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HomeMy WebLinkAbout1981-10-20 CC MIN• r. COUNCIL CHAMBERS Stillwater, Minnesota October 20, 1981 4:00 P. M. REGULAR MEETING The meeting was called to order by Mayor Junker. Present: Councilwomen Avise and Bodlovick, Councilman Peterson and Mayor Junker Absent: Councilman MacDonald Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney. Magnuson; Superintendent of Public Works, Shelton; Fire Chief, Chial; Director of Public Safety, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineer, Moore; Building Official, Zepper Press: Citizens: Bob Liberty James Gannon INDIVIDUALS & DELEGATIONS. JAMES GANNON appeared before the Council regarding the right -of -way on St. Croix Avenue and the improvements going into the Oak Glen Development. The Council agreed to go out after the adjournment of this meeting to look at the problems. 131. • COMMITTEE REPORTS PUBLIC SAFETY 1. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council directed Mr. Shelton to sign and paintthe curb yellow on the east side of Main Street from the driveway between GTA and the Brick Alley Building to the corner of Nelson for "NO PARKING AT ANYTIME" as recommended by the Chief of Police. (all in favor) PUBLIC WORKS 1. MR. SHELTON requested for Simonet's Furniture Store loading zone signs for 16 to 20 feet by their loading dock from 8:00 A. M. to 5:00 P. M. - Monday thru Saturday, on the north end of their building. Wuth the current posting the police have no authority to issue any tickets for this area. There was discussion about the parking on Water Street and the violations that occur and as to whether or not all or what portion of this street is street right - of -way and what portion is private property and the regulation of same. The Council,especially the Mayor, requested that Mr. Zepper, Hr. Shelton and George Diethert pray -mark the Water Street area and come back to the Council with a recommendation for the parking on Water Street, rather than do this in a piece- meal fashion. 2. MR. SHELTON stated that there is a problem with the storm sewer at North Fifth and West Cherry Street and it is about one foot above the sidewalk and would be 1-4 the cause for an accident and then there is a problem at South First and East Churchill where a truck ran over one and it is broker. - he recommended that these „ two intersections be repaired. work Mr. d was contact Mr. do somekofnthe get quotes on this 3. MR. SHELTON requested an additional phone line be installed at the City Garage and after some discussion it was decided to first check out the cost involved for same before taking any action. 4. MR. SHELTON stated that in order to get a speed study on County Road No. 5 it will be necessary for the City to send a letter to the Washington County Board of Commissioners requesting that the Board pass a resolution to make such a study. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, the Council directed that a letter be sent to the County Commissioners asking the Minnesota Department of Transportation to do a speed study on County Road No.5. (all in favor) 5. at the ga property Monroe11 drill press that is ton used the City for $200. Councilman Peterson moved and Councilwoman Bodlovick seconded that the City purchase this piece of equipment and after some discussion the motion was withdrawn and the Council will take a look at this before any action is taken. 6. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, that the City continue to allow citizens to cut wood at the old dumpsite with hours to be left open. (all in favor) has or the 7. MR. SHELTON informed the Council that he /rece ivedcalbid of the loyees. installation of a shower at the City Garage, p Y There was discussion about its use and also to find out if it is mandatory • and the Council decided to take the matter under advisement.. • • October 20, 1981 • 8. MR. SHELTON informed the Council that he has a quote from Arcon for the dredging of Lily Lake - $1,120 for mobilization and de- mobilization of the equipment and the dredging and hauling of the dirt to the City Dump is $2.30 per cubic yard, etc. There is no knowledge as to how many cubic yards that will have to be tkane out. There was discussion about the mondy available for same and there is nothing available at this time - this should be checked out every five years and make a good study - it has been about 20 years since the sewers have been draining into this lake from the west, and it has never been cleaned out. Mr. Moore felt that as the City grows they will have to be thinking about a Maintenance Fund for all of the detention ponds that have been created. The restoration of the property is up to the City to take care of. It is possible that we will not have to spend the $4,000 for the removal once they get started on the removal of same. Mr. Shelton was directed to make a good study of the problem and see if it can be done this fall. 9. MR. ZEPPER and MR. SHELTON requested an exhaust fan in the downstairs bathrooms and quotes will be checked out for same. 10. COUNCILMAN PETERSON stated that there are not the little signs below the Stop signs on Wilkin and Second Street to indicate that this is a "four -way stop" and Mr. Shelton will take care of this matter. 11. MR. MAGNUSON reported that he had talked to Mr. Lokesmoe about the delta by the Nelson Street lift station and he will check this out to see if the City is responsible for same. FIRE CHIEF 1. CHIEF CHIAL repdted that they have received a donation of an all purpose saw from the VFW POST 323 and inquired if the Mayor and the Council would like to have their picture taken accepting this equipment on behalf of the Citizens of Stillwater. The Mayor and Council will have their picture taken at some future date. PARKS AND RECREATION 1. Mr. Blekum stated that they are making ice and the arena will open on Friday, and they are working on the outside rinks. CONSULTING ENGINEER'S REPORT 1. MR. MOORE reported that the contractor for the painting of the Arena has 85% of the work completed and he presented for payment a bill in the amount of $27,200. They still have some repair to do with some piping that they damaged - also they have to have Twin City Testing check the thickness of the paint in the one area, on the south end. They have retained 57, or about $6,000 which should cover these costs. Mr. Blekum reported that they found that they damaged some piping and they cleaned it out so that they could use it and felt that something should be deducted for this work and the loss of the bluid. He will submit these costs to Mr. Moore and they can be deducted. It was agreed that we would make payment of this amount at this time. 2. MR. MOORE reported on the Edgewood Ditch and he met with the contractor (C. W. Houle) and gave them the plans and they will come back with a p rice to do this work - to put a pipe in the ditch and the fill - when he receives that he will make up a Change Order and possibly have it for the next meeting. • 3. MR. MOORE reported that they experienced a little bit of a problem with the Burling- ton Northern for the three crossings - originally it was to be open cut, but they came back and changed their minds a couple of times and they finally agreed to the open cut, but they have asked that casing pipe be installed for the pipes that are put under the tracks. Mr. Moore will meet with Mr. David Johnson and explain all of these Change Orders that will be charged to him. Change Order No.lwas a change that the Health Department required on the watermain installations and the sewer installations on Owen Street for $3,150 for a change in the type of piping. 