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HomeMy WebLinkAbout1998-08-04 CC MIN . r CITY OF STILLWATER CITY COUNCIL MEETING NO. 98-17 August 4,1998 REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble. Present: Absent: Councilmember Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole Also Present: Fire Chief Kallestad City Attorney Magnuson Community Development Director Russell City Clerk Weldon City Engineer Eckles Building Official Zepper Police Chief Dauffenbach Park Director Thomsen Press: Julie Kink, Courier ('\ STAFF REPORTS Police Chief Dauffenbach reported that on August 15th the Stillwater City Chamber of Commerce will be holding a celebration on Curve Crest A venue and are requesting on street parking during the event. The businesses in the area will be planning special events on their property and using their parking lots for setting up tents. Anderson Windows has granted the use of their parking lot for the event. A request was also made by Schoonovers to place a large balloon on top of their building for the day. The Police Department will be participating in this event by fingerprinting children at the Stillwater Medical Group. The Chamber has requested approval to allow parking along Curve Crest and Washington A venue. Parking on the streets in this area is legal, however, it is striped for four-lane traffic. He recommended approval if they "cone off" the areas in which will be used for parking. Motion by Councilmember Bealka, seconded by Councilmember Cummings approving parking along Curve Crest and Washington Avenue for Curve Crest Fest, August IS, 1998, and approving the request to place a large balloon on the roof of the Schoonover building for the day. All in favor. Community Development Director Russell informed Council a 62nd Street North Alternative Plan meeting will be held at City Hall on Thursday, August 13th. o City Council Meeting 98-17 August 4, 1998 {' City Clerk Weldon requested Council set the date and time for the canvass of returns for the 1998 Primary and General Elections. Motion by Councilmember Zoller, seconded by Councilmember Cummings setting a date for the canvass ofretums for the 1998 Primary Election on Wednesday, September 16th at 7:30 a.m. and canvass ofretums for the 1998 General Election for Wednesday, November 4th at 7:30 a.m. at City Hall. All in favor. Building Official Zepper informed Council he concurred with the recommendation of the City Engineer regarding the need for a moratorium on new construction on the North Hill. lbis item will be discussed as Unfinished Business, Item No.3, later in the meeting. Adjourned to Executive Session at 5: I 0 p.m. to discuss condemnation proceedings. Mayor Attest: City Clerk ~. CITY OF STILLWATER CITY COUNCIL MEETING NO, 98-17 August 4, 1998 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 Engineer Eckles City Attorney Magnuson Community Development Director Russell City Clerk Weldon Police Chief Dauffenbach Planning Chair Fontaine Press: Julie Kink, Courier Mark Brouwer, Stillwater Evening Gazette Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the Minutes of the July 21, 1998, Regular Meeting. All in favor. (\. 2 r r ~, City Council Meeting 98-17 August 4, 1998 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 98-202 commending Paul Glaser for over thirty-five years of service to the City. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None Mayor Kimble presented Paul Glaser with a Certificate of Appreciation and plaque for over thirty-five years of service to the City of Stillwater. OPEN FORUM Jim Huntsman, 416 S. Fourth Street, requested information regarding his petition for annexation. He stated he had never received a written response and questioned when the property could brought be into the City. Mayor Kimble stated that a written response would usually be the process, but Mr. Hunstman had attended the public hearing on April 6, 1993, at which time the matter was discussed. City Attorney Magnuson stated there are additional restrictions on the annexation process included in the Joint Powers area. City Attorney Magnuson will meet with Mr. Huntsman and report back to Council at the August 18 meeting. CONSENT AGENDA Motion by Councilmember Thole, seconded by Councilmember Bea1ka approving the Consent Agenda. All in favor. 1. Resolution 98-193: Directing Payment of Bills 2. Resolution 98-194: Appointing election judges for 1998 Primary and General Election 3. Temporary on-sale liquor license, Valley Chamber Chorale, Dec. 11-13, 1998, and April 23-25, 1999, at Washington Co. Historic Courthouse 4. Resolution 98- 195: Contract with Century College for Law Enforcement training program 5. Resolution 98-196: Employment of Steve Mandell as temporary seasonal worker 6. Resolution 98-197: Promotion of Leeland (Ken) Gilliam, Robert Kroening, and James Swanson to Firefighter/Engineer Part-time, effective Aug. I, 1998 7. Attendance at the International Association of Fire Chiefs Conference, Sept 9-14 _ K. Kallestad 8. Attendance at the National Parks and Grounds Conference, Oct 25-28 - T. Thomsen 9. Contractor Licenses: Palmer West Construction Co., Inc., Rogers, MN; Miller Excavating, Inc., Stillwater, MN; Arrow Sign Co., Ham Lake, MN; St. Croix Tree Service, Roberts, WI; Aautomated Pool and Patio, Oakdale, MN lO. Resolution 98-198: Approving Cooperative Purchasing Agreement with the State of Minnesota, Department of Administration for State Contracts. 