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HomeMy WebLinkAbout1978-01-24 CC MIN• • COUNCIL CHAMBER Stillwater, Minnesota January 24, 1978 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the Acting City Clerk,Schnell. Present: Councilwoman Bodlovick, Councilman Mahoney, Peterson, Powell and President Junker Absent: None Also Present: Acting City Clerk, Schnell; Assistant City Attorney, Holsten, Superintendent of Pubic Works, Shelton; rutin : Safety Director, Abrahamson; Consulting Engineer, Elliott; _.airman of the Planning Commission, Zoller; Assistant Building Inspector, Niska Press: Stillwater Gazette - Bob Liberty Citizens: 0. Walter Johnson, Richard Anderson, James Lammers, Claire Erickson, Russell Douglas, Ned Peck INDIVIDUALS- DELEGATIONS 1. CLAIRE ERICKSON OF ERICKSON PETROLEUM COMPANY OF HUDSON, appeared before the City Council reggrding the re- instatement of his permit for the service station on South Main Street. He had checked with the Minnesota Highway Department about the by -pass and he was told at this time it is dormant. He would like to build the station the way it was originally planned with the building on the back of the proposed site. COUNCILMAN PETERSON felt that with the new Wild Rivers Act and the Flood Plain Zoning and with development changes in the area he felt that the Planning Commission and the Council should reconsider this request. COUNCILMAN POWELL said this matter might get some opposition from the people who are developing in this area since the last permit was issued. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, Mr. Erickson was directed to go back to the Planning Commission with his request by filing a new Special Use Permit for a filling station, and the date for the public hearing was set for February 7, 1978 at 7:30 P. M. (all in favor) 2. JAMES LAMMERS, representing the Freighthouse and Peter Hall, appeared before the Council regarding the denial of the liquor license for this proposed restaurant He indicated the Naegle Co. had planned to open a restaurant in this building and the plans did not materialize and Mr. Hall has been looking for a new developer to build this restaurant. Those interested in this business at the present time are Mr. Russell Douglas and Mr. Ned Peck of the Broadway Station facilities in Minneapolis. They are prepared to put about a half million dollars into this structure and would not want to do same until they are assured that they will have a liquor license for this restaurant. It will be a first class sit -down restaurant They will be employing sixty to 100 people on a part - time or full -time basis. COUNCILMAN POWELL stated that his reason for not renewing this license was that Mr. Hall was at a stand -still with the project and this would allow him to get extra money and never intend to develop it. COUNCILMAN PETERSON indicated that at the time of the original license which was issued sometime ago, Mr. Hall did indicate more or less that the business would be in operation before that license expired. When the license came up for renewal, we were not sure when the place would be in operation and the Council wanted to review it again. MR. LAMMERS indicated that based on the fact that the license was issued, the party purchased the building and did open up the one shop. The person who was going in with him lost his financing, but they were ready to proceed at this time and they hope to be in operation by the first of June of this year. COUNCILMAN MAHONEY indicated that the Council is not real certain that we have that license available. 367' • • • ■ • • "362 January 24, 1978 MR. LAMMERS said that they understood that and they will resolve that question, and that they were here this evening to get ;ome expression of approval from the Council if same is available. MR. HOLSTEIN said if there is a thirteenth license available, we don't want Mr. Hall to go ahead and remodel and then find out there is no license available to them and MR. LAMMERS stated that they would check into this before proceeding. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council will reserve a license to Mr. Hall and his associates if there is a license available when they come in for same in the future, which must be prior to August 1, 1978. AYES -- Councilmen Mahoney and Powell and Mayor Junker NAYS -- Councilwoman Bodlovick and Councilman Peterson (motion carried) 3. JAMES LAMMERS, representing Richard Anderson, 306 West Olive Street, who is operating a Replacement Center for Juveniles in his home which has to be licensed by the State of Minnesota, and inspected by the local Building Inspector. The State of Minnesota has approved same as far as the health codes are concerned and they are waving some problems with the classification which determines the codes that must apply to same. In an opinion from the State Building Inspector they have classified it as Class "D ", which is the same as a Nursing Home. He indicated that the Building Inspector had given Mr. Anderson a list of a number of items that had to be done and Dick has agreed to go along with the solid core doors and he felt that with the plaster wall construction this is an ex- tremely safe building. The major items for interpretation position by the Building Inspector is the location of the fire escape and the enclosed stairway. Mr. Lammers distributed to the Council a letter from the Washington County Court system indicating that the home is well run and that it is a needed facility. There is not a need for a Special Use Permit for such a facility since it is in a multiple zoned area and indicated that the Building Inspector has been very cooperative in this matter. He cited from the Building Code book that the City Council serves as the Board of Appeals for any variances from these codes. There are to items to be