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HomeMy WebLinkAbout2000-05-16 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-11 May 16, 2000 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble Present: Also present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble City Administrator Kriesel City Attorney Magnuson Community Development Director Russell City Engineer Eckles Police ChiefDauffenbach City Clerk Weldon Press: Julie Kink, Courier APPROVAL OF MINUTES Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the minutes of May 2, 2000, Regular and Recessed Meetings. All in favor. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS I. Petition to remove installati n of sidewalk between 2nd and 3rd Street from Mulberry Street Improvement Project. Barry Sittlow, a resident of the hurch of Christ Scientist Building at 231 N. 3rd Street, presented a petition from residents affected by the ulberry Street Improvement Project. The residents are requesting the City not construct a sidewalk along Mul rry Street between North 2nd and North 3rd Streets because of the topography, narrow width of the street, and afety/maintenance issues. City Administrator Kriesel stat d the street is not heavily traveled. The sidewalk would have minimal use and public safety would not appear be a significant problem. Motion by Councilmember Thole, econded by Councilmember Zoller accepting the petition and authorizing removal of the sidewalk constructi n portion of the Mulberry Street Improvement Project between 2nd and 3il1 Street. All in favor. OPEN FORUM Ron Nelson, 509 Broadway S et South, presented a petition from neighbors of the South BroadwaylTriangle Park neighborhood requesting e City impose reasonable conditions on Andiamo Enterprise dock activities when renewing the dock permi. They also requested Council support of the police in enforcing current ordinances for activities that oc ur on the docks. The petition stated the operations of Andiamo Enterprises, as currently conducted, interferes ith their ability to peacefully enjoy their residences. Councilmember Zoller stated h met with Richard Anderson, St. Croix Boat & Packet Co., and residents of the neighborhood. Mr. Anderson as agreed to have security on the docks until 2 a.m. and will post signs designating quiet times. City Council Meeting No. 00-11 May 16, 2000 Mike McGuire, Dock Cafe, stated the change of boats listed in the permit for 2000 increases seating capacity by an additional 350 seats. He expressed concem regarding the impact on parking. City Administrator Kriesel recommended that, in the future, all permits go before the Planning Commission. Council determined the renewal of the dock permit should be removed from the consent agenda (item No.4) and tabled to June 6. The special use permit will be examined and amended as necessary. Motion by Councilmember Cummings, seconded by Councilmember Thole to table the consideration of the renewal of a dock permit for the St. Croix Boat and Packet Company until June 6, 2000. All in favor. Councilmember Bealka also requested Item No. 16, Authorization for Building Official and Building Inspector to attend ICBO Annual Business Meeting, be removed from the consent agenda for further discussion. Motion by Councilmember Thole, seconded by Councilmember Zoller removing Items 4 and 16 from the consent agenda and approving the consent agenda as amended. All in favor. CONSENT AGENDA 1. Resolution 00-140: Payment of bills 2. Resolution 00-141: Reapportionment of assessments for parcel No. 32.030.20.32.0038 3. Purchase of office furniture - MIS Specialist ~. Reselllti8BI R:efte\-18l sf aeek perIt1.it 8t. Crain Beet an8 Paake! Cempany 5. Resolution 00-142: New tobacco license -Oak Glen L TO, Oak Glen Country Club 6. Authorizing use of Aiple'property for paid parking July 4 and Lumberjack Days 2000 for Stillwater Hockey Booster Club fundraiser. 7. Resolution 00-143: Employment of Tim Morse as summer intern to assist with city-wide trail plan and other special projects 8. Resolution 00-144: approving agreement and 3.2% on-sale liquor license for Music on the Waterfront June 21, 28 and July 5, 12 - City of Stillwater Chamber of Commerce 9. Waiver of garbage and collection charges 10. Purchase of asphalt tamper - Streets Dept. II. Resolution 00-145: Vacation of easement - Timberlodge Steak House, Stillwater Ma,rketplace 2nd and 3n1 Addition 12. Temporary on sale liquor license and application for exempt gambling permit, Sept. 10,2000 - St. Mary's Church Wild Rice Festival 13. Hang banner on Chestnut Street, 9/1-9/10/2000 - St. Mary's Church Wild Rice Festival 14. Resolution 00-146: Temporary part-time employment of Billy Vonwald as Maintenance Worker I 15. Authorization to hire secretary - Police and Fire Departments 16. ..'