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HomeMy WebLinkAbout2000-03-21 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 00-7 March 21, 2000 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble Present: Absent: Also present: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole City Administrator Kriesel City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Engineer Eckles City Clerk Weldon Press: Julie Kink, Courier John Klun, Gazette APPROVAL OF MINUTES Motion by Councilmember Zoller, seconded by Councilmember Bealka to approve the minutes of February 29, 2000, Executive Session and Special meeting; March 7, 2000 Regular Meeting and Executive Session. All in favor. OPEN FORUM Homer Tompkins, Contractor Property Developers Co., developer of Liberty on the Lake, requested Council consider the approval of the final plat for Liberty on the Lake at the April 4 meeting. Some conditions of approval have not yet been met, but he would like to bring it to Council at the next meeting. Community Development Director Russell explained some conditions have not been met, and staff is working with the developer to resolve the issues. If they are not resolved by April 4, Council can still consider the plat approval. City Attorney Magnuson reported a condition of approval of the preliminary plat was that the trail would be for pedestrians and bikes. The property owners objected to this condition and prohibited bikes from the paths on the utility easements as a condition of granting the easements to the City. The final plat approval requires bikes be allowed on the trail. Council can change the path use at its discretion. Motion by Councilmember Cummings seconded by Councilmember Zoller directing staff to place the final plat approval of Liberty on the Lake on the April 4, 2000 agenda. All in favor. STAFF REPORTS Community Development Director Russell reported a meeting of the Joint Board will be held on April 18, 2000 at 4:30 p.m. City Engineer Eckles reported staff is continuing to work on the following issues: Deer Path traffic calming, guard rail on Boutwell, and drainage issues at Mallard Court. In addition, a neighborhood meeting will be held at the end of April to discuss the McKusick/Mulberry Ravine project. City Council Meeting No. 00-7 March 21, 2000 CONSENT AGENDA Motion by Councilmember Zoller, seconded by Councilmember Cummings to approve the Consent Agenda. All in favor. I. Resolution 2000-94: Directing payment of bills 2. Resolution 2000-95: Adopting policy for physical training room 3. Resolution 2000-96: Directing publication of Ordinance 890 by title and summary 4. Approving request by Hope House to close a portion of North Everett Street on 5/13/00 for annual fundraising auction 5. Resolution 2000-97: Adopting recommendation of Fire Chieffor variance to sprinkling requirements at St. Michael's Church 6. Approving transfer of $770.48 from General Fund to Special Events Fund 7. Resolution 2000-98: Accepting Grant and Approving Agreement between the City of Stillwater and The State of Minnesota for the Juvenile Accountability Incentive Block Grant PUBLIC HEARINGS 1. This is the day and time for the public hearing to consider the proposed enlargement of the geographic area of Development District No. I; the proposed enlargement of the geographic area of Tax Increment Financing District No.7 within Development District No. I; and the adoption of the Tax Increment Financing Plan relating thereto. Notice of the hearing was published in the Stillwater Gazette on March 8, 2000, and notices mailed to affected property owners. City Attorney Magnuson reported the enlargement is needed in order to capture tax increment from the development of the territorial prison site. In this way, City improvements to the site would be paid by the developers rather than adjoining property owners. A request for comments was made to Washington County and Independent School District 834. A response was received from Jim Shug, Washington County, stating the enlargement had no impact on the County infrastructure. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution 2000-99 approving the enlargement of Development District No. I and the enlargement of Tax Increment Financing District No.7 and the adoption of the tax increment plan relating thereto, located within Development District No.1. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole 2. Case No. SUB/99-53. This is the day and time for the public hearing to consider a request from Kellison Company for a minor subdivision into two lots; Lot A = 28,957 square feet; Lot B = 33,486 square feet at 2510 Curve Crest Blvd in the BP-C, Business Park Commercial District. Notice of the hearing was published in the Stillwater Gazette on March 15,2000, and notices mailed to affected property owners. 2 City Council Meeting No. 00-7 March 21, 2000 Community Development Director'Russell reported the request is to subdivide an existing lot containing St. Croix Bike & Skate and Kennedy Transmission into two lots. Each business would own a lot. Reciprocal access and maintenance agreements provide for shared access and maintenance of the property. The agreements have been reviewed by the City Attorney. The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Bealka, seconded by Councilmember Cummings to adopt Resolution 2000-100 approving the subdivision of property located at 2510 Curve Crest Boulevard, Case No. SUB/99-53. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole UNFINISHED BUSINESS I. Authorizing the application for the Lowell Park Improvement Outdoor Recreation Grant. Community Development Director Russell requested authorization to apply for a grant for Lowell Park improvements through the Outdoor Recreation Grant Programs. The proposed improvements would include trails, performance area, picnic area, children's play area, restroom, lighting and landscaping. Council questioned if the City would be locked into constructing all improvements listed in the grant application if the grant were awarded. Ifpriorities in park use changed, could the money be used for a different improvement within the park. Council directed Community Development Director Russell to contact the State of Minnesota for clarification. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 2000-101 approving the application for Outdoor Recreation Grant Program for Lowell Park improvements. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole 2. Possible second reading of Tree Ordinance. Community Development Director Russell reported the revised tree ordinance, as approved by Council on January 4, 2000, was reviewed by the Joint Board on February 7, 2000. Minor changes were made and are included in the ordinance presented to Council for approval at this meeting. City Attorney Magnuson reported a correction needs to be made to Section 6 (b), Tree Replacement. The 30% should be changed to 35% to be consistent with the previous sentence. Council concurred. Motion by Councilmember Bealka, seconded by Councilmember Cummings amending maximum removal limit from 35% to 40%. 1-3 (Kimble, Cummings, Zoller - nay) (Thole - absent) Motion Failed. 3 City Council Meeting No. 00-7 March 21, 2000 Motion by Councilmember Cummings, seconded by Councilmember Zoller to have a second reading of Ordinance 891 amending the City Code by Adding Chapter 31, Section 31-5, Sub. 3, relating to Tree Protection. Ayes: Nays: Absent: Councilmembers Cummings, Zoller and Mayor Kimble Councilmember Bealka Councilmember Thole 3. Zoning Amendment limiting garage size to 1,000 square feet in the Traditional Residential and Lakeshore Residential District. Community Development Director Russell reported the Lakeshore (LR) and Traditional Residential (TR) zoning regulations do not include a maximum garage size. Single Family Residential (RA) regulations limits the garage size to 1000 square feet. The zoning amendment would apply the 1000 square foot standard to both the TR and LR zoning districts. The Planning Commission recommends approval. Motion by Councilmember Cummings, seconded by Councilmember Zoller to have a first reading of an ordinance limiting the size of garages in the Lakeshore, LR, and Traditional Residential, TR, Districts. All in favor. 4. Annexation request for 14 acre site located between Boutwell and County Road 12 in the Phase IV Annexation Area, Bruggeman Homes, applicant. Community Development Director Russell reported the request was first heard at the January 18, 2000, Council meeting and referred to the Joint Board for review and comment. At their February 17 meeting, the Joint Board recommended the City give reasonable consideration of Phase IV requests. Mr. Russell stated staff has no time to either do the study required or oversee outside consultants. Staff recommends Council defer the request until Phase D is complete. City Administrator Kriesel supported the staff recommendation, noting the significant amount of work required by staff before a subdivision request comes before Council. Mayor Kimble requested the improvements in the area of Boutwell Road be addressed as part of Phase II. Motion by Councilmember Zoller, seconded by Councilmember Cummings to delay the consideration ofa request by Bruggeman Homes for the annexation of a 14 acre site located between Boutwell and County Road 12 in the Phase N Annexation Area until 2001. All in favor. NEW BUSINESS 1. Request for tobacco license for Stillwater Smoke Shop, Inc., 2040 Market Drive. Raed Yassin Wazwaz, Stillwater Smoke Shop, Inc., has entered into an agreement with Zaid Wazwaz, Kundara Inc., for the purchase of Stillwater Tobacco, located at 2040 Market Drive. He is requesting the transfer of the tobacco license currently held for that location. 4 City Council Meeting No. 00-7 March 21, 2000 Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 2000-102 approving the transfer of a license to sell tobacco at retail from Kundara, Inc., dba Stillwater Tobacco, to Stillwater Smoke Shop, Inc., at 2040 Market Drive. Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole 2. Discussion of future street improvements. a. Report on North Hill improvements b. Report on Forest Hills c. Accepting feasibility report for Maple and Laurel Street improvements Civil Engineer Sanders requested Council determine whether or not to begin the feasibility study for utilities in the North Hill area. This area includes properties north and east of Stillwater Country Club to the St. Croix River. The project is of such a magnitude that it would take two to three years for construction. The Environmental Services of the Metropolitan Council has informed the City has expressed concerns regarding failed septic systems and contaminated wells in the area. Mr. Sanders also reported a survey was sent to the residents of the Forest Hills neighborhood for input on proposed improvements. Sixty-two of the seventy-eight affected residents responded. Results were as follows: Support total reconstruction 29 Support partial reconstruction 17 Do not support project 18 If Council does not order the North Hill project, staff recommends proceeding with the total reconstruction project. In addition, Mr. Sanders presented the feasibility report for the improvement of Laurel and Maple Streets between Owens and North Fourth Street, Project 200006. He recommended accepting the report but not holding a hearing. The report showed the streets are not in need of immediate reconstruction. They could possibly last another five years before a project is warranted. Discussion followed. The North Hill project has been under consideration for fifteen years. Councilmember Zoller questioned if there was a way to gauge the support of North Hill residents. Mr. Russell stated the residents contacting his office do not question if the project will occur, only when it will begin. Mr. Kriesel recommended doing a feasibility study on the North Hill project. Mr. Eckles stated the project could be done in phases. Council determined the Maple and Laurel Street project and Forest Hills project should be delayed. Updated reports will need to be prepared and accepted at the time these projects move forward. Staff should proceed with the North Hill project at this time. Motion by Councilmember Bealka, seconded by Councilmember Zoller to adopt Resolution 2000-103 ordering a feasibility study for the North Hill project. 5 City Council Meeting No. 00-7 March 21, 2000 Ayes: Nays: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble None Councilmember Thole COMMUNlCATIONSIREOUESTS I. Request to hold sidewalk sales - City of Stillwater Chamber of Commerce. Motion by Councilmember Bealka, seconded by Councilmember Zoller approving the request of the City of Stillwater Chamber of Commerce to hold three sidewalk sales, contingent upon meeting public safety requirements as determined by Police and Fire Chiefs. All in favor. COUNCIL REOUEST ITEMS Councilmember Bealka questioned if there are any plans for restroom facilities at Highland Park. City Engineer Eckles stated it has been discussed. However, permanent facilities are expensive and prone to vandalism. Neighborhood parks are usually not served with permanent restroom facilities. Councilmember Bealka also requested signs be posted in parks and pathways regarding the requirement of owners to remove dog waste. City Administrator Kriesel informed Council signs have already been ordered. Councilmember Bealka requested the discussion of trail use at Liberty on the Lake be postponed from April 4 to April 18. He will be unable to attend the April 4 meeting. Mayor Kimble reminded Councilmember Bealka the April 4 date was approved by Council earlier in the meeting. The developer was present at the time of the vote. In fairness to the developer, any request for another date should have been made at that time. Motion by Council member Bealka to request to table the April 4 consideration of final plat approval and trail use at Liberty on the Lake to April 18. Motion died for lack of second. STAFF REPORTS (continued) Community Development Director Russell reported the Minnesota Wild has not yet made a decision on the location of their practice facility. A Board meeting will be held on Wednesday, March 22. Mr. Russell also reported John Lange has informed him the development of the territorial prison site is on schedule. He will report back in the next couple of weeks. ADJOURNMENT Motion by Councilmember Cummings, seconded by Councilmember Bealka to adjourn at 8:55 p.m. All in favor. ~4' Attest: ----PJ~ L< ~ I J_ City Clerk 6 City Council Meeting No. 00-7 March 21, 2000 Resolution 2000-94: Directing payment of bills Resolution 2000-95: Adopting policy for physical training room Resolution 2000-96: Directing publication of Ordinance 890 by title and summary Resolution 2000-97: Adopting recommendation of Fire Chief for variance to sprinkling requirements at St. Michael's Church Resolution 2000-98: Accepting Grant and Approving Agreement between the City of Stillwater and The State of Minnesota for the Juvenile Accountability Incentive Block Grant Resolution 2000-99: Approving enlargement of Development District No. I and the enlargement of Tax Increment Financing District No.7 and the adoption of the tax increment plan relating thereto, located within Development District No. l. Resolution 2000-100: Approving subdivision of property located at 2510 Curve Crest Boulevard, Case No. SUB/99-53. Resolution 2000-101: Approving application for Outdoor Recreation Grant Program for Lowell Park improvements. Resolution 2000-102: Approving the transfer ofa license to sell tobacco at retail from Kundara, Inc., dba Stillwater Tobacco, to Stillwater Smoke Shop, Inc., at 2040 Market Drive. Resolution 2000-103: Ordering a feasibility study for the North Hill project. Ordinance 891: Amending the City Code by Adding Chapter 31, Section 31-5, Sub. 3, relating to Tree Protection. 7