considered (1) the fire escape up to the second floor to the back of the house which Dick has extended up to the third floor. The Building Inspector feels there should be one constructed on the front of the house with an exit out of one of the bedrooms which would not be aesthetically good. As it presently exists they do have a fire escape accessible from the corridors which gives one means of exit besides the stairway; (2) enclosed stair- way to the rear of the house - for exit from the third floor. There is presently an enclosed stairway to the second floor and enclosing same up to the third floor would seriously disrupt their family life. The Fire Department would like to make it safer for all of the occupants. He felt that if these two issues could be resolved that they would be in agreement. The house basically complies in all other aspects and he does have an alarm system. MR. NISKA indicated that their main concern is tor the occupants on the third floor and the code requires two approved exits and two of these are on the same end of the building and one should be enclosed. COUNCILMAN POWELL asked it the City would be liable if these variances were granted and it was felt they could be possibly in any variances which are granted. MR. LAMMERS said that it is the life safety aspect that is the concern here. DICK ANDERSON, 306 West Olive Street, stated that the fire escapes are in the middle of the house - it is a matter of 26 feet to where we are to put it - there is one on the west of the house and one on the east and the code requires it should be on the front of the house. He does have the enclosed stairway but the new law says it has to be closed all the way to the third floor. COUNCILMAN PETERSON asked when they granted the license and inspected the home do they get into the life safety factor and MR. LAM ERS stated that part of the approval of the license is the approval by the Building Inspector and they have not been able to come to an agreement on this. MR. NISKA stated that they are having a controversey with the State Building Code Division as to the classification - they have navclassified it as D -3 which would require it to have a sprinkler system and an alarm system connected to the local Fire Deparrment. This is much more restrictive than what they had made in the recommendations on it. MR. ANDERSON said that he will add on to the enclosed one from the second floor but it will not be enclosed from there up to the third floor and with an o.'tside escape on the front of the house it would make it look more commercial. • • • • • • • January 24, 1978 COUNCILMAN PETERSON indicated that there is absolutely no way that the Council could take into consideration every catastrophe that could happen. The City has spent $70,000 for a ladder truck for life safety for everyone. As long as there are two exits and in other cases they have granted variances for foster homes and they don't have fire escapes and they are not required to put them down the front of their homes. MR. LAMMERS felt that this home is much safer than many other homes and possibly safer than the Lowell Inn and other buildings in the City. COUNCILWOMAN BODLOVICK indicated that she had inspected the building and felt that it was very clean and very well run and suited for this purpose. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council determined that the fire escapes on the Richard Anderson Home are adequateand the City Attorney was instructed to send a letter to the Building Department informing them of this fact. (all in favor) 4. DICK HAROLD of the Washington County Highway Department appeared before the City Council regarding the proposed vacation of a portion of County Road No. 12 by the Country Kitchen Restaurant. They are seeking the City's intent for this vacation which had previously been agreed to at the time the Country Kitchen Restaurant was constructed in Stillwater Township. ^� On motion of Councilman Powell, seconded by Councilman Peterson, that the Acting City Clerk set up a meeting with the interested parties regarding this proposed vacation. (all in favor) PUBLIC HEARINGS -- -This was the day and time for the public hearing on Case No. 309 for the Building Addition for Conn -Co Shoes, Inc., 201 North Second Street. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on January 13, 1978 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. No one appeared in favor or opposed to this request - 0. Walter Johnson was in attendance, but made no comments. The Mayor closed the hearing. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council granted the Special Use Permit to Conn -Co Shoes, Inc., 201 North Second Street for a building addition as recommended by the Planning Commission and with the variances granted at the January 10, 1978 meeting. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Powell, seconded by Councilman Peterson, the Bliss Plumbing and Heating Co., Stillwater were authorized to install a water heater per their quotation of December 2, 1977 at a figure of $985.00 plus installation costs of $74.00. (all in favor) (For the Dog Pound) 2. On motion of Councilman Mahoney, seconded by Councilwoman Bodlovick, the Council authorized $2,500 for the reprinting of "THE OFFIOAL TOUR OF STILLWATER HISTORIC SITES" booklets with the stipulation that all bills be paid by the City and the return of the receipts from the sale of the booklets be given to the City until we have received the full $2,500 back. (all in favor) NEW BUSINESS 1. The Wharfage Permit for the Bogey's Cove II was delayed to a future meeting at the request of Mr. Bogeskow. 2. The matter of landscaping of the property across from the Water Board property was delayed at this time. 3. