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HomeMy WebLinkAbout1984-09-04 CC MIN• 183y. • REGULAR MEETING The meeting was Matters Present: Members Absent: Others Present: Citizen STILL/ATER CITY COUNCIL SEPTEMBER 4, 1984 7:30 P. M. called to order by Mayor Peterson. Cotmcilmerbers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson. None City Coordinator, Kriesel. City Clerk, Klotz Finance Director, Caruso City Attorney, Magnuson City Engineer, Meister Director of Public Works, Shelton Director of Public Safety, Abrahamson Parks & Recreation Director, Biekum Zoning Administrator, Tepper Consulting Engineer, Davis Planning Commission Chairman, Vania Bruce, Folz, Dennis Sullivan, Norton Ticker, Al Renum, Les Schwalei, Don Kiesla, David Jotmson, Jotm Ertle, Louise & George Spears, Delores Ready, Diana Storbakke:, Nancy Putz, Wayne Noreen, Jim Lammers, Earl Domfeld, James Aysta, Myron Scullen, Elmer Foster, Veryl Stone, Ernest & Collette Preimesberger, Fred Westcott, Marty Froehner Press: Press Publications, Iandkamer APPROVAL OF MINUTES On motion of Ommcilmenber Bodlovick, seconded by 4Rmcilmember Kimble, the minutes of the following meetings were approved: (all in favor) August 21, 1984 August 21, 1984 August 23, 1984 Regular Meeting Recessed Meeting Special Meeting 4:30 P. M. 7:30 P. M. 4:30 P. M. IEIDNIDUAIS & DEIFY`ATICVS OAK GLEN 4TH ADDITION - BRUCE FOLZ On motion of Councilnamber Kimble, seconded by Camcilina:ber Bodlovick, the Final Plat for Oak Glen 4th Addition for 29 lots, was approved as presented by Bruce Folz. (all in favor) DAS WORST HAUS - SIDF47ALK SATF DON KIEI$A of Des Worst Haus appeared before the Cbuncil asking permission to hold a sidewalk sale for his grand opening on September 15 & 16, 1984. After it was understood that there would be no picnic tables on the sidewalk and rant to pass on the sidewalk so that pedestrians would not have to walk in the street, it was roved by Cbuncilnether Farrell, seceded by m:mcilna:ber Bodlovick, to allow a sidewalk sale by Das Wurst Haus for September 15 & 16, 1984. (all in favor) CtCNN 0D SHOES - DAVID JQI4SON Connco Shoes is requesting the removal of two parking meters so that they can utilize their delivery doors on Wmiercial Averse. After much discussion regarding possible alternatives, it was the consensus of the Council to allow CmnCo Shoes to bag the two meters when they ]maw that deliveries are going to be made. This would allow parking in these two spaces when deliveries are not being made. PUBLIC HEARINGS —Vacation of a Portion of South Fifth Street. This was the day and time set for the public hearing for consideration of vacating a portion of South Fifth Street abutting lots 6, 7, 8 and 9, Block 22 of the Original City. Notice of the hearing was published in the Stillwater Gazette and mailed to property owners within 300 feet THE MAYOR OPENED THE HEARING. It was noted that the balance of South Fifth Street adjacent to Block 22 has already been vacated and that the City sees no reason not to vacate the portion that is now veing requested. On motion of Councilmetber Bodlovick, seconded by Councilmember MacDmrild, a resolution was introduced, "RESOLUTION VACATING PART OF SOUTH FIFTH STREET'. (Resolution No. 7358) Ayes--Councilmetbers Bodlovick Farrell, Kimble, MacDonald and Mayor Peterson. Nays--rtne —CASE NO. 546A - NORION TUCKER This was the day and time set for the continued public hearing for Case No. 546A submitted by Norton Tucker, 1301 West Orleans Street, for a minor subdivision to split a 1.3 acre lot. Notice of the hearing was published in the Stillwater Gazette and mailed to property owners within 300 feet. • • 1'84 September 4, 1984 - continued • Case No. 546-A - Norton Tucker - continued The Mayor opened the hearing. It was determined that the drawing that was presented was not a registered survey, but a drawing done by Tucker himself. DAVE MMNUSON stated that the ordinance reads that when applying for a minor subdivision, a registered survey