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HomeMy WebLinkAbout2000-06-06 CC MIN CITY OF STll..L WATER CITY COUNCIL MEETING NO. 00-12 June 6, 2000 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble Present: Absent: Also present: Press: Councilmembers Bealka, Thole, Zoller and Mayor Kimble Councilmember Cummings City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police ChiefDauffenbach Fire ChiefKallestad Director of Administration Kadin City Clerk Ward Mary Divine, St. Paul Pioneer Press Julie Kink, Courier Mayor Kimble presented and reviewed a proposed press release for Council review and appr val regarding the Stillwater Bridge issue. He stated that this press release has been reviewed by number of groups that include the Rivertown Restoration Inc., Heritage Preservation Commission, City f Stillwater Chamber of Commerce, Stillwater Area Chamber of Commerce and the St. Croix Iliance for the Interstate Bridge. He stated that it is not a contract and that it does not legally obligate the City and that any acceptance of the ownership of the bridge is given to the City the way the City wan it and the contract worked out later should this press release get the project back in the forefront of OT's, the State's, regional's and the St. Croix Valley's vision. That the State carefully considers the 10 I community's position. Councilmember Bealka stated that he felt it was time for something to be done and that he w encouraged by this action. Councilmember Zoller stated that because of employment with the Minnesota Department of Transportation in charge of and manages construction projects in the White Bear area he wo d abstain from the discussion and voting on this issue. Motion by Councilmember Thole, seconded by Councilmember Bealka authorizing the Mayor to pr the press release on behalf of the City. Ayes: Nays: Abstained: Absent: Councilmember Thole, Bealka and Mayor Kimble None Councilmember Zoller Councilmember Cummings Mayor Kimble brought up the issue of not enough public restrooms downtown and the impac on the downtown businesses. He stated that in the possibility of the two chambers becoming one c ber of commerce with a downtown presence, he hoped that the City would invest in placing restroo s into that structure so that it would be a visitor's center, offices for the chamber of commerce, and publ c restrooms. City Council Meeting No. 00-12 June 6, 2000 Motion by Councilmember Thole, seconded by Councilmember Zoller to direct staff to explore what the costs might be and when an opportunity arises come back to Council with recommendations. All in favor. STAFF REPORTS Fire ChiefKallistad reviewed an item on the consent agenda regarding beginning the process on the hiring of two part-time firefighters. City Engineer Eckles reviewed the lifeguard issue in relation to the lack of a full compliment of applicants therefore the beach could not be fully staffed as it normally would. He presented the option of not hiring any lifeguards and posting the beach with the usage policy and "No Lifeguards on Duty" or a reduced schedule. Mr. Eckles stated that Council might want to increase the salary for these positions. Councilmember Zoller stated that he would rather hire the four applicants and go with reduced hours rather than no lifeguards and hope for additional applicants through the summer. City Attorney Magnuson stated that he felt that there probably should be a gate so that when parents drop off their children they would know whether or not a lifeguard is on duty. He stated that if there were no lifeguards there would be no expectations at all from a liability point of view. Motion by Councilmember Thole, seconded by Councilmember Bealka, to not have lifeguards. Ayes: Councilmembers Thole, Bealka Nays: Councilmember Zoller, Mayor Kimble Absent: Councilmember Cummings Motion failed. Motion by Councilmember Thole, seconded by Councilmember Zoller that staff try to provide hard coverage, good legal signage, staff recommend higher salary and City Administrator Kriesel may set the salary. All in favor. City Engineer Eckles explained that the Washington County Health Department in conjunction with the Department of Natural Resources is monitoring the deep aquifers and they have asked if the City had a location where they could dig a well and do the monitoring in the disc golf area. Motion by Councilmember Bealka, seconded by Councilmember Thole adopting Resolution No. 2000- 171 Approving the Agreement with the Minnesota Department of Natural Resources for the Placement of a wen for Monitoring. Ayes: Nays: Absent: Councilmember Thole, Bealka, Zoller and Mayor Kimble None Councilmember Cummings City Attorney Magnuson stated that he has received the Certificate of Survey for the conveyance by the City to the Minnesota Armory Trust. This will meet the requirements for the people interested in the armory. Mr. Magnuson stated that part of this is encumbered by a restriction that was put in the deed by Super Value and it said that it be used for park and recreation purposes so that the City would not sell to a 2 City Council Meeting No. 00-12 June 6, 2000 grocery store that might compete with them. If there were a problem the City would seek a release from Super Value. Motion by Councilmember Bealka, seconded by Councilmember Zoller adopting Resolution No. 2000-172, Authorizing the Preparation of a Deed and Dellvery of the Deed to the MInnesota Armory Trust. Ayes: Nays: Absent: Councilmember Thole, Bealka, Zoller and Mayor Kimble None Councilmember Cummings City Attorney Magnuson presented another survey in relation to the railroad right-of-way which the roadway is constructed where the City would like to maintain the roadway. A 25-foot strip adjacent to the most easterly right-of-way of the main track along Mulberry Point. The railroad has indicated a willingness to sell. He asked for authorization to get Ray Kirchner to appraise this, to send the preliminary survey and legal description to Bruce Opp at the railroad and to continue pursuing the negotiated purchase of this property. