Loading...
HomeMy WebLinkAbout1984-11-08 CC MIN223` • • STILLWATER CITY COUNCIL NOVEMBER 8, 1984 7:30 P.M. REGULAR MEETING The meeting was called to order by Mayor Peterson. The invocation was given by the Secretary. Members Present: Councilmembers Bodlovick, Farrell, MacDonald and Mayor Peterson. Members Absent: Councilmember Kimble Others PretauL: City Coordinator, Kriesel Finance Director, Caruso Secretary, Schnell City Attorney, Magnuson Public Safety Director, Abrahamson Engineer, Meister Planning Commission Chairman, Vania Tom Brownson, John Hoffoss, Bob Peterson, Jim Francis, David Vesall, Citizens: Gerald Galowitz, Tom Cropp, Mrs. Wayne Norman, Frank Tuckner, Mike Reardon. Press: None APPROVAL OF MINUTES On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, minutes of the following meetings were approved: (All in favor) Special Meeting 4:30 P.M. September 11984 Special Meeting 4:30 P.M. September 11, , 1984 Regular Meeting 4:30 P.M. October 16, 1984 Recessed Meeting 7:30 P.M. October 16, 1984 INDIVIDUALS 8 DELEGATIONS Out of Order) 1. MIKE area andR0heN mapmp rferod eDfiockrl matterewhichl was8disk cusn sedeat theewn last Downtown Council meeting. The proposed rink will be on the Levee Road with no warming house and the area is lighted. It is proposed that this rink would be a trade- off for the rink at Schulenberg which has not been utilized very much the past few years. On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, the Council approved the ice skating rink on the levee road in Downtown Stillwater for this skating season and allow the trade-off for the Schulenberg Rink. (All in favor) 2. MIKE ayASOoingoseasons whichhwouldtbe startingpThanksgivinge Day wand wforn area arking in ending on January 2, 1985. the Holiday Shopping On motion of Councilmember Bodlovick, seconded184 to 8.00cilmember A.M. Januaryr2711985. Council (Alll in favor) authorized the free parking frommNovember 22, PUBLIC HEARINGS 1. Ca a No 566 Tom Brownson request for permission for apartment, r315 So for Third Street.mission to This was the day and time for the public hearing on Case No. 566 for an apartment on the top floor at 315 South Third Street. the official newspaper of Notice of the hearing was published in the Stillwater Gazette, the City, on October 24, 1984 and copies were mailed to all property owners within 300 feet. THE MAYOR OPENED THE PUBLIC HEARING. hTOM ROWNSNad rrequestedethatl hedhave onepcovered and one nuncoverednparking fordicated t this apartment. Ilethe Planning Commission his roosal to the is proposing to fill in the property between his and the Nolde Office building to bring up the level of the property and put in a retaining wall. This would provideefour pirkingosells for his building if they park diagonally. If he puts in the garage, hill this parking area. No one appeared for or against this proposal. THE MAYOR CLOSED THE PUBLIC HEARING. On motion of Councilmember Farrell, seconded by Councilmember MacDonald, the Council approved the Special Use Permit for Tom Brownson for an apartment on the top floor of his building at 315 South Third Street with the four off-street parking spaces. (All in favor) eet - This ws y and 2. theepublic6hearingn ono Case No. 565l fore Johnn Hoffossdfor sarlot size varianceeofa 1,312 ft er fora lot on Linden Street just west of Everett Street. the official newspaper Notice of the hearing was published in the Stillwater Gazette, of the City, on October 24, 1984 and copies were mailed to all property owners within 300 Ft. THE MAYOR OPENED THE PUBLIC HEARING. MR.49.5 ffee stated that wouldtlike tre o buildual small on homehis on this loe t.I ithas house to the of west is on the property line. • • November 8, 1984 - continued The Planning Commission denied this request because it is a sub -standard lot and there is not enough frontage and it does not conform to the existing abutting lots. Also, a pre- vious request for this lot was denied. BOB PETERSON, 704 W. Linden Street, stated he has the property to the east of this lot and he had been assured by the City that this was not a buildable lot. Also, when he inquired about purchasing same, nobody was in a position to resell same. Mr. Hoffoss would lose 15 feet on the west and 10 feet on the east. He would end up with a 24 foot width for the house and he would lose footage in the