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HomeMy WebLinkAbout1983-05-03 CC MIN._\ • 453` COUNCIL CHAMBERS Stillwater, Minnesota May 3, 1983 REGULAR MEETING The meeting was called to order by President Peterson The Invocation was given by the City Clerk.. Present: 7:30 P. M. Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Absent: None Also Present: Press: Citizens: Finance Director/Coordinator, Kriesel City Clerk, Schnell City Attorney, Magnuson Superintendent of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks & Recreation, Blekum Building Official, Zepper Consulting Engineers, Moore and Meister Stillwater Gazette, Regan Free Press, Landkammer George Weyer, Richard Tuenege, Don Nolde, Thomas Cropp, William Johnsons, Tim Barnett, Nordquist Sign Co. representative, Doug Karnuth, Mrs. Glenn Taylor, Nancy Mesenbourg, Robert Lockyear, Mr.& Mrs. Stanley Scheel, Jack Joyce, Mr. & Mrs. Ron Schoenborn, Mr. & Mrs. Leonard McGuire, W. A. Ulrich, Bob Thompson, Tom Harvieux, Mark Larsen, John Prokosch, Julie Biedrzycki APPROVAL OF MINUTES On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, minutes of the following meetings were approved: (a_1 in favor) April 19. 1983 Regular Meeting 4:00 P. M. April 19, 1983 Recessed Meeting 7:30 P. M. PUBLIC HEARINGS This was the day and time for the public hearing forn Industrial Development Revenue Bonds for the Joyce Office Projedt, 251 South Third Street. Notice of the hearing was published on April 15, 1983. The Mayor opened the hearing. TIM BARNETT, attorney for the applicant, explained that they will have an office complex at this location with the hopes of attracting new business to the City of Stillwater. No one appeared as being opposed to this project. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "GIVING PRELIMINARY APPROVAL TO A P"..OJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF ENERGY, PLANNING AND DEVELOPMENT FOR APPROVAL THEREOF AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPAREATION OF NECESSARY DOCUMENTS IN CONNECTION WITH THE PROJECT". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) This was the day and time for the public hearing on Case No. 479 for a frontage variance for William Johnson, 653 Hidden Valley Court for a garage/family room addition. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 22, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. WILLIAM JOHNSON presented his request to the Council through the use of pictures on the screen and the reasons for the variance requested, and how it would enhance the neighborhood. He presented a petition signed by his neighbors indicating they are not opposed to this request. • May 3, 1983 JULIE BIEDRZYCKI, the next door neighbor, stated that any addition to the Johnson home will not obstruct their view and they are in favor of same. COUNCILMAN KIMBLE questioned the roof design and lines of the addition which Mr. Johnson explained at this time. ROBERT LE BARRON, 676 Hidden Valley Court, approved of the plans and further explained the roof lines and felt that there would be no problems with this variance on this court. MR. FARRELL of the Planning Commission explained the problems that the Commissi-n is having with these cul-de-sacs and indicated that it was ap.ssed by a four to three vote - they felt that this could be setting a precedent for the Croix - wood area. MR. JOHNSON stated that some other variances that have been granted were much closer, to the street than they will be with their addition - also that the Building Codes that apply to Croixwood are the same ones that apply to the rest of the City and that pool and fence variances have been granted to others in the Croixwood area. MR. MAGNUSON did not feel that there is a precedent being set here - each parcel of land is peculiar in some way and would not be binding on another area - it is clear that the setback would follow the street - if the street is curved, then the setback is curved and it would have a curved setback line. COUNCILWOMAN AVISE felt that the Council has to look at each individual case and parcel and request. The Mayor closed the hearing. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the Council approved the fourteen foot variance for an addition to the William Johnson home at 653 Hidden Valley Court. (all in favor) 3. This was the day and time for the public hearing for Case No. 488 for Thomas Cropp, 1504 South Greeley for the expansion of his Special Use Permit by adding a second story to the existing building. Notice of the hearing was published in the Stillwater Evening Gazecte, the official newspaper of the City on April 22, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared as being opposed to this request - MR. Cropp did briefly explain the requdst. The Mayor closed the hearing. