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HomeMy WebLinkAbout1984-12-18 CC MIN• • STILLYIATER CITY COUNCIL MINUTES COONCIl, CHAMBERS December 18, 1984 4:15 P. M. REGULAR MEETING The meeting was called to order by Mayor Peterson. Present: cnuncilmeniers Bodlovick, Farrell, Kimble (arrived at 4:45 P. M.), Macronald, and Mayor Peterson. Absent: None Also Present: City Coordinator Kriesel City Attorney, Magnuson City Clerk, Johnson Secretary, Schnell Public Safety Director, Mawhorter City Engineer, Meister Director of Parks & Recreation. Elekum Building Official, Zepper Public Works Director, Shelton Fire Chief, Chial Consulting Engineer, Davis, SEi Consulting Engineer, Van Waiver, SEH Councilzrember Elect, Jailer Press: Stillwater Gazette -- Citizens: Bruce Fo1z STAFF REPORTS PUBLIC SAFETY DH0Cfl - MAWHORTEIl public Safety Director Mawhorter announced the new deployment system which would be in effect on ed the day shift, graveyard shift, etc. January 7, 1985 and further explain He stated that he had several requests of the Council: il approval to 1. He has done sane research on bids for unmarked squad cars. He requested Councou chaos Tase price is purchase two cars from Hertz - two 1984 Chevrolet Celebrities -- early. $8,000 per car and would cane with a two-year warranty for $349.00, which would cover all harts and labor on brakes, steering,thair-conditioning, pu purchase price of the two cars, Chief Mawhorter budgeted about With the savings the Council and Chief Mawhorter ensued regarding these $1, 500 for two radios. Discussion by item. Councilmarner MacDonald, thief Mawhorter On motion of Councilnanber Bodlovick, seconded by was authorized to purchase the two Chevrolet Celebrities, foor$8R,000000 h, andos. include hided infavor) warranty for $349.00. Also authorized was the purdhas e of 2. CHIEF MAWHCRTER also cemented on the petition from residents regarding a parking problem on West Orleans Street. He stated he would write a letter to the manage of the apartment buildings located there asking residents of the apartment buildings to use the parking lot instead of the street and this should relieve the problem. Also sate of the residents there have requested a stop sign at Linson Circle caning on to Orleans Street. He has conferred with the City Engineer and it was decided the stop sign was not needed. Citizens need to take the responsibility for being cautious - the Council concurred. 3. He stated a request fran the Juvenile Officer to attend the 30theb � Juvenilef0ffi rsof Institute at the University Distity of Minnesota costs while he is at the Conference. He will $50.00. The School District will ewer motel be assuming the presidency of this organization while at this conference. Also, rym officers are scheduled for a session for the Breath Analysis School in January and two officers in February. Ch motion of Cawci3ruerber eodlovicck, seconded by Coumcilmenber Macdonald, the Juve]ile Officer was authorized to a..tend the 30th Annual Juvenile effice Officer's Institute tt t the the heaUniversitis of oil in J on y two o 30,1(all in favor) School in January two officers will attend in February. PUBLIC WORKS DIRECTOR - SHELTON None BUILDIM OFFICIAL - ZEPPER MR ZEPPW requested authorization for Vern Rylander and himself to attend a three-day school at the University of Minnesota on January 16, 17 and 18 -- The Annual Institute for Building Officials at $90.00 each. This has been budgeted. (No action was taken) 1 PARKS & RECREATION DIRECTOR - BLEXOM Nape • • • Df10ENBfR 18, 1984 243 FIRE CHEF - CHLAL +. CHIEF CHIAL stated that Gordon Seim is also registered for the s 'ne seminar that was mentioned by the Building Official. (No action taken) CC 1StJLTING EXINEER - DAVIS - SEH MR. JEkt DAVIS OF swgr, ELLIOTP, ELiICKSCN, gave a presentation on Wildwood Pines Third Addition. his report is the result of a petition sudnitted by William & Josephine Lecyer for extension of watermains from existing stubs, sanitary sewer, and storm sewer. Iwo options were offered and both are adequate to provide sanitary sewer to the current lift station a.ea. Estimates for these options do not include sanitary sewer services or restoration costs along Boutwell Road. MR. ERUCT FOLZ cemented on the project and stated he thought the costs are extremely high. A discussion follwed on the costs. MR, DAVIS stated this is a smaller project and the oats run higher for a small project because the contractor has more involved. CITY ENGINEER MEISTER had a concern regarding manholes and would like to see manholes confined to the street and not on yards or grassy areas. Those in grassy areas are hard to service. ry BRUCE FOLZ stated a decision should be made before houses and lawns are finished. The owners prefer to go with Option 2. More discussion ensued regarding the two options. (Councilrater Kimble arrived at 4:45 P. M.) Consulting Engineer Davis' recanendation is to go with Option 1. MAYOR PETER.SON asked Mr. Folz if the Iecuyer's would still want to petition for this project if the Council goes with Option 1. MR. FOLZ replied they would still probably want to go through .., with the project. CITY COORDINAICR UM.,ET. concurred with the City Engineer and Public Works Director in their concern with the placement of manholes. He recannends the City go along with Option 1. COUNCI A1IDFR BODLOVICK stated it is hard to make a decision when the owner would like one option and