\\HfteAmH88 fer Bttildiftg Oftieia] &Be Btiiltliftg IB9I'eetaf te Mteftd leBO ..'\frftttal B\tBiBeSS ~leeti8g 17. Resolution 00-147: Approving application for Forest Health Grant 18. Purchase of To po map for the Engineering Department 19. Resolution 00-148: Approving Contract with Johnson Controls for Companion System Repairs 20. Commending Steve Keister for over five years of service on the Charter Commission 21. Commending Joe Ritzer for 15 years of service to the City of Stillwater 22. Commending Alan Liehr for over 6 years of service on the Parks and Recreation Board 23. Receiving Board of Water Commissioners Financial Statements, Supplementary Information and Independent Auditor's Report. 2 City Council Meeting No. 00-11 May 16,2000 Councilmember Bealka stated the Building Official has attended this conference for several years. He requested Council consider sending the other two building department inspectors instead. Councilmember Thole stated it should be left up to the Department Head (Mr. Russell) to determine which staffwill attend. Councilmember Zoller also stated conference attendance was included in the budget process. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing the Building Official and Building Inspector to attend the ICBO Annual Business Meeting. 4-1 (Bealka nay) STAFF REPORTS Police Chief Dauffenbach reported that, in response to Council concerns regarding vandalism in the parks, he has prepared an action plan. Explorer Scouts will be going door-to-door in the neighborhoods overlooking or adjoining parks to distribute a letter soliciting assistance from the neighbors in reporting suspicious activity in the parks. City Attorney Magnuson reported progress is bc;:ing made on acquiring the post office park property. The owner is planning to gift the park to the City. Legal descriptions are being prepared. PUBLIC RF.ARINGS 1. Case No. SUP/00-14. This is the day and time to consider an appeal of the Planning Commission's denial for a Special Use Permit for the addition of a second floor to the existing office building at 808 North Fourth Street in the RB, Two Family Residential District. Consolidated Lumber Co., applicant. Notice of the hearing was published in the Stillwater Gazette on May 5, 2000, and mailed to affected property owners. Community Development Director Russell reported this request was heard by the Planning Commission on April 10, 2000. In the applicant's letter of appeal, the concerns expressed by the Planning Commission regarding general safety, general appearance, and future use of the property are addressed. The applicant is offering to limit the future use of the building to office use ofa similar intensity. As a recorded deed restriction, this would limit future use and protect the neighborhood from future commercialization. Jerry Fontaine, Planning Commission Chair, reported the vote to deny passed 5-3. Consideration was subjective in determining potential detrimental effects to the neighborhood. The Mayor opened the public hearing. Dave Majeski, Consolidated Lumber, presented his appeal. He stated neighborhood concerns regarding parking, an outside stairway, lighting, dumpster coverage, and privacy have been adapted into the plan. He stated Consolidated Lumber will agree to the conditions in the appeal letter and the City conditions of approval. Cassie Ludwig, 820 N. 4th Street, expressed opposition and referred to the petition of neighbors requesting denial. Councilmember Thole explained the Council must have a legal basis for denial. Mayor Kimble stated the petition will be accepted, but Council cannot use it as a basis for denial. He requested residents addressing Council present specific reasons for objection rather than a general opposition. Bill Pappas, 720 North 5th Street, expressed concerns with night lighting, noise from air conditioning units, light levels during the day, the need for a security system, and the large size of the building radically changing the neighborhood. 