HomeMy WebLinkAbout1984-06-05 CC MIN141) •
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STILLWATER CITY COUNCIL
REGULAR MEETING
JUNE 5, 1984
4:00 P.M.
The meeting was called to order by Acting Mayor Bodlovick at 4:00 p.m.
Members Present: Councilmembers Bodlovick, Farrell and MacDonald
Members Absent: Councilmember Kimble and Mayor Peterson
Others Present: City Coordinator, Kriesel
City Clerk, Kirtz
City Attorney, Magnuson
Finance Director, Caruso
Director of Public Works, Shelton
Director of Public Safety, Abrahamson
Zoning Administrator, Zepper
Consulting Engineer, Meister
Fire Chief, Chial
Main Street Manager, Reardon
Citizens: Robert Lockyear, Terry O'Brien, Mabel Johnson, Reuben Granquist,
Donald Nolde, Scott Koester
Press: Stillwater Gazette, Regan
Press Publications, Caine
INDIVIDUALS & DELEGATIONS
Parking Proposal - Main Street Commission
Mike Reardon, Main Street Project Manager, presented a proposal to the Council regarding
the removal of some ten-hour meters to encourage employers and employees to park free in
these spaces, leaving the downtown customers closer access to the businesses.
On motion by Councilmember Farrell, seconded by Councilmember MacDonald, the Council moved
to approve the Main Street Commission's recommendations for parking, as presented.
(per Project Director's letter of 5/31/84). All in favor.
Boom Company Liquor License
Terry O'Brien appeared before the Council regarding securing a liquor license for the
establishment formerly known as the St. Croix Boom Company. Dave Magnuson informed the
Council that the stay placed on the license because of the bankruptcy case, has been
lifted and the license is considered expired. The Council will take action on this item
at the 7:30 p.m. meeting.
Street Vacation - Bob Lockyear
Bob Lockyear appeared before the Council with a request to vacate a portion of North Third
Street between Aspen and Wilkins.
Mr. Kriesel informed the Council that the Water Board is opposed to this vacation because
they feel that the watermain should come down this street. Lockyear stated that he would
be willing to provide his own utility easement on this street, and even dig his own well
if he had to. He is requesting this vacation to provide access to Lot 2, Block 10 of
Carli Schulenbergs Addition.
Discussion followed regarding the feasibility of vacating the whole street or a portion
of the street, and the issue of utility easements.
On motion by Councilmember Farrell, seconded by Councilmember MacDonald, the Council moved
to hold a public hearing on the vacation of all or a portion of North Third Street, between
Aspen and Wilkins, upon presentation of petition for same. This hearing is to be held on
June 19, 1984 at 7:30 p.m. All in favor.
Granquist - Property Access
Reuben Granquist and Donald Nolde appeared before the Council to bring to their attention
that Mr. Granquist has a parcel of land, to the west of McKusick Lake, abutting Oak Glen
Development, that he has no access to.
The Council referred this to the Public Works Department. Mr. Shelton is to obtain the
appropriate maps and report back to the Council at the June 19th meeting.
Johnson - Pollution Complaint
Mabel Johnson informed the Council that there is outside auto painting and sanding being
done at 428 North Greeley Street. This painting and spraying is creating fumes that are
hazardous to her health. There was also a letter sent to the Council from Mr. Kermit Mohn
regarding the same complaint.
After lengthy discussion regarding the necessity of proving that this is a business and not
a hobby, Chief Abrahamson stated that the Police will continue to police the area and investigate
the ownership of the vehicles being worked on, hoping to prove that these are not the
occupant's vehicles.
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June 5, 1984
Fazendin Buildin - Condemnation
en Zepper informed t Council that the owners of the building known as the
Fazendin building at Chestnut and Water Street would like this building condemned.
Aftr discussion thee
edemolition ofr theabuildinguasr providedsfor inathehzoningrordinancroceed with
eP
Scott Koester - Lumberjack Days e it that they have someone who will bring a 80'
Scottdiameter Koester in fortedhe e+
permission ato placer this tank in the parkingLlotwest kofathe Lowell Park. This
item will be discussed later in the meeting.
