HomeMy WebLinkAbout2000-01-04 CC MIN
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 00-1
January 4, 2000
REGULAR MEETING
4:30 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Also present:
Bealka, Cummings, Thole, Zoller and Mayor Kimble.
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police ChiefDauffenbach
City Engineer Eckles
Fire Chief Kallestad
Building Official Zepper
City Clerk Weldon
Press:
Julie Kink, Courier
Mark Brouwer, Gazette
OTHER BUSINESS
I. Human Rights Commission - Update on Hate Crime Response Plan.
Sergeant Bruce Klosowsky, Stillwater Police Department, reported he has been working with the Stillwater
Human Rights Commission and other agencies in the drafting of the model project for bias/hate crimes and
incidences. The intent of the model is to be proactive by having an action plan in place should a hate crime
occur in Stillwater.
Louise Watson, Human Rights Commission, explained this model was co-developed with the Council on
Crime and Justice. The Commission feels the residents would be best served by having trained victim
intervention and advocacy services immediately available. The Council on Crime and Justice has
professional staff available 24-hours a day.
Cindy Peterson, Program Manager-Crime Victims Services, Council on Crime and Justice, explained the
model is victim focused. The Council on Crime and Justice is a community resource. It is their intention to
offer the same support to other cities that want to develop similar victim centered projects.
Louise Watson requested the City endorse the project. After endorsement, the Commission would begin the
educational aspect of the program.
City Attorney Magnuson explained the Hate Crime Response Plan earlier adopted by Council should first be
amended to include the provisions of the mode and returned to Council for approval at a later meeting.
Motion by Councilmember Thole, seconded by Councilmember Zoller approving the concept of the model
project for biaslhate crimes and incidences as presented by the Human Rights Commission. All in favor.
STAFF REPORTS
City Engineer Eckles reported the City has provided equipment and labor to neighboring communities and
private developers in the case of emergencies or when these parties need specialized equipment. The
City Council Meeting No. 2000-1
January 4, 2000
current rate of $85 per hour, including labor, is extremely low. He requested Council approve a revised rate
schedule of$150 per hour, plus labor, for the City Vactor truck, effective immediately. This would allow
the City to better recoup its actual costs.
Motion by Councilmember Thole, seconded by Councilmember Zoller approving a revised rate schedule of
$150 per hour, plus labor, for the City Vactor truck, effective immediately.
City Coordinator Kriesel explained the City share of costs for consulting work by Legislative Associates,
Inc., for the Middle River WMO, will be up to $600. (consent agenda item #12)
City Attorney Magnuson reported the lease with Max Todo Marine Services, Inc., requires marine insurance
coverage of the Cayuga. Because of the state of the hull and the subsequent sinking, insurance is very
expensive to obtain. Rob McGarry has been unable to obtain a quote on this sort of special risk. City
Attorney Magnuson and McGarry propose the City self-insure the Cayuga until its value increases enough
by reason of repairs that the insurance premium would make sense in relation to its value. A modification in
the lease agreement related to insurance would be necessary.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 2000-13 approving
modification of insurance coverage in the lease with Max Todo Marine Services, Inc.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
Clerk Weldon presented Council with a tentative meeting schedule for 2000. Regular meeting dates are the
first and third Tuesdays of each month. Three meeting dates will need to be rescheduled: March 7, Precinct
Caucus night (no meeting may be held after 6 p.m.); July 4, Holiday; and November 7, General Election (no
meeting may be held between 6-8 p.m
Motion by Councilmember Thole, seconded by Councilmember Bealka rescheduling the 2000 regular Council
meetings as follows: March 7, reschedule time to 4:30 p.m.- 6 p.m.; July 4, no meeting; November 7,
reschedule time to 4:30 p.m. - 6 p.m. and reconvene at 8 p.m. if needed. All in favor.
Recessed at 5:35 p.m.
RECESSED MEETING
7:00 P.M.
The meeting was called to order by Mayor Kimble.
Present:
Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Also present:
City Coordinator Kriesel
City Attorney Magnuson
Police Chief Dauffenbach
Community Development Director Russell
City Clerk Weldon
Press:
Mark Brouwer, Gazette
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City Council Meeting No. 2000-1
January 4, 2000
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Minutes of the
December 21, 1999, Regular Meeting and Executive Session. All in favor.
CONSENT AGENDA
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the Consent Agenda. All in
favor.
1. Resolution 2000-1: Directing Payment of Bills.
2. Commence process for establishing eligibility list for hiring - Police Department.
3. Commence process for hiring of Assistant Public Works Director.
4. Purchase of twenty-three self-contained breathing apparatus - Fire Department.
5. Resolution 2000-2: Addendum to recycling services agreement.
6. Resolution 2000-3: Renewal of gambling premises permit at Madcapper Saloon & Eatery - Stillwater Area
Hockey Assoc.