4. The contractor is using four crews on Local Improvement No. 184 and they will possibly cut back to two for the winter months. 5. MR. KRIESEL asked about the lift station and when it would be installed and he was informed that it would be about six to eight weeks so it will be about the end of November - NSP has inquired about the power for this lift station and the Deerpath Development - there is about a $30,000 cost if the City puts this in and we would have to make a deposit of $30,000 and NSP would get any revenues off that lkne until some- time next year - Deerpath would like the City to do this and pick up the $30,000 cost - with the Myrtle Street line there will be a highter cost because it will be done (continued on page 15) • • • • October 20, 1981 with winter construction costs (These questions were asked since there is one home proposed to be built for occupancy in March and there would not be power possibly until May for this home and the sewer lift station). It was concluded that the Deerpath Development be informed that it is not the City's plan to install the electricity at this time. CITY ATTORNEY'S REPORT 1. MR. MAGNUSON presented to the Mayor the completly signed contracts for the Oak Glen Development Agreement and the Council previously had authorized the Mayor and City Clerk to sign these agreements. 2. MR. MAGNUSON reported that the City was in court last week on the Ogren Assess- ment appeal and it is under advisement by the Judge and that he should have a decision on this in a couple of weeks. (Appeal on Loral Improvement No. 171) 3. MR. MAGNUSON reported that Brian Nichols will prepare his covenants when he is ready to go ahead and include all of the stipulations that. the City had in the Special Use Permit and he will not be appearing at the meeting this evening. CITY COORDINATOR'S REPORT 1. On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council authorized Mr. Fackler to advertise for the sale of six vending machines which are no longer used in his department. (all in favor) 2. MR. KRIESEL informed the Council of a dental plan which is being offered by MAMA which would be $6.96 per employee with addiKional fee of $15.01 for family coverage for a total premium from Prudential and has to be 100% from one individual group before the City can go into it There was also a quote from Group Health but in order to get that you have to be a participant of regular Group Health and that is out for the City of Stillwater. (The Prudential premium is $21.80). After some discussion it was decided that we would not have a bargaining group that would be interested 1007. in such a program and was dropped for the present time. MISCELLANEOUS 1. MR. ZEPPER reported that according to the report that he had on the property on North Broadway to convert to a duplex that the main objection was the sewage problem with raw sewage flowing and he was called up there and this house is vacant and did not feel that it was coming from this house at the present time It was turned down mai+ly because the neighbors objected to the sewage problem. COUNCIL REQUEST ITEMS 1. COUNCILWOMAN BODLOVICK, asked about the police mediation and Mr. Kriesel stated that Cy Smythe has been trying to talk to Larry Bastian and the police representa- tives and they have not been able to get together on this - CHIEF ABRAHAMSON felt that there should be a meeting very soon and MR. KRIESEL was directed to contact Cy Smythe regarding this matter. 2. COUNCILWOMAN AVISE asked about the Richard Anderson operation and MR. KRIESEL stated that he had talked to the licensing division and he has sent a copy of the permit to the Welfare Department and they will supply the population figures to the City. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the meeting recessed at 5:20 P. M. to 7:30 P.M. Attest: ,x1—. to t- "N./.- City Clerk Mayor 15� • • • • • COUNCIL CHAMBERS Stillwater, Minnesota October 20, 1981 7:30 P. M. RECESSED MEETING The meeting was reconvened by Mayor Junker. The Invocation was given by the City Clerk. Councilman Peterson and Present: Councilwomen o Junkerand Bodlovick, Absent: Councilman MacDonald Director /Coordinator, Kriesel; City Clerk, Schnell; Also Present: Finance City Attorney, Mag nuson; Consulting Engineer, Moore Press: Stillwater Gazette - Liberty St. Croix Valley Free Press - Landkammer Mrs. Harry Peterson, Mildred Sawyer, Elvira Conley, Ray Marshall, Citizens: John and Pauline Dahl, Sheila MacDonald, Marvel Old, Al Oberman, Sue Collins, David Harrison, Mr. & Mrs. Doug Wahlquist, George Kern, Mr. & Mrs. Andrew Finken, Ron Christoffersen, Mr. & Mrs. Neal Casey, Michael O'Brien, Shirley Tibbetts, Joyce Amdahl, James Smith, Paula & William Snyder, Mr. & Mrs. Curtis Mickelsen, Richard Mundinger, Jayne Finnegan Smith, Paul Connors, David S. Johnson, Wilbert Monson, Michael Charpentier, Mr. & errs Robert & lb, Olson Greg ga Schmidt, Mary Ann Peterson, Mike Tibbetts Nancy Olson, INDIVIDUALS & DELEGATIONS. None PETITIONS None PUBLIC HEARINGS 1. This wa Dahl to operate aateatroomfandtreceptionshin anresidentialoarea9 429, John Pauline 2 210 East Laurel nd Street. Notice of the hearing was publishedd8inathecStillwater Evening tGGazette, official ficial newspaper of the City on October 9, within 300 feet. The Mayor opened the hearing. COUNCILMAN PETERSON asked permission to be excused from the be e n cha thhe permission participate and speak in behalf of the petitioners. (The May granted since Mr Peterson is the present owner of this property). MAYOR ked if the Coucilman the though ugh he was question not present and the reply was "yes ". RAYMOND MARSHALL, atrorney for Mr. & Mrs. John Dahl, appeared before the Council and reviewed this case which was heard before the Planning Commission on September 28th and the r Th eym ar ea asking for SpecialaUse innacurate for a reception denial. aney are not alsolbenlivingtthere. restaurant) it by would strictly be by private arrangement and private appointment, private parties or inten detoe rceptions. - thelpropertytisapresentlyna the the property under this proposal would continue to be a single family residence with a under permitted the ordinance s and it a is intkeepingbwith the is kindsofausesreasonable use fit in that neighborhood. He also stated that he reviewed the applicable ordinance and as t - other he understands it, this is a medium density multiple family residential di stri c ts multiple more intense uses than the one proposed are allowed under the ordinance; pecialgusesondernthes ordinance s - that is not s what f is being t proposed a or o asked n for e permitted here