back because of the ravine. He could also lose some property if the street is ever widened. This lot was purchased at public auction for $2,000 and when he and his neighbor inquired about purchasing it from Mrs. Rutledge, she wanted $13,000 for the lot. He and the other property owners in this area have about 100 feet for frontage. GERALD GALOWITZ, 71U W. Llnnen Street, stated he owns the property to the west and he feels that the sewer is inadequate as he has been flooded with sewage in his basement several times; everyone else has more than one lot and, in fact, he has three. He feels that it would de- crease their property values. DAVID VESALL, 709 W. Linden Street, stated that he would be opposed to the granting of the variances as it would degrade the amenities of the area. The school buses turn off of Everett onto Linden and there is somewhat of a traffic congestion with additional cars. THE MAYOR CLOSED THE PUBLIC HEARING. On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, the Council followed the recommendation of the Planning Commission and denied the request for the variances for the lot on West Linden Street, Case No. 565. (All in favor) 3. Case No. 559 - Wayne Johnston request to build a duplex on W. Orleans St., single-family zone. This was the day and time for the public hearing on Case No. 559 for Wayne Johnston for per- mission to build a duplex in a single-family zone on West Orleans Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official news- paper of the City, on October 24, 1984, and copies were mailed to all property owners within 300 feet. THE MAYOR OPENED THE PUBLIC HEARING. WAYNE JOHNSTON explained that he split the property when he sold the house and he now wishes to build a duplex on the lot which fronts on a private easement which is owned by the Normans. MR. MAGNUSON stated it should front on a platted public street and if the easement has been transferred to the City, then it would be legal. Also, the matter of the sewer and other utilities should be check out. There should be some kind of an agreement with the parties in the area regarding the road and the utilities. THE PLANNING COMMISSION turned down Mr. Tucker's request after they approved Mr. Johnston's because they thought there was an easement there. They were hoping that there would be coopera- tion between the two parties to get the cul-de-sac in place. There was discussion about the location of the easements and other matters in the area. Mr. Magnuson was directed to work with Ken Meister and look at the tract index and check out the easement, study the sewer and water and figure out a plan for this whole area and that this hearing be continued until these matters can be checked. Also, check if the westerly portion of Orleans Street from the Linson Plat was deeded to the City. tinueOn d them ohne559runtilsNovembed rb20,A19841 atm7:308P.M Vi(A,ltin council con- 4. Case No. 546 - Norton Tucker request for Lot Split. - This was the day and time for the public hearing on Case No. 546 for Norton Tucker for permission to split 1.3 acre lot with existing house into three parcels, a Special Use Permit to create three - two family lots; Variance to allow one parcel not fronting on a public street. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City and copies were mailed to all property owners within 300 feet. (MR. TUCKER did not appear so no action was taken on this matter.) 5. Special Use Permit - construction of four-plex in two-family zone, 4th & Wilkins. This was the day and time for the public hearing to reconsider the Special Use Permit to contruct a four-plex in a two-family zone that was approved by the City Council on April 3, 1984. (Northwest corner of 4th & Wilkins) The applicant was notified on October 17, 1984 regarding this public hearing. (Mr. Gould did not appear for this hearing - see page 225 for Council action on this matter.) INDIVIDUALS & DELEGATIONS MR. FRANK TUCKNER, representing Century Power Equipment, appeared before the Council regard- ing the placement of a directional sign on the northeast corner of Main and Mulberry to direct their customers to their place of business on Mulberry Street between Main and Second Streets. It would be about five feet off the ground and should have some kind of lighting since they are open until 8:00 P.M. evenings