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the City Attorney to get Ray Kirchner to appraise the propoerty, to send the preliminary survey and legal description to Bruce Opp at the railroad and to continue pursuing the negotiated purchase of this property. All in favor. Councilmember Zoller stated that he thought that the City was trying to purchase all the railroad property. Mr. Magnuson stated in order to do that the railroad would have to abandon the track. Until the railroad abandons the track the City will not be able to purchase. City Engineer Eckles stated that he has been working with the Corps on the paving issue. Because of some of the complicating issues of the power lines, the fact that we do not own the property, they would rather just gravel the whole area and as a trade he convinced the Corps to grade out the lot behind the Deusch building so that we can pave that as part of our parking program. Mayor Kimble asked about the paving and fmishing of the circle. Mr. Eckles stated he met with the Corps last week and that their goal is to have a majority of the work completed before LumbCljack Days and they were lining up their pavers and are two months ahead of schedule. City Administrator Kriesel presented the Council with a budget calendar and the proposed 5-year Capital Improvement Program. He asked that Council set a workshop for June 20, 2000 at 4:30 p.m. to meet with the war memorial committee and the CIP. Motion by Councilmember Thole, seconded by Councilmember Zoller setting a Council workshop for 4:30 p.m., June 20, 2000. All in favor. The meeting was recessed at 5:45 p.m. 3 City Council Meeting No. 00-12 June 6, 2000 RECESSED MEETING 7:00 PM The meeting was called to order by Mayor Kimble. Present: Absent: Also present: Councilmembers Bealka, Thole, Zoller and Mayor Kimbl~ Councilmember Cummings City Administrator Kriesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire ChiefKallestad Community Development Director Russell City Clerk Ward Press: Julie Kink, Courier APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Thole t~ approve the May 16,2000 City Council minutes. All in favor. ' , PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATI~ 1. Proclamation: Flag Day, June 14,2000 Mayor Kimble proclaimed June 14,2000 as Flag Day. 2. Proclamation: International Song Day, June 21, 2000 Mayor Kimble proclaimed June 21, 2000 as Intemational Song Day. be Vallee de Croix Chorus performed two songs. I 3. Commending Steve Gall and Paul Renslo, Oakland Junior High "Riv~r City Program" , , Mayor Kimble present~d acc~mmodations to Steve Call and Paul Retlo of Oakland Junior High for the development of the "River CIty Program." . , , , ! CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bealka tq approve the Consent Agenda. All in ~ ' 1. Resolution 2000-152: Payment of Bills 2. Resolution 2000-153 Approving contract and granting permit for te of Stillwater on June 16-IS, 2000 - City of Stillwater Chamber of Co 3. Resolution 2000-154 Approving contract and granting permit for te orary on-sale liquor license for Fall Colors Art Fair on October 7 -S, 2000 - City of Stillwater Chamber 0 Commerce 4. Resolution 2000-155 Contract with Hennepin Technical College for 'ning - Fire Department 5. Resolution 2006-156 Approving amendment to Emergency Respons Policy 6. Resolution 2000-157 Approving settlement of downtown lighting ass ssment appeals (Sabongi and Ranum) 4 City Council Meeting No. 00-12 June 6, 2000 7. Authorization to advertise for investigator for Carli & Schulenburg's Addition Architectural Survey 8. Resolution 2000-158 Regular part-time on-call employment of Sara Rugloski as Firefighter, effective July 1,2000 9. Resolution 2000-159:Authorization to publish Ordinance 896, restructuring of Parks and Recreation Commission, by title and summary I b. Resolution 2000-160: Rescinding and superceding Res. 2000-132, correcting addendum No. I to agreement with MN Teamsters Public and Law Enforcement Employee's Union, Local 320, Public Managers Assoc. 11. Resolution 2000-161: Full-time employment of Diane Ward as City Clerk 12. Approving revised job descriptions: City Clerk, Building Official, Engineering Secretary 13. Resolution 2000-162: Addendum No. I to development agreement with Anchobaypro, Inc., for Long Lake Villas 14. Resolution 2000-163: 2000 Memorandum of Agreement for Curbside Recycling Grant Distribution with Washington County 15. Resolution 2000-164: Employment ofseasonal workers - Public Works/Parks 16. Resolution 2000-165: Approving salary for Sharon Baker as recording secretary 17. Commending Modi Weldon for over six years ofservice to the City of Stillwater 18. Resolution 2000-166: Change Order No. I - Second Sheet ofIce 19. Resolution 2000-167: Amending Resolution 99-378 approving amendment in fees for services (annexation fee) 20. Purchase of office furniture - Police Dept. (revised) 21. Resolution 2000-168: Employment of Christopher Carvelli as Patrol Officer, effective July 1,2000 22. Granting permit for temporary on-sale liquor license for Washington County Historic Courthouse on November 17, 2000. 23. Approval to start process to hire two part-time firefighters. 24. Resolution 2000-169: Employment of temporary seasonal lifeguards 25. Resolution 2000-170: Setting hourly rates for temporary seasonal lifeguards Territorial Prison Site Update Community Development Director Russell stated the development agreement for the hotel, restaurant and meeting facility specified that June I, 2000 was the date for the closing for the sale of the property and that that it has taken longer for construction estimates, appraisals, and fmancing. He also stated that a request from Battle Hollow Development Partnership has been received for a continuance. Councilmember Thole asked Mr. Russell if he knew of anyone else interested in the property where it would not make sense to agree to a continuance. Mr. Russell stated that he was not aware of anyone else interested in the property and based on where we are with the project it wouldn't make sense to start over and that there is not anyone else interested at this time. Mr. Tim Richardson of McGarity Richardson, gave an overview of the status of this project. He stated that due to the good economy they are unable to get the general contractor where they would like him to be. They have also added additional funds to the marketing plan to allow them to move forward on the drawings and reach an agreement with the contractor and have reached with the hotel management company and almost done with the appraisal. He stated that the construction and demolition process would begin the later part of August and open in June 2001. 