11. Resolution 98-199: Temporary Employment of Anton Friant as lifeguard. 12. Resolution 98-200: Agreement with Coca-Cola Enterprises, Inc. for beverage services at sports center 3 r r r City Council Meeting 98-17 August 4,1998 13. Resolution 98-201: Contract with Gilbert Jansen for boiler maintenance services at City Hall and Stillwater Public Library. PUBLIC HEARINGS 1. Case No. V/98-45. lbis is the day and time for the public hearing to consider an appeal from the Planning Commission for a request from John A. Prosser for a variance request to the front yard setback (20 ft. required, 6 ft. requested) for the construction of first and second floor decks at 906 5th A venue South in the RB Two Family Residential District. Notice of the hearing was published in the Stillwater Gazette on July 24, 1998, and notices mailed to affected property owners. Community Development Director Russell reported that the Planning Commission denied the request from John Prosser at their July 13, 1998 meeting with a vote of 6-0. The request is for a variance to the front yard setback for a first and second floor deck. Future plans are to add an attached garage to the west side of the house. Site restrictions and a steep slope to the north mean that the driveway would have to be along the side of the house. David and Julie Hartung, 910 South Fifth Avenue, have submitted a statement in opposition to the request primarily because of the view impact to their property. Gerald Fontaine explained the Planning Commission determined a lower deck could be built, with some modifications, without a variance. They did feel the upper deck impacted the view from the Hartung property. It would also be possible to build an upper deck on the north side of the property. It was determined there was no hardship and therefore no basis for granting a variance. The Mayor opened the public hearing. James Lammers, representing Mr. Prosser, presented their request for the variance. He stated it was not feasible to build a deck on the north side. The proposed upper deck would have one deck support and would not block the view. In addition, the Hudson road topography was too steep for access. The neighboring properties have closer setbacks; Mr. Prosser is not asking for special privileges. To deny the variance would be to deprive him of rights neighbors currently enjoy. Karl Ranum, representing David and Julie Hartung, stated no hardship existed. The Council should have no option but to uphold the denial of variance by the Planning Commission. Mr. Hartung stated they have enjoyed a view of the river for twenty years. He asked to correct Mr. Lammer's statement that high shrubs blocked their view until the time Mr. Prosser removed them. Mr. Hartung stated the shrubs had always been maintained and trimmed to a level to provide a river view. They were not maintained for a short period after the house sold and before Mr. Prosser took possession of the property, thus allowing them to grow to a level that may have given Mr. Prosser the mistaken impression the shrubs had been that tall for an extended period. The Mayor closed the public hearing. 4 City Council Meeting 98-17 August 4, 1998 (\ Motion by Councilmember Thole, seconded by Councilmember Bealka directing staff to prepare extemporaneous findings for the approval of the variance for a first floor deck and denial of a variance for a second floor deck at 906 5th Ave. S. and present findings at the August 18, 1998, meeting. All in favor. 2. Case No. SUB/98-40. lbis is the day and time for the public hearing to consider a request from Lloyd I. Zieske for a resubdivision of 1412 West Olive Street (three lots) into two lots of 10,350 and 8,050 square feet (10,000 square feet required) in the RA, Single Family Residential District. Notice of the hearing was published in the Stillwater Gazette on July 24, 1998, and notices mailed to affected property owners. A memo from Community Development Director Russell explained the request is to create two lots, one on Ramsey street and one on Olive Street. An existing house is located at 1412 Olive Street. The new Ramsey Street lot contains 10,350 square feet (10,000 square feet rninimwn lot area in the RA District). Staff recommends approval of the resubdivision on the condition that drainage easements shall be recorded along the property lines as required by the City Engineer. 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 Thole, adopting Resolution 98- 203 approving the resubdivision of 1412 W. Olive Street (three lots) into two lots of 10,350 and r- 8,050 square feet in the RA, Single Family Residential District. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Case No. SUB/98-48. lbis is the day and time for the public hearing to consider a request from Folz, Freeman, Dupay and Associates, representing JoAnn Montbriand and Teresa Maslowski, for a resubdivision of Lots 14, 16 and 18, Block 2, Greeley and Slaughter's Addition into two lots of 7,989 and 10,164 square feet at 211 North Owens Street in the RB, Two Family Residential District (7,500 square foot minimwn). Notice of the hearing was published in the Stillwater Gazette on July 24, 1998, and notices mailed to affected property owners. Community Development Director Russell reported that the request is for approval to resubdivide three lots into two lots. Lot 1 at 211 North Street would be 10,164 square feet and would include the existing house and garage. Lot 2 will be 7,989 square feet (7,500 square feet is the rninimwn lot size allowed by the zoning ordinance in the RB District). Staff recommends approval on the condition that it is reviewed and approved by the City Engineer. The Mayor opened the public hearing. {\ 5 o r r City Council Meeting 98-17 August 4, 1998 David Newburg, representing the applicants, stated he was present only to be available should Council have questions. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Bealka, to adopt Resolution 98- 204 approving the resubdivision of Lots 14, 16 and 18, Block 2, Greeley and Slaughter's Addition into two lots in the RB, Two Family Residential District. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Case No. ZAM/98-6. lbis is the day and time for the public hearing to consider a request from Trail Head Development for the rezoning of Outlots A & C, Neal Meadows (20 acres) located west of Neal Avenue and north of Boutwell Road, from AG, Agricultural Preservation to RA, Single Family (10,000 square foot minimum). Notice of the hearing was published in the Stillwater Gazette on July 24, 1998, and notices mailed to affected property owners. Community Development Director Russell reported that this is part of the recently annexed area. The single family use is consistent with the residential character of the area and the comprehensive plan. lbis rezoning is accompanied by a 19 lot subdivision request SUB/98-39. 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 have the first reading of an ordinance amending the zoning map by rezoning Outlots A & C, Neal Meadows (20 acres) located west of Neal Avenue and north of Boutwell Road, from AG, Agricultural Preservation to RA, Single Family (10,000 square foot minimum). Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None. 5. Case No. SUB/98-39. lbis is the day and time for the public hearing to consider a request from Trail Head Development for a 19-10t, single family subdivision of Outlot A & C, Neal Meadows located west of Neal Avenue and north of Boutwell Road in the AG, Agricultural Preservation District (proposed RA). Notice of the hearing was published in the Stillwater Gazette on July 24, 1998, and notices rnailed to affected property owners. Community Development Director Russell reported that this is also a part of the newly annexed area and the rezoning request ZAM/98-6. lbis request is to subdivide the 20 acre site into 19 lots and a 3.45 acre outlot. This request has been approved by both the Planning Commission and the Joint Stillwater Town/City Board with the conditions of approval. 6 (\ r r City Council Meeting 98-17 August 4, 1998 These conditions include a five foot sidewalk along all streets, a site landscape plan, a nature pathway, a gradinglerosion control plan, and a utility plan. Lots 7 & 8 must meet the 50 foot setback, a site drainage plan, and a restrictive covenant shall be recorded and a natural buffer signed. The Park Board reviewed the park dedication aspect of the project. The subdivision proposes a .53 acre park and open space/conservation/trail easement. The park dedication requirement is 9% NET developable land or just over I acre. A 25 % credit for open space dedication can be given. However, the Park Board did not accept the parks proposal. Staffhas met with the developers since the July 27 Parks Board meeting to look at a way of maintaining the proposed subdivision design and increasing the parks and trailway dedication. Two options are being presented for Council consideration, Options A and B. Option A is similar in design to the subdivision approved by Planning Commission and Joint Board, but has increased park dedication. Option B is a new subdivision design that provides the required 1.13 acres. However, the design makes the development of Neal A venue lots difficult and the location is not central or a focal point and attribute to the neighborhood. Staff, after reviewing the options with Council Park Board representative Councilman Cummings, recommends Option A with the following additions: I) developer shall improve the recreation trail to the extent of trail dedication