she can see the problems withneinte nance. CITY ATTORNEY MAGNUSON suggested the action to be taken include"accepting the feasibility report and waiving the public hearing" if the developer desires for banding clarity. MR. FOLZ presumes the Lecuyer's would waive the hearing since they are the only ones to be assessed. Can motion of Cou^.cilnerl'er Farrell, seconded by anmcihrenber Kimble, the Engineers were authorized to prepare the plans and specifications and have the Iecuyer's sign a waiver of improvement hearing. (all in favor) CCNSULTING ENGINEER - VAN WORMER - sEI MR. C EN VAN WMER stated they are now working on Churchill Street which is a Mniclrel State Aid Project. Be explained the width of the street, width of the right-of-way and the traffic volume on this street. There is not ouch parking space. Parts of this street does not meet state -aid standards which is needed in order to collect State -Aid Funds. One option is to go with parking only on one side of the street. If they go with. the 44 foot option, they would eliminate a lot of sidewalk and boulevard. They suggest going to a forty (40) foot wide street; if traffic decreases they could go to two lanes in the future with parking on both sides. This .... issue does not require Cbur it action this evening, by". will ultimately require (buncil approving the prohibition of parking. He then addressed Pine Street which has some of the same problems. His suggestion was to use the street for roving traffic and find parking places scnawhere else. He does not want to jeopardize State -Aid Funds. He would like the Council's feelings on this so they can submit the priitt design. Motion by Co ncilmether Kimble, seconded by Councilmenber MacDonald to submit the plans for Churchill Street and Pine Street to the State for State -Aid Funding. (all in favor) CITY ATTORNEY - MLAGNUSON None CITY CLERK - JC NSON None CITY CCORDINATtR - KRIESEL He s and als approovalsooff Industrial Revenue Bondsng oror year-end the Cbsmopollitan�Bank for either Dng a ecember date December26 or 27 at 4:00 P. M. (The Council concurred with Thursday, Decemb er 27, at 4:00 P. M. for the Special Meeting. • December 18, 1984 • • ADJOURN4ENT On notion by Cormcilmerber Rodlovick, seconded by Co ncilmeeber MacDonald, the meeting was recessed at 5:10 P. M. until. 7:30 P. M. (all in favor) Attest: STILLWAT4R CITY COUNCIL MINUTES ODUNCIL CHAMBERS DECE MBER 18, 1984 7:30 P. M. RECESSED MEETING The meeting Was reconvene-1 by Mayor Peterson. The Invocation was given by City Clerk, Johnson Present: Wtmcil.m doers Bodlovick, Farrell, Kimble, MacDonald, and Mayor Peterson Absent: None Also Present: City Coordinator, Kriesel City Attorney, Magnuson City Clerk, Johnson Secretary, Schnell O3tmcilmenter Elect, Junker Press: Stillwater Gazette - Deily Chapman Valley Press, Iandkanmer Citizens: Bob & Linda Ninz, Maurice Stenerson, Soh Thanpson, Jeff Peterson, Mike MGQnire, George Weyer, Donna Pacyga APPROVALOFMINUTES On notion of Co:ncilmenter Bodlovick, seconded by o,uncilmember Farrell, minutes of the following meetings were approved: (all in favor) December 4, 1984 Regular Meeting 7:30 P. M. INDIVIDUALS & DELEGATTOYS MAYOR PETEFSON introduced Anne Criswell and Steve Kurawski who made a brief presentation for the "UP WTIH PEOPLE" Singing group. The "UP WITH PEOPLE" Group will be arriving in the area about January 17th. A video tape was then run explaining their activities. PUBLIC HEARINGS --MIGIAEL MC GOIItE RNOUFST FOR A LIQUOR LICENSE FOR PHOPCSED RfSTARANT/BAR FACILTTY. This was the day and tine for the public hearing for a liquor license request from Michael McGuire for a proposed restav ant/bar facility to be constructed adjacent to the St. Croix River on the property known as the "Davidson Car Wash Property". MR. MC GUIRE made a statement regarding the facility; the working drawings which are ready for the Building Inspector',- the financial arrangements, proof of bonding and insurance, construction schedule, etc. He would like to begin construction in February or March and be ready for operation during the sum er. l's CITY ATTORNEY of NMI stated that accordingm-to and tees of theiComcitte t part action he has until the first of January to Fling the time -table in and the financial canmihtmr'ne i�i°�t�e to the City. Tonight's hearing is for comments from the public in regard • • • 0114 December 18, 1984 245\ • • COUNCIIMEMBER BWLO✓ICK inquired if the restaurant will be open year around and MR. MC QUIRE replied in the affirmative. LINDA HINZ, Jchn's Bar, commented that this is the last liquor license available and the people downtown feel they have enough bars on the south end of tam already. They hold one of the sixteen licenses that are out; how nervy more restaurants/bars can this area support? She thought the Council had earmarked this license for the industrial area or the north end of town. She requested the Council to give this their full attention and consider every aspect of it. GEORGE WEYER, Ianistros, spoke as a citizen of Stillwater, not only a restaurant owner. He is concerned about drinking that goes on in the park and of people caning off the boats. He is concerned that Mr. McGuire is going to have outside drinking and considers this dangerous for children and teenagers in the park; this could also lead to underage drinking. He also asked if the DNR has been informed of this situation. Also, what are the Corps of Engineer's