PETITIONS
petition was received from residents of Orwell Avenue and Orwell Court North,
Orwell Avenue and Orwell Court
for the determination if their street(s) could be a part of an asphalt paving project.
On the
wasmintroduced, "RESOLUTION DECLARING ADEQUACY OF PETITION ANDrORDERINFarrell,
PREPARATIONOFresolution
REPORT' Ayes-3 Nays-0 (Resolution #7317)
Deer th Traffic cl ns
mottion y is SI member Farrell, seconded by Councilmember MacDonald, the Council moved
to place SLOW signs at both entrances to Deerpath, as requested by residents in that area.
All in favor.
STAFF REPORTS
Publu braet
C ref bra amson informed the Council that to date in 1984 there have been 137 DMI arrests
made. He stated that for every one of these arrests it takes 45 minutes to 1is hours for the
officer
ersontof duty
ttose kerandsprocess the arrest. He expressed concern over the overtime needed
as
Chief Abrahamson stated that he has been working with the FBI and detectives from other cities
with reference to the pipe bomb found in Stillwater.
Public Works the Council moved to
motion y Councilmember MacDonald, seconded by Councilmember Farrell,
post no parking signs on the east side of Owens Street, adjacent to Maple Manor Care Center.
All in favor.
Consultrn En ineer seconded by Councilmember Farrell, the Council authorized
n motion ordery roinct eeaber taof $5500 work to be done by
VisuaSewerean Seal. All in favor.
to chean 2895 feet of sewer line,
Zonin Administrator
en epper in ormed the Council that
thee. resiTheowner atre322swt Churchill
fix this has broken sewer lines
and raw sewage is running
into the On motion by Councilmember Farrell, seconded by Councilmember MacDonald, the Council moved to
authorized Dave Magnuson to proceed with drafting a notice to this property owner to see that
this situation is taken care of. All in favor.
Otni tiork
On notion by Councilmember MacDid57�30dPamby Alini nlfavorr Farrell, the following public
hearings were set for June 19,984at
Case No. 542 - Grant Ranum, 522 W. Hickory Street, Variance for oversize garage.
fence
Case No. 543 - Fredric Schmidt, 518 North 3rd Street, variance to erect 8' privacy
one inch from property line.
Case No. 544 - David Eichten, 517 W. Moore Street, variance for 3' variance so drip line
of detached garage can be on the property line. with request for
Case No. 545 - Delwin Peterson, 1303 S. 4th Street, Minor subdivision,
zero lot lines.
Case No. 546 - Norton Tucker, 1301 W. Orleans Street - Minor Subdivision.
motion by Councilmember Farrell, secondedFinance Director by Councilmember MacDonald, the Council authorized
n
Betty Caruso and Bonnie Kirtz to attend the Computer Symposium in Bloomington July 24-26,
184.
Registration is $45/person. All in favor.
June 5, 1984
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City Coordinator
A letter was received from Allen and Linda Reichow and William and Josephine Lecuyer,
asking that the assessments for L.I. 205 for Wildwood Pines 2nd Addition be apportioned
to Lots 1,2,3,5, and 6. They request that there be no assessments on Lot 4. The Council
asked Dave Magnuson to draw an addendum to the existing agreement regarding this and
present it to the Council for review.
It was moved by Councilmember MacDonald, seconded by Councilmember Farrell, to recess
the meeting at 5:50 p.m., to reconvene at 7:30 p.m. All in favor.
STILLWATER CITY COUNCIL
RECESSED MEETING
JUNE 5, 1984
7:30 P.M.
The meeting was called to order at 7:30 p.m. by Mayor Peterson.