7. Resolution 2000-4: Purchase of CSO (animal control) vehicle - Police Dept.
8. Resolution 2000-5: Renewal of forestry consulting contract with Kathy Widin, Plant Health Associates.
9. Approving attendance of Craig Peterson at Northwestern Traffic Institute - Police Dept.
10. Resolution 2000-6: Reapportionment of special assessment for Parcel No.33.030.20.22.0006.
11. Resolution 2000-7: Reapportionment of special assessments for Parcel Nos. 28.030.20.14.0046;
28.030.20.14.0047; 28.030.20.14.0048; 28.030.20.14.0050; 28.030.20.14.0058; 28.030.20.14.004765.
12. Approving City's share offees for consulting work by Legislative Associates, Inc., for Middle River WMO.
13. Resolution 2000-8: Waiving waiting period for participation in Flexible Benefits program for Diane Ward.
14. Resolution 2000-9: Agreement with Bonestroo Rosene Anderlik & Assoc. for management plan for plant
community restoration and recreational use of Nature Preserve and adjacent area.
15. Resolution 2000-10: Excluding employees from vacation limits in Res. 99-106 relating toY2K issues.
16. Resolution 2000-11: Approving contract with Bailey Construction for construction of steel outbuilding.
17. Resolution 2000-12: Approving expenditures for environmental cleanup costs associated with Stillwater
Flood and Retaining Wall Project (Job. No. 9602).
PUBLIC HRARINGS
(Item No. I, Case ZAT/99-I, tree protection, taken at end of public hearing agenda)
2. This is the day and time for the public hearing to consider the proposed establishment of Development
District No.2, pursuant to Minnesota Statutes, Sections 469.124 to 469.134 and the establishment of
Tax Increment Financing District No.8 (a housing district) pursuant to Minnesota Statutes Sections
469.174 to 469.179, and the adoption of plans thereto. Notice of the hearing was published in the
Stillwater Gazette on December 21, 1999.
City Attorney Magnuson reported that because the Long Lake Villa Project qualifies as affordable housing,
the city is obligated to create a housing district.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public
hearing.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 2000-14
establishing Development of District No.2 and the adoption of a development program for Development
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City Council Meeting No. 2000-1
January 4, 2000
District No.2 and the establishment of the Tax Increment Financing Plan relating to Tax Increment Financing
District No.8, located within Development District No.2.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
3. Case No. SUB/99-50. This is the !lay and time for the public hearing to consider a minor subdivision
into two lots; Lot A = 12,132 squjrre feet and Lot B = 12,243 at 617 West Myrtle Street in the RB, Two
Family Residential District. Dan ~d Tom St. Claire, applicants. Notice of the hearing was published in
the Stillwater Gazette on December 23, 1999, and notices mailed to affected property owners.
Community Development Director Russell reported the applicants are proposing to subdivide a 24,375
square foot lot into two lots. The Planning Commission recommends approval with the following
conditions: I) City Engineer requires a turn-around drive at the end of the road be constructed before the
final plat is approved. An escrow account can be set up if weather does not permit construction; 2)
Approval of City Engineer, and 3) Legal survey to be recorded.
Mayor Kimble asked the applicants if they accepted the conditions. The applicant was in agreement.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public
hearing.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 2000-15
approving the minor subdivision of24,375 square foot lot into two lots (Lot A = 12,132 square feet and Lot B
= 12,243 square feet) at 617 West Myrtle Street in the RB, Two Family Residential District, as conditioned,
Dan and Tom St. Claire, applicants. Case SUB/99-50.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
4. Case No. ZAM/99-4. This is the day and time for the public hearing to consider a zoning map
amendment to rezone Lot 2, Block 3 and Lot 12 Block 3 in the Neal Meadows Addition from AP,
Agricultural Preservation to RA, Single Family Residential. Dan Thron and Mitchell T. McKenzie,
applicants. Notice of the hearing was published in the Stillwater Gazette on December 23, 1999, and
notices mailed to affected property owners.
Community Development Director Russell reported the request is to rezone two lots of 1.25 acres each
from the AP, Agricultural Preservation to RA, Single Family Residential. The designation is consistent with
the surrounding land use. Companion applications request the subdivision of each of the 1.25 acres into 3
lots, for a total of 6 lots.
This zoning amendment must be approved by the Council and the Joint City/Township Planning Board.
The Mayor opened the public hearing.