plans for diking? What will happen to the restaurant then? Parking is also another problem. He also stated he was told the last liquor license was earmarked for the Industrial Park or the North end. He said he was told if someone else wants to come in, we can just pass more licenses, and he doesn't think this is healthy. MR. M QUIRE responded to these questions, by stating that he is proposing an outside patio, which would be landscaped and edged and there would be drinking on that patio. He is also concerned about underage drinking and people littering the park. He had had meetings with the INR a year ago and they had impact on the Special Use Permit which the Council granted for the restaurant in 1983. He has looked at a proposal for the dike and a dike would usually go along the railroad tracks. The property is already designed for a hundred year flood. MAYOR PETERSCN stated that the Corps of Engineers has vJ! '1etely scrubbed their proposal for a dike in that area. It is not cost beneficial to then. JEFF PEEERSON is wondering if the objections raised by other bar owners indicate they will endure a real hardship because of a new restaurant being opened or whether they are just interested in keeping a good share of business. Will new customers be caning into Stillwater or will this new restaurant take away business? MIKE MC WIRE replied that obviously there will be competition, but he is convinced that this will be good for Stillwater and draw more people to this City. He is of the opinion that his site is the best in town. GAVE JUNKER, thinks that Mr. MCGlnire has been misled by the City Council in being half -way premised a liquor license. His concern is inadequate parking. Within one hundred feet of his proposed building is the Freighthouse, one hundred feet southwest is Eateban's. He said Mr. McGuire also owns some property on the north end of the tam; let him build in that area and give him a liquor license there as had been planned two years ago. Putting a restaurant on the south end of town will congest things more for the restaurants already there. If you require so many parking places for a liquor license he has nowhere near the proper amount. Mr. McGuire also amps the Commander Elevator which could be torn dam to provide parking. MR. MC WIRE replied that he does provide more parking between Fsteban's and the proposed restaurant than any other restaurant that has been mentioned in downtown Stillwater. In all situations, parking is inadequate in Eamtain Stillwater, but he feels he does a better job of providing perking. He also stated that he recehed that when Mr.Junker was on the Council, he was the only one who opposed the parking lot at the south end of town because he didn't believe they needed that kind of parking at the Erick Alley. MR. JUNtER corcer.ted the previous statement by saying he didn't believe the City could condemn „es a person's property where he intended to build a gas station and put in parking facilities MR. MC WIRE stated he is pert of a partnetship that awns the land that the Commander Elevaot is on in response to a question by MAYOR PEFERSCN. MAYOR perm s0N inquired how many spaces are between the elevator and the car wash and the reply was between the Brick Alley the Camander Elevator and the railroad tracks, there are about 65 places for parking, exclusive of the Brick Alley or public lot. There are about 10 parking places where the car wash is now and they would retain those ten places. MAYOR PECERSON assumed the 65 spaces used by people who work in the Brick Alley or work in the dwntaan area would be gone by dinner time, and this was affirmed by Mr. McGuire TOM O'BRIEN asked if the proposed restaurant would be assessed for the southern perking lot as were other businesses a few years ago. MR. MAGNUSON stated that property was assessed for a share and subject to an assessment. It would not be redone at this point. LINDA HINZ asked Mike Reardon, Mainstreet Project Manager, what he had gotten back on the survey of the downtaun area. MIRE said these have not been tabulated yet. MRS. HINZ then asked Mike for his feelings on the proposed restaurant. MIKE felt he would like to see the issue of parking addressed in future plans for the downtown area. GEORGE WEYER again addressed the issue of parking by saying that the new building does not add extra parking, and asked if this was wise city planning. LINDA HINZ is concerned with the high average of liquor licenses in Stillwater. She asked the council if they felt they were encouraging more liquor licenses for the City. She does not want to see any more licenses in the City and also asked if this particular site is the best place fo- it • • • 246 DECEMBR 18, 1984 • • TOM O'BRIEN asked Mr. McGuire if had looked in to the feasibility of putting a parking ramp in this location. MR. MC WIRE thought this is the wrong location for a parking ramp because it would be right adjacent to the park. MAYOR PET RSON asked Mr. McGuire if he would sell this particular piece of property if a group of people wished to buy it. He stated that there are a number of people who would like to void the use of that area for another liquor license. If the piece of property were sold the Council would hold the liquor license for the north end of the City MR. MC WIRE said he has looked at the north end of town for a motel, but this motel would not have a major restaurant, but perhaps a coffee shop, and