during the week. The Council allowed Mr. Tuckner to place a temporary sign at this location until the new sign ordinance is drafted and put into effect which should be about January 15th. THE MAYOR DECLARED A RECESS FROM 8:50 P.M. to 9:00 P.M. • • • • • • 225, • November 8, 1984 - continued PUBLIC HEARING ACTION (out of order) JOE GOULD SPECIAL USE PERMIT There was discussion about the fact that there is dumping continuing on this property at 4th and Wilkins and no construction or plans have been presented to the Council. The follow- ing letter was sent to Mr. Gould on October, 1984 by Certified Mail: "The City Council will hold a public hearing at 7:30 P.M. on Thursday, November 8, 1984 at the Stillwater City Council Chambers on the Special Use Permit to construct a four -plea in a two-family zone at 4th & Wilkins Street that was approved by the City Council on April 3, 1984. " "The purpose of the hearing is to review construction progress made to date and to deter- mine a timetable for completed construction as well as to set forth additional requirements,, as deemed necessary by the City Council." "Your appearance before the City Council at the time, date and location specified above is required in order to retain the previous]: approved permit." "Further, the City will not allow any more fill to be deposited at the site until the public hearing has been conducted." "Please contact the undersigned at 439-6121 if you have any questions regarding this matter." (s/Nile L. Kriesel, City Coordinator) On motion of Councilmember Farrell, seconded by Councilmember Bodlovick, the Council revoked the Special Use Permit issued to Joseph Gould on April 3, 1984 for property on the northwest corner of Fourth and Wilkins Street, due to the fact that a letter was sent on October 17, 1984 and Mr. Gould did not appear before the Council. (All in favor) (The Public Works Department was directed to put up some posts and a "NO DUMPING SIGN" —. on this property citing the Land Reclamation Code No.) UNFINISHED BUSINESS 1. On motion of Councilmember Farrell, seconded by Councilmember MacDonald, the City Attorney made the second reading of an ordinance entitled "AN INTERIM ORDINANCE TO PROTECT THE DEVELOPMENT OF THE CITY OF STILLWATER DURING THE PREPARATION OF A COMPREHENSIVE AMENDMENT TO THE ZONING ORDINANCE: REGULATING THE LOCATION,BULK, HEIGHT AND USE OF SIGNS IN THE COMMERCIAL DISTRICT OF THE CITY OF STILLWATER". 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 ordi- nance was unanimously adopted. NEW BUSINESS 1. On motion of Councilmember Bodlovick, seconded by Councilmember Farrell, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS". (Resolution No. 7412) Ayes--Councilmembers Bodlovick, Farrell, MacDonald and Mayor Peterson. Nays --None COUNCIL REQUEST ITEMS - COUNCILMEMBER MacO0NALD inquired about the use of the two trucks in the Public Works Depart- ment -- the one used by George and the one that was formerly used by Jack and which is currently being used by Monroe Wood. He felt that Mr. Meister should have the use of the truck that was `-' formerly used by Jack. (This matter will be checked). - MAYOR PETERSON asked that Mr. Magnuson check on the outside broadcasting that is currently going on in downtown Stillwater as to what can be done about having some type of regulations on such broadcasting and music in this area. STAFF REPORTS CITY COORDINATOR/ACTING CLERK 1. Mr. Kriesel reminded the Council of the following special meetings: ✓ 1. Local No. 49 - Thursday, November 15, 1984 - 4:30 P.M. 2. ASMCE - Tuesday, November 13, 1984 - 4:30 P.M. 3. Police Arbitration - November 9, 1984 - 9:00 A.M. - Public Library 4. Library Merger Public Hearing - Monday, November 19, 1984 - 7:00 P.M. 5. City Clerk Interviews - November 14, 1984 - Starting at 4:15 P.M. 2. MR. KRIESEL asked for Council action on the assessments for L. I. No. 195 for three parcels that were not assessed last year at the public hearing due to the property owners disatis- faction with the project and the amount of the assessments. No formal appeals have been filed up to this date and he requested that the Council take some action at this time. He recommended a reduction of 25% on the assessment for the properties on the east side and 15% for the property on the west side. On motion of Councilmember MacDonald, seconded by