Members Present: Councitmembers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson
Others Present: City Coordinator, Kriesel
City Clerk, Kirtz
City Attorney, Magnuson
Finance Director, Caruso
Zoning Administrator, Zepper
Director of Public Works, Shelton
Consulting Engineer, Meister
Director of Parks & Recreation, Blekum
Planning Commission Member, Mlecoch
Citizens: Jon udig, James Clay, ThomasnTerry OLinda Hines,
Loome. Mr.Cllayton,Steven
Clydet nRoettger, James Webster
Press: Stillwater Gazette, Regan
Press Publications, Caine
The Invocation was given by the City Clerk.
APPROVAL OF MINUTES
On motion by Councilmember Bodlovick, seconded by Councilmember MacDonald, the minutes
of the regular meeting and the recessed meeting of May 15, 1984, were approved. All in
favor.
INDIVIDUALS & DELEGATIONS
Terry O'Brien - Liquor License
Terry O'Brien again reviewed his plans for the building previously known as the Boom Company,
with the Council, stating that there will be 14,600 sq. ft. total in the building. The basement
will be used for storage, the first floor for retail shops and a restaurant and the second
floor for a saloon and retail and/or office space. The front of the building will be renovated
with a walkway from Main Street to Water Street. The total cost of the project will be
approximately $475,000.
Dave Magnuson stated that one liquor license can be used for both the restaurant and the saloon
if there is continuity between the two and they remain under the same ownership. Mr. O'Brien
stated that the restaurant and saloon will be integrated.
Councilmember Kimble arrived at this point in the meeting.
Mayor Peterson asked if the new establishment will have bands and dancing and Mr. O'Brien
stated that if they do, the bands will be small because of the space limitation.
On nation by Councilmember Bodlovick, seconded by Councilmember Farrell, the Council moved to
approve the On -Sale Intoxicating Liquor License and the Sunday On -Sale Liquor License for
SOBS, Ltd., contingent upon proof of liquor liability insurance being filed and the conceptual
plans for the establishment being filed with the City. A11 in favor.
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June 5, 1984
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PUBLIC HEARINGS
Case No. 535 - William Stouvenel (8552 Lake Jane Trail, Lake Elmo) - Variance
This is the day and time set for the public hearing on Case No. 535, submitted
by William Stouvenel for a 2 1/4' sideyard variance and a minor subdivision.
The subdivision will be to divide a parcel into two single-family lots(existing
home fronts on 1st Street and proposed lots to front on Stillwater Avenue). The
notice of hearing was published in the Stillwater Gazette and mailed to property
owners within 300'.
Mayor Peterson read a letter from Mr. Stouvenel, withdrawing his request for a
variance in Case No. 535.
Case No. 528A - Jon Ludwig, 713 N. 4th Street - Front Yard Variance for Porch
lhis is the day and time set for the public hearing on Case No. 528A for a
variance request submitted by Jon Ludwig, 713 N. 4th Street, for a front yard
variance for placement of a front porch. Notice of the hearing was published
in the Stillwater Gazette and mailed to property owners within 300'.
Colleen Mlecoch of the Planning Commission informed the Council that they
unanimously approved this variance request.
Mayor Peterson closed the hearing.
On motion by Councilmember Bodlovick, seconded by Councilmember Kimble, the
Council granted the variance in Case No. 528A for a front yard variance submitted
by Jon Ludwig, as requested. All in favor.
Case No. 531 - James Poynter (911 S. 5th Ave.) - Variance for Garage. This is the day and time set for the public hearing on Case No. 531, submitted by
James Poynter, 911 S. 5th Avenue, for an 81/2 foot variance to build a garage in the ,.-
front yard. Notice of hearing was published in the Stillwater Gazette and mailed to
property owners within 300'.
Mr. Poynter stated that he has a hardship due to the City not maintaining Hudson Street,
thus not allowing access to his garage. Colleen Mlecoch stated that the Planning Commission
denied this request and asked that the City improve maintenance on this street.
Jack Shelton stated that maintenance and snow removal is extremely difficult in this area.
There is no place to push snow. He agrees that there is indeed a hardship in this case.
Councilmember Farrell stated that when this case was brought to the Planning Commission, it
was stated that the hardship was caused by the City not properly maintaining the street.