perhaps a swinmuing pool. Stillwater has the advantage of letting people walk around town and shopping and eating at different restaurants. He doesn't want a liquor license in that location. As far as selling this property, he feels that the car wash area is a very gsod place for a restaurant. JOEL CONNOR, a restaurant consultant from Minneapolis, addressed the question as to where the market would cone fran. They have done an analysis of Stillwater and feel that Mr. McGuire's site has a greater potential of bringing new business to tom. DAVE JUMQER asked if the City Code states that a building �ltoha and the y has to have so many parking ars spaces. W. IRRIESEL, replied that one parking place for every by the Council, is the rule. MANtR PET'EFSCN CLOSED THE PUBLIC HEARING COUNCUTt4ENBE: BODLOJICK stated that when the City originally had the referendum for three addi- tional licenses, one was for the Oek Glen Development, one for the Industrial Park and one for the nordh end of tcmn. She feels the liquor license should be given to aqualified individual and Mr. McGuire has pressted quality plan, he should have the liquor iquorr license. NUNCIINEMBER FARRELL asked a question in regard to fencing the patio for outside drinking. Anyone could have this problem who has an outside cafe. He asked Mr. Magnuson if this was feasible. DAVE M GNUSON replied there is an ordinance prohibiting the carrying of alchol in an open container on a public street or in the park. The problem is in enforcing this ordinance. Co notion of Councilnamter Bodlovick, seconded tin' Councilnenter Farrell, Mr. Michael McGuire's request for a liquor license is approved if all conditions of the original resolution ware net. WUNCUMEMBER FARRELL stated he feels the issue of parking is a serious issue and has been fora longtime. COUNCI MEMBER KIDIDLE raised the issue of the free parking during the Christmas holidays in downtam lots and streets. He feels this is not working because the employees are using these spaces. If parking is to be improved downtown, each businessman should insist their employees parkthe place reserved for then. COUNC:MEMBER MAC DCNA D echoed Councilsfelber Kirrble's uamaits. COUNCIII$SER KIMBLE atated he did rot mean to offend any business men who are following the correct procedures. CCUNCIIMEMBER MAC DONAID feels that Mr. McGuire has gone to extreme efforts to provide enough parking for his clients. Iten Ttnny's Cafe opened, he was not asked how nreny parking spaces would be available for his establishment and Mr.Junker was on the Council when this was passed. He feels Mr. tKGuire has done an excellent job. VOTE ON THE NOTION - All in Favor. Mayor Peterson voted in favor of the motion. THE MAYOR DEL AREDA RECESS FROM 8:50 P. M. to 9:00 P. M. REQUEST OF JERRY DANIELS MIER OF "THE LIQUOR STORE" FOR RENEW, OF OFF SALE LIQUOR LICENSE MR. STEPHIN KIESTER, Insurance Agent for Mr. Daniels, gave the background on this issue. Mr. Robin Asmus was in the process of buying THE LIQUOR STORE from Mr. Daniels and then withdrew his offer. Mr laniels is now asking for renewal of his liquor license (offSale) effective January 1, 1985. MAYOR PETERSON asked for City Attorney Magnuson's advice and he stated this is an OFF -SALE LICENSE and there is no limit on the nuanber of these licenses, and if this is not pnsnei, Mr. Daniels would have to close his business. The transfer of the license was contingent on the sale being finalized. On motion by Councihrerber Bodlovick, seconded by Councilmenber Kinble, the transfer of the OFF -SALE liquor license fran Robin Asmus to Jerry Daniels was approved. (all in favor) • • • 247\ • DECEMBER 18, 1984 • IROPOSED AMEIff1FNT 1O CHAPTER 24 OF THE STIL1MATER CITY CODE 1O REGULATE SIGNN3E FOR THE 6JSIN S DISTRICT FOR THE CITY OF STILLWATFR. This was the day and time for the public hearing for athpre pposed sedasedis tnent t to oftChpe City of pter 24 of the Stillwater City Code which would regulate signage for Stillwater. CCXAICILMEMBER FARRELL. gave same background on the issue of the sign ordinance.nIn orInr then incase e sinner of 1984 the City Council had discussed the need for revising the present of the lack of sufficient detail for the City Council to peke effective judgment on requests for signs. The Main Street Commission had developed a number of sub-camuttees and one oamdttee was the Design onmittee who have looked at a number of designs, locations, and signage. The City Council then passed a moratorium on signs until the aamdttee could look at the sign ordinance and perhaps improve on it. The camdttee acted as quickly as it could because of the hardship placed on basinesses and sign makers. They looked at signage in the towns similar in character to Stillwater, such as Lowell, Massachuestts, Red Wing, Minnesota, sota wouldthfifield, applicable nnesota, ofto the City and Aspen Colorado. They took the best of those sign ordinances ras h presented to the Main Street xdina of Stillwater and developed a proposed ordinance Canmission who recommended this be presented to the City Council. eTh MR. FARRELL with the assistance of Mike Reardon, reviewed sane of the concepts of signage as fpresentedollowing in a slide presentation su fsubdivision the National p Office of the Street It was staion and ted that the wain obje that, discussed si each isE to bring of proposed rain objective of good signagepeople back to the shopping area. COONCIII•pI`IDTR FARRELL stated the camnittee is interested in tiling to encourage signage which would keep the historic flavor of a rivertnwn area. Each subdivision of the ordinance was taken individually and Nancy Inderieden, Maurice Steverson and Mark Iibo, members of the ccmnittee, were present to help answer questions. 