5 City Council Meeting No. 00-12 June 6, 2000 Councilmember Bealka informed the Council and Mr. Richardson that there is someone willing to develop this project in the event the timeline can not be met. Motion by Councilmember Thole, seconded by Councilmember Zoller to direct the City Attorney to draft an addendum to the development agreement to cover the 120-day continuance on this project. All in favor. PIJRLlC HEARINGS 1. Case No. SUB/OO-30. This is the day and time for the public hearing to consider a request from Coen and Stumpf and Associates, Inc., representing Jim Bradshaw, for a subdivision ofa 22.75 acre lot into four lots consisting of6.16 acres, 3.37 acres, 3.24 acres and 3.15 acres with two outlots consisting of A-2.49 and B=4.34 at the northwest corner of Highway 36 and Highway 5 intersection in the CRD, Campus Research and Development District. Notice of the hearing was published in the Stillwater Gazette on May 26, 2000, and notices mailed to affected property owners. (Resolution) Community Development Director Russell reviewed the proposed subdivision, Planning Commission recommendation and conditions of approval. He stated that it is a good project and they have been working with the City for 3-4 years to develop this project. The Mayor opened the public hearing. There was no public comments on this hearing. Mayor closed the hearing. City Engineer Eckles stated that street has to be designed to the MSA standard because the City has collected money to build the road to its current point and MnlDOT stated that if the road was not built to standard the money would be in jeopardy. Funding and financing regarding this will require some discussion. Mayor Kimble asked Mr. Bradshaw ifhe understood and accepted the conditions of approval in regard to this subdivision request. Mr. Bradshaw stated that he did. Motion byCouncilmember Thole, seconded by Councilmember Bealka adopting Resolution No. 2000-173, Approving the SubdivisIon of Property Located at the Northwest Comer of HIghway 36 And Highway 5. Ayes: Nays: Absent: Councilmember Thole, Bealka, Zoller and May!>r Kimble None Councilmember Cummings 2. Case No. ZAMloo-2. This is the day and time to consider a request from Mark Balay, representing Andiamo Enterprises for a zoning map amendment to rezone from RB, Two Family Residential District to CBD, Central Business District, at the property located south of the Main Street Parking Lot. Notice of the hearing was mailed to affected property owners. Community Development Director Russell reviewed the proposed request from Andiamo Enterprises for a zoning map amendment to rezone property located south of the Main Street Parking Lot for a new ticket office for Andiamo Enterprises. 6 City Council Meeting No. 00-12 June 6, 2000 Councilmember Thole asked Mr. Russell if this issue is specifically whether or not a duplex or office should be on this property and not for the increase of the fleet that was brought up at the last meeting. Mr. Russell stated that that issue would be addressed at the June 12, 2000 Planning Commission meeting. This application relates to the office building, not to the special use or dock permit. Councilmember Zoller stated that there are four issues: 1. That the dock permit was tabled to this meeting according to the minutes. 2. Special Use will be addressed at the Planning Commission 3. Variance addressed at the Planning Commission last month 4. Rezoning Councilmember Zoller asked Mr. Russell ifhe was correct in saying that rezoning comes to the Council but variances do not, unless someone appeals the variance. Mr. Russell stated yes. The variance is combined with the rezoning. The Planning Commission has recommended the variance to Council for approval. No one has filed an appeal on that variance. Councilmember Thole stated that Council does not act on the variance. That the complaints that people have generated will be addressed at the Planning Commission meeting on June 12, 2000. Legally, the variance can not be denied because no appeal has been made. Mayor Kimble stated that the issue is whether this property should remain RB-Duplex Zoning or to rezone for office use or commercial use of the property more specifically CBD. City Attorney Magnuson stated that the issue is on the merit of the zoning. Mr. Russell gave an overview of the Andiamo application for rezoning. Mr. Mark Balay representing Andiamo stated that this was not St. Croix Boat & Packet's original choice. They were set on this task by the DNR when the DNR determined that the St. Croix Boat & Packet Company owned land. The DNR does not want the St. Croix Boat & Packet Company to have their floating ticket office. Mayor Kimble stated if Council votes down this proposal St. Croix Boat & Packet can say to the DNR we tried and we can not build the office. Mr. Balay stated that is correct. It would mean they would rebuild the ticket office at its present location, which the DNR does not want. This proposed building is a good business solution. There have been some parking issues because their offices are down on the docks. This building will allow them to have a central point between the two loading docks allowing better monitoring, and handicapped parking. It is not public parking because it has an annual lease with the railroad for this property, which was required by Mr. Russell for this development. Councilmember Zoller stated a concern deals with the Aiple property and making sure that the City connects that park to Lowell Park and that an 8-foot trail is a condition of the variance. The easement would have to be executed and recorded prior to building permit issuance. He also