He stated that a citizen should not be given a variance because of something that the City
is not doing. He continued by stating that his motion at the Planning Commission stated that
if the City cannot resolve the hardship, then the variance should be granted. After hearing
Mr. Shelton's testimony, he now believes that there is indeed a hardship and the variance
should be granted.
After no further discussion, the Mayor closed the hearing.
On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the Council moved to
grant the variance request as submitted (8ia' for garage in front yard) and also to grant
a variance for garage space over the square footage specified in the ordinance. All in -.
favor.
Case No. 532 - Ronald Axdahl (13440 Boutwell Road North) - Special Use
This is the day and time set for the public hearing on Case No. 532, submitted by Ronald
Axdahl for a special use to operate a small machine shop from the garage at 13440 Boutwell
Road North. Notice of hearing was published in the Stillwater Gazette and mailed to property
owners within 300'.
Mr. Axdahl stated that this would be a one-man operation and there would be no traffic
coming or going to the site. It was noted that this request was approved by the Planning
Commission.
Mayor Peterson declared the hearing closed.
On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council moved to
approve the special use permit requested by Ronald Axdahl, to operate a small machine shop
from the garage at 13440 Boutwell Road North. All in favor.
Case No. 533 - Duane Ahles (414 N. 4th Street) - Special Use
This is the day and time set for the public hearing or. Case No. 533, submitted by Duane
Ahles, for a special use to run a mail order operation from his home at 414 N. 4th Street.
Notice of hearing was published in the Stillwater Gazette and mailed to property owners within
300'.
It was noted that Mr. Ahles did not appear at the Planning Commission, thus no action was taken.
On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the Case was •
tabled until considered by the Planning Commission. A11 in favor. —
Case No. 534 - Clyde Clayton (324 N.4th Street) - Variance
This is the day and time set for the public hearing on Case No. 534, submitted by Clyde
Clayton, 324 N.4th Street, for a 5' sideyard from living space variance. Notice was
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June 5, 1984
published in the Stillwater Gazette and mailed to property owners within 300'.
Colleen Mlecoch stated that the Planning Commission approved this request with the
condition thatMr. Clyton and Mr. Loome (neighbor) come to an agreement foras screen
s to the
property boundaries. She also stated that the variance was applied
porch and Mr. Clayton plans on building a 4-season porch.
Mr. Loome stated that this addition would make a very large structure on a small lot.
He stated that he and Mr. Clayton have made some trade-offs and Mr. Clayton will remove
the encroachments onto Mr. Loome's land, but he still fails to see the hardship created
by abiding by the zoning ordinance in this case.
Mayor Peterson asked if when the new garage was built, was the porch planned and supports
put in the garage for this. Mr. Clayton stated that they have 2 x 10's every 1 foot on
center to support the porch.
After discussion, bbut was
byed thehat the Zoni g Administratorconstructed
theshould
ordinance permittedrred
the
a variance, p
garage to be built 5' from the sideyard line, whereas Mr. Magnuson determined that this
should have been built 10.95' from the sideyard line.
Mr. Loome stated that
blockiis not ng his view.edHeostatehe dathat note as r extendingnow,
thistporchtton theextending
this structure up,
the garage is not a hardship but a convenience to one and an inconvenience to another.
Mayor Peterson closed the hearing.
On motion by Councilmember Kimble, seconded by Councilmember Bodlovick,
fththe
Council moved to
deny the variance request in Case No. 534, submitted by Clyde Clayton,
from living space variance for a porch. Ayes; Councilmembers Bodlovick, Farrell, Kimble and
Mayor Peterson. Nays; Councilmember MacDonald. Motion carried.
Case No. 536 - Steven Roett er 201 W. Olive Street - Variance for Gara e
is is t ay and time set or the pub is hearing on Case No. 36 su itted by Steven
Roettger, 201 W. Olive Street, for a 426 square foot variance for an oversize garage.
