and Part of Sunset Drive. Resolution No. 2000-201: approving the Resubdivision of Property located at 314 Chestnut Street. Resolution No. 2000-202: denying a Request for Subdivision Approval, Case No. SUB/00-24. Resolution No. 2000-203: approving the Subdivision of Lot 3, Block2 Neal Meadows. Resolution No. 2000-204: approving a Comprehensive Amendment, to have a first reading of Ordinance 900 Resolution No. 2000-205: approving Subdivision and Planned Unit Development. Resolution No. 2000-206: approving purchase agreement with US Homes. Resolution No. 2000-207: approving Amendment to Conservation/Scenic Easement for Lot 5, Block 3, The Legends of Stillwater and Lot 2, Block 6, The Legends of Stillwater, subject to DNR approval if required. Resolution No. 2000-208: annexing Land to the City of Stillwater Pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation Dated August 16, 1996. Resolution No. 2000-209:annexing Land to the City of Stillwater Pursuant to the Joint Resolution of the City and Town of Stillwater as to Orderly Annexation Dated August 16, 1996. Resolution No.2000-210: increasing Trunk Storm Water Mitigation Fees for the Expansion Area. Resolution No.2000-211: approving the New Wine License with Strong Beer Option and 3.2% Malt Liquor License Harvest Restaurant & Inn, Inc. (Dawn E Wagenaar) dba Harvest Restaurant & Inn. Page 18 ofl8 .