3 City Council Meeting No. 00-11 May 16,2000 Brad Hochalter, 820 North Fo Street, concurred with the concerns of Mr. Pappas. Sherry Frisch, 211 West Elm Str et, expressed concems regarding outside lighting, noise from the air conditioners, and the height of th building. Amy Vetruba, 801 North 5th S t, requested the extension offencing to the south side of the building, adjoining her property. Jan Brunsoman, 715 North 5th Set, expressed concerns regarding lighting, noise, and traffic. The Mayor closed the public he Mayor Kimble asked staff to res nd to the legal aspects of the various concerns. City Attorney Magnuson stated e height proposed is within the code limits. No variance would be needed. The height would block sunlight, but that is not a legal basis for denial. Security lighting could be restric d to alternate means of security that are not intrusive. He recommended the Community Development Direct r and applicant work with the neighborhood to determine an agreed-upon type. Mr. Majeski stated the new air s stem will be no louder than the old unit. He agreed to including a condition of approval that the sound level wo Id be no greater than the current unit level. The residents in attendance did n t disapprove of the current photocell pole light on the property. Mr. Majeski had no objection to ding fencing to the south side. Mr. Russell stated the handicapp parking requirements and the installation of curb and gutter could not be varied. Current development s dards for drainage require the curb and gutter. City Attorney Magnuson stated e application has historical implications. Ifit were a new construction, there could be basis for denial. Howe er, the area has historically been a busy commercial center. Council determined there was no legal basis for denial but conditions of approval can be attached. The applicant agreed to the folio . ng conditions of approval: I. All conditions of approval re mmended by the Planning Commission: a. all exterior lighting to be reviewed by Community Development Director b. new sign will need si permit c. all drainage shall rem . n on site d. all mechanical shall b screened e. any changes to the ap roved plan shall be reviewed by the Community Development Director. 2. All accommodations listed in e appeal letter: a. reduce number of par . g stalls from 32 possible to 20 b. drive-through potenti from Fourth Street to Fifth Street will be removed and blacktop replaced with sod and landsca ing. 4 City Council Meeting No. 00-11 May 16,2000 c. exterior stairway will be removed d. exterior block building will be replaced with horizontal painted siding e. the flat roof will be replaced with a 9:12 pitched roof housing all mechanical air handling and exhaust units, except the ground mounted AC compressors f. roof dormers are added to make the structure more residential in appearance and to scale with other homes g. existing asphalt mat and curbs will be regraded and replaced h. dumpster will be relocated in enclosure i. privacy fencing is planned along the North property line j. agree to deed restriction limiting any future use to office occupancy of similar size. 3. Additional conditions discussed at hearing: a. new air conditioning unit will be no louder than current unit b. wood or vinyl fencing will be extended to the south side c. security lighting will be approved by Community Development Director, with input from neighbors d. no audible exterior security alarm. Motion by Councilmember Zoller, seconded by Councilmember Thole approving a Special Use Permit for the addition of a second floor to existing office building at 808 North Fourth Street in the RB, Two Family Residential District. Consolidated Lumber Co., applicant. Case No. SUP/00-14. All in favor. The meeting was recessed at 8:50 p.m. and reconvened at 9:05 p.m. UNFINISHF.D BUSINESS I. Update: Disc Golf Course. Sherri Buss, Bonestroo, Rosene, Anderlik & Assoc. (BRA), presented the proposed design plan for the disc golf course at Brown's Creek Park and issues arising from the study. Twelve to thirteen holes can be developed within the westem portion of the site where no issues have been identified. However, the remaining holes in the eastern half have several issues identified with development. There is a question of compatibility of disc golf and walking trails/neighborhood park usage. The southeast section proposes 1-2 holes but has previously been identified as a potential neighborhood park. The area along the south border would require access by walking on the Zephyr Railroad right-of-way. The Brown's Creek Watershed District rules require a loo-foot buffer in areas adjacent to wetlands and buffers. Volunteers are scheduled to develop the proposed holes on May 20. Because of the identified issues, it may be difficult to develop more than 12 holes at this time. She requested Council approval to proceed with development of a 12-hole disc golf course on the western portion of the site on May 20. She also requested Council direction on the completion of the design for a total of 18 holes. Motion by Councilmember Thole, seconded by Councilmember Cummings to authorize construction of a 12 hole Disc Golf course on the western portion of the Brown's Creek Park property pursuant to the recommendations 5 City Council Meeting No. 00-11 May 16,2000 contained in the report and recommendations prepared by Sherri Buss, Bonestroo, Rosene, Anderlik & Associates. All in favor. Council also directed staff to update the Brown's Creek Watershed District on the proposed plan and activities. 