stated his concem of one of the conditions in providing restroom facilities for Andiamo customers only being provided when the ticket offices are open. 7 City Council Meeting No. 00-12 June 6, 2000 Councilmember Thole stated that this issue could be addressed at the time of the special use permit at the Planning Commission level. City Attorney Magnuson stated he would have to look at the issue of putting conditions on a dock permit. Mayor Kimble felt that the St. Croix Boat & Packet Company would not object to additional restroom facilities. He stated that he had a conversation regarding this particular issue if they City would participate in it would it be possible to expand the restrooms. Mayor opened the public hearing. Mike McGuire representing Dock Cafe and Brick Alley, stated that his concern was the lack ofrestrooms in the area and that this issue will slip by and not get dealt with. He stated that he attended the Planning Commission and never saw a plan on what plumbing facilities are proposed or any conversation regarding restrooms. He wants Andiamo to provide facilities in this area. Mayor Kimble stated that at the 4:30 meeting Council directed staff to further explore the opportunities in the downtown area for additional public restrooms and the possibility of sharing in the cost with the Chamber of Commerce for additional restrooms. Mr. McGuire stated that he was concerned that that facility would not significantly help the south end of town. Nance Purcell of2oo1 Hazel Court is concerned about the Aiple property. She felt that the 8-foot pathway does not do justice to the long awaited expiration of the lease, the $40,000 spent on a consultant to make sure it was a good design and it was also talked about the possibility of moving the huge commercial enterprise and giving more space at the south end of the Aiple property because of the improved linkage of Lowen Park as well as moving some of the parking.problem. She felt that it would be best to delay the decision on this issue until a holistic plan for the riverfront is developed. She is concemed that the City would loose its goals in relation to the Aiple property. She felt the Andiamo needs to share. She stated that the Andiamo is using public land and profiting from that. Councilmember Thole stated that public land is used for newspapers etc. He stated that he would agree with Ms. Purcell if the proposed area circled on the map were owned by the City, but private land can not be controlled the way the City would want. The issue is whether duplexes should be on this property or whether commercial use should be there. The Council has to follow the law and there is no legal reason to deny the rezoning. Ms. Purcell stated that she felt that a better home for the Andiamo might possibly be the south end of the property and the City could condemn/trade for that land for the continuous access. She urged Council to consider this option. She has concerns that sometimes the process gets ahead of the permits. Mayor Kimble responded that because of many issues in this area, including the bridge issue, and all the various agencies that the City has been told that the boats will not be moved because it will make it more damaging to the scenic view. The City was dismissed early on in the process. Ms. Purcell asked that the 8-foot pathway be made into an inviting public access. She urged the Council to take care on how the access through a commercial district is done. Mayor Kimble stated that the City is trying to purchase the railroad property. 8 City Council Meeting No. 00-12 June 6, 2000 Linda Moses of 1009 Fifth Avenue South echoed Ms. Purcell's concern. She stated it is confusing on what is private and public land in that area. Mayor Kimble responded that everything south and east of the City's south parking lot until you reach the Tara Terminal is private land by either the railroad or St. Croix Boat & Packet. The City is getting an 8-foot easement over private land. Ms. Moses asked how long is the lease that Mr. Anderson has with the railroad. Ms. Moses stated it is very confusing with the variances and zoning and felt that decisions have been made. She informed the Council of a trip to St. Joseph, Michigan and that they developed their waterfront with a lot of parks etc. She felt that the City of Stillwater would benefit from something like that. She stated that having a large commercial building would go against something such as this. She felt there could be alternatives to all the parking and using it as commercial space. Mayor Kimble explained the limitations of City government regarding zoning, taxes, condemnation and purchase of riverfront property. Ms. Moses expressed concern that this building is not just replacing the ticket office but for a lot more growth of the company and overkill for what the DNR is expecting to be replaced. She is also concerned that the Andiamo is continuing to grow, having an impact on the air quality of the downtown area along with the number people and facilities. She felt this building is for more capacity there in anticipation of further growth, which hasn't been approved. She stated that it was odd to mix private business with public restrooms and that it should be made clear it is to be used for public use if public money is used to support this. Mayor Kimble responded that if a City dollar is invested it would have to be open to the public and beyond normal business hours. Peter Boosalis, 515 South Broadway, he concurred with the previous comments. He asked for clarification in that if the rezoning was not granted, then the Andiamo would be allowed to keep their facility on the water, is that correct? Mayor Kimble stated that it might be possible that the DNR would allow it, but that is not the intent of the applicant. Mr. Boosalis statedthat his understanding was that once this issue is acted upon it is done. He stated that there was nothing in the Planning Commission meeting about the Aiple property. Mayor Kimble responded that the issue of the Aiple property could not be considered with this request. The issue is that whether duplexes should be on this property or whether commercial use should be there. The denial or approval is based on things that relate to the land and hardship created by the configuration of the land. Councilmember Zoller stated that because the variance was not appealed, Council could not address the variance issues. 