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council approved the amended Special Use Permit for Mr. Cropp for his business at 1504 South Greeley Street. (all. in favor) This was the day and time for the public hearing for Case No. 492 for Nordquist Sign Co. for signs at the Grand Garage and Gallery for the LeBistro restaurant - variance from Code No. 2408. Notice of the hearing was published in the Stillwater Evening Gazette, the offi- cial newspaper of the City on April 22, 1938 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. GEORGE WEYER AND A REPRESENTATIVE FROM NORDQUIST SIGN CO. explained the dimensions of the two signs that will be placed on the Grand Garage building at 324 South Main Street. This will be a custom made sign with the LeBistro lettering and the shape will be the same as the Grand Garage and Gallery sign. RICHARD TUENGE, Das Wurst Haus, viewed the drawings and asked questions of Mr. Weyer. There was some discussion about the crosswalk sign on Main Street would obstruct this sign, but Mr. Weyer did not feel that would be the case and also the fact that it would be visible from the north and to all pedestrians. The Mayor closed the hearing. COUNCILWOMAN BODLOVICK made a motion which was seconded by Councilman MacDonald that the Council follow the recommendation of the Planning Commission on these two signs, but following some discussion it was decided to have two separate motions - the first motion was withdrawn. 0n motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council approved the sandblasted sign on Nelson Street for the LeBistro restaurant. (all in favor) 4. • May 3, 1983 455\ • COUNCILWOMAN AVISE made a motion to deny the request for the illuminated sign on Main Street for the LeBistro restaurant - (the motion died for the lack of a second) On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council approved the illuminated sign on the Main Street side of the Grand Garage and Gallery, 324 South Main Street as recommended by the Planning Commission. Ayes --Councilwoman Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --Councilwoman Avise. (motion carried) 5. This was the day and time for the public hearing on Case No. 489 for Dot Karnuth, 1221 South Third Street for sideyard and backyard variances to replace a garage in the rear yard. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 22, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. KARNUTH explained the variances that would be required and indicated that the new garage would be smaller than the old one. He was requested by the Planning Commission to put sheetrock on the inside of the garage as a fire safety factor and he is agreeable to this. The Planning Commission approved this unanimously. No one appeared as being in favor or opposed to this request. The Mayor closed the hearing. On motion of Councilman Kimble, seconded by Councilman MacDonald, the Council approved the variances for Mr. Karnuth to build a new garage at 1221 South Third Street. (all in favor) 6. This was the day and time for the public hearing for Case No. 490 for Glenn Taylor for a lot size variance in a one family zone on Birchwood Drive. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 22, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hear JOAN TAYLOR explained the which is Lot 19. MR. ULRICH, 127 Bichwood traffic and the children ing. type of house that they propose to build on this lot Drive, stated that this could create a hazard due to the and there are no sidewalks. MRS. TAYLOR did not feel that the COUNCILWOMAN BODLOVICK indicated that was an unbuildahle lot and there were MRS. TAYLOR at this time withdrew her curvature of the street would create a problem. the information that she had was that this further questions asked about the driveway. request for the variance on this lot. 7. This was the day and time for the public hearing for Case No. 491 for Glenn Taylor for a 12.6 foot frontage variance on Brichwood Drive North. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on April 22, 1983 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. JOAN TAYLOR indicated that there is a discrepancy in the measurement of the lot and they will proceed with the survey requested by the Planning Commission after this hearing tonite if it is approved. MR. FARRELL stated that there is more than adequate lot size, but there is a question on the curl*: setback and they recommended approval subject to the lot line being establ.ished -ad the placement of the house on the lot - they approved the concept. The Mayor closed the hearing. On motion of Councilman Kibmle, seconded by Councilwoman Bodlovick, the Council requested that this case be placed back on the Planning Commission agenda for the May meeting with a survey plat of the property and with a house plan included. (all in favor) INDIVIDUALS & DELEGATIONS 1. NANCY MESNEBOURG, representing the Jaycee Wives, appeared before the Council request- ing the Council's permission for the placement of benches at two bus stop locations for the Senior Citizens benefit. a • May 3, 1983 On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the Council approved the project subject to the Jaycee Wives working with the Police Chief and Mr. Shelton as to the placement location of these benches. (all in favor) 2. ROBERT LOCKYEAR AND AN ARCHITECT appeared before the Council with the site plans for the new Courthouse addition which will be located in Oak Park Heights across Panama Avenue and will be connected with a tunnel to the present facility. There will be a possible street vacation in Oak Park Heights - they detailed the facilities that would be housed in the new unit. 3. On motior of Councilwoman Bodlovick, seconded by Councilwoman Avise, Case No. 494 for a Cable T. V. Antenna on a portion of the Benson property was referred to the Planning Commission for a special meeting on May 12th and a public hearing before the City Council was set for May 17, 1983 at 7:30 P. M. (all in favor) 4. BOB THOMPSON AND TOM HARVIEUX appeared before the Council representing the Downtown Retail Council and the Minnesota Transportation Museum regarding the abandonment of the railroad bridge to the north of Stillwater. The Museum is planning to acquire part of this trackage and they were requesting that the City Council delay any action on the condemnation of this bridge until something is finalized with the Transportation Museum. MAYOR PETERSON indicated that the Council is in favor of the plans of the Trans- portation Museum and MR. KRIESEL stated that he had talked to the Highway Department to hold up on this matter. 5. MR. JACK ALLISON of the Washington County Housing Authority appeared before the Council regarding Phase II of the MHFA Loan Program and requesting the passage of a resolution authorizing an application for these Loan Funds for the City of Stillwater. On motion of Councilman Kimble, seconded by Councilman MacDonald, a resolution was introduced "AUTHORIZING APPLICATION FOR MHFA HOUSING REHABILITATION LOAN FUNDS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 6. RON SCHOENBORN, 514 South Hemlock Street, appeared before the Council regarding the cost of a matting on Hemlock Street from Pine Street to the southerly end of his property. He also complained about arents who drop their children off on Pine Street to allow them to swim on the north end of Lily Lake. Discussion followed and Mr. Shelton will secure two estimates for this mat and the City will have to maintain the easements in this street. MR. SCHOENBORN also was interested in vacating the southerly portion of this street and he was asked to contact Mr. Kriesel for the necessary forms and procedure on this matter. Mr. & Mrs. Leonard McGuire also were in attendance on this matter. 7. MARK LARSEN AND JOHN PROKOSCH appeared before the Council requesting permission to dispense ice cream products and natural sodas in Lowell Park, May 13, 1983 thru September 5, 1983. They were informed of the Peddler's Ordinance which was on the agenda for this evening and were given a copy of same and asked to contact the City Clerk's office to make application for this venting service. THE MAYOR DECLARED A RECESS FROM 9:25 to 9:35 P. M. UNFINISHED BUSINESS 1. On motion of Councilman Kimble, seconded by Councilman MacDonald, a resolution was introduced "ACCEPTING THE FEASIBILITY STUDY, WAIVING THE HEARING AND DIRECTING THE ENGINEER TO PROCEED WITH THE FINAL PLANS AND SPECIFICIATIONS FOR LOCAL IMPROVEMENT NO. 203-RADLES HILLTOP ADDITION", and that the two City lots be included and the stub be removed to Sunset Drive. Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None '(see resolutions) 2. On motion of Councilwoman Avise, seconded by Councilman Kitible, the Council authorized the Police Chief to send three or four officers to school for training for the Breathlyzer Examinations. (all in favor) 3. On motion of Councilman Kimble, seconded by Councilman MacDonald, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE ADDING SECTION 31.08 TO CHAPTER 31 ZONING, AND REPEALING ORDINANCE NO. 589, AN ORDINANCE ADOPTING BUILDING MOVING REGULATIONS IN THE CITY OF STILLWATER". Ordinance No. 603 The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. 4. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE CHANGING THE NAME OF THE ST. CROIX PORT AUTHORITY TO THE STILLWATER PORT AUTHORITY" Ordinance No. 604 The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. 5. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the City Attorney made the second reading of an ordinance entitled "STILLWATER CITY CODE SECTION 48.06, AN ORDINANCE REGULATING THE ST. CROIX RIVER WATERFRONT, PROVIDING FOR THE SAFETY AND COMFORT OF PERSONS USING THE WATERFRONT, REGULATING AND PROVIDING STANDARDS FOR DOCKS, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS".(Ordinance No. 605) The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question, "SHALL THIS ORDINANCE PASS?" and on roll call the ordinance was unanimously adopted. 6. On motion of Councilman MacDonald, seconded by Councilman Kimble, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE DEFINING, REGULATING AND LICENSING PEDDLERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF IN THE CITY OF STILLWATER". (Ordinance No. 606) The ordinance was read section by section followed by roll call after each section and all members of the Council voted in the affirmative. The chair then put the question "Shall this ordinance pass?" and on roll call the ordinance was unanimously adopted. NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, a resolution was intdocued "DIRECTING THE PAYMENT OF THE BILLS". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) 2. On motion of Councilwoman Bodlovick, seconded by Councilman Kimble, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE ADDING SECTION 31.09 TO CHAPTER 31 ZONING, AN ORDINANCE REGULATING CONSTRUCTION AND MAINTENANCE OF RADIO AND TELEVISION ANTENNA AND SUPPORTING TOWERS AND PROVIDING PENALTIES". (all in favor) 3. On motion of Councilman MacDonald, seconded by Councilman Kimble, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31 ZONING, BY ADDING SUBPARAGRAPH (7) UNDER SUBD. 23 OF SECTION 31.01, AREA AND YARD REGULATIONS, AN ORDINANCE REGULATING LAND RECLAMATION". (all in favor) 4. On motion of Councilwoman Avise, seconded by Councilman Kimble, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE ADDING SECTION 38.02 TO CHAPTER 38 NUISANCES, AN ORDINANCE PROHIBITING CONDUCTING AND PARTICIPATING IN NOISY PARTIES OR GATHERINGS". (all in favor) 5. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31 ZONING, BY ADDING SUBPARAGRAPH (6) UNDER SUB. 23 SECTION 31.01 AREA AND YARD REGULATIONS, AN ORDINANCE REGULATING EXTERIOR STORAGE". (all in favor) 6. On motion of Councilman Kimble, seconded by Councilwoman Avise, the City Attorney made the first reading by title of an ordinance entitled "AN ORDINANCE ADDING SECTION 51.11 TO CHAPTER 51 TRAFFIC, AN ORDINANCE LIMITING THE OPERATION OF RECREATIONAL MOTOR VEHICLES". (all in favor) 7. On motion of Councilman MacDonald, seconded by Councilman Kimble, the Council changed Mr. Zepper's title to "ZONING ADMINISTRATOR" effective as of this date.(all in favor) 8. On motion of Councilman Kimble, seconded by Councilwoman Avise, a resolution was introduced "EMPLOYING JAMES AREND AS BUILDING INSPECTOR EFFECTIVE MAY 23, 1983 AT A SALARY OF $20,000 PER YEAR". Ayes --Councilwomen Avise and Bodlovick, Councilmen Kimble and MacDonald and Mayor Peterson Nays --None (see resolutions) May 3, 1983 INDIVIDUALS & DELEGATIONS (continued) None at this time COUNCIL REQUEST ITEMS I. COUNCILWOstastated that arequest dfor owntthe use area.£ turn -of -the century posts or ndards for the new lighting f 2. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council supports Mary Hauser for the appoinent to MacDonalde andMetro Ayes--Councilwoman Councn Avise, Councilman Abstained - Councilwoman Bodlovick and Councilman Kimble (motion carried) on 3. thatehappeneddiscussion evening onut the thishstreetwith theeonlygsol tionaofferedStreet wasand tothe set some very low speeds for this street. (no formal action taken) 4. On motion of Councilman Kimble, seconded by Councilwoman Bodlovick, Mayor Petersen, Jack Shelton, George Diethert and Nile Kriesel were directed to screen the applications for the temporary laborers for the street department and select four persons to be hired at once and the Council will ratify same at a later date. (all in favor) STAFF REPORTS PUBLIC SAFETY 1. On motion of Councilman MacDonald, seconded by Councilman Kimble, the Council authorized the installation of thr - favor)teen minute parking meters on Nelson Alley (allin PARKS & RECREATION l and dollarseandaited washat felthe thatpansion of the small this cost and other factorsld wereuld notentail in acceptableoat There was discussion en the proposed ballfields at the old dumpsite and the this time. Council would uld like see aplthisans with eparking and it was indicated that there are plans for ballfields MR. BLEKUM asked for some action to be taken on the Zamboni so that he may proceed and 2. MAYOR PETERSON indicated that he would get in contact with John McDnough on Wednesday on this matter. 