residencey- athetCitynunderuthelordinancelhase aneobligationservice t c issue r thedSpecialeU private ather there Use (continued on page 17) • • • 4 • • October 20, 1981 imm permit that is being asked for unless the City is convinced and the City can show that there is legal and sufficient reason to deny the Special Use Permit. The Planning Commission stated three reasons - the first was neighborhood opposition (he was not here to make some argument about the public not having the right to speak - obviously the residents not only have a right but an obligation to speak when a proposal is being set forth in their neighborhood if they have concerns) - a proposal of this nature must be voted up or voted down on its merits - the fact that the neighbors may not like this proposal standing alone in itself is not a legally sufficient basis for the denial of the Special Use Permit - if the neighbors raise some valid objection - some legally sufficient objection that is, of course, another matter. He did not think that was done at the hearing at the Planning Commission - there were two other reasons that were listed - traffic hazards and parking problems which are two different ways of saying the same thing. They would be perfectly willing to enter into some agreement with the Council regarding a reasonable amount of off - street parking if that is a legitimate concern. They have some sketches that they can show the Council - some various proposals that might be used for that - he did not know if that was necessary - he felt that there is adequate parking on the streets - they are not talking about parties there day in and day out - twenty - !1 four hours per day - it is his prediction that the public and the neighbors probably are not going to notice that there is any different sort of use after this Special Use Permit is granted and before. Mrs. Dahl will be responsible for operating this and she indicated that she would be willing to answer any qu ^stions. HARRY PETERSON, 210 E. Laurel Street, stated that he has resided off and on at this address for 56 years and for the last 25 years he and his wife have raised their family there - they reached a point in time in which they feel that the place is too much for them and they have decided that before one or the other i.S suffers some misfortune that it would be well to place it on the market and dispose of it and move into smaller living quarters. He did not say this to encourage sympathy for them but it is fact of life that the times comes when something has to be sold. They have placed the house on the market with a realty firm primarily with the instructions or hope that it be retained as residential property. They are concerned and supportive of the interest of the Dahls in acquiring the property for the purposes described by Mr. Marshall. As far as the traffic problems there has been traffic going north and south on Second Street and down Laurel Street for all these years with a limited amount of confusion in spite of the fact that there is a very attractive park there that draws many people to various events and just sightseeing - the addition of ten or twenty or thirty cars in a given day certainly is not going to create a traffic problem. As to the parking that is an arrangement that the Dahls would want to clarify as to their plans - if you are aware of the property, you will see that there is driving area that he uses that could easily be converted to off - street parking and that might very'well be in the plan. He addressed the third item that the Planning Commission used as a reason for turning down the permit and that is the objection of the neighbors - he said that he would like to talk about neighbors and neighborhoods - as he understands neighborhood is usually cluster of homes - it may be a large cluster or it may be a small cluster - usually houses side -by -side, back -to -back, facing each other across streets - the individuals sharing back fences - seeing their neighbors move in and out of their properties on a daily basis if not in vocal communication - that is the kind of situation that you find in the middle of Croixwood or the corner of Pine and Martha and it is the kind of situation that you find on Laurel Street, Third, Fourth la on up the street - it is not the situation that you find on Second Street on down. This neighborhood is not in the cente of Croixwood - it is an isolated area that IUD he felt was unique for the purposes teat it has been used in the past as a single family home for a large family - it lends itself to large gatherings as has been evidenced by the kinds of church services that they have had on their property which have caused no problems and ice cream socials and the likes. If you look at this so- called neighborhood, they are a neighborhood of themselves - the property faces a dead -end on Laurel Street - they face Pioneer Park and except for the facts in the advertisement told him that may be the park is near to being a part of the endangered species, he was unaware of the proposal that has been described would in anyway interfere with the use of the park - their neighbors are probably the best that use Pioneer Park and many times in the spring before the water is on in the park they have inquiries from early picnickers and others to get water from them, cook their coffee for them and provide them with a telephone. Pioneer Park is part of this home site - to the east of them is a large area of their property that goes down a bank down to the Historical Society with one small residence at the bottom of the steps and Highway 95. They do not have neighbors to the east or the south and in the back to the north the property adjoins the wall of the original State Prison and the neighbors there are primarily the drivers of the school bussses and construction equipment that is parked there. The only neighbors that they have are to the west of them and that is the area west of Second Street - there are a number of homes that are either side -ways to them or they get them from a side -view- there is a large bank from his home to the street which is approximately 100 feet, a fifty foot street and a very high grove of trees which shelters them from the neighbors and in the summer time they can hardley see the outline of the homes. They are situated as a little island - they have limited communications with their "Neighbors" - they like them, those that they see occasionally- this is due to the geography of the land and their concern is that the objections which are being (continued on page 18) 1t . • • • October 20, 1981 • • expressed now are not valid objections - they are interferring with the rights of neighbors - they are not going to interfere with their c-- mor traffic, they tare no not a going to interfere with their coming and going - as to added, because they fear commercializationtand neighbors has this out presumes this as to v the physical n layout Stillwater community tontheeneighbors are ions some photographs showing just how they are substantially separated - they are not truly part robably footage to the c commencement of the i commercial h district