2. Possible second reading of an ordinance amending Chapter 48, Parks and Recreation. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a second reading of Ordinance 896 amending Chapter 48, Parks and Recreation, establishing the number of members and the duties of the Commission. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Possible second reading of ordinance amending the Stillwater City Code by enacting provisions requiring criminal history and driver's license checks of applicants for employment and safety sensitive employees. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a second reading of Ordinance 895 amending the Stillwater City Code by enacting provisions requiring criminal history and driver's license checks of applicants for employment and safety sensitive employees. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None NEW BUSINESS 1. Use of Nightingale Blvd. for construction traffic - Tim Nolde. Tim Nolde, developer of Green Twig Villas, requested the use of Nightingale Boulevard for construction traffic related to the blacktopping of the cul-de-sac. He stated the contractors informed him the pavers cannot use the dirt road as access as the concrete trucks do. There would be approximately 13 loads this year and once again next year. Councilmember Zoller disagreed that the pavers are not able to travel on the dirt road. From his experience, they are able to travel anywhere a concrete truck travels. City Engineer Eckles stated one of the conditions of approval for Green Twig Villas was that all construction traffic come off of Curve Crest Boulevard. This condition was added to address neighborhood concerns. Motion by Councilmember Thole, seconded by Councilmember BeaIka directing City Engineer Eckles to authorize reasonable construction traffic on Nightingale Boulevard for paving at Green Twig Villas. 4-1 (Zoller nay) Mr. Nolde stated footings are completed for four units and he requested Council direct staff to issue building permits for those units before the blacktop is in. Mr. Eckles stated the standard is to allow one unit prior to the full range of public services being completed. Construction traffic can damage the incomplete road. Mr. Nolde agreed to be responsible for all costs related to damage. Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to issue building permits for four units at Green Twig Villas. All in favor. 6 City Council Meeting No. 00-11 May 16,2000 2. Approval of 2nd Phase Stillwater Crossing located at northeast corner of 62nd Street North and CR 15. Pemtom Development, applicant. Case No. SUB-F/00-32 Community Development Director Russell stated the preliminary plat was approved in October 1999. The final PUD and final plat for the 1st Addition have been approved. This proposal is for the remaining 16 lots and Outlots A and B. He recommended approval with the following conditions: I. The 2"d Addition plat shall be reviewed by the City Engineer for road, drainage and utility easement; and 2. An amendment to the Stillwater Crossings Development Agreement shall be prepared and approved by the City Council before fmal plat recording. Motion by Councilmember Cummings, seconded by Councilmember Thole to adopt Resolution 00-149 approving fmal plat of 2nd Phase Stillwater Crossing located at the northeast corner of 62nd Street North and CR 15, as conditioned. Pemtom Development, applicant. Case No. SUB-F/00-32. Ayes: Councilmembers BeaIka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Modification of Parking Management Agreement with Imperial Parking (Impark) for administration of Downtown Pay Parking Program Community Development Director Russell explained the changes are needed due to the changes in the parking program for 2000. The changes increase the management incentive fee from 10 percent to 13 percent for the fIrst 1,000,000 and 10 percent thereafter, plus an increase in hourly rate for Impark employees. A one-year extension is requested. The Downtown Parking Commission recommends approval. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 00-150 approving the amendment to the agreement with lmperial Parking for the administration of the downtoWn pay parking program. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Calling for a public hearing on the proposed modification of Development District No.2 and the development program for Development District No.2 and the proposed modification of Tax Increment Financing Plan for District No.8, all located within the Development District No.2. City Attorney Magnuson reported this is a housekeeping amendment. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 00-151 calling a public hearing on June 20, 2000, on the proposed modification by the City for Development District No.2 and of the Development Program for Development District No.2 and the proposed modification of the Tax Increment Financing Plan for District No.8, all located within Development District No.2. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 5. Request for funding - River Valley Arts Council. 7 City Council Meeting No. 00-11 May 16, 2000 City Administrator Kriesel presented a request from River Valley Arts Council a $2000 donation in support of the Fifth Annual Art Crawl. The request is consistent with past donations. Motion by Councilmember Thole, seconded by Councilmember Cummings approving the donation of $2000 to the River Valley Arts Council for the Fifth Annual Art Crawl. All in favor. 6. Possible first reading of an ordinance requiring payment of an administrative fee on vehicle forfeitures. Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of an ordinance requiring payment of an administrative fee on vehicle forfeitures. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 7. Boutwell ParklPublic Works Facility. Community Development Director Russell reported the Boutwell Cemetery site is indicated as a park site in the Comprehensive Plan. It is also a portion of a larger site that could be the location of a city park and Public Works site. The City is currently talking with the three property owners regarding possible purchase of the site. Motion by Councilmember Thole, seconded by Councilmember Zoller directing staff to bring the ParkslPublic Works facility concept to the Parks and Recreation Commission and the Planning Commission for comment. all in favor. COMMUNlCA TlONSIREOUESTS 1. Washington County Office of the Sheriff - Invitation to attend annual Law Enforcement Memorial Day Ceremony. STAFF REPORTS (continued) City Administrator Kriesel reported the Minnesota Wild has not yet determined the location of their practice facility. If the City is to remain in the running as a possible location, the purchase option for the property must be exercised by May 22. Even if the Wild does not choose Stillwater as the site for their facility. it would still be in the best interests of the City to own this parcel. Motion by Councilmember Thole, seconded by Councilmember Zoller authorizing staff to exercise the Option Agreement between Bill Pauley and Violet Kern, Sellers, and the City of Stillwater and enter into a purchase agreement. All in favor. ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at Attest: Ltb~.(. d: LtD4d City Clerk 8 City Council Meeting No. 00-11 May 16,2000 Resolution 00-140: Payment of bills Resolution 00-141: Reapportionment of assessments for parcel No. 32.030.20.32.0038 Resolution 00-142: New tobacco license - Oak Glen LTD, Oak Glen Country Club Resolution 00-143: Employment of Tim Morse as summer intern to assist with city-wide trail plan and other special projects Resolution 00-144: Approving agreement and 3.2% on-sale liquor license for Music on the Waterfront June 21, 28 and July 5, 12 - City of Stillwater Chamber of Commerce Resolution 00-145: Vacation of easement - Timberlodge Steak House, Stillwater Marketplace 2nd and 3n1 Addition. Resolution 00-146: Temporary part-time employment of Billy Vonwald as Maintenance Worker I Resolution 00-147: Approving application for Forest Health Grant Resolution 00-148: Approving Contract with Johnson Controls for Companion System Repairs Resolution 00-149: Approving final plat of 2nd Phase Stillwater Crossing located at the northeast corner of 62nd Street North and CR 15, as conditioned. Pemtom Development, applicant. Case No. SUB-F/00-32. Resolution 00-150: Approving the amendment to the agreement with Imperial Parking for the administration of the downtown pay parking program. Resolution 00-151: Calling for a public hearing on June 20, 2000, on the proposed modification by the City for the Development District No.2 and of the Development Program for Development District No.2 and the Proposed modification of the Tax Increment Financing Plan for District No.8, all located within Development District No.2. Ordinance 895: Amending the Stillwater City Code by enacting provisions requiring criminal history and driver's license checks of applicants for employment and safety sensitive employees. Ordinance 896: Amending Chapter 48, Parks and Recreation, establishing the number of members and the duties of the Commission. 9