3. On motion of Councilman Kimble, seconded by Councilwoman Avise, Mr. Blekum was authorized to reconstruct and replace the side hockey boards as needed. (all in favor) BUILDING OFFICIAL Glen l hopewhat udbe needed to have entrance afs for ee Oak ce usesand hwas inforwdthat they wouldrequireavarinceromthSign Ordinan CONSULTING ENGINEER'S REPORT MR. MEISTER reported on the televising of the Interceptor Sewers in the downtown area indicating the number of gallons of water that is infiltrating into the system and is being treated at the sewage plant. 1 - Estimated infiltration from the sewer joints 2 - Additional Estimated infiltration from the sewer joints not quantified in the report 3 - Estimated infiltration from manholes not quantified in the report Total He explained the sou 179 GPM 100 GPM 15 GPM 294 GPM PUBLIC WORKS 1 SHELTON - ted placehat themeoutdatetheal dumpsitetforoseverallweekends £Thedump e stboxes was about After some discussion Nile was directed to check with Mr. Junker about his putting $2,175.00 last year. some ere and making out with other charge those etbribringing the materials to the boxes and he is also to checkthis May 3, 1983 CITY CLERK'S REPORT No report CITY ATTORNEY'S REPORT 1. MR. MAGNUSON stated that he is working on the final assessment appeal which is for Sondra Gozzi to be heard next Wednesday on the Parking Lot - originally there was a $26,000 assessment and it was reduced to about $16,000 - her attorney would like to settle it and he has asked for a 25% reduction in what is left - it would take about $3,000 to take it to court and the reduction would be about $4,000. On motion of Councilman MacDonald, seconded by Councilman Kimble the Council agreed to reduce this assessment up to 25% or about $4,200 on the Gozzi Assessment. (all in favor) CITY COORDINATOR'S REPORT 1. On motion of Councilman MacDonald, seconded by Councilman Kimble, the Council authorized that one of the old screens from the old police cars be given to Washington County. (all in favor) 2. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council granted an extension of 120 days from May 3, 1983 for the recording of the Dallager Estates Plat. (all in favor) 3. On motion of Councilman Kimble, seconded by Councilwoman Avise, the Council adopted the Findings of Fact for the Winona Knitting Mills, 215 South Main Street, authorit- ing the Mayor and the Clerk to sign same and that copies be sent to the proper agencies. (all in favor) 4. MR. KRIESEL informed the Council that the Brooks Hauser Superette has been advised that if they plan to be open 24 hours that they will need approval from the Council. APPLICATIONS ---On motion of Councilman MacDonald, seconded by Councilman Kimble, the Council approved the following Contractor's Licenses with the exception of Emil Petter: Custom Applications (all in favor) 2604 Oliver N., Minneapolis 55411 Roofing & Painting New Gausman Builders, Inc. 907 Payne Ave., St. Paul 55101 General New Simon 0. Johnson 5725 Oakgreen Ave. N., Stillwater Masonry & Brick Work Renewal Richard H. Jonk Masonry R. #2, Box 252-E, Somerset, Wi. 54025 Masonry & Brick Work Renewal Tom Landry Box 312, Somerset, Wi. 54025 Landscapers Renewal Richard L. Lodge dba DLC, Inc. 1404 Meadowlark Drive, Stillwater General Renewal Nielsen Sheet Metal, Inc. 6324 Lakeland Ave., Brooklyn Park 55428 Restaurant Equipment New Duane Peterson 1919 West Pine Street, Stillwater General New Petersons & Osterman Builders, Inc. 1064 Payne Ave., St. Paul 55101 General New * Emil. Petter - Bridgeview Home Center R. #1, Box 90-B, Osceola, Wi. 54020 General WAS NOT APPROVED Pinky's Croixland - Thomas W. Palecek Box 43, Stillwater Disposal of Liquid Waste Materials Renewal George Siegfried Construction Co. 11223 - 32nd St. N., Lake Elmo 55042 General Renewal ---On motion of Councilman Kimble, seconded by Councilman MacDonald, the following Cigarette License was approved: (all in favor) T. J's - Thomas Belair 826 South Fourth Street, Stillwater New 1