hdowntowna closer than they are to the home of the neighbor who seems to be leading the opposition on this particular case. and they HwantOit to staythathway� and waseaskedeto quiet peak for the neighborhood and therprecidenttof the House a would move the n zoning northward l and r would permit other that other commercial districts nTheh n compound downtownbusinessare area over the r past mfewhyearschashcome tom serve as a tribute to good planning and aetendedcthatuthiswhich the be resid that they ts have something to be proud of. They they considder becoming a part of the downtown commercial area with the new Tea Room He felt that they should speak for and to all of the people of Stillwater as well business. as the neighbors - he presented two petitions (one for the people of the immediate area happening since Pioneer Park belongs e to everyone r in n t the n Clty l and t if this success is success- in this case, the same situation could arise in any neighborhood in town. He detailed the following issues for consideration: (1) only a few people were notified ondtheesaleohingesy would thist Office Special Use Permit is granted e and l he a felt y tha contingency had been misrepresented and that it had already been purchased, but the sale has not be a place to go to ydinnerprather than a0catering and place for wedding receptions would ets. exedt to seat and this could be a potential of forty cars which could create a parking problem; (4) they got no answers to their questions about what the hours might be or if liquor might be served on the premises - the Planning Board denied this application, but they realize that the Council must decide this thing. They are interested in protecting other neighborhoods as well as their own and they felt that this is the wrong procedure, whether it is legal or not, which probably is another matter, - they felt that it should be a rezoning application rather than a Special Use Permit and they felt that they were coming in the backdoor on this venture. He stated that ointment issreally Office stated that the phrase here - phrase this " ca a tch word by cap have word" because they find that m ail liquor without ahliquorelicense, there is on this the property, i.e., they may serve restrict may ion on the hours - none of the of o eration. They suggested that this t whole process in this t P there ay be something to be said for the Planning Board if they were able to reject applications because they were improper perhaps none of these proposals would even get to he gettto Council e it that thisatypecofi "maneuver" should have experienced, if it is accepted, would ou dete and prostitute for ut eighborhood - would destroy the integrity of the neighborhood BILL SELB, 517 North Third Street, which is one block west of Pioneer Park, and he — helped to circulate petitions - one in the neighborhood opposed to the conversation a tea of the Harry D. Peterson home at 210 East Laurel Street to commercial house; and the second petition was circulated is signed by people throughout who object to the conversion of the Harry D. Peterson home at 210 East Laurel Street to commercial usage as a tea house because of lack of parking space. We feel subsequent our usage of the parking in Pioneer Park for a private enterprise will infringe ineaupo forty names and on the secondbone park. here are six pages petition (These were given to the Mayor). GEORGE KERN, formerly lived at 712 West Mulberry. and he has lived in the St. Croix Valley 76 years of his life and he lived very near the old Deno's Store and when they made application there was some opposition and it did not bother the neighborhood any - he was here speaking on behalf of the Dahls - he has no financial interest or any other interest - he just wanted to tell them about the Dahl's. He has known them for sometime and Mr. Dahl has a responsible position at the Northwest Bank for over 25 years in the Twin Cities and came to Stillwater to be a part of a local bank - and cited their various backgrounds - they are not planning to open up a "beer joint" or a "liquor joint" and also there are no complaints about The Harbor or Meisters up on the hill. They talk about traffic and when there are band concerts you cannot find any parking for blocks around the park and he did not feel that the traffic would be a problem. He felt that the kind of place that the Dahl's plan to open up is a compliment to the Ciy ad he feel that the closest greater if about thispermit were issued. - • • • • JAYNE FINNEGAN SMITH, 805 North Third Street, stated that she had lived on North Third Street for the past 22 years and has raised her family there - the reason that they are here as members of the community do not want Harry Peterson's home rezoned commercial - Mr. Kern stated that there is a parking problem when the park is utilized during the summer time for concerts and Lumberjack Days, etc. Their homes are in jeopardy on the north end of Third Street - it is a dead -end street - they accept the overflow of traffic from Pioneer Park - they have had animals which have been killed in front of their homes and Second Street is a speedway- the hydrant and cars are hit by the overflow of traffic - Mr. Peterson had stated at one time that his corner of Laurel and Second was probably one of the most dangerous intersections in Stillwater and she repated that - her one concern from the standpoint that there one entrance and exit from the Pioneer Park area and Mr. Peterson's house and that is by Pioneer Park and the number of school children from Washington and Stonebridge School that use this park - the number of Senior Citizens that use Pioneer Park and we do not need added congestion - there is a parking problem in downtown Stillwater - we do not need it in an area which is not zoned commercial - she agreed with Mr. Mickelson that we are caught between the community if this Special Use Permit is granted - it should not be applied for as a Special Use Permit - it should be applied for as "rezoning" and if this is rezoned as "Commercial" property or a Special Use Permit, did the Council realize what it is going to do to the rest of the community - it will make zoning ineffectual and they do not want that. MARY RO G ERS, who lives in Little Canada and owns property at 518 North Third Street and also property at 1120 North Owens - the property at 518 North Third Street is one block away from the Harry Peterson house - and she is a co- lister for the Harry Peterson home and she has learned about the use of the property over the last 56 years - over the last 35 to 40 years they have taken in quite a few foster children and during that time the property has been open for many unfortunate children in Stillwater and their family has grown and they had about 45 people at their family gatherings with about 14 cars and she did not feel that this would further endanger the traffic problems in the area. Since she has been marketing the property, they had had three very strong potential buyers - two of the buyers have the exact same purpose in mind and a third buyer wanted it as a retreat center and a fourth buyer was interested