011y Olden and Donna of Libo Signs, members of the Design Sub-Camdssion, were also present. includes w ch t and s is reference MEEK FibiRA y hthoughtt s pertained to the kind osigns, asked if of sirs' that isan� wick hoard signs. Ccamission should look at this. MR. WEYER thought sandwich ardsrwd about- Perhapste Planning boards would fit in with the historical nature of the signage being proposed, since they have been around for a lag time. A CITIZEN asked what is an internally illuminated sign and the reply was that it is basically a plastic box with flouresccnt lights inside it. is alsolinncu luesd eudes cc signs gns acc rding to City Attorney Magnuson. This could be changed by saying except for neon signs"- MAYOR PEcfRON asked about a sign not exceeding thirty (30) square feet unless there are more than three occu[enciess on the lot. CODNCILMEMBER FARRELL gave the ehartpleof a4sSggnn whiichOi s at the front off the Brick Alley which has a list of all occupants• This teeresd fifty (50) square feet. JEFF PETERSOI asked if a business placed sane decorative application to glass would it be prohibited (AONCILMN•'8FR FARRELL stated a graphic design painted on glass would also be brought under the sign ordinance. GEORGE WEYER had a concern about an empty building and thought it was better to do scwething with the windows than leave then blank. CODNCIIAffi•IDER FARRELL stated that a sign is defined as aft sign that tior aedevi cc,device, aion light, a letter, a word, model termer, pennant, parade insignia, products, or availableentation which advertises, directs, or announces a use conducted, goods, prod or facilities. If you want floral deralw on your window, but it does not advertise a use or service, it is not a sign. JEFF PETERSCN said his concern was with Sub -Section 8 where the ordinance refers to a border not exceeding thirty percent (30%). A person could claim the decorative border is not of the original sign and put lettering in the middle and claim this to be the sign. MR. O'BRIEN asked if No. 10 on page five, "The strict terns of this ordinance nay bewaived for ," would be an answer to these questions. a Special le Permit for a Owouubldcd. deli ��MR ICI II3LE concurred. FARRELL replied it probacuy A CITIZEN asked if No. 5, Awning Signs conflicts with No. 6, Projecting Sigs and MR. FARRELL said they both do project from a building, but they are not quite the sane thing. They serve different function. CITY ATICRNEY M GNUSCN said we could say a projecting sign is any sign except for an awning sign. A LADY asked if this would inaoude the banners the City puts out for Lumberjack Days and it was concludes this is a temporary sign and is not included. CITY ATIERNEY MACEUSCN suggests in terns of temporary signs, that a sign could be temporary for thirty, sixty, or ninety days. Perhaps another number of days is sore reasonable. CITY ATTORNEY MAGNUSON stated that the ordinance has effectively been road; the City Council could pass on this tonight if they so wished. 4 • • • • • (248 December 18, 1984 RIDGE ADAb1S stated that a lot of this ordinance is based on Stillwater being a historical City and he is confused because he doesn't think Stillwater is defined as being a historical City. He does not want to see too much structure in the ordinance that would push someone from developing something in D Mntwn Stillwater in any historical nature. why whould a person have to go through all the steps if Stillwater is not a histrocial City? COUNCILMAN FARRELL stated the Historical Preservation Commission is presently working on establishing a Historic District and this would go along with the sign ordinance. This would also help in tax structures in renu]eling and preservation. Currently, the district has been defined and submitted that definition to the State Historical Society and asked for approval. Than, it would move on to the National. Society. trace it is approved by the Federal agencies, it becomes a historic district with tax benefits. MR. FARRELL also said to be fair about signs, the ordinance has to have a certain amount of structure and can't always rely on a personal opinion of people to know whether it is a goal or bad sign. The proposed ordinance has less structure than the current one. GEORGE WEYER is concerned about window signs and the thirty percent rule. If this is above thirty percent they have to submit drawings, plans and then are at the mercy of the Planning Commission and the City Council. ROB RTA OPHEIM, member of the Pain Street Wnnission, wanted to hake two points: (1) In the discussion of the Historic District, the sign ordinance is being approached strictly from the need of the sign ordinance and not just because of the Historic District concept; and (2) all retailers compare themselves to the Palls and they are ouch more restrictive. She feels we need some sort of control so the City does not have billboards and congested signnage on Main Street BOB THCMPSOFL Thompson Hardware, stated that most of the business people downtown he talked with don't understand the ordinance. He suggested that the Council table the ordinance