must be submitted. There was discussion regarding the feasibility of looking at the whale area for possible sub- di:Vision and the affect that this subdivision would have on the area. DAVE HPGITS-,CN stated that the presented information was law they bete, lob, asaffacsurey of neighboring and ground items and the feasibility of improvements properties is needed. THE MAYOR CLOSED THE HEARING. On motion of Councilmenber Bndlovick, seconded by Councilmember Kimble, the Council moved to continue this hearing until such time that a survey is obtained from a registered land surveyor. Kan Meister is to update the feasibility costs to present at this time, also. VOTE CN THEMOTION: Ayes—Council_-Council:umber Farrell. Kimble, (Motion d and Carried)Mayor Peterson dm-P NO. 553 GFAOGE SPEE S VARIANCE MECUM This was the day and time set for the public hearing on Cate No. 553 submitted by Georrg Speers, for 1229 Third Avenue SOnth f , for a four foot six inch sideyard variance for expansion of the current single mar garage into a two -car garage. Notice of hearing was Published in the Stillwater Gazette and nailed to property owners within 300 feet. The Mayor opened the bearing. MR. SPEERS presented his plans to the (Ixncil - Ms. Vanis stated that the Planning oinmission denied this request because no hardship was sham. Discussion followed regarding the need for a maintenance easementwith the �iance is igghbor ordto the north, as there is only six inches betweenproperty if JIM LA MERS, representing Jerry Bra, current owner, stated there is some discrepancy as to the property lines, and there may currently be eleven feet from the current garage to the property line instead of scion feet This will bave to be surveyed to find the exact property line. DAVE MAGNUSO'1 stated that in this case, the previously placement of the house could be considered a hardship. The placement of the houselhavets the utmost use of the property. NN MR. BRO that stated that he now realizes that he should uldd have built a Lwo-cer' garage, but in 1950 a single car garage was sufficient. MAYOR PETERSON (Anse':, TE'.E HEARING. On notion of Co ncilmanber Kvrble, seconded by Councilmenber Bodlovick, the COuncil moved to grant the variance, with the proposed addition being hp to six inches from the sideyard property line, contingent upon the neighbor to the north, Jahn Ogren, granting a maintenance easement for the maintaining of said garage addition_ WITS ON THE MGPION - Nays —Conncilmenter Farrell ck Kimble (motion ccaarrranddd)Mayor Peterson (Mayor Petersen declared the meet' recessed at 9:10 P. M., to reconvene at 9:20 P. M.) --CASE NO. 554 - ANElA DOIORES READY - SPECIAL USE PERMIT This was the day and time set for the public hearing an Case No. 554 submitted by Dolores Ready, 916 South Sixty Street, for a Special Use Permit to start a freelance editing business in her home. Notice of the bearing was published in the Stillwater Caxette and nailed to property owe rs within 300 feet THE MAYOR OPINED THE HEARING. MS. READY stated that she will have no advertising signs, and no deliveries or pick-ups. Upon no further comments, Mayor Peterson delcared the hearing closed. On motion of oDuncilmenber Bodlovick, seconded by Council:meber Kimble the Council moved to grant the Special Use Permit to Dolores Ready es requested. (all in favor) • • • ems September 4, 1984 -- continued • 185' • .e 1 —CASE NO. 555 - FIRST CHURCH OF CHRIST SCIENTIST - SPECIAL USE PERMIT Tjis was the day and time set for the public hearing on Case No. 555 submitted by First Church of Christ Scientist for a Special Use Permit to amstruct a church in a residential Zone at South Everett and Churchill Streets. Notice of the hearing was published in the Stillwater Gazette and mailed to property uaners within 300 feet. The Mayor opened the hearing. the EARL IIORNFELD, Building Chairman for the church, presented their plans for/church, stating that the land purchase is contingent upon the approval of the Special Use