in a family home and that family decided not to move to Stillwater for other reasons. The other people that have been very inter- ested in this property have been investers who are interested in it because of its beautiful location - it is sitting on approximately three acres with a tremendous view. People that have expressed their desire to offer this same amount of money for the property have been interested in it because on approximately three acres this site could be split up into other lots, more buildings erected higher than Harry's home and the view would be blocked - there could be many more cars than by the reception center by appointment only and she felt that the Dahl's use "by appointment only" is to tell the Council or the City that this is not an all -hours or open to the public venture - this would be for a wedding, child's baptism - it is not open all night. She felt that if this use is denied that we are putting it back to Harry and Ruth who do not have to sell the property but they realize that now is the best time to do that - the co- listing agent and herself have not been marketing through investers because they know that the area wants the property to be used and maintained by a single family - the Dahls are family people - they love the house that they will be working in and they do not want to open it up to commercial use. She msponded to Mr. Mickelson's concern about the contingency and she stated that most real estate transactions do have these clauses in there and this is a normal practice. The tourist attraction for Stillwater is great and we should want as many tourists to come to Stillwater as possible and she could not see the traffic problem being any different than it has been in the last 56 years that the Petersons have lived there. The house has been an asset to the park and did not feel that it had ever been the reverse. PATRICIA MICKELSON, 711 North Third Street, felt that the parking is the problem and that that park is short on parking at the present time. A CITIZEN, who lives at 723 North 123rd Street, has known and worked with the Dahl's professionally presented some drawings in answer to the parking problems - and the areas where there could be parking and it would have access from Second Street and the other area would come in from Laurel Street. The one area would be by the steps and there would be no need to use the Pioneer Park parking at all. BOB OLSON, 613 North Third Street, stated that he does not know Mr. Peterson or the Dahls and is not a buyer, or a seller - he is a neighbor that can hear music being played a block away which they have experienced with other establishments in the Twin Cities where they use older houses that have been converted into Special Use Permit type things for by "appointment only" weddings and this type of thing. From a neighborhood point of view they are not really interested in having that type of change "by appointment only" type of traffic, type of notice that it could create and that type of thing in this neighborhood. One of the things that is confusing to a lot people is the open specification of what a "Special Use Permit" really means - does that mean that it can go on all night - all day - the hours - exactly what is going to be done in that establishment - the scope is so wide open that it is not really defined and they are thinking all kinds of things - how is it going to affect the people in the neighborhood or within hearing distance of what can happen. t' Octob er 20, 1981 19� • • 1 1 4 • 20 October 20, 1981 MICHAEL O'BRIEN, 106 East Laurel, felt that there should be a mecbnaical engineer make a parking d space and thereaisl and not in that not have much they needed any additional noise in the area. PAULA SNYDER, 721 North Third Street, where she resides with her husband and three small children and their main concern is theh and ,the noise which they do have now and to add to it, they n MAYOR JUNRER asked Mrs. Dahl if she planned to use this as a seven day a week by appointment only and MR. DAHL responded "no" and she was amazed at the noise that ingyMansionlandgthatuis have wherelthereniscnoisea- to the was special occasion it could happen that an appointment would be made the day before the event - there is no special place and theyawould like to t share e it you th the public a she l is a felt that it would be more by Stillwater residents than by people coming in. She soes not plan to have any music. JAMES SMITH, 805 North Third Street, asked if they would be serving liquor at all and MRS. DAHL stated there would be no liquor, but they could in all honesty serve wine and they do not plan to ever have a liquor license and she does not even know what the law is on it - they prefer the idea of the wine. HARRY PETERSON asked the legal counsel to explain the restrict t hat thin can place on a Special Use Permit - the stipulations as to hours, this sort - it is assumed here that the sky is the limit - 24 hours and do what you want. — DAVID MAGNUSON stated that the ordinance provides that in granting any Special Use or Permit the City Council may prescribe any conditions deemed oredesirablefto the public interest - that could be hours of operation, customers, review after six months, not transferable - all sorts of things are imaginable. BOB OLSON asked what the restrictions were on the Special Use Permit that the Planning Commission turned down and that is now before the City Council. COUNCILWOMAN BODLOVICK stated that there were no conditions placed at the time - they applied for it and it the Council then t can motion made conditions to them a Special Use Permit, attempt to protect the neighborhood from all the fears that you are having - hours, appointmentronly "ndoesq license asked the having toAabideebythat "by our ordinance rules and regulations - she would never approved such a Special Use Permit if that is the case. MR. MAGNUSON stated there are "on sale" wine licenses that are available and there are one no limitations on the number of those that can be granted and they could apply of those. As far as serving liquor he did not know how it is done in a number of the places along SummttAvenue and he knows that they serve liquor and he does know that they do not have liquor licenses - he did not know if the guests buy it at a liquor store and he was not quite clear on it - he did know that there is no hard liquor license available to be granted for this operation. MRS. DAHL indicted that they did not want one. MR. MICKELSON stated that they would like to believe what is being told them, not that frees of e all oft intentions but if it is indicated by that "by only" Inspector. COUNCILWOMAN BODLOVICK stated that she could not approve such a Special Use Permit. MR. shmentEgoes added donot theyehaveriflMr.w &tMrs. Dahl become this become ill or something and the operation passes over to someone else. stat ed J that R if t they choose sellatwosm Permit today, theepermitOstaysLwithNthe CiityC- the next buyer has to come in and apply and go thru the same routine - it is not zoned "commecia' as parceel for those n a if chose and is a this two months, there