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HomeMy WebLinkAbout1984-03-06 CC MIN(1 20 STILLWATER CITY COUNCIL REGULAR MEETING March 6, 1984 7,30 p.m. The mee ting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson Also Present: City Coordinator, Kriesel City Clerk, Kirtz Press: City Attorney, Magnuson Finance Director, Caruso Superintendent of Public Works, Shelton Public Safety Director, Abrahamson Director of Parks & Recreation, Blekum Consulting Engineer, Meister Zoning Administrator, Zepper Planning Colllllission Member, Matlette Stillwater Gazette, Regan Press Publications, Landkamer Citizens: Dale Sicard, Thomas McQuiston, Erv Westphal, Jim Gannon , Roy Menne, Marion Kneeland, Don Langness, Al Stevens, John Reinberger, John Jewell The Invocation was given by the City Clerk. APPROVAL OF MINUTES On motion by Councilrnember Bodlovick, seconded by Councilmember Kimble , the to approve the minutes of the following meetings: All in favor. PUBLIC HEARINGS February 21, 1984 Regular Meeting Febr uary 21, 1984 Recessed Meetin g 4,00 p.m. 7,30 p.m. Counci 1 moved Case No. 516 -Joe Gould -Special Use This is th,1 day and time for the continuation of a public hearing for Case No. 516, scbmitted by Joe Gould for a special use pennit to construct a four-plex in a two"family zone. Mayor Peterson dec1ared that this heari ng will be continued until such time that Hr. Gould submits revised plan� to the Planning Colllllission and the Commission considers these plans. Case No. 520 -Dale Sicar<i --Special Use This is the day and time set for the continued public hearing on Case No. 5�0. submitted by Dale Sicard for a special use permit to demolish and rebuild in the downtow,, area (218 North Main Street). Notice of this con-r.inuation was mailed to �roperty owners within 300 feet. Mr. Sicard presented his plans to the Ce;uncil, stating that ttie building will be a two-story cement block building with a brick front. Each floor will have 2400 square feet and the upsta.irs will be used for storage of parts. There wi11 be a 12' setback from the inside of the sidewalk and off-street parking for seven cars. • March 6, 1984 1Z]\. • • • n Councilmember Farrell asked if these seven spaces included parking for employees and Mr. Sicard informed him that the employees would be parking in the lot by Maple Island. He also stated that he is providing 20' on the side of the building for the parking and this parking will not block the public alley. Mr. Sicard continued by stating that the gas tanks at the location will be lifted out and the holes filled with sand for the new foundation. Mr. Marlette stated that the Planning Commission approved this special use permit and they are mainly concerned with the appearance of the building (plans show that the brick will match adjacent buildings), parking and the use of the second story. Mayor Peterson closed the hearing. On motion by Councilmember Bodlovick, seconded by Councilmember Kimble, the Council moved to grant the special use to Dale Sicard for demolition and reconstruction at 218 North Main Street, for Valley Auto Supply. All in favor. Case No. 521 - Thomas McQuiston - Special Use This is the day and time for the continued public hearing on Case No. 521, submitted by Thomas McQuiston for a special use permit to service autos in the garage at 216 5. Owens Street. The notice of this continued hearing was mailed to property owners within 300 feet. Mr. McQuiston stated that he wishes to perform light maintenance (oil changes, points and plug changes, etc.) in his garage. He stated he would only have two cars on the premises, plus his own, at one time. His work would not begin until after 3:30 p.m. and he would work until 10:00 p.m. Mayor Peterson asked Mr. McQuiston if he was doing welding in this wooden garage at the present time and Mr. McQuiston stated that he was welding as well as car maintenance. Councilmember Bodlovick questioned Mr. McQuiston on the signs posted on his residence for an auto clinic and day care. She also questioned where the three cars were going to park at his residence, if not in the front yard. Mr McQuiston stated that the customer's car would be parked in the garage and his in the driveway. Mr. Marlette stated that the Planning Commission was concerned over the noise resulting from this special use, and stated that the hours of operation would be from 8:00 a.m. to 10:00 p.m. The Commission also recommended a 6-month trial period for this special use. Allen Zepper questioned where Mr. McQuiston was going to dispose or store used parts. Mr McQuiston stated he would take them to work (Space Center) along with the waste oil. Marion Kneeland (206 S. Owens) questioned the noise resulting from this special use, especially in the summer. She stated that once