Ann McLellan, 2336 Eagle Ridge Trail, expressed opposition to further development. She was concerned
with the impact on swamps, lakes, and wildlife.
The Mayor closed the public hearing.
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City Council Meeting No. 2000-1
January 4, 2000
Motion by Councilmember Thole, seconded by Councilmember Cummings to have a first reading of
an ordinance amending the zoning map by rezoning Lot 2, Block 3 and Lot 12 Block 3 in the Neal Meadows
Addition from AP, Agricultural Preservation to RA, Single Family Residential. All in favor.
5. Case No. SUB/99-51. This is the day and time for the public hearing to consider a minor subdivision of
a 55,832 square foot lot into three lots; Lot A = 18,450 square feet; Lot B = 23,791 square feet and Lot
C = 13,591 square feet at 8260 Neal Avenue North in the AP, Agricultural Preservation District. Dan
Thron, applicant. Notice of the hearing was published in the Stillwater Gazette on December 23, 1999,
and notices mailed to affected property owners.
In his memo to Council, Community Development Director Russell reported the request meets the lot size
and dimension requirements of the RA district, if the zoning amendment is approved (ZAM/99-4). The
application will be reviewed for comment by the Joint City/Township Planning Board. The Planning
Commission recommends approval with the following conditions: 1) applicant shall pay in lieu park
dedication fee for two lots and trunk utility fees; 2) comments from City Engineer regarding easements,
grading and utilities shall be met before [mal plat approval; and 3) the owner shall show evidence that the
Creekside Crossing developer has an agreement to be compensated for the road and utility improvement
costs benefiting this property.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public
hearing.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 2000-16
approving the minor subdivision ofa 55,832 square foot lot into three lots (Lot A = 18,450 square feet; Lot B =
23,791 square feet and Lot C = 13,591 square feet) at 8260 Neal Avenue North in the AP, Agricultural
Preservation District, as conditioned. Dan Thron, applicant. Case SUB/99-51.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
6. Case No. SUB/99-52. This is the day and time for the public hearing to consider a minor subdivision of
a 55..413 square foot lot into three lots (Lot A = 22,443 square feet; Lot B = 16,035 square feet and Lot
C = 16,935 square feet) at 8220 Neal Avenue North in the AP, Agricultural Preservation District.
Mitchell T. McKenzie, applicant. Notice of the hearing was published in the Stillwater Gazette on
December 23, 1999, and notices mailed to affected property owners.
In a memo to Council, Community Development Director Russell reported the request meets the lot size and
dimension requirements of the RA district, if the zoning amendment is approved (ZAM/99-4). The
application will be reviewed for comment by the joint City/Township Planning Board. The Planning
Commission recommends approval with the following conditions: I) applicant shall pay in lieu park
dedication fee for two lots and trunk utility fees; 2) comments from City Engineer regarding easements,
grading and utilities shall be met before final plat approval; and 3) the owner shall show evidence that the
Creekside Crossing developer has an agreement to be compensated for the road and utility improvement
costs benefiting this property.
The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public
hearing.
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City Council Meeting No. 2000-1
January 4, 2000
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 2000-17
approving the minor subdivision of a 55.413 square foot lot into three lots (Lot A = 22,443 square feet; Lot B =
16,035 square feet and Lot C = 16,935 square feet) at'8220 Neal Avenue North in the AP, Agricultural
Preservation District. Mitchell T. McKenzie, applicant, Case. SUB/99-52.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
1. Case No. ZAT/99-1. This is the day and time for the public hearing to consider a Zoning Ordinance Text
amendment establishing tree protection regulations requiring licensing of commercial tree trimmers,
protecting trees, establishing standard tree replacement for removal of trees. City of Stillwater,
applicant. Notice of the hearing was published in the Stillwater Gazette on December 23,1999.
Community Development Director Russell summarized the background of the development of the proposed
tree ordinance. As a result of the Liberty/Legends expansion area development project impact on trees, a
citizen group interested in protecting trees approached Council. A task force was appointed and a
consulting forester hired to review the current standards and ordinance and revise as necessary. After a six-
month period of study, a draft ordinance was presented to the Planning Commission on February 8 and
March 8, 1999, at which time approval was recommended (4-1 vote). Council reviewed the draft at the
March 2 and June I, 1999, meetings, and directed staff to come back with an ordinance that has community
support and does not unreasonably limit individual property rights.
Community Development Director Russell stated the ordinance presented at this meeting attempts to reach
the balance of protecting trees and addressing the concerns expressed by owners of trees. As indicated by
the written comments received, it appears most concerns have been addressed.