9 City Council Meeting No. 00-12 June 6, 2000 Mr. Boosalis stated that he felt people should have appealed the variance, but due to the lack of knowledge in the process, but there is an option would be to not allow the rezoning because they are tied. He stated that if the rezoning was denied the St. Croix Boat & Packet could reapply and give people the opportunity to discuss other options. Mayor Kimble stated that if Council denied the rezoning the rights to the variance would still stand into the future. It would not get reexamined. Councilmember Thole stated that a denial could only be based on legal reasons that are legally pertinent to that issue and tangential issues can not be the reason for a denial of the underlying issue. Mayor Kimble stated that Council could not consider the Aiple property, the railroad tracks, and the proximity to the river, the parking, and the shape of the building or any of these types of issues. The only thing that can be considered is which is better, duplex or commercial. Mr. Boosalis asked would a duplex under the residential zoning be allowed to be built there. Councilmember Thole stated that as long as all the setbacks were made. Mr. Boosalis stated that this variance is based on Council granting the rezoning because there may be different setback requirements for commercial property. Mr. Russell explained the residential setback requirements for a duplex. He stated that there is adequate land for a duplex, in terms of setbacks it depends on the configuration of the building. Councilmember Thole stated that he doesn't want to get into the situation where he is blackmailing one issue that is unrelated by tying up another. There are a lot oflegitimate issues about the use of the Andiamo fleet and they can be addressed at the Planning Commission meeting. Ms. Purcell stated that she felt what was troubling is the way this has been handled is the issue of the variance and that the decision has been made. And yet we have been invited to come and speak about an issue we and many citizens who couldn't be here tonight are truly concemed about because we feel like many parts of the City keep getting sold down the river. She stated what that they are asking from the Council is courage, not hiding behind the law, and sometimes alerting people that the variance is what needs to done would be beneficial to the Council's political standing and well-being of the City. She felt that Council needs to embrace the City and not someone holding a club over the Council's head because of the threat of a lawsuit. The Council was elected for leadership and its holistic process. It is not about just honoring laws and wishes of a commercial enterprise. Councilmember Thole stated that this property should not be duplex residential, it should be commercial and that he was not hiding behind the law in making this decision. There is a process in place that has to be followed and there was no appeal to the variance so Council can not address that issue. Mayor Kimble informed Ms. Purcell that the process according to law was followed, the hearing notices were sent to the affected property owners and published for the Planning Commission meeting and City Council meeting. The Council is following the letter of the law because if that were not done, the Council and City would be in trouble legally and financially. He felt that sometimes following the law is not necessarily in the best interest of the City, but the Council has laws and processes to follow. The penalty of 10 City Council Meeting No. 00-12 June 6, 2000 not following the law is too great. The issue can not include issues not relevant to the issue at hand. The City has staff to assist the Council work within the law and still accomplish objectives. Mike Liner, 121 Deerpath stated that the purpose of zoning is to reduce nuisance. It seemed that the rezoning of this property might cause nuisance or additional nuisance to what is already there. Although the Council may not want to deny the rezoning, place a moratorium to stall the process does not sound like a business hardship. It was his understanding that the DNR is the agency that does not want the Andiamo to move to the south end, but maybe if presented that it would be in the best interest of the City that the entire business be moved to the south end of the property. Jerry Fontaine, Planning Commission Chair stated that the south end of the Aiple property is the best part of the property. Why would you want to put boats in that area? This issue has been discussed at length. Mayor Kimble stated that the decision regarding the movement of the Andiamo business is a couple years old. Mayor closed the public hearing. Mayor Kimble asked Mr. Balay how long is the lease with the railroad property. Mr. Balay stated that the lease is one-year lease annually renewable. Mayor Kimble asked Mr. Balay how would people get from north of the building to south of building with the vehicles? Is there space for the 8 foot easement, the tracks and roadway? Mr. Balay stated an 8-foot path will have vehicle traffic over it at the point in the corner. The paving of the property stops at the northern end of the building, and at the request of City staff it would be gravel from there on. The pathway will be asphalt to the end of the dock. Mr. Balay stated that this building is not to create a commercial vehicle area. It is to improve the pedestrian access to the boats, control that access and add parking spaces at least on a temporary basis to an ongoing problem in downtown. Mayor Kimble asked City Attorney Magnuson if there is anything regarding the zoning amendment change that the Council should be aware of. Mr. Magnuson stated that a zoning ordinance can be amended if there was a mistake in the initial zoning of the property or there has been a substantial change in