Councilmember Bodlovick, the Council voted to allow the 25% reduction for the two properties on the east side of South Third Street and 15% for the property on the west side of Third Street, and figure the assessments on that basis. (All in favor) • 4 • • November 8, 1984 - continued ld, the 3. On motion of Councilmembery Council Stillwater Town- ship to pay ship in the amount of $7,192.88. (All in favor) dinatorowasfdirectedmtobadd8thisvassessment dpayment o tocthe p1resolutionber 1"Directing l, the yr Councilemerthe Payment of the Bills". Ayes-- Councilmembers Bodlovick, Farrell, MacDonald and Mayor Peterson. Nays-- None 4. MR. KRIESEL explained the letter from Mr. Larson of the Watershed District and the special le-:' of $7,900 which the City made this year for this project for 1985. Considerable discussion followed and Mr. Kriesel will check on further information regarding this matter and report back to the Council for action. 5. MR. KRIESEL informed the Council that the City of Stillwater has been named in the Croixwood fireplace lawsuit. Mr. Magnuson will file a motion to have the City of Stillwater dismissed from this matter as he feels that the City has no liability in this matter. 6. MR. KRIESEL informed the Council that Mr. Mawhorter has requested location expenses of $1 ,500. Considerable discussion followed as to the advisability of establishing such a policy or getting involved in such reimbursements. On e Cit pay one-half ofuthel moving costsl fors then new Policen ChiefmuprtoaMacDonald, ecoded by limit of $750.0will 0 Ayes--Councilmembers Farrell, MacDonald and Mayor Peterson Nays--Councilmember Bodlovick 7 On "E Councilmember seconded by AND6AUTHORIZING resolution was AND THE CLERK TO SIGN THE EMPLOYMENT AGREEMENT". (Resolution No. 7414) Ayes--Councilmembers Bodlovick, Farrell, MacDonald and Mayor Peterson. Nays --None 8. On City Clerk wasodirectedber to send the claimo from Red onald Zaniewski to mber Bodlovick, McGarry-Kearney Insurance Agency. (All in favor) 9. On motion of Councilmember Bodlovick, seconded by Councilmember MacDonald, the Council accepted the following results from the November 6, 1984 General Election: (All in favor) FOR COUNCILMEMBERS: Thomas Farrell 2,585 David "Choc" Junker 2,660 Brad MacDonald 3,495 Glenn Thompson 2.425 David "Choc" Junker and Brad MacDonald are the duly elected Councilmembers. PUBLIC SAFETY 1. On motion of ll, authorized ChiefnAbrahamson Ftrsecureequotes on the nnew mcar e for r othe vthe Police Chief efand if the amount is within the budget, the City Coordinator was authorized to purchase same. (All in favor) FINANCE DIRECTOR 1. Betty Caruso requested that the Council meet on Saturday, November 17 starting at 9:00 A.M. to go over the budgets with the Department Heads. (This date was agreed upon.) CITY ENGINEER 1. On otion of Co wasm mintroduced "ACCEPTINGrTHEcWORK 1 ANDSMAKINGd FINAL by O PAYMENT mFOR ber Bodlovick, resolution IMPROVEMENT NOS. 210-1, 210-2, and 210-3. (Resolutions No. 7415, No. 7416, and 7417) Ayes--Councilmembers Bodlovick, Farrell, MacDonald, and Mayor Peterson. Nays --None PUBLIC SAFETY (continued)ounthe Council 2. an motion of CthecmoniesedueotooCouncilmembervick, seconded by Mr. Abrahamson on January,1985asrequested. agreed to pay (A11 in favor) On motion of Councilmember Farrell, seconded by Councilmember MacDonald, the following APPLICATIONS Contractor's Licenses were approved: (All in favor) General Renewal The Carpenters (Judd Cates) 15823 - 100th St.N., Stillwater Excavators Renewal Chaves &nan 15975 Putnam Blvd. So., Afton, 55001 Jim Kanold Construction nille, 55113 2998 N. Victoria, Ritzer Excavating 556 So. Arch St., New Richmond, Wi. 54017 General New Excavators Renewal • • • • November 8, 1984 - continued QUESTIONS FROM THE PRESS None ORDINANCES Second Reading - Interim Sign Ordinance No. 628 RESOLUTIONS The following resolutions were read and on roll call were adopted: 1. Directing the Payment of Bills. 2. Employing Scott Schell - Temporary Maintenance Laborer (repass) 3. Employing Police Chief - David Mawhorter 4. Accepting Work and Making Final Payment - L. I. No. 210-1, 2, and 3 (Three Resolutions) ADJOURNMENT On motion of Councilmember MacDonald, seconded by Councilmember Bodlovick, the meeting adjourned at 10:15 P.M. (All in favor) Attest: AZ d- *+a"M-m Acting City Clerk a or