Permit. Their church was formerly at Mulberry and North Third Street, but had to be sold. They have a small congregation, currently 25 in number. Their proposed building would be 28 feet by 72 feet and be residential in appearance. Parking would be provided for 14 cars plus one handicap space. There would be no parking on Everett or Churchill. COUNCIIIIEMBER FARRELL asked if there would be any outside chinas or bells and MR. UC NFEID stated that there would be no outside noise. There would be no steeple, but a small spire that would be no taller than a flag pole. MS. VANIA stated that the Planning Caimission approved this Special Use Permit. MR. IXNRFELD states. that they would purchase both lots in question, Parcel 2 and 3, but at present would only build on Parcel 3. AUER ZEPPER stated that technically there could be three duplexes upt on these two parcels and that the area is zoned for this, R-2. 3lM AYSTA, the seller, stated that he bought the property in 1979. He feels that the church is a good use for this property, as there could be three duplexes there. The street is wide enough for the traffic and Parcel 2 could be used as a buffer zone for the neighborhood. MYRON SPJIdRN presented a petition that was signed by neighbors. He stated that of the 52 notices of hearing that were sent to neighboring property owners, 43 were contacted and he received 60 signatures on the petition. EDRR FCST'ER stated that the residents want to preserve the neighborhood as is. He asked that the Concil consider the wishes of 60 residents over one organiztion. He stated that if the Council has the sense to preserve this area, he mould do everything in his power to purchase the subject parcels to preserve as is, or alit- single family dwellings. MAYOR PETERSCN asked if Mr. Foster had made an offer on this land and MR. rwTER stated he had not because he thought Mr. Aysta was going to build his hare there. VERYL STOIC agreed with Mr. Poster's feelings, stating that there is nothing to keep this church fran growing once it is in the area. He feels that the people should to protected. ERNEST PRED4E'SBEROER questioned the future of the lots if the church is allowed to build there. He stated that there is nothing to prevent the church from selling their building for four-plexes, as they did in the last. MARTY FROEiNER stated he is a first -tine home buyer and he feels that the property value will drop if the church is constructed He also questioned the future of Parcel 2. He stated ^^' his opposition to the larch construction. NINCIIME4BER 80DLOVICC asked the City Attorney what course of action the Council can take in this issue. The signatures oppose the Special Use, but does the council have the right to deny? DAVE MPavSON stated that it is the Council's discretion what action to take.but there are rules that must be followed. He continued by sating that churches are a permitted use in a residential zone and substantial reason not to grant must be shown. This reason must be related to injury of the neighborhood and harm to the public welfare by traffic, odor, noise decrease in property value, etc. The Supreme Court has detentiee that objection from the neighbors is not enough to base denial on. It is not the number of opponents, but the quality of the protests. FRED HIST S7Ff (Church member) stated that the subject location is very convenient for the church. The building would not be an eyesore or detrimental to the community. There would be no excess traffic or noise problems. They would have no community meetings or dinners and would be a benefit to the community. EIMER kwt'k:R stated that if the permit is rejected, the public welfare would be protected. The case is very strong against this church as this is not the proper use for the property. Twelve to fourteen cars with lights and noise is certainly disturbing to the privacy of the residents and reasonable cause for denial. MAYOR PE E S(N stated that he does not agree with some of the opposition to this church, stating that the traffic would not be as great as if there were duplexes on these lots. He stated that the residents should consider the option. Mayor Peterson closed the public hearing. • • September 4, 1984 -continued CASE 555 -First Church of Christ - continued COUNCIIWNBER FARRELL stated that this church has been in existence in Stillwater. since 1320 and can't s-e telling then that they can't to in Stillwater. He stated that there is not a "church zone and that throughout Stillwater. ch-ucir.