circumstances since the ordinance was adopted that leaves the property owner with no reasonable use under the current ordinance. Those are the only two reasons that it can be amended. The Council has almost total discretionary control over rezoning. Motion by Councilmember Thole, seconded by Councilmember Bealka, to approve the first reading of Ordinance No. 898, Zoning Map Amendment to Rezone From RB, Two Family Residential District to CBD, Central Business District, at the property located South of the Main Street Parking Lot. Ayes: Nays: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings 11 City Council Meeting No. 00-12 June 6, 2000 Mayor Kimble recessed the meeting at 9:15 p.m. Mayor Kimble called the meeting to order at 9:30 p.m. 3. Case No. V/00-27. This is the day and time for the public hearing to consider an appeal of the Planning Commission's decision for a variance to the front yard setback (30 feet required, 0 feet requested) and the side yard setback (4 feet required, 0 feet requested) for the rebuilding/expansion at 517 North Owens Street in the CA, General Commercial District Notice of the hearing was published in the Stillwater Gazette on May 26, 2000, and notices mailed to affected property owners. Community Development Director Russell reviewed the proposed variance requested by the applicant, Edward and Kathleen Schmidt and Planning Commission's denial of the entire application. Mr. Jerry Fontaine, Planning Commission Chair stated that there is an intensity of use in an area that may be difficult to justify in a residential area. He stated that plans show an outside deck. The Planning Commission felt the outside deck was an inappropriate addition in the residential area. Councilmember Thole asked about the procedural history by the Planning Commission. Mr. Russell stated that the staff recommendation was approval of variances as conditioned and denial of intensification of use and lack of parking. There were 12 conditions of the variance. Mr. Tom Weidner speaking on behalf of the applicants reviewed the applicants proposal of demolition and rebuild the Harbor Bar & Restaurant to address health issues and ADA standards. He stated that there is no residence planned for the second floor, it will be used for business office and storage. Mayor Kimble asked City Attorney Magnuson for clarification on intensification of use and windows on the zero lot line. Mr. Magnuson stated that the increase in structural size of the building is the intensification of use so the addition of a second floor would be an expansion of a non-conforming use. Regarding the window most of the downtown buildings have party wall agreements, it is also a life safety fire code issue to have no spaces. He thought it was the opinion of the building inspector that the life safety fire code considerations would prohibit the building blocking the exiting windows. If Council wishes to grant the applicant's request Council would have to include a condition that would satisfy the life safety fire code because that code can not be varied. . . . . Mr. Weidner stated that if the second story was eliminated it would not be economically feasible to build the building. Mayor opened the public hearing. Dave Hack, 504 N. Owens, wanted to know if there is going to be parking in front of the building, what happens to the parking spots taken up by the driveway to have access to the parking area. He felt that the applicants were not concerned about the neighborhood. There are been parking issues, noise and various other infringements on neighborhood property. He is coqcemed with the increase in business if a new bar is built which would cause more problems. 12 City Council Meeting No. 00-12 June 6, 2000 Mike Vanlaanen, 509 N Owens, stated that if the bar is torn down losing its "grandfather" position it is required to meet code unless variances are granted. A business is required to have parking of their own and can't have more than 50 percent of on street parking for a new business. Being grandfathered allows them not to have parking. He stated regarding the windows that you could not take from a neighbor something of value. If you take the opportunity to not have a bedroom there, it is taking property value. He felt the patrons of the bar would not change. He stated that the body shop in the area is not anymore welcome than the bar patrons and their attitudes. He wanted it investigated if a bar can be located this close to a neighborhood if they rebuild. Nancy Brown, 1104 Meadowlark, formally a resident of the neighborhood at 518 N Owens directly across from the bar. She stated that she is not concerned what goes on in the bar, but when it spills out into the neighborhood it becomes a neighborhood issue as well as Council's. Aesthetics and beauty is not the concem, it is the conduct of the bar patrons, trash, unwanted materials in lawns, etc., and the parking of those patrons and delivery services. She felt that any expansion at aU would be a disservice to the community. Beth Harrison, 706 West Laurel, presented the Council with a petition reiterating the concerns regarding this issue. She stated that it is not the owners of the bar that is a problem it is the patrons, but it is the owner's responsibility to control patrons of the bar. She is concerned that the problems of parking, noise, and litter etc. would increase if there were an increase in use. Mayor Kimble stated the Council will accept the petition, but Council has to make the decision on the merits of this issue technically the Council can not consider the petition because of the law regulating the process. Dave Bells, 515 N Owens, his concern is the windows. He feels the design of the building is all right. He was unsure how an addition could be placed on the back because of the configuration of the lot. Allen Zepper told him that if the window were gone it would make the bedroom illegal. Mayor Kimble explained that as long as he has the backyard setback and the side yard setback meets code then it is allowable. Vicki Vanlaanen, 509 N Owens, is concerned on the parking issue. She stated the traffic on Owens is already