is no way he could run a tea house or anyone else for that matter - or put any other commercial venture in there - it is not rezoned - it is strictly zoned as is buththeypnormally for one a year - theytcannbetreviewednatathesendmoftonewyearaand review if there are complaints and there have been violations with the conditions that can also be the end of the zoned permit - you do have "teeth" in a SpecialUse Permit. • • • • • • October 20, 1981 2 • JAYNE F.SMITH asked that in granting this Special Use Permit would this not set a precidence for other areas in town - she and her husband own an exceedingly large home at the end of North Third Street - would this not be a precidence because it is only a block and a half from their home, and if she were to come to the Council in about a month and ask for a Special Use Permit for their home and as a life -long resident there she recalled that there have been probably three other "tea houses" which have been refused permission - one was Mrs. Lucille Tobisch Carlson - the home was on Olive Street and at the time that this was applied for it was turned down and she believe at that time the precidence was established that the neighbors did not want "tea- houses" because we are apprehehsive of what has happened in other neighborhoods - it is not the idea that they are concerned about our commercial buildings or someone is going to make some money off a commercial enterprise - they are concdrned that with the many, many elegant Victorian homes thst are here in Stillwater and this will set a new precidence if this is granted tonite - her home is valued at $150,000 to $175,000 and the Mickelsons is of a greater value than hers and they do not want this to happen to any of these large mansions because a precident would be established. MR. SELB asked whst the maximum number of guests would be and MRS. DAHL responded it that continued and ofacarssand that He them would have to park on the street. NANCY OLSON, 613 North Third Street, asked Mrs. Dahl if she called her and asked to have her rock and at wouldelikedto I will have the o'clockring her the morning and asked for her response. MRS. DAHL stated that she goes to bed about eleven and there is no way - that is just not the kind of thing that they would have and she would say "no ". MRS. and 118 East Laurel to this proposal from the Peterson proposal - objected to wine, noise, cars, crowds, busses coming in, lowering their property values, parking the threat of expansion or someone else buying it and making a change. She did not feel that Harry is isolated - there are people to the north of him and to the north of them and he was talking about their trees and they took down 35 this summer and they plan of to take more - could been bands several blocks Avenue locks away. THE MAYOR DECLARED A RECESS FROM 8:35 TO 8:45 P. M. RAY MARSHALL stated that this is a two - family district rather than a Medium Density Family District as previously stated; however, the uses that are premitted by Special Use Permit are as he indicated. The granting of a Special Use Permit does not give the applicant the right to create a public nuisance - he felt that a lot of people are raising problems that do not exist - he did not feel that there was any- one here that felt that the granting of a Special Use permit gives these people the right to operate loud parties at all hours - that is not what is being applied for and that certainly is not something that they are interested in. In the event that the City imposes conditions and grants a permit and those conditions are violated obviously again the City has the right to revoke the permit. Objections have been made saying that this is a commercial use in a residential zone - this is not a commercial use, it is a permitted Special Use in this residential zone - the property will primarily be used as indicated by the Dahls as their residence - it is a private residence and it will continue to be a private residence with hopefully a permitted Special Use. A lot of concerns have been expressed about the traffic problems as far as the park is concerned - those are pre- existing problems that relate to the park and he was not here to say that they exist or don't exist - he assumed that they do exist but that doesn't really affect this application in that the granting or denying of this Special Use Permit has no bearing on whether the problems in the park will continue to get better or get worse- it is really irrevelant - you can't solve that problem by dening this permit. He again asked the Councilt to grant the permit on those conditions that the City be reasonable. ---GREG SCHMIDT, 722 North Third Street, had three specific points of concern - traffic, parking and incompatibility with the surrounding area. A commercial enterprise will increase traffic in the area and in particular adjacent to a public park and this raises a safety problem. The intersection of Second Street and Laurel is controlled by one stop sign - Second Street is a main throughfare with poor visibility at the crest of the hill. In addition there is a pedestrian entrance to the park and as such there is a greater likelihood of accidents and injuries occurring at this intersection. There are many children who frequent this park at various times of the day. The increased traffic causes other problems such as noise, lights and parking. If the enterprise is to be used for large gatherings,then present parking is inadequate - parking on Second Street only complicates the safety problems viously mentioned and it conflicts with the use of Pioneer Park. The parking space in Pioneer Park is made available for the users of Pioneer Park - it is not and should not be used for a private business enterprise. He felt that overflow parking will result and will be expected to be picked up by Pioneer Park regardless of how (continued on page 22) ■ • 42 • October 20, 1981 much parking is provided by the owner of this property. Pioneer Park is very attractive to children and will remain so that parents will allow their children to go there. Traffic injuries could decrease that attractiveness. There are not other retail entities in this area and certainly none that serve alcohol of any kind -itis also incompatible with both the park and the tearoom will experience their heaviest use during the warm months of the year and create problems of competing uses for the same area - who is going to have to give in on competing uses - it will create noise and lights in a residential area at late hours of the night and may be surrounding residences with a litter problem - on two previous occasions the Council has rejected tearoom applications. He requested that the permit be denied. DICK HUMDINGER, 120 West Wilkins, spoke in favor of this project as it will enhance the economics of the community and offer some employment and he encouraged this type of activity. He felt that he would be affected marginally by it by being only three blocks away but has no objection. MARY ANN PETERSON who owns a business in Stillwater spoke in behalf of the Dahls and felt that they would not do anything out of line