The notice of the hearing was published in the Stillwater Gazette and mailed to property
owners within 300'.
Allen Zepper stated that Mr. Roettger is going to convert a duplex into a tri-plex and
for this needs three enclosed parking spaces, thus he is requesting this variance to
construct a three -car garage.
Mayor Peterson asked if there is a hardship that requires him to make a tri-plex out of
a duplex. Mr. Roettger stated that the house is too large for a duplex.
Colleen Mlecoch reported that the Planning Commission unanimously approved this variance
request.
Councilmember Farrell stated that he has more square footage in the present garage than he
needs for a three -car garage, but the configuration is wrong.
Mr. Magnuson stated he believes that Mr. Roettger is entitled to a variance for a tri-plex
with a two -car garage, or a tri-plex with a three -car garage.
On motion by Councilmember MacDonald, seconded by Councilmember Kimble,
the vavarianceasubmitted
by Steven Roettger for a 426 sq. ft. oversize garage variance is applro
r.
Case No. 539 - James Webster (310 W. Wilkins) - Special Use
This. the day, and for at forhe
ic to hearing
on outbuilding g asse 39 officer spacebandaminoreshopr,
310 W. Wilkins,
work for outside contract labor (welding). Notice of the hearing was published in the Stillwater
Gazette and mailed to property owners within 300'.
Colleen Mlecoch stated that the Planning Commission approved this request with a one-year
renewal stipulation.
Mr. Webster stated that there are presently two outbuildings on his property, but he will
remove one of these if the special use permit is granted. Mayor Peterson asked if he plans
on having any advertising signs and Mr. Webster stated that he did not.
Mayor Peterson closed the hearing.
On motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the special use permit
submitted by James Webster for use of an outbuilding as office space and minor shop work
for outside contract labor (welding) at 310 W. Wilkins Street, be approved as presented, with
permit renewal in one year. All in favor.
The Mayor declared the meeting recessed at 9:00 p.m., to reconvene at 9:05 p.m.
UNFINISHED BUSINESS
City Hall Stairway Bids being:
Two bids were received for the City Hall stairway, g:
George W. Olsen Construction $ 7,341.00
George Siegfried Construction 8,994.00
On motion by Councilmember Bodlovick, seconded by Councilmember Kimble, the resolution
was introduced, "ACCEPTING BID FOR CONSTRUCTION OF LOCAL IMPROVEMENT" Ayes-5 Nays-0
(Resolution #7321)
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June 5, 1984
Griffith Power Pole
On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the Council
authorized payment of $150.00 for the power pole in Lowell Park, belonging to Captain
Griffith, as recommended by the Port Authority. Ayes; Councilmembers Bodlovick, Kimble,
MacDonald and Mayor Peterson. Nays; Councilmember Farrell. Motion carried.
NEW BUSINESS
0n motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the resolution
•vas introduced, "DIRECTING PAYMENT OF BILLS" Ayes-5 Nays-0 (Resolution #7316)
COUNCIL REQUEST ITEMS
Cable Commission
On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the reappointment
of Ann Bodlovick to the Cable Commission for a three-year term was confirmed. All in favor.
Parking at Trinity Lutheran Church on North 4th Street
There was discussion regarding the parking problem on North 4th Street adjacent to the
Trinity Lutheran Church. It was noted that the emergency vehicles have a hard time
maneuvering when cars are parked in this area. The church will be contacted so that
they can attend the next meeting for further discussion on this item.
Dutch Elm Trees
Jack Shelton will prepare a program to provide for notice and removal of Dutch Elm diseased
trees.
STAFF REPORTS (continued)
Consulting Engineer
W. Orleans Street - On motion by Councilmember Kimble, seconded by Councilmember MacDonald,
the Council introduced the resolution, "RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT" Ayes-5 Nays-0 (Resolution #7318)
Finance Director
Betty Caruso presented costs to the Council regarding upgrading of the City's present
computer system, or purchase of a new system.
On motion by Councilmember MacDonald, seconded by Councilmember Kimble, the Council
authorized the purchase of the IBM System 36, printed, display station and software.