until the second meeting in January to inform people what this ordinance is going to do. Mn<E RFARDON replied to the Historic District issue. Stillwater may never be a Historic District, but Stillwater is a special downtown. The towns they looked at have same of the same special qualities and they are looking for some type of guidelines, not restrictive, to keep a quality effect in the Downtown. MR. REARDON also suggested that if the Council adopts some type of sign ordinance, that they also adopt a guidebook, suds as the one used in Lowell, Massachusetts. OOUNCHME IDFR FARRELL responded to Mr. Thompson's suggestion to table the ordinance by saying that the reason the committee has hurried with this is because of the moratorium that has jeopardized the sign business and also held up sane businesses that wanted to put up signs. Also, the word has gone out about this ordinance in the newspapers, meetings with the Downtown Cbuncil, and a public meeting on December 4th. A wa4iN asked if tte only permits needed would be just for those signs that do not quality in the ordinance. include COONCIII»IB R FARRELL replied a Special Use Permit is required for all signs. This dnciuda drawing. etc. CITY ATICFNEY MAIINSCY4 clarified this by saying, except for address signs, identification signs and temporary signs. OE0143E WEYER thought this might scare away a new business. This is too munch of a hassle. RAY ROEMMICH, employed by a sigh company that works in five states, addressed sane of the problems he has seen in the sigh business. He spoke to the issue of internally illuminated signs, and if a person cannot have the type of sigh he wants in Stillwater, he nay move to Oak Park Heights where this type of sigh is allowed. Also when the ordinance is too restrictive, it could be taken to court and the ordinance can be overturned. This happened between the City of New It>pe and Sinclair Oil Another question he raised was in regard to the size of the sign downtown for the Union 76 Station. If another station went in there would they be limited to a nine square foot sign? The answer was 'eyes". He stated that the oil companies would object to this size sigh. MR. JUNKP..R stated that a Special Use Permit requires a fee of $25.00 and he thought this should be considered. COUNCIIMQffiII( RIMBLE asked about a window sign and if a person has to cone in for a Special Use Permit for this type of sign. Why is there a need for this? M;URICE STENERSON said the point of the Special Use Permit is to try to encourage a uniform plan. MIKE ADAMS said the prohibitions care him, such as the illuminated sign. If the sign is well planned, it should be okay. MRSTENERSON said the committee is trying to encourage externally illuminated signs. CITY ATTORNEY MMNUSON addressed the legality question of the ordinance and cited a case between the City of San Dien and Metro Media where there are two legitimate interests in regulating signage that the court recognizes: (1) traffic safety and (2) the appearance of the community. The standards for judging sigaage should be objective. Legally the proposed ordinance is okay. MR. WEYER appoved of the ordinance except for the window issue and the Special Use Permit. He also spoke of the casts involved --the Special Use Permit Fee - $25.00, about $45.00 for a pre- liminary drawing - or an additional $65.00 • • • 249\ December 18, 1984 • DONNA PACYGA said custarers are going to have sore questions concerning the sign before it is drawn ap - what is the cost? and how much time will it take? The cost is increased and it is going to take longer to go through Fels. Also who is qualified to review this? CCUNCIIt4ENaIi FARRELL replied to Mr. Roenmich's statements. He asked Mr. Roennich if the thirty square foot sign free standing sign would qualify for the service stations. MR. ROE4•IICH replied that in five states, most municipalities allay a fifty square foot sign for this purpose. MR. ROFM•IICH suggested that the Council not get so restrictive and in other municipalities, the Building Inspector reviews the proposed sign and issues the permit. COONCIIhtEMBER ECMNICK is concerned that the downtown business people haven't briefed them- selves on this issue and suggested this wait for another meeting or so. JEFF p,rEaSCN suggested that if the downtown business people are concerned about being informed, this ordinance be tabled, but that the moratorium be lifted in that anyone who now conforms to the proposed ordinance, understands that he cannot get a variance. COONCIIMEMBEt DUQVICR responded that this ordinance is not adopted, so it can't be used as a basis for granting someone a permit MIKE ADAMS stated that the ordinance is a good idea, but he is concerned about prohibitions. CCUNCIINEMB}R KIMBIE asked if we are throwing away the Pain Street idea. We all have gone to a lot of trouble to hake everything fit. He stated we can conform within a plan. PkDonald's doesn't have large arches on everyone of its stores. We can't have historical preservation and the latest sign MAYOR PELERSON has some concern with 90ndivison 8 which requires a permit and the cost of a permit on every sign. If people conform to the ordinance, he doesn't feel there is a need for an application and fee payment and extra hearing time. How can this be enforced if a person does not comply. CITY ATIU NEY MAGNU.SON feels we need the permit process for control. MR. REARDON responded to Cbmncilmerber