there is a business in the neighborhood, it is no longer a residential area. She agrees with a 6-month trial and also expressed concern over the parking situation. Mayor Peterson closed the hearing. On motion by Councilmember Bodlovick, seconded by Councilmembe- Farrell, the Council moved to deny the request for a special use permit, based on the location of the residence which would result in additional traffic and parking. Councilmember Farrell stated thatin spite of the need for additional income, he does not believe that this property lends itself to storage of parts and he expressed concern over the general neighborhood. Councilmember Kimble stated that this is a free country and if a guy wants to make an extra buck, that is fine. He believes that this special use should be given a trial period and if it doesn't work out, it can be revoked at that time. Vote on above motion: Ayes; Councilmembers Bodlovick and Farrell. Nays; Councilmembers Kimble, MacDonald and Mayor Peterson. Motion declared defeated. On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to grant this special use permit for Case No. 521 for a three-month trial period, for Thomas McQuiston (216 S. Owens) to perform minor auto maintenance in his garage, with work not to be performed after 9:00 p.m. Ayes; Councilmembers Kimble, MacDonald and Mayor Peterson. Nays; Councilmembers Bodlovick and Farrell. Motion carried. Case No. 522 - Selas Corp. - Special Use This is the day and time set for the public hearing on Case NO. 522 submitted by Selas Corp. for a special use permit to add a second story onto the existing building at 305 S. Greeley Street. The notice of hearing was published in the Stillwater Gazette and mailed to property owne-s within 300 feet. John Reinberger stated that he opposes the continuation of this hearing because due notice was not given to property owners. After consideration of this statement it was Mr. Magnuson's determination that the hearing continue. Mr. Stevens stated that when the original special use we< obtained for this building in 1978, it was stated that the conceptual approval of a second story was given. He stated that the present special use permit is for ten non -retail businesses and there are presently five located in the basement and three on the first floor. • • • • March 6, 1984 There are presently seven parking spaces on the south side of the building and the plans call for ten more spaces to be added for a total of seventeen on site, with additional parking at the Nelson Dairy. Selas currently has a ten-year lease (to expire in 1988) with Nelson Dairy for this parking lot. There was discussion regarding the added traffic and parking problem with the addition of a second story and additional businesses. Councilmember Farrell asked if Selas Corp. and Mr. Stevens stated that theyn nwould have eno problem r of ewith this sses on hlimie nd story to five t Mr. Marlette stated that the Planning Commission was concerned over the second story construction, because the plans show no windows for the second story and with the height and shape, the second story would give the building a barn -like effect. Mr. Langness stated that it would be no problem to change the plans to provide for windows to improve the aesthetics. He also added that a sprinkler system would have to be installed in the second story. John Jewell (415 S. William) stated he is opposed to construction of a second story in a residential area. He believes that if Selas is allowed to add a second story, others in the area will also want two stories (Davian and Greeley Nursing Home). Jelin Reinberger stated he is objected to the roof line and height of the proposed addition. He also expressed concern over increased traffic. Mr. Langness stated that the addition will only add about nine feet to the building height. Mayor Peterson closed the hearing. On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the Council moved to grant the special use to Selas Corp. to add a second story onto the existing building at 305 South Greeley Street, with the following conditions; (1) Selas Corp. provide at least seventeen on -site parking spaces; (2) Selas Corp. maintain the lease for the parking lot at Nelson Dairy (if Nelson Dairy agrees); and (3) Selas Corp. must limit the number of businesses in the building at 350 5. Greeley Street to a total of fifteen. Ayes; Councilmembers Kimble, Farrell, MacDonald and Mayor Peterson. Nays; Councilmember Bodlovick. Motion carried. INDIVIDUALS & DELEGATIONS James Gannon - 801 West Laurel Street Mr. Gannon appeared before the Council with plans for 1minor alterations for a building addition that was approved as a special use permit on July On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the Council moved to