All in favor.
Public Safety
On motion by Councilmember Kimble, seconded by Councilmember endlovick, the Council moved
to charge all organizations needing part time officers $10/hour per man for these services.
All in favor.
APPLICATIONS
On motion by Councilmember Bodlovick, seconded by Councilmember Kimble, the following contractor's
licenses were approved. All in favor.
Raymond Bernard Painting Painting
14631 St. Croix Tr. N. - Marine
Certified Marketing Corp. Insulation
AA-1 Certified Remodelers
7420 Unity Ave. N. - Brooklyn Park
Walter LaRoche
14760 Scandia Tr. N. - Scandia
LeRoy Signs
6325 Welcome Ave. N. - Mpls
Northern Fire Protection
12501 N. Lexington - Blaine
The P.emodelers Inc. of Hugo
14667 Forest Lake Blvd - Hugo
Galen Schilling Construction
Rt. 2 - Somerset, WI
Tech Con Services, Inc.
Faribault, MN
Steve Zigan
15077 8th St. N. - Stillwater
General
Sign Erection
Install sprinkler
General
General
General
General
153`,
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June 5, 1984
APPLICATIONS (continued)
0n motion by Councilmember Kimble, seconded by Councilmember Farrell, the following applications
were approved. All in favor.
L. Dale Register
110 W.Cherry Street
Ray Bressler
643 Croixwood Place
Robin Hobberman
6120 Osborough Ave.
Roberta Opheim
Abbott -Northwestern Hosp.
St. John's Lodge 41 (Masonic Lodge) for picnic on June 23, 1984
from 1:00 - 4:00 p.m. in Pioneer Park. - PERMIT TO CONSUME
Stillwater Jaycees - Softball tournament at Lily Lake and Croixwood
Fields on June 9 & 10, 1984, from 8:00 a.m. to 11:00 p.m.
PERMIT TO SELL AND CONSUME.
Softball tournament - July 14 & 15, 1984 - Lily Lake and Northland
Fields PERMIT TO SELL AND CONSUME
Downtown Retail Council - July 4, 1984, 12:00 noon - 11:00 p.m.
Fund raiser for fireworks. PERMIT TO SELL AND CONSUME
Pioneer Park on June 24, from noon to 5:00 p.m. - Health Science
Library picnic. PERMIT TO CONSUME
COMIUNICATIONS
On motion by Councilmember Badlovick, seconded by Councilmember MacDonald, the claim from
Joseph R. Eichten was referred to McGarry -Kearney Insurance Company. All in favor.
Community Development Block Grant
0n motion by Councilmember Kimble, seconded by Councilmember Bodlovick, the following resolution
was introduced, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND CERTIFICATIONS" Ayes-5
Nays-0 (Resolution 47319)
City Attorney
Dave Magnu_un discussed the raising costs of his office operations vs. his retainer secured from
the city. This will be discussed at a later date.
City Coordinator
On motion by Councilmember Kimble, seconded by Councilmember MacDonald the Council authorized
the Mayor to sign the agreement with the American Wind Orchestra to perform in Stillwater.
$14,650 of the $15,500 has been pledged to date. All in favor.
Traffic Signals - Nile Kriesel informed the Council that the signal at Highway 36 and
Greeley Street will be upgraded and there will be a new signal installed at Highway 36
and Washington Avenue. A cost sharing agreement will be forwarded to the City for consideration.
M.E.E.D. Employee - On motion by Councilmember MacDonald, seconded by Councilmember Kimble,
the resolution was introduced, "RESOLUTION INCREASING COMPENSATION FOR EMPLOYMENT". Ayes-5
Nays-0 (Resolution 47320)
City Engineer
Interviews for City Engineer position will be held on June 11, 1984 beginning at 3:00 p.m.
Adjournment
On motion by Councilmember Kimble, seconded by Councilmember MacDonald, the meeting adjourned
at 10:30 p.m. All in favor.
Attes
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