bad. She doesn't want a bigger bar and hopes that the deck is totally out of the picture. She asked if the variance is a way of overriding the 15 parking spots required for this project. She doesn't mind how it looks. Councilmember Thole stated that is what the variance addresses. Que variance for the deck has been eliminated. He asked the neighborhood do you want some money invested in the neighborhood with a guarantee that the use does not intensify. Mayor Kimble closed the public hearing. Councilmember Thole stated that it did not make sense to not grant the front yard variance to improve the building and if they do not add the 2nd floor they do not have intensification of use so they do not need the variance on the parking. Councilmember Zoller stated that they would need the parking variance if the building were torn down. 13 City Council Meeting No. 00-12 June 6, 2000 City Attorney Magnuson stated that the only time Council is compelled to grant a variance is if there is no reasonable use of the property. Community Development Director Russell stated that the general condition of the property is not the only issue. The restroom and kitchen situations are code problems. The addition in back is to meet those code conditions and not intensify the use of the bar serving area. The second floor would be an intensification of use. Motion by Councilmember Thole, seconded by Councilmember Bealka denying the intensification of use of the 2nd floor and deck and granting the front yard variance. Ayes: Councilmembers Bealka, Thole, and Mayor Kimble Nays: Councilmember Zoller Absent: Councilmember Cummings Mayor Kimble recessed the meeting at 10:50 p.m. Mayor Kimble reconvened the meeting at II :00 p.m. IJNFINISHF.D BUSINESS I. Acceptance of conveyance of Post Office Park property from David Hurley City Attorney Magnuson presented Council with a Certificate of Survey and Donation Deed from David M. Hurley for the Post Office Park project and reviewed the proposed conveyance. If the City were to go through condemnation it would cost the City approximately $80,000 - $100,000. There is some opposition to this because it is not 100% of the configuration of the historically used garden. Mayor Kimble stated that in lieu of condemnation Mr. Hurley is willing to donate part of the property. Councilmember Thole asked Mr. Magnuson about an adverse possession claim. Mr. Magnuson stated that adverse possession is not an option because the Supreme Court held that the general use by the public does not establish adverse possession, it takes people to do that, not the public in general. His recommendation is based on saving the City, some money. Judy Lacey a member of the Perennial Garden Club of Stillwater, stated that she would hate to see this park be chopped up or lost because someone wants to make use of a commercial setting a private home. She would hate to see a piece of the history of Stillwater that has been maintained since 1934 gone. She stated that Mr. Hurley is aesthetically doing some things that are inappropriate for the use of this historical garden. It has become unsightly over the last four years. The Garden Club doesn't feel that Mr. Hurley owns this property. She stated that the residents in the senior housing across the street use this park.. She felt that it was worth it to condemn the property. Paul Lacey stated that he felt the City owned the property since 1934 given by the United States Government. He stated that he was willing to donate 100 hours of his time to work with Mr. Magnuson to resolve this matter is Stillwater's favor. 14 City Council Meeting No. 00-12 June 6, 2000 Mr. Magnuson reviewed the ownership issue of the property. Mr. Magnuson does not feel that the City does not own the property. He stated that Mr. Hurley's concern is how intrusive it is to his residence. He_ has been approached on the purchase of this property. Motion by Councilmember Zoller to accept the donation from Mr. Hurley. There was no second on the motion. Motion by Councilmember Thole, seconded by Councilmember Bealka to table this issue. All in favor. I. Feasibility Report for Deer Path traffic calming project City Engineer Eckles presented the feasibility report for the Deerpath Traffic Diverter. Councilmember Thole would rather not see traffic from one area diverted to another and causing the same problem somewhere else. He sees the merit argument on both sides, but that it will be tough to make a decision unless there is something for everybody. . Mike Liner, 121 Deerpath stated that he would hate to see this issue delayed further for another study. If Deerpath were not in existence the traffic would have been on Brick Street. All that is being asked is to split the traffic in half and equitably distribute the traffic around the neighborhood so that Deerpath does not receive all of it. Alden Nelson, III South Brick stated that this is not going to work. He stated that residents on Brick Street couldn't get in and out of driveways for approximately three hours a day. He stated that he gave a report to Council on the traffic pattem on Brick and Myrtle and he broke that report down further. Traffic backs up to Ramsey, they go east to Grove and down by the park. He got a petition with 72 names of residents along Birchwood, Myrtle, Grove, Ramsey and Olive Street and only one person wanted the diverter. He stated that one of the biggest concerns was in the area of the park because of a danger to the kids in the park. His property is being ruined by traffic, pumping of Lily Lake floods his backyard, and the addition of a telephone tower that devaluates his property. Charlotte Dauffenbach, 103 South Grove suggested one way streets between Myrtle and Owens. Michael Kane, 272 Deerpath stated that the traffic on Brick is only half of the traffic load on Deerpath. He appreciates the residents on Brick Streets position, but the residents on Deerpath have double the difficulty getting into our driveway and to consider that when making a decision. Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution- No. 2000-175, Receiving Report on tbe Deerpatb Trame Diverter Project (9608D) and directing staff to come back to Council with recommendations on improving the impact to homes on Brick Street. Ayes: Nays: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings 2. Awarding the contract to PalenlK.imball Company for standby liquid propane system at St. Croix Valley Recreation Center Motion by Councilmember Thole, seconded by Councilmember Zoller adopting Resolution No, 2000-174, Approving Project Agreement witb PaleDlKlmball Company for Liquid Propane Gas Standby System. 15 City Council Meeting No. 00-12 Ayes: Nays: Absent: June 6, 2000 Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings 4. Consideration of liquor license fee increase and first reading of Ordinance amending Chapter 43 Liquor of the Stillwater City Code. Motion by Councilmember Thole, seconded by Councilmember Bealka adopting Resolution 2000-176, Approving Liquor License Fees. Ayes: Nays: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings 5. Possible second reading of an ordinance providing for the imposition of an administrative fee on certain forfeited vehicles. Motion by Councilmember Bealka, seconded by Councilmember Thole, adopting Ordinance No. 897, Ordinance Providing for the Imposition of an Administrative Fee on Certain Forfeited Vehicles. Ayes: Nays: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings NEW BUSINESS 1. Request for authorization to obtain appraisal for possible public works facility/park sites and master plan for Boutwell Park and public works site Mr. Russell is requesting authorization of two appraisals prepared the public works site. There are two parcels involved because staff has been directed to look at the residence on one of the parcels. Motion by Councilmember Thole, seconded by Councilmembet Zoller to approve the obtaining of appraisals for the public works facility/park sites and master plan for Boutwell Park and public works site. All in favor. 2. Approving plans and specifications and ordering advertisement for bids for the Mulberry/Water Street Improvement (project 200005) and McKusick Lake Conveyance System (Project 9626F) Motion by Councilmember Bealka, seconded by Councilmember Thole, adopting Resolution No. 2000-177, Approving Plans & Specifications and Ordering Advertisement for Bids for the Mulberry/Water Street Improvement (project 2??oo5) and McKuslek Lake Conveyance System (project 9626F). Ayes: Nays: Absent: Councilmembers Bealka, Thole, Zoller and Mayor Kimble None Councilmember Cummings 16 City Council Meeting No. 00-12 June 6, 2000 COMMUNlCA TIONSIREOUESTS City Attorney Magnuson asked for authorization to obtain an appraisal on a parcel obtained from Robert Lecuyer. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the appraisal. All in favor. Motion by Councilmember Thole, seconded by Councilmember Zoller to table the dock permit for Andiamo Enterprises to a later meeting. All in favor. Mr. Russell informed the Council that Roger Langer would like to intern with the Building Department. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the internship. All in favor ADJOITRNMENT Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn th in favor. at 12:11 p.m. All Ja A TIEST: jg~P It Ju//A 'Diane Ward, City Clerk Resolution 2000-152: Payment of Bills Resolution 2000-153 Approving contract and granting permit for temporary on-sale liquor license for Taste of Stillwater on June 16-18, 2000 - City of Stillwater Chamber of Commerce Resolution 2000-154 Approving contract and granting permit for temporary on-sale liquor license for Fall Colors Art Fair on October 7-8, 2000 - City of Stillwater Chamber of Commerce ResolutiOD 2000-155 Contract with Hennepin Technical College for training - Fire Department ResolutiOD 1000-1!6 Approving amendment to Emergency Response Policy ResolutioD 2000-157 Approving settlement of downtown lighting assessment appeals (Sabongi and Ranum) ResolutiOD 2000-158 Regular part-time on-call employment of Sara Rugloski as Firefighter, effective July I, 2000 . Resolution 2000-159Authorization to publish Ordinance 896, restructuring of Parks and Recreiltion Commission, by title and summary Resolution 2000-160: Rescinding and superceding Res. 2000-132, correcting addendum No. I to agreement with MN Teamsters Public and Law Enforcement Employee's Union, Local 320, Public Managers Assoc. Resolution 2000-161: Full-time employment of Diane Ward as City Clerk Resolution 2000-162: Addendum No. I to development agreement with Anchobaypro, Inc., for Long Lake Villas Resolution 2000-163: 2000 Memorandum of Agreement for Curbside Recycling Grant Distribution with Washington County Resolution 2000-164: Employment of seasonal workers - Public W orks/Parks Resolution 20110-165: Approving salary for Sharon Baker as recording secretary Resolution 2000-166: Change Order No. 1- Second Sheet of Ice Resolution 20110-167: Amending Resolution 99-378 approving amendment in fees for services (annexation fee) Resolution 2000-168: Employment of Christopher Carvelli as Patrol Officer, effective July 1,2000 17 City Council Meeting No. 00-12 June 6, 2000 Resolution 2000-169: Employment of temporary seasonal lifeguards Resolution 2000-170: Setting hourly rates for temporary seasonal lifeguards Resolution 2000-171: Approving the Agreement with the Minnesota Department of Natural Resources for the Placement of a Well for Monitoring Resolution 2000-172: Authorizing the Preparation of a Deed and Delivery of the Deed to the Minnesota Armory Trust. Resolution 2000-173: Approving the Subdivision of Property Located at the Northwest Corner of Highway 36 And Highway 5 Resolution 2000-174: Approving Project Agreement with PalenlKimball Company for Liquid Propane Gas Standby System. Resolution 2000-175: Receiving Report on the Deerpath Traffic Diverter Project (9608D) Resolution 2000-176: Approving Liquor License Fees. Resolution 2000-177: Approving Plans & Specifications and Ordering Advertisement for Bids for the Mulberry/Water Street Improvement (Project 200005) and McKusick Lake Conveyance System (Project 9626F) Ordinance No. 897: Providing for the Imposition of an Administrative Fee on Certain Forfeited Vehicles 18