The key provisions are as follows: I) applies to all areas of the City similarly; 2) only applies to projects that
require development permits; 3) thirty percent of significant trees can be removed on private lot
development without replacement; 4) subdivision improvement trees shall be replaced on a 10 per I acre
removal basis; 5) a tree replacement plan is required for major projects; 6) oak wilt management provisions
are added; 7) licensing is required for commercial tree trimmers; 8) tree removal in sensitive natural areas,
ravines, slopes greater then 24% and wetlands is regulated; 9) tree protection and planting standards are
added.
The Mayor opened the public hearing.
Don McKenzie, 12620 nod Street N., thanked Councilmember Bealka for his continued close following of
the issue. He referred to written comments he submitted to Council (included in packet) in which he
suggested numerous language changes to the ordinance. He also presented suggestions from others not able
to attend the meeting. He also recommended the requirement that a tree protection plan prepared by a
professional be submitted for all subdivisions and PUD's be amended to apply only to major subdivisions.
Angela Anderson, N. 4th Street, stated the ordinance is necessary to protect natural areas and provide a
method to assess and evaluate natural woodlands before development occurs. The protection of trees and
natural composition from construction impact is important to the community.
Leonard Huebscher, 12525 75th Street N., stated he was speaking as a property owner who has planted over
1000 trees. The 30% area limit of reducing the existing tree or crown cover is excessive control. He also
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City Council Meeting No. 2000-1
January 4, 2000
felt the portion of the definition of significant tree as alleast 6" in diameter should be changed to 8". He
also expressed concerns with slope requirements.
Edward Otis, 12070 887th Street Circle N., Stillwater Township, stated the ordinance is too narrow and
recognizes a limited use of trees. He referred to various uses of tree products. He further referred to
problems that can be created by trees, such as allergy problems and leaf cleanup issues. He stated he does
not see that there is any shortage of trees and that no ordinance is necessary.
Laurie Maher, 3018 Marine Circle, thanked the volunteers on the tree committee. She stated tree removal
would add to the silt in McKusick Lake. She referred to a comment from a Department of Natural
Resources employee that increased silt will destroy Brown's Creek. She urged Council to not budge from
the 30% removal limit and 6" diameter definition of significant tree.
Leah Peterson, 7160 Mid Oaks Lane, stated she reiterated the comments of Ms. Maher. The work of
committees and residents doing plantings makes it better for all to live here.
Kathy Widen, City forestry consultant, explained that a significant part of her work is determining why trees
have died. Often it happens 3-6 years after damage to the tree during a construction project. The tree
standards have been developed to provide information to residents and assist them with minimizing damage.
The current draft is more reasonable, workable, and enforceable. She urged Council keep the 30% removal
threshold. She stated the 6" measurement is currently the standard in the City Code.
Hodge VanTassel, 13093 McKusick Lake Road, stated homeowners have done a fantastic job. There are
more trees now than ever before. The current ordinance is ample. Individual property rights are not being
considered.
The Mayor closed the public hearing.
Motion by Councilmember Thole, seconded by Councilmember Bealka to amend the draft tree protection
ordinance by changing 30% removal threshold to 35% and definition of diameter of significant tree from at
least 6" to 7". 2-3 KimblelBealkalThole - nay
Motion by Councilmember Thole, seconded by Councilmember Zoller to have a first reading of ordinance
amending the zoning ordinance by establishing tree protection regulations, and amending by changing the 30%
removal threshold to 35% and changing the language related to the requirement to have tree protection plans
prepared by a professional for all subdivisions to apply to only major subdivisions. 4-1 (Bealka nay)
Recessed at 9:05 p.m. and reconvened at 9:30 p.m.
UNFINISHED BUSINESS
1. Possible second reading of Ordinance No. 886 amending solid waste collection fees (first reading Dec.
21,1999)
City Coordinator Kriesel reported fees for solid waste collection have changed, effective January 1,2000,
based on the amended agreement with Waste Management, Inc.
Motion by Councilmember Thole, seconded by Councilmember Bealka to have a second reading of Ordinance
No. 886 amending the solid waste collection fees.
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City Council Meeting No. 2000-1
January 4, 2000
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
NEW BUSINESS
I. Possible appointments to Boards and Commissions.
Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 2000-18 re-
appointing Richard Chilson, Kara Johnspn, and Cindy Gellerman to the Downtown Parking Commission; re-
appointing Roger Tomten and appointing Beth Diem to the Heritage Preservation Commission; appointing Gary
Talbot as primary representative of the 10int Cable Commission and Gene Bealka as alternate (unexpired term
of Talbot); re-appointing Jerry Fontaine and Glenna Bealka and appointing David Middleton to the Planning
Commission; and re-appointing Mike POlehna, Alan Liehr, Dawn Flinn, Robert McGarry, III, and David G.