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council approved the $25,000 Official Bond for Dorothy R. Schnell, Acting City Clerk - Treasurer. (all in favor) • 369 • • • • • • • v i u Janusry 24, 1978 4. On motion of Councilman Powell, seconded by Councilman Mahoney, a resolution was introduced "CANCELLING CHECK NO. 2585 IN THE AMOUNT OF $25.00 ISSUED APRIL 13, 1976 ". AYES -- Councilwoman Bodlovick, Councilmen Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) 5. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council allocated the $1,178.00 in Anti- Recession Fiscal Assistance Funds for the first quarter for the salaries paid from the Lily Lake Revenue Fund. (all in favor) 6. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council agreed to take no action on the request for a 3.2 Beer Permit for the Military Order of the Cootie for the Lumberjack Days until the appropriate time when the Council gets some recommendation from the Chamber of Commerce and the Lumber- jack Days Committee. (all in favor) 7. On motion of Councilman Mahoney, seconded by Councilman Peterson, the Council set the date of February 7, 1978 at 7:30 P. M. for the following public hearings: Case No. 285 - Scottland, Inc., Shakopee - Special Use Permit for the con- struction of one location retail business - County Road No. 5 and Croixwood Blvd. Case No. 310 - James Bradshaw, 1310 Hillcrest Drive for a variance for an addition to his home. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:25 TO 8:35 P. M. 8. On motion of Councilman Powell, seconded by Councilman Peterson, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwoman Bodlovick, Councilman Mahoney, Peterson, Powell and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS- DELEGATIONS - continued None at this point in the meeting. APPLICATIONS On motion of Councilman Peterson, seconded by Councilman Mahoney, the following Contractor's Licenses were granted: (all in favor) Stanley H. Bonin - Valley Sandblasing Sandblasting Box 71 -A, Sparta, Wisconsin 54656 Renewal Robert Eardley General Box 95, Stillwater Renewal Haugland Bldg. Services Insulation 167 James Avenue N., Minneapolis 55405 New St. Croix Improvement Co. - Gerald J. Cook Box 201, Stillwater General Renewal C & K Mobil Blasters P. O. Box 12744, New Brighton 55112 Sandblasters New Don Roettger General Box 63, Stillwater Renewal COMMUNICATIONS From Virginia Ritzer, Stillwater Taxi regarding services being performed by the Valley Transit Co. On motion of Councilman Peterson, seconded by Councilman Mahoney, the letter from Mrs. Virginia Ritzer was referred to the City Attorney for his study and recommendation and to report back at the next regular meeting. (all in favor) From David Chial, Fire Chief - Summary Report for the year 1977. (no action) • • • • CITY COORDINATOR'S REPORT January 24, 1978 e _L � 3 1. On motion of Councilman Mahoney, seconded by Councilman Powell, the Council set the date of Tuesday, February 21, 1978 at 7:30 P. M. for a Revenue Sharing Hearing. (all in favor) 2. On motion of Councilman Powell, seconded by Councilman Mahoney, the Council granted the extension to Bob Eardley for his sewer connection until April 15, 1978 and he is to be informed that this is the last extension that he will be granted and if this connection is not made by this time, the City will install same and he will be assessed for the connection. (all in favor) 3. On motion of Councilman Peterson, seconded by Councilman Mahoney, the claim filed by Richard Nerby for damage to his car is to be sent to the City's Insurance Carrier. (all in favor) 4. The Acting City Clerk informed the Council that the City received a reduction of $864.00 on their premiums for the City's Package Insurance for this year, in spite of the fact that the coverages were increased by $245,000. CONSULTING ENGINEER'S REPORT 1. Mr. Elliott inquired about the used car building out adjacent to the Hooley property as to whether or not it was in the City of Stillwater and he was informed that it is part of the City. 2. Mr. Elliott reported that he is continuing to resolve the problem with Mr. Axdahl. 3. Mr. Elliott reported that this date he sent a letter to Ron Harneck regard- ing the control of the level of Lily Lake. 4. Mr. Elliott reported that he is still pursuing the assessments which were withheld by Orrin Thompson for about ten thousand dollars and gave a break- down for the various amounts and he has written a letter to the insurance carrier on this matter. COMMITTEE REPORTS PUBLIC SAFETY 1. Mr. Abrahamson distributed to the Council traffic violation reports for the year 1977 and thus far in January, 1978. PUBLIC WORKS 1. Mr. Shelton reported that NSP is putting in new meters at the lift station down by Aiples and the City's meters have dripped down on the meters and asked permission to get some electrician to check same out. (He was given this authorization). PARKS AND RECREATION 1. On motion of Councilman Powell, seconded by Councilwoman Bodlovick, the Council directed that Mr Blekum be authorized to advertise for bids for a skate sharpening service concession at the Lily Lake Arena with bids returnable on February 7, 1978 at 3:00 P. M. ADMINISTRATIVE COMMITTEE No report CITY ATTORNEY'S REPORT No report APPROVAL OF MINUTES On motion of Councilman Peterson, seconded by Councilman Mahoney, minutes of the following meetings were approved: December 20, 1977 December 29, 1977 January 10, 1978 Regular Meeting Special Meeting Regular Meeting (all in favor) 7:30 P. M. 2:00 P. M. 7:30 P. M. • f • • (372 ORDINANCES None January 24, 1978 RESOLUTIONS The following resolutions were read and on roll call were unanimously adopted: 1. Directing the Payment of the Bills 2. Cancelling Outstanding Check ADJOURNMENT On motion of Councilman Peterson, seconded by Councilman Mahoney, the meeting adjourned at 8:55 P. M. Attest: j ti wee—L.—La _ J Actin City Clerk D 2C Cct/ Mayor • • •