Kimble's statement regarding rding Main Street. The mein purpose for the sign ordinance is to have some perimeters to deal with. The ordinance should be acceptable to the people. He asked the business community to come and talk with him about it. CITY ATTORNEY MAGCSON asked if there were any changes the Council wanted made to the proposed sign ordinance MAYOR pErERPLN repeated his concern for Subdivision 8, the Special Use Permit and how do we police the ordinance. COUNCI1nNBR ICPIBIE offered the suggestion that there could be a sign erection permit that doesn't cost anything and be approved by the Building Inspector. MAYOR PE ERSON asked what the Building Inspector could do if a person does not comply with the ordinance. CITY ATTORNEY WO1USCN stated they would be in violation of the Uniform Building Code which is a misdemeanor and be issued a citation. MR. ROEMIQI suggested that the installer of the sign be licensed, and would have to cone in and apply for the permit. If the installer does not comply with the ordinance, he would be in trouble. On motion of Councilmetter Kimble, seconded by Cou ncilmader Bodlovick the decision on the proposed sign ordinance was tabled until the January 15, 1985 meeting. (Four in favor Councilmember Farrell dissented — motion carried) PERMANENT SPECIAL USE PERMIT APPROVAL — THCMAS MC QUISTON REPAIR GARAGE 216 SOUTH OWES STREET Ce notion of Councilmeiber Farrell, seconded by Comncilnerber Kimble, permanent approval was given for the Special Uwe Permit for Mares McQuiston to operate a repair garage at 216 South Owens Street. (all in favor) FINAL APPROVAL - $180,000 COd1RCIAL DEVELOPMENT REVENUE NUPE (TIME OUT ntclus FACILITY) On notion of Comncilmerber Bodlovick, seconded by Cbuncilnerber MacDonald, a resolution was introduced GRANTING FINAL APPROVAL FOR A $180,000 CLAL DEVEDEMENP REVENUE NOTE ER THE TIME OUT SPORTS FACILITY. (Resolution No. 7427) AYES—concilmembers Bodlovick, Farrell,Kimble, MacDonald and Mayor Peterson NAYS --[lone NEW BUSINESS 1. Cn motion of Ooncihrenter Bcdlovick, seconded by Council'member Farrell, a resolution was introduced 13IRECTING THE PAYMENT OF BTTr S", with the addition of a bill from David Magnuson for payment of services for $2,727.55 and payment of $16,698 for the purchase of two police oars and service warranty. (Resolution No. 7425) AYES—Councilmerbers Bodlovick, Farrell, Kimble, MacDonald and Mayor Peterson NAYS -Noce 2 Motion by Oouncilmmenber Farrell, seconded by Cbunciirie her Rrrble to set the final none :'.ing date for December on the 27th at 4:00 P. M. and the first meeting in January to be held on the 2nd at 7:30 P. M. (all in favor) • • Decerber 18, 1984 • • 3. After some discussion, the Council decided to contact members of the various committees to see if they are willing to continue to serve on their particular cannittee. Appointments will be nude at the next meeting. 4. Notion by Councihredmer Kin.,le, seconded by Councihrerber MacDonald to set the Public Hearing date for a request for a Variance, Case No. 567 for Rick Anderson, 812 North William Street for a seven foot building separation, for January 15, 1985 at 7:30 P. M. (all in favor) 5. Motion by Councinember Bodlovick, seconded by 0, ncilmerber MacDonald for the first reading of Ordinance No. 630"AMENDING CITY CODE CHAPTER 31.01, SUBDIVISION 24 - APPLICATION Fbtb FOR A SPECIAL USE PERMIT TO BE INCREASED FRCM $25.00 TO $50.00: AND THE VARIANCE FEE 10 RAISED FROM $25.00 TO $35.00". (all in favor) 6. Motion by Councils -rater Kimble, seconded by Couuncilmerber MacDonald, for the first reading of Ordinance No. 631 "AMENDING CTM ODE, CHAPTER 41.01, SUBDIVISION 4, 10 RAISE THE FEE FOR OONTRPC10R'S LICENSES ERO4 $25.00 TO $40.00. (all in favor) INDIVIDUALS & DELE(,AT/CHS (continued) M2. JEFF PE1'RSQ4 had some comments on the sign ordinance in regard to political signs and is wondering if this will be included in the new ordinance. City Attorney Magnuson stated in sane communities, this is treated as a temporary sign. Mr. Peterson offered sane written suggestions. JEFF ic'TERSON stated he would like to assist in developing the portion regulating political signs. APPLICATTCNS --On motion of Co ncilmreiber Bodlovick, seconded by Oooncilme ber Kimble, the Council approved the following Contractor's Licenses: (all in favor) croixlaa3 Excavating - Kenneth J. Seefert Renewal 10003 Mendel Rd. N., Stillwater Excavators Giebler-Jahnke Woodworking, Inc. 1111 South First St., Stillwater Fond-O-Lakes Fire Protection, Inc. 1450 West County Rd. "J", St. Paul 55112 Joeffel-Ehcgstrand Co. 1040 Sixth St. So., Hopkins 55343 Mulcahy Drywall P.O. Box 9088, North St. Paul 55109 Suburban Lighting, Inc. 6077 Lake Fano Ave. N., Stillwater Douglas Wahlquist 1007 North Owens Street, Stillwater —On notion of Cbunc' lmember BodloVick, seconded by CouuciLrember Farrell, the Council approved the following Cigarette Licenses for 1985: (a11 in favor) General Rene al Fire Protection Sprinklers New General New Plastering, Stucco Work Sheetreck, taping Renewal Sign Erection Renewal J. lannnt Brine 219 South Ervin Street, Stillwater Brooks Superette #26 2289 Croixwood Blvd., Stillwater Eagles lodge Aerie #94 227 South Main Street, Stillwater Esteban's Mexican Restaurant 423 South Main Street, Stilwlater Food-N-Feel, Inc. 1101 N. Owens Street, Stillwater The Freighthouse Restaurant 305 South Water Street, Stillwater Thomas Greeder - Washington County Office Bldg. 14900 - 61st St. No., Stillwater Thomas Greeder - Washington County Court Bldg. 14900 - 61st St. No., Stillwater General Renewal H. V. L., Inc. 231 E. Myrtle Street, Stillwater LeBistro Cafe (George Weyer) Grand Garage & Gallery, 324 South Main Street, Stillwater Eileen Meister - Meister's Bar & Grill 901 South Fourth Street, Stillwater Renewal Re.