^ are scattered in-esidential. areas. JOUNCIIME48ER KIMBLE stated that the church steeples are a part of Stillwater. With irendam of religion, he can't see how the Council can deny this request. Discussion followed regarding the possibility of taking enough footage fran Parcel 2, adding it onto Parcel 2, to prohibit the possibility of a duple:: being built on Parcel 2. The possibility of incorporating the two parcels into me parcel was also brought up. an notion of Councilmenher Farr,11, seconded by Counciimar.`.er Kimble, the Council nrmed to approved the Special Use Permit for the First Church of Christ to constrict a church in a residential zone, with the coalition that 25 feet of Parcel 2 be added onto Parcel 3. Mayor Peterson stated that the issue is whether a church shoulabe allowed in a residential zone, not what should happen to the other parcel. (ComciLnarters Farrell and Kimble withdrew their motion) . Ch motion of Ccncilnurber Farrell, seconded by Cotncilnnther Kimble, the Council roved to approved the Special Cue Permit for the First Church of Christ Scientist for construction of a church in a residential zone an the corner of South Everett and West Churchill Streets as requested. VOTE CN THE MOTIai -Ayes—Cbtmcilnsthers Farrell, Kimble and Mayor Peterson Nays--Comcilmenbers MacDonald and Bod'ovick. (notion carried) UNFINISHED BUSINESS _Term r4pRCNE4ENT NO. 219 - 1984 STREET OVERLAY JEFF DAVIS of Short -Elliott -Hendrickson, Inc., reviewed some revised cast and assessment figures for Croinumd Boulevard. Nile reported that he contacted the School District and they are not receptive to contributing any more to the street's itprovament than any other property owner. MR. RANUM stated that the School Board feels that they should be treated no differently than anyone else. DENNIS SULLIVAN stated that he has been paying taxes for twenty years and a portion of this goes for street maintenance. The School District has not been paying these tam-. He feels that the school should neke a contribution over and above the property owners. On notion of Cancilme^tor MacDonald, seconded by Coujncilnember Kimble, a resolution was introduced, "RESOIIJFI(N QOFRING IMPR PNENF AND p2EPARAT1CN OF PLTd15 FCR ILr'AT IMPRWENENT N0. 219" (Resolution No. 7359) AYES—Cbuncilmadlers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson Nays —None —Cn motion of Counciinarter Bodlovick seconded by Councilnamber Kimble, the Council directed that the City Clerk advertise for bids for the tuckpointing and other repairs for the Library with said bids to be returnable an Thursday, Sep:anber 27, 1984 at 11:00 A. M.. (all in favor) NEW BUSINESS 1. Rn notion of Comcilmerter Kimble, seconded by Cbrmciluemter Bodlovick, a resolution was introduced "RESCLUT'ION DIRECTING PAYMENT OF BILLS". (Resolution No. 7357) Ayes—Councilnetters Bodlovick, Farrell, Kimble, MacDonale. and Mayor Peterson Nays —None 2. Planning Commission Aroointments. Ch notion of Councilnanber Bodlovick, seconded by Councilnetber Kimble, the Council endorsed the appointment of Ron Vitro and Gerald Fontaine to the Planning °omission. (all in favor) COUNCIL REDU".ST ITEMS 1. BUS ROUTES - Ken Meister will review the City streets for possible bus routes and street postings. 