as they are wonderful people and they will not do anything that will harm anybody. NANCY OLSON asked Mrs. Dahl how she would make a go of this business if she turned people down and for the price that has been quoted for the price of this property. MRS. DAHL stated that they are not rowdy people and she does not want a rock band or to operate late hours - she would approve of a violin or cello for a bridal dinner - she would not permit a rock band. She made re f erende to other such types of operations, but she was informed that they are in a downtown area and not a residential area. PAT MICKELSON stated that they did not mean anything personal against the Dahls or the Petersons - they are just concerned about their neighborhood and she felt that she did not have an answer to her questions regarding the serving of liquor or the music. MR. MAGNUSON stated that could be a condition of the Special Use Permit even if it is permitted by State Law. CONNIE CASEY, 107 East Laurel, asked what the maximum number of people that she would employ and MRS. DAHL stated that it would depend upon the size of the party and they would only be part -time and they would come in to help serve it. JAYNE F. SMITH stated that she would not be contributing to the work force such as Estebans or The Freighthouse and it would be a very minimal number of people - she felt that that the City of Stillwater might have to place more policemen on duty to control the area - she asked Mrs. Dahl if she did not serve wine or liquor if this could be a lucrative business for anniversary parties if they could not have drinks. She made further reference in trying to promote the use of the Courthouse for events and this did not work out. BETTY BUSCHMAN, 1215 Fifth Avenue South, felt that this would enhance Stillwater and that there is traffic problems all over Stillwater at the various churches and there is also parking problems with cars on the streets - they have people park by their house when there are activities at the Junior High athletic field - she felt that if it was done in very good taste it would only enhance Stillwater and would not tear it down, and she asked that the Council vote "yes" on it. MRS. MAC DONALD stated that not all wedding guests are brought up well and they could cause the problems. COUNCILWOMAN BODLOVICK asked Mrs. MacDonald if she would be opposed to having six duplexes there as was proposed by one potential buyer and she responded that would be the lesser of the two evils. COUNCILWOMAN BODLOVICK, replied to Mrs. Smith about alcohol being served - Crabtree's Kitchen has a very successful business for years and they have never served any liquor. JAYNE F. SMITH stated that when it comes to a wedding anniversary, a bridal dinner, etc. - this is a most joyful occasion and they would want to celebrate with wine or champagne. MIKE TIBBETTS, 663 South Second Street, stated that he came here totally opposed to the very use of that property, but now that he thinks about it - to see Harry Peterson's house left pretty much as it is and the surrounding grounds unchanged would be the lessser of the two evils of condominiums or duplexes. MAYOR JUNKER asked the members of the Council for their opinions when they recessed - they had not discussed this before and with Mr. MacDonald gone their thoughts are that they would like to continue the hearing for two weeks and if Mr. MacDonald is back then, they would like to sit down and put some restrictions on the property and take a good look at it - the parking visually - go up and see it and see what they think about it - a little more than what they have at this time - the Council did not feel that it is fair to make a decision and Mr. Peterson cannot vote on it - in two weeks with Mr. MacDonald back they will be ready to make a decision one way or the other and they would • ■ • • October 20, 1981 have the restrictions on the property and the Dabls could see if they can comply with the restrictions put on it and in the City Attorney's opinion they would not be allowed to serve any liquor there. COUNCILWOMAN AVISE stated that there are possibilities that could be a part of this Special Use Permit with the understanding that if any of the conditions are violated that the permit is no longer active and the business would have to close down - this includes non - transferable, (if the DahPs sell the property the Special Use Permit is cancelled), the home would have to meet fire and safety regulations for use as a public serving place, no hard liquor would be sold or served - there would be no bands, possibly a condition on one or two musicians (guitar or violin) kinds of things, no signs or indications on the outside of the home (Flashing yellow lights), some limtation on the capacity possibly to 70 85 people, closing time of 11:00 P. M.; possibility of the inclusion of the use of the facility as a reception area when the Park area is busy, such as Lumberjack Days and those kind of things - if the hearing is continued another two weeks the Council will have time to think about them and see whether or not they can work something out. COUNCILWOMAN BODLOVICK agreed that this was also her concerns and felt that Council- man MacDonald should be here when the decision is made. JAMES SMITH, 805 South Third Street, asked that the Council remember two important things - if liquor cannot be sold, can it be brought in and the traffic and parking. MAYOR JUNKER announced that the hearing is recessed for two weeeks and the hearing will be continued at that time. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, the hearing was recessed for two weeks. (all in favor) (COUNCILMAN PETERSON RETURNED TO THE BENCH FOR THE BALANCE OF THE MEETING) 2. This was the day and time for the public hearing on Case No. 430 for Douglas Wahlquist, for a Special Use Permit and variance for a garage addition which will result in an oversized garage (City Code No. 31.01, subd. 20, Paragraph "i ") Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on October 9, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing MR. WAHLQUIST was in attendance, but there was no one appeared as being opposed or in favor of this request. The Mayor closed the hearing On motion of Councilman Peterson, seconded by Councilwoman Avise, the Council granted the Special Use Permit and variance for a garage addition for Douglas Wahlquist at 1007 North Owens Street. (all in favor) John 3. for a and for was the single family dwelling intoaduplex 1320 North Broadway. Notice of the hearing was published in the Stillwater Evening Gazette the official newspaper of the City on October 9, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing COUNCILMAN PETERSON stated that the Building Inspector told the Council that a follow -up investigation here tells him that there is a possibility that the denial of this request might have not based on a proper finding and that there is a questionable sewer system and Allen told them that the house is unoccupied and yet there was evidence of sewage which Allen was led to believe might come from other residences. RON CHRISTOFFERSEN, 324 East St. Gsoix