grant permission for this minor alteration as presented. All in favor. UNFINISHED BUSINESS On motion by Councilmember Bodlovick, seconded by Councilmember MacDonald, the City Coordinator Sewer Service Charges made the second reading of Ordinance No. 622, "AN ORDINANCE AMENDING CHAPTER 29, SUBDIVISION 1 OF THE STILLWATER CITY CODE REGULATING THE FIXING AND ESTABLISHING OF SEWER SERVICE CHARGES AND PROVIDING COLLECTION THEREOF". The Mayor called for roll call vote on Section 1 and Section 2 and on the ordinance in its entirety, all passed unanimously. Westphal Heights - Final Plat Approval On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to approve the final plat of Westphal Heights Phase I, subject to a 10' easement,on the Northerly line of Lots 1 & 2. All in favor. Westphal Heights - Petition for Improvements A petition for local improvements was received from Ery Westphal for Phase I of Westphal Heights. It was the consensus of the Council to table action on this petition until other affected property owners can be contacted to determine if they, also, would petition for these improvements., Transfer of Liquor License Chief Abrahamson stated that the investigation for the Mennes has checked out and he sees no problem with the transfer of liquor license. transfernby the on -sale mliquorber BlicensekfromcBiagi'sytooMenne,, Inc.ember MacDonald, inl favor.the Council moved to Nile Kriesel reported that it was determined that the water from a leak at 505 S. 3rd Street didSewer Bill Adjustment not drain into the sanitary sewer system. Therefore, on motion by Councilmember Kimble, seconded by Councilmember Nickelson Bod lovick, frothe30ou00,l tmo847.25. adjusti the easerer bill for the first quarter of , for M.D. Civil Defense Director introduced.'RESOLUTION6CONFIRMING er cAPPOINTMENT Ok, seconded F CIVILi DEFENSE DIRECTORlmember . theresolution NaysOwes (Resolution 87292) Main Street Project Manager by Councilmember 'RESOLUTION APPROVINGeEMPLOYMENT". Ayes-5il Nays-O. (Resolution (Resolutionthe 27293)resolution was • 123 • March 6, 1984 Equipment Purchase - VCR System On motion by Councilmember Bodlovick, seconded by Councilmember Kimble, the purchaseof VCR equipment with the cost not to exceed $2200, was approved. All in favor. It was noted that this equipment will be utilized by various departments within the City. Punch Card Voting System Uproposal was received from E.L. Marketing for the punch card voting system. Another possible vendor will be contacted for a price and Nile Kriesel will contact the County on the charge for the counter time. Joint Powers Agreement - Middle St. Croix River Dave Magnuson stated he has reviewed the agreement and recommends its approval. Nile Kriesel stated that the Master Plan for this will cost no more than 120,000 and the City of Stillwater's shar of this is $7400. This will be levied for in 1984, to be collected in 1985. One-half of the payment is due January 1 and the other half July 1. On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to authorize the Mayor and City Clerk to sign the Joint Powers Agreement for the Middle St. Croix River. All in favor. NEW BUSINESS Payment of Bills On motion by Councilmember MacDonald, seconded the resolution, "DIRECTING PAYMENT OF BILLS". Claim for Damaged Jacket On motion by Councilmember Kimble, seconded by forward the claim for a jacket damaged at Lily favor. by Councilmember Kimble, the Council introduced Ayes-5 Nays-0 (Resolution #7291) Councilmember MacDonald, the Council moved to Lake Arena, to the insurance carrier. All in Oak Glen - Change Order 15 On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to approve Change Order #15 for Oak Glen for replacement of bituminous surface caused by construction traffic, in McKusick Road Circle North ($2,631.50). All in favor. Interlachen Hills, Phase I On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council introduced the resolution "RESOLUTION ACCEPTING BID". Ayes-5 Nays-0 (Resolution N7294) COUNCIL REQUEST ITEMS - none STAFF REPORTS Public Safety — Chief Abrahamson suggested three locations for handicapped parking spaces in the downtown area: (1) the old taxi stand, (2) by Cosmopolitan Bank, and (3) by Stillwater Pet Store. On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the Council moved to authorize the Public Works Department to assign and mark the three handicapped parking spaces as indicated above. All in favor. — On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the resolution was introduced, "RESOLUTION APPROVING EMPLOYMENT". Ayes-5 Nays-0 (Resolution R7295) On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the Council moved to authorize Nile Kriesel, Dave Magnuson and Chief Abrahamson to meet and draft a lease for officers to use their own four-wheel