requirements ($4,275); 2) shall provide a 20-foot recreation trail easement between Lots 1 and 2; an 8-foot recreation trail shall be constructed along Summerfield Crossing from Boutwell to the north property boundary; and 4) any developer-provided neighborhood park improvements shall be coordinated with the Parks Board. The Mayor opened the public hearing. Jim Peterson, project manager for Trailhead Development, expressed concern that the park dedication required was generous to excessive. He requested Council consider removing the requirements to construct improvements that can't be used at this time, Le., trails that dead-end. The Mayor closed the public hearing. Motion by Councilmember Cummings, seconded by Councilmember Thole, to adopt Resolution 98-205 approving the 19-1ot, single family subdivision in the AG, Agricultural Preservation District (proposed RA) of Neal Meadows Outlot A & C, with Park Dedication Option A, to include staff recommended additions. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None UNFINISHED BUSINESS I. Update and naming of new ice arena/sports complex. 7 ('. (\ {\ City Council Meeting 98-17 August 4, 1998 Councilmember Thole stated he was in favor of a name using the fewest syllables. "Valley" is commonly used to refer to the St. Croix Valley. It would still refer to the area but the name would be shorter. Motion by Councilmemer Thole, seconded by Councilmember Bea1ka naming the ice arena/sports complex the "Valley Sports Center". Councilmember Cummings reported the Park and Recreation Board met July 27th and recommended the facility be named St. Croix Valley Recreation Center. He noted a memo from City Coordinator Kriesel stated the words "St. Croix" were used in the majority of the discussions, correspondence, and solicitations for funds. Also, recreation denotes a place where non-organized sports-related activities (walking, running, free skating, etc.) could take place as well as the organized sports activities such as hockey and soccer. Motion amended by Councilmernber Thole and Councilmember Bealka to Valley Recreation Center. 2-3 (Kimble, Zoller, Thole nay) Motion defeated. Councilmember Zoller felt the name should be more specific; there are a lot of "valley's", i.e., Apple Valley. Councilmember Bealka felt the City had "walked the extra mile" in the development and COnstruction of the complex; it should be named Stillwater Recreation Center rather than Valley Recreation Center. Motion by Councilmember Cummings, seconded by Councilmember Thole naming the ice arena/sports facility the "St. Croix Valley Recreation Center". 4-1 (Bealka nay) Mayor Kimble referred to a memo from Community Development Director Russell requesting a change order for signage that includes an individual letter sign on the blank wall to the right entry and a freestanding electronic reader board to announce facility events and activities. The reader board will be located on the Market Drive/Orleans corner. Motion by Councilmember Bealka, seconded by Councilmember Thole to adopt Resolution 98-206 approving the change order for signage at the St. Croix Valley Recreation Center. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 2. Approving Findings of Fact justifying establishing moratorium on new construction on North Hill. At the July 21, 1998, meeting, Council directed City Attorney Magnuson to prepare Findings of Fact justifying establishing a moratorium on new construction on the North Hill. City Engineer Eckles had requested the moratorium to allow for the completion of a feasibility study or master plan for development on the North Hill. 8 r , (' '" \ City Council Meeting 98-17 August 4, 1998 City Attorney Magnuson presented the Findings which stated the North Hill has no sanitary sewer or water facilities and the storm sewer system is either nonexistent or wholly inadequate. Development is a threat to the health, safety and welfare since it must be developed without municipal sanitary sewer or water facilities. Within the past year, the city has experienced significant erosion, failed septic systems, contaminated wells, and minor flooding problems. Until the City completes a feasibility study or a master plan for development of the North Hill, the in-fill development will create more problems and make existing problems more difficult to correct. Motion by Councilmember Zoller, seconded by Councilmember Bealka, to adopt Resolution 98-207 approving and adopting the findings justifying establishing a moratorium on new construction on the North Hill. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 3. Possible first reading of ordinance establishing moratorium on new construction on North Hill. Motion by Councilmember Bealka, seconded by Councilmember Cummings, to have the first , reading of an ordinance adopting a moratorium for the purpose of protecting the planning process and the health, safety and welfare of the citizens of Stillwater by restricting and prohibiting building development or subdivisions on parts of the North Hill. Ayes: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble Nays: None 4. Report on lake water quality. City Engineer Eckles reported staffhas talked to the Soil and Water Conservation District, which is monitoring the lakes in Stillwater and Washington County. The Secchi disk readings for Long, Lily and McKusick Lakes show that the water quality in 1998 is better than what we saw in 1997 and compares very closely to water quality readings in 1995. Tbe data also seems to show that there currently is no downward trend on these lakes, nor is there any significant difference from what has occurred in other lakes in Washington County. No action necessary COMMUNlCATIONS/REOUESTS 1. Darrell Sorenson - Request for Boutwell Rd. traffic investigation A letter was received from Mr. Sorenson asking Council to consider investigating the traffic conditions on the turn from Myrtle onto Boutwell Road. He feels that this is a difficult turn to make and suggests that the speed limit be lowered on Myrtle Street, a guard rail be installed on the east side of Boutwell, and a reduction in the curve from an east bound turn from Myrtle onto Boutwell. 9 City Council Meeting 98-17 August 4, 1998 (\ " Council referred this item to Police Chief Dauffenbach for review and recommendation. 2. River Valley Arts Council- Request for 1999 general operations gift. The River Valley Arts Council submitted a request for $3,000 in general operating support for 1999. The money will be used for the Art Crawl and Festival, School Arts Program, RV AC Newsletter and all the other services RV AC provides to the community. Council referred this item to staff for consideration during the 1999 budget process. STAFF REPORTS (continued) Police Chief Dauffenbach reported he received a request from KDWB Radio to do a live broadcast at Lowell Park from 6-9 p.m. next Thursday. They are requesting the use of five parking spots in front of the pump house during the broadcast. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the use of five parking spaces in front of the pump house in Lowell Park by KDWB Radio during a remote broadcast on Thursday, August 6. All in favor. ADJOURNMENT (\, Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 9:07 p.m. All in favor. Attest: ~;j ~ ~d.-.. City Clerk ~~ Resolution 98-193: Directing Payment of Bills Resolution 98-194: Appointing election judges for 1998 Primary and General Election Resolution 98- 195: Contract with Century College for Law Enforcement training program Resolution 98-196: Employment of Steve Mandell as temporary seasonal worker Resolution 98-197: Promotion of Leeland (Ken) Gilliam, Robert Kroening, and James Swanson to Firefighter/Engineer Part-time, effective Aug. I, 1998 Resolution 98-198: Approving Cooperative Purchasing Agreement with the State of Minnesota, Department of Administration for State Contracts. Resolution 98-199: Temporary Employment of Anton Friant as lifeguard. Resolution 98-200: Agreement with Coca-Cola Enterprises, Inc. for beverage services at the sports (". center 10 ., .. (\ (' r City Council Meeting 98-17 August 4, 1998 Resolution 98-201: Contract with Gilbert Jansen for boiler maintenance services at City Hall and Stillwater Public Library. Resolution 98-202: Commending Paul Glaser for over thirty-five years of service to the City. Resolution 98-203: Approving the resubdivision of 1412 W. Olive Street (three lots) into two lots of 10,350 and 8,050 square feet in the RA, Single Family Residential District. Resolution 98-204: Approving the resubdivision of Lots 14, 16 and 18, Block 2, Greeley and Slaughter's Addition into two lots in the RB, Two Family Residential District. Resolution 98-205: Approving the 19-10t, single family subdivision in the AG, AgriculturaI Preservation District (proposed RA) of Neal Meadows Outlot A & C, with Park Dedication Option A, to include staffrecommended additions. Resolution 98-206: Approving the change order for signage at the St. Croix Valley Recreation Center. Resolution 98-207: Approving and adopting the findings justifying establishing a moratorium on new construction on the North Hill. II RECORD OF EXECUTIVE SESSION Date convened: Tuesday,August4,1998 Time convened: 5:00p.m. Time adjourned: 5:20p,m. Members present: Mayor Kimble, Councilmembers Bealka, Cummings, and Zoller Members absent: Councilmember Thole Alsopresenl: City Attorney Magnuson Purpose of Executive Session: To discuss possible condemnation of property located adjacent to Oak Glen subdivision known as Amundson property. Motion by Councilmember Zoller, seconded by Councilmember Cummings to direct staff to continue negotiations with the owner of the Amundson property to purchase the property, net of buildings or including buildings and including appropriate walkway easements, for a price supported by the appraised value of the property. All in favor. Motion by Council member Cummings, seconded by Councilmember Bealka to adjourn at 5:20 p,m. All in favor. (#~/ -fYj..h!,jt3/~ City Clerk c .