Junker and appointing Wally Milbrandt to the Parks and Recreation Board; and reappointing Nick Gorski and
appointing Richard Hodsdon and Mary Lou Rice Gorski to the Library Board.
Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays: None.
COMMUNICA TIONSIREOUESTS
I. Letter from Washington County Historical Society - Laurel Street Steps.
A letter was received from Nancy Goodman, WCHS Board President, requesting the Laurel Street steps
from Main Street to the top of the hill near the Warden's House Museum be removed. The Board considers
the steps to be in poor condition and a hazard to the public. The steps were not original to the Warden's
House and their removal would not historically deter from the museum.
Motion by Councilmember Thole, secol1ded by Councilmember Cummings to refer the request of Washington
County Historical Society for the removal of the Laurel Street steps from Main street to the top of the hill near
the Warden's House Museum to stafTfor review and recommendation. All in favor.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Cummings to adjourn at 9:29 p.m. All in
favor.
~#
Attest~q~
, , ng City Clerk
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City Council Meeting No. 2000-1
January 4, 2000
Resolution 2000-1: Directing Payment of Bills.
Resolution 2000-2: Addendum to recycling services agreement
Resolution 2000-3: Renewal of gambling premises permit at Madcapper Saloon & Eatery - Stillwater Area
Hockey Assoc.
Resolution 2000-4: Purchase ofCSO (animal control) vehicle - Police Dept.
Resolution 2000-5: Renewal offorestry consulting contract with Kathy Widin, Plant Health Associates
Resolution 2000-6: Reapportionment of special assessment for Parcel No.33.030.20.22.0006
Resolution 2000-7: Reapportionment of special assessments for Parcel Nos. 28.030.20.14.0046;
Resolution 2000-8: Waiving waiting period for participation in Flexible Benefits program for Diane Ward
Resolution 2000-9: Agreement with Bonestroo Rosene Anderlik & Assoc. for management plan for plant
community restoration and recreational use of Nature Preserve and adjacent area
Resolution 2000-10: Excluding employees from vacation limits in Res. 99-106 relating toY2K issues
Resolution 2000-11: Approving contract with Bailey Construction for construction of steel outbuilding
Resolution 2000-12: Approving expenditures for environmental cleanup costs associated with Stillwater Flood
and Retaining Wall Project (Job. No. 9602)
Resolution 2000-13: approving modification of insurance coverage in the lease with Max Todo Marine
Services, Inc.
Resolution 2000-14: establishing Development of District No.2 and the adoption ofa development program
for Development District No.2 and the establishment of the Tax Increment Financing Plan relating to Tax
Increment Financing District No.8, located within Development District No.2.
Resolution 2000-15: approving the minor subdivision of 24,375 square foot lot into two lots (Lot A = 12,132
square feet and Lot B = 12,243 square feet) at 617 West Myrtle Street in the RB, Two Family Residential
District, as conditioned, Dan and Tom St. Claire, applicants. Case SUB/99-50.
Resolution 2000-16: approving the minor subdivision ofa 55,832 square foot lot into three lots (Lot A =
18,450 square feet; Lot B = 23,791 square feet and Lot C = 13,591 square feet) at 8260 Neal Avenue North in
the AP, Agricultural Preservation District, as conditioned. Dan Thron, applicant. Case SUB/99-51.
Resolution 2000-17: approving the minor subdivision of a 55.413 square foot lot into three lots (Lot A =
22,443 square feet; Lot B = 16,035 square feet and Lot C = 16,935 square feet) at 8220 Neal Avenue North in
the AP, Agricultural Preservation District. Mitchell T. McKenzie, applicant, Case. SUB/99-52.
Resolution 2000-18: re-appointing Richard Chilson, Kara Johnson, and Cindy Gellerman to the Downtown
Parking Commission; re-appointing Roger Tomten and appointing Beth Diem to the Heritage Preservation
Commission; appointing Gary Talbot as primary representative of the Joint Cable Commission and Gene
Bealka as alternate (unexpired term of Talbot); re-appointing Jerry Fontaine and Glenna Bealka and appointing
David Middleton to the Planning Commission; and re-appointing Mike Polehna, Alan Liehr, Dawn Flinn,
Robert McGarry, ill, and David G. Junker and appointing Wally Milbrandt to the Parks and Recreation Board;
and reappointing Nick Gorski and appointing Richard Hodsdon and Mary Lou Rice Gorski to the Library
Board.
Ordinance No. 886 amending the solid waste collection fees.
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