Avenue, stated that he knew the people that had rented this for two years and one of the main reasons that they moved out was the sewage system does leak into the front yard of that place - the surrounding residents have had their tanks checked which includes himself, Dave Madsen, Rod Hamblin and Dick Paukert - everyone of those was tested by the City with the dye solution to see if that was theirs coming out there - his system was not tested. If you check this out you will find open sewage running out and he was up there with the owner last week and he could not find this septic system - his tank is exposed to the open air - it is not completely covered and he felt that it was a crack along the side of the tank which would take some testing to find out why it is coming out - the whole system up there is bad and there is a bad smell all of the time - he has contacted the City, the County and the Public Health to find out why this has not been taken care of and it never freezes during the winter months. There is an ordinance against that in Stillwater and there is a fine of $350 per day and others in the City have been fined when they have had problems. The house is -� presently occuppied by two young women and a bady and the renters change about every other month. He has also contacted the Building Inspector on this. 23 • • • 1 ,24 • October 20, 1981 Mr. Williams did not appear for this hearing. THE MAYOR CLOSED THE HEARING. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council denied the request from John Williams to convert a single family dwelling at 1320 North Broadway into a duplex. (all in favor) MAYOR JUNKER AND CHIEF ABRAHAMSON will check this sewage problem out to see if they can find the problem. INDIVIDUALS & DELEGATIONS MICHAEL CHARPENTIER appeared before the Council regarding a permit to trap on Long and MCKusick Lakes - they would be Connibear traps and they will the animal immediately when they enter the traps. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the Council granted Mr. Charpentier a permit to set Connibear Traps within Long Lake and McKusick Lake for the purpose of trapping beaver provided that all other laws, rules or regulations established by the State of Minnesota are followed. (all in favor) UNFINISHED BUSINESS 1. On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the City Attorney made the second reading of an ordinance entitled "AN ORDINANCE AMENDING SECTION 43.01 of the Stillwater City Code by adding Section 43.01, Subd., 7 (a) Relating to Intoxi- cating Liquor; Hours for Sunday Sale." 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 ordinance was unanimously adopted. 2. On motion of Councilwoman Bodlovick, seconded by Councilman Peterson, a resolution was introduced "ACCEPTING THE WORK AND MAKING FINAL PAYMENT FOR LOCAL IMPROVEMENT NO. 185 - Arcon Construction ". AYES -- Councilwomen Avise and Bodlovick, Councilmen Peterson and Mayor Junker NAYS--None (see resolutions) NEW BUSINESS 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council authorized the Mayor and the City Clerk to sign Change Order Nos. 1 and 2 for Local Improvement No. 184 as presented. (all in favor) 2. On motion of Councilman Peterson, seconded by Councilwoman Avise, the date of November 3, 1981 at 7:30 P. M. was set for the following Planning Commission cases: Case No. 420 - William Mcaonoguh, 704 South First Street - Special Use Permit to convert a carriage house into living quarters Case No. 432 - James A. Swanson, 320 South Hemlock for a Special Use Permit to conduct a chain saw shapening service in a residential district Caste No. 433 - Ronald Axdahl, 310 South Sixth Street for a Special Use Permit for a machine shop in his basement. (all in favor) 3. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Excavator Bond in the amount of $5,000 for Aquarius Heating and Plumbing, Inc. was approved. (all in favor) 4. On motion of Councilman Peterson, seconded by Councilwoman Avise, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwomen Avise and Bodlovick, Councilman Peterson and Mayor Junker NAYS - -None (see resolutions) 5. motion of contract for �the Shelter, Inc. to the Public Safety Committee rred e for their study and recommendation. r (all in favor) INDIVIDUALS & DELEGATIONS - continued None • • • • • n APPLICATIONS On motion ot Councilman Peterson, seconded by Councilwoman Avise, the following Contractor's Licenses were approved: (all in favor) Antler Corporation General New 2954 Rice St., St. Paul 55113 Bruette Roofing Renewal 8510 Demontreville Tr. N., Lake Elmo 55042 Roofing Century Construction General New 316 Wyoming St. W., St. Paul, 55107 Industrial Roof Maintenance & The Insulation Co. Renewal 2321 Oakridge Rd., Stillwater - -On motion of Councilwoman Bodlovick, seconded by Couninlfoman Avise, the following Gambling Licenses were approved: Stillwater Elk's Club B.P.O.E. #179 110 South Main St., Stillwater (Paddlewheel, tipboard & raffle) New - -On motion of Councilman Peterson, seconded by Councilwoman Bodlovick, the following Liquor Permit was approved: (all in favor) Yvonne Robinson - Labor Temple - Saturday, November 21, 1981 - Wedding Reception - -5:00 P. M. to Midnite (consume) COMMUNICATIONS - -From the League of Minnesota Cities regarding State Small Cities Community Develop - Ow ment Block Grant (CDBG) Program. (no action taken at this time) - -From the Stillwater Paint & Wallpaper, 120 North Main Street regarding the traffic light system and the removal of loading /parking zones. (Referred to the Public Safety Committee and Glen Van Wormer) CITY CLERK'S REPORT 1. On motion ot Councilman Peterson, seconded by Councilwoman Bodlovick, a resolution was introduced 'EMPLOYING PERSONNEL FOR THE ICE ARENA - Zamboni Operator, Skate Guard and Concession Stand Attendants ". AYES -- Councilwomen Avise and Bodlovick, Councilman Peterson and Mayor Junker NAYS - -None (see resolutions) CITY COORDINATOR'S REPORT (continued) 1. MR. set KRIESEL asked OhebCo c unil1for for a a: b0 budget meeting and this meeting was t Tuesday, 2. MR. KRIESEL asked what the Council their wishes were on the Cable Agreement and this matter was held over the November 3rd meeting. tea • October 20, 1981 APPROVAL OF MINUTES On motion ot Councilman Peterson, seconeed by Councilwoman Bodlovick, minutes of the following meetings were approved: (all in favor) September 15, 1981 September 15, 1981 September 29, 1981 September 29, 1981 October 6, 1981 COUNCIL REOUEST ITEMS None CUESTIONS FROM PRESS REPRESENTATIVES None ORDINANCES Second reading - Ordinance No. 593 - Sunday Liquor Sales RESOLUTIONS- -The following resolutions were read and on roll call were unanimously adopted: 1. Directing the payment of the bills. 2. Accepting the Work and Making Final Payment for Local Improvement No. 185 -Arcon 3. Employing the Personnel for the Arena ADJOURNMENT -On motion of Councilman Peterson, seconded by_ Councilwoman 2odlovick, the meeting adjourned at 9:35 P. M. 1 /�- - /yn Mayor Attest: ity Clerk Regular Meeting Recessed Meeting Special Meeting Recessed Meeting Regular Meeting 4:00 P. M. 7:30 P. M. 4:30 P.M 6:45 P. M. 7:30 P. M. 25 ' 1 • • •