2. LIBRBARY BOARD - Mayor Peterson informed the Council that Helen Debvig has resigned fran the Library Board and a replacement will be considered at year end. 3. MINNESOTA RCCN AT LIBRARY On motion of Councilrtenher MacDonald, seconded by Concilnetber Bodlovick, the account for the Tour Booklets, in the amount of $535.00 was closed out, with these monies to go for improvement of the Minnesota Room at the Public Library. (all in favor) 4. CHILIKOOT HILL Qn notion of Councilelar er Bodlovick, seconded by Councilnatter MacDonald, the Council noved to post Chilikoot Hill for "no parking" on either side. (all in favor) 7 5. PUBLIC WORKS E:nPUNPTh On notion of Cou ncilmenber Bodlovick, seconded by CamcilmanCer MacDonald, the Council roved to employ Steve Berger and Joe Ritzer fir an additional two weeks. (all in fiver) STAFF REPORTS PUBLIC WORKS --Cn :ration of Couicilnanber Bodlovick, seconded by Councilnmber Kimble, a resolution was introduced, "RE50LUTION ACCEPTING BID - IPD ELECTRIC". (Resolution No. 7360) Ayes —Oouncilme hers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson Nays —None --SEWER BACK-UP On notion of Cooncilmanber Kimble, seconded by Counciiratter Bodlovick, the Council moved to have a backflow valve installed at the Kempf residence at 1206 South Fourth Street (all in favor) PARKS & RIXREATICN — DICK BLFICIM informed the Council that the Assistant Manager for the Ice Arena, Tan Herbst, has resigned. Ch motion of Councilmerber Kimble, seconded by Councilmember MacDonald, the Council moved to have Scott Schell work at the ice arena on a temporary basis as a maintenance man until sane pernanent arrargermts can be made. (all in favor) - -an notion of Ccmcilnenber Kimble, seconded by Coumcilmanber MacDonald, the Cnimcil roved to have a sidewalk installed to the new restroan facilities in Lowell Park. (a11 in favor) FINANCE DIRECICR —C: motion of Oomcilmenber Kimble, seconded by mmcilnerber MacDonald the budget hearing for the Revenue Sharing Funds will be held on septenber 25, 1984 at 7:00 P. M. (all in favor) CITY COORDINATOR — There will be a meeting on September 10, 1984 at 4:00 P. M. to discuss negotiations with AFSCNE. — The Bond Sale meting is scheduled for Septerber 11, 1984 at 4:30 P. M. — The improvement Hearing for Penthouse Acres is scheduled for September 13, 1984 at 7:00 P. M. —NILE FRIESEL informed the Council that he received a request to use the Council Chambers every Sunday evening for church meetings. DAVE MAGNUSCN stated that the City cannot prohibit free exercise of religion, but the government also can't attribute to the establishment of religion. Ch these grounds, it was nosed by Councilneter MacDonald seconded by Cbumciineter Farrell, not to allow regular church meetings in the Council Chambers. (all in favor) --NIILE KRTESET informed the Council that the Chanter of Commerce has asked for exclusive use of Nowell Park for October 6 and 7, 1984, for the MANGE OF SEASONS ktSTIVAL. (NO action was taken on this item at this time). - -TRAFFIC SIr2AL - WASMIZTC14 AVENUE AND HICabAM 36 Rn motion of Comcilmedmer Bodlovick, seconded by Comcilmenber Kinble, a resolution was introduced "R60UJTICN INTERRING INTO AGREEMENT WITH STATE OF MINNESOTA FOR TRAFFIC CONTROL SIGNAL" . (Resolution No. 7361) Ayes --Con ncilnenbers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson Nays --None — Trcm' N4PR0'✓UIENT NO. 221 - INIERW2BT7 TO MID OAKS On notion of Councilnanber Kimble, seconded by Councilnanber Bodlovick, the Council roved to table any acticn on Local Improoarent No. 221, the improvement of Interlachen Drive fran Northland Avenue to Mid (etc. (all in favor) APPLJCATICNS On motion of cou ncilmember MacDonald seconded by Council tuber Kimble the following Contractor's Licenses were approved: (all in favor) Workmen Excavating & Landscaping General New Janes Semple 308 E. Jassamine, Stillwater %,z' Hjelseth Home Building General New 234' Top Hill Circle Roseville ille Master Services 7340 Manning Ave. N., Stillwater Excavators New • September 4, 1984 - continued ADJOURNMENT On notion of Council meter Kimble, seconded by CounciIne:ter Bodlovick, the Council moved to adjourn the meeting at 11:30 P. M. (all in favor) Attest: City Coordinator