drive vehicles in case of emergency situations, and to investigate insurance coverage of these vehicles when being used for City business. All in favor. — On motion by Councilmember MacDonald, seconded by Councilmember Bodlovick, the Council authorized up to $250 to be spent for sending Bruce Klosowsky to a chemical testing school. All in favor. It was noted that the school district has donated $250 towards the $500 cost for this schooling and equipment. A letter of thanks will be sent to the school district. —On motion by Councilmember Bodlovick, seconded by Councilmember Kimble the Council authorized that a plaque be made up for Larry Dauffenbach for actions beyond the call of duty that resulted in saving of life. Said plaque will be presented at a Council meeting. All in favor. Parks & Recreation — On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to leave the fees for the softball fields as last year, being $14.00 for 14 hour and $200 for weekend tournaments (all fields); contingent upon Recreation Commission approval. If the Recreation Co -mission does not agree vith these fees, the issue will appear before the Council again. All in favor. - There was lengthy discussion regarding the feasibility of the Lily Lake Ice Arena being open next season. Nile Kriesel and Mayor Peterson will contact the surrounding communities involved in the use of the arena, plus the school district to set a meeting for March 14, 1984. The school district will be notified at a later date if the arena is available. Finance Director Betty Caruso presented the 1984 Budget Summary to the Council. • • !124 March 6, 1984 • • City Clerk On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to set a public hearing for Case No. 523, for a conditional use and variances for bathroom facilities construction at Lowell Park, for March 20, 1984, at 4:00 p.m. All in favor. On motion by Councilmember MacDonald, seconded by Councilmember Farrell, the Council moved to thorize Bonnie Kirtz to attend the 2te International 4. AInsll titute n uteoof Municipal Clerks Conference, which will be heldinDiego on May It was noted that the next Council meeting will be held on March 20, which is Precinct Caucus Day, and this meeting will have to adjourn by 6:00 p.m. City Coordinator Junker Sanitation has stated that Spring Clean-up Days will be April 28 and 29 and May 5 and 6, 1984. On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council approved that the City pay up to $140/month for hospital/medical insurance for non -union personnel and Mayor/Council. All in favor. The Board of Review will be held on May 8, 1984, from 2:00 - 8:00 p.m. at City Hall. On motion by Councilmember Bodlovick, seconded by Councilmember Farrell, the Council moved to sign the amendment to the February 16, 1979 contract with the Metro Council for administration of the Section 8 Housing Assistance Payments Program. All in favor. On motion by Councilmember Bodlovick, seconded by Councilmember Farrell, the Council moved to secure the services of Peter Racchini and Associates for $300, to perform necessary professional services for the construction of a new stairway in City Hall, to the lower level. A11 in favor. Nile Kriesel informed the Council that Liz Kraft will be updating the parking meter billing on the computer for approximately two days a month at $5.70/hour. Payment to her will appear on the resolutions for payment of bills. On motion by Councilmember Kimble, seconded by Councilmember Farrell, the Council moved to approve the Fire Protection Contracts for Grant Township ($34,573.00);08MayTownship ($19,5965 0)Aandin Stillwater Township ($27,511.00) for the period of May 1, 9 D favor. APPLICATIONS On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the following contractors licenses were approved. A11 in favor. Y.R. Sharp, Inc. General New 10907 93rd Ave. N. Osseo, MN Arrow Builders, Inc. General Renewal 1 W. Road Circle Pines, MN Do -All DecoMating Terry Williams 5675 Highlands Tr. N. Lake Elmo, MN Painting Schmulske Construction General 1770 Riviera Ave. S. Lakeland, MN New New On motion by Councilmember Bodlovick, seconded by Councilmember MacDonald, the following permit to gamble was approved: All in favor. David G.Junker (Stillwater Merchants Fast Pitch Softball) March 16, 1984 from 7:00 p.m. to 12:00 midnight at American Legion. Fund raiser. Activites to include games of chance. COMMUNICATIONS On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the Council moved to forward the claim from Antares Corporation for an accident on Myrtle Street on October 19, 1983, to McGarry -Kearney Insurance Company. A11 in favor. On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the meeting was adjournedADJOURNMENT at 11:20 p.m. A11 in favor. Attest: City Cler • •