•awa1 Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal • • • December 18, 1984 251 • • CIGARETTE LICENSES - continued cak Glen Development Co. 1599 Mrmwsick Rd., Stillwater Perkins Cake & Steak 2050 Frontage Road West, Stillwater Silver lake Restaurant 241 South Main Street, Stillwater Renewal Renewal Renewal. Southhill Pizza & Subs &C South Fourth Street, Stillwater Renewal Torn Dumb Food Market 2501 West Orleans Street, Stillwater Renewal —Co notion of Coumcilmarber MacDonald, seconded by Co ncilmenher Kinble, the Council approved the following REGULAR ON SALE LIQUOR LICENSES FOR 1985 together with Surety Bonds and Dram Shop Insurance: (all in favor) Brine's, Inc. 219 South Main Street Stillwater Freighthouse, Inc. 305 South Water Street, Stillwater Grand Stillwater Corporation - Grand Garage & Gallery 324 South Main Street, Stillwater J. L. H., Inc. dba John's Bar 302 South Main Street, Stillwater HVL, Inc. (Hidden Valley lounge) 231 E. Myrtle Street, Stillwater The Lowell Inn, Inc. 102 North Second Street, Stillwater Meister's Bar & Grill 901 South Fourth Street, Stillwater National Restaurants, Inc. (Ektebans) 423 South Main Street, Stillwater Oak Glen Development Ovrgaany 1499 McKissick Road, Stillwater Rtlrewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal Renewal --On notion of cormcihnerber Kimble, seconded by Giuncilmerber MacDonald, the Council approved the following SUNDAY OM -SALE LI¢7CR LICENSES for 1985 together with Surety Bonds and Dram Shop insurance: (all in favor) Brine's, Inc. 219 South Main Street, Stillwater Freighthouse, inc. 305 South Water Street, Stillwater Grand Stillwater Corporation - Grand Garage & Ga11ery 324 South Main Street, Stillwater HYL. INC. (Hidden Valley lounge) 231 Fast Myrtle Street, Stillwater J. L. H., Inc. dba John's Bar 302 South Main Street, Stillwater The Lowell Inn, Inc. 102 North Second Street, Stillwater Renewal Ren3al Relne al Renewal Renewal Renewal National Restaurant's, Inc. (FBteban's) 423 South Main Street, Stillwater Renewal Oak Glen Development Canpeny 1599 McKissick Road, Stillwater Renewal • Decanter 18, 1984 • the ng OFF-SAr Fn3.of Councibrenter Farrell, seconded 2 BEER LICENSES WERE APPROVED FCR 198Cooncilnie'Sxr eodlwick. (all infavor) J. Eanont Brine 219 South Main Street, Stillwater Brooks Superette 026 2289 Croixwood Blvd., Stillwater Des Wurst Haus 312 South Main Street, Stillwater Food-N-Fuel 1001 North Owens Street, Stillwater Tan Thumb Fcod Market 2501 West Orleans Street, Stillwater Renewal Renewal Renewal Renewal Kimmel — ar notion of Councilmamber MacDonald, seconded by Councilmater Farrell, the following ON anT.F 3.2 BEER LICENSES were approved for 1985: (all in favor) Das Wurst Haus Racal 312 South Main Street, Stillwater Lin QuSilver lake Restaurant Racal 241 South Main Street, Stillwater — On motion of Cbuncilmenber Bodlovick, seconded by Councilmenter Kimble, the Council approved the following OFF SALE LIQUOR Licenses together with Surety Bond and Dram Shop Infasurance: (allr) Jerry H. Daniels ('fie Liquor Store) Renewal 13900 - 60th Street North, Stillwater SIAEF REPORTS (w3S71'INDFID) CITY COORDINATOR - IQUI'SEL 1. Motion by Cbuncilmenber Kimble, seconded by Concilma'ber eodlovick, to ratify the bid for ice time. (all in favor) 2. RemFm ded,presentedp a revised scheduleCann of 1985 Summary of Renames re & Expenditu res, Estimated and Recvmiaided, P by Betty Canso, Finance Director. He recommended that the City amend its tax lexy by $130,000 to adequately and the library operations. The Council and Mr. Kriesel discussed this issue at length. Motion by Councilmember Kimble to authorize a resolution to amend tlg� lexy by $130,000 to adequately fund the library operations, as explained MAYOR PETIIiSCN asked for a second to the notion three tines. (The 'notion died for lack of a second.) Potion by Concilmarber Kimble, seconded by Councilnnrber Farrell to authorize a resolution to aneid the tax lexy by $80,000 to adequately fund the library operations. (Resolution No. 7426) ES=CouncFarrell, and Mayor Peterson ay_CoonciBodvick and Mac COUNCIL REQUEST /TEES COINCIIMEMBER FARRELL informed the Council that the Joint Planning Commission will beholding a meeting with the City Council, the Planning Commission, the Township Board, and the Township Planning onCommission policy they haveeefonwlame meeting date is set for ingaamsry, 21, in the Stillwater nth�g. RnUNICATTONS Request from residents on West Orleans Street for limited parking west of Greeley Street (See Item No. 2 under public Safety Director's Report at the 4:00 P. M. meeting) QUESTIONS/0341ENrS FR44 NEWS MEDIA None ORDINANCES First Readings - ordinance No. 630 - Amending City Code Chapter 31.01, Subd. 24 - Ordinance No. 631 - Amending City Cbde Chapter 41.01, Surd. 4 • • December 18, 1984 RNSOUIPlctls 1. Final Note Resolution - Time Out Sports - #7427 2. Directing the Payment of Bills - #7425 3. Amended Tax Levy for 1985 - #7426 Nbtion by Councilmen -ter Lbdlovick, seconded by Nnmcilmenber Kimble, to adjourn the meeting at 11:05 P. M. (all in favor)