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HomeMy WebLinkAbout1981-11-03 CC MIN• SNIP r. COUNCIL CHAMBERS Stillwater, Minnesota November 3, 1981 7:30 P. M. REGULAR MEETING The meeting was called to order by President Junker. The Invocation was given by the City Clerk. Present: Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker Absent: None Also Present: Finance Director /Coordinator, Kriesel; City Clerk, Schnell; City Attorney, Magnuson; Superintendent of Public Works, Shelton; Public Safety Director, Abrahamson; Director of Parks & Recreation, Blekum; Consulting Engineers, Elliott and Moore; Building Official, Zepper. Press: St. Croix Valley Free Press - Jeanne Landkammer Stillwater Gazette - Bob Liberty Citizens: Mr. & Mrs. Robert Collins, Dan MacDonald Family, Wade Green, Mr. & Mrs. James Swanson, Gene Schleusner, Elvira Conley. Mildred Sawyer, Mrs. Harry Peterson, Jane F. Smith, Jerry Mahoney, Mr. & Mrs. Neal Casey, Marvel Old, Roy Holsten, John and Pauline Dahl, Ray Marshall; Ron Axdahi, Nancy Olson, Mrs. Gary Hanson, Molly Stewart, Joan Mc Milian, Mr. & Mrs. William McDonough INDIVIDUALS & DI 3GATI0NS None PETITIONS From Mr. & Mrs. Bernard Harvieux, West Anderson Street, requesting the vacation of a portion of South Harriet Street (south of West Anderson Street). On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council directed that the City Clerk send a letter to Mr. William McKnight giving him notice of the proposed street vacation, and schedule mhel ingfonosame for the next regular Council meeting for November 17, 1981. PUBLIC HEARINGS 1. This was the day and time for the continuation of the public hearing for a Special Use Permit for John and Pauline Dahl for a teahoust /reception center at 210 East Laurel Street. The Mayor opened the hearing. COUNCILMAN PETERSON asked to be excused as he is a party to this request. RAY MARSHALL representing the Dahls, asked that this request be granted pursuant to reasonable conditions and they are willing to discuss the proposal. Fe HOLSTEN appeared for the opposition of the neighborhood on this request and distributed a handout to the members of the Council on the zoning ordinance. The minutes of the last meeting indicated that this was a Medium Density Multiple Family residential district and it was his understanding that it is a "Two Family District" and the rules vary slightly, but not to a great degree. He cited the uses that are permitted in this particular district (1) those of a social services for the community area; (2) schools which are social needs of the community; (3) cemetery, churches and other places of worship; (4) the main building of clergymen, architects, etc. - he felt that this did not fit what they are talking about in this request as these are small businesses in the home with low volume traffic around thew; (5) other commercial uses found not be objectionable to the neighborhood. He did not feel that this fits the definition of the problem that is being presented at this time as he understood that there has been some objection raised - if it is read any other way it would have to be based upon factors, then he would say that this is vague and un- constitutitional. In addition "local retail businesses of the corner store variety normally required for the daily needs of the locality such as an establishment for the sale of dairy products, delicatessen, fruits, etc. - he did not feel that the use that this building is going to be put to would be in this category and it is not a multi - family dwelling. He felt that the use that is being asked for does not fit this ordinance in any- thing other than this would be a rezoning of the area and not to be used as a Special Use Permit. He made reference to another section whereby if a Special Use Permit is to be granted no such permit shall be granted unless it is found that the use for such permit is sought will not be injurious to the neighborhood for the public welfare or be in harmony to the general purpose of this ordinance. (continued on page 28) • • • • November 3, 1982 On the last page he referred factors Council finds this the look at, as he understands it, g that the Special Use Permit that is being asked of them to pass upon and that is (1) the character and use of both adjoining property of land and buildings- from the testimony heard the last time that this particular area that is residential and did not feel thrt there w an (2 athecamounteof that to a use and point and pone; ( -) the hour upon which the traffic would generally be generated - he understood that the petitioners have asked that they be limited to somewhere around 80 and he assumed that most of these would be evening type activities and some would also be on the week- ends - the amount of vehicles that would be parked on the street and cars pulling out from the house or the parking lot and there are going to be traffic problems (3) noise, odor and glare that would eminate from the proposed use - he felt that the use of amplifiers would be the noise factor regardless of the kind of music - he did not feel that they could control the amount of noise by limiting the number of people in a place or the kind of instruments - (4) air pollution control, solid waste6torage and disposal measures are a problem. He read the record of the last meeting and he has checked with Mr. Shelton and e was informed that this particular building is one of the very few in Stillwater that is not on City sewer and that they have a septic system that services that building. He felt that to have somehwere between 40 to 80 people come in for a wedding reception and /'' the cooking of meals and the washing of dishes would be totally incompatible with a septic system and felt that there had been no evidence to date that experienced be resolved. He made reference to run -off problems that have Washington County Historical Society just below this property = - did not know it it was from this residence. He did not feel that this type of operation would be compatible with this type of system. He felt that the Dahls were very sincere about not having liquor on their establish- __ went but he felt that it could be brought in and that liquor would be involved. Se did not feel that the use that the Council was being asked to pass upon is comptarible with the ordinance and would not allow the use of the building for a reception hall whether it was by private invitation or open to the public - this is a "Commercial" use in a residential area and the items of concern of the neighbors being the traffic safety - the noise problem - septic system problem and the other future problems, in- cluding the liquor problem - he did not feel that the Coundil should act in a favorable manner on this petition. DAN MAC DONALD, 118 East Laurel, stated that a number of the neighbors in that particular area are violently opposed to the proposed use - they have a number of concerns and one of his greatest concerns was that if the Council did grant this Special Use Permit, that they are really establishing a very dangerous precident. If he should come to the Council within a few months for the same type of permit for his home that has about the same value today as the Peterson home, what would the Council's response be to him. :his is an area of principally one family homes and the neighborhood would like to keep it that way - he was very muck concerned about the property value of his home - what will happen to the value of that home should this usage be granted - in the past Mr. Peterson has been a great defender of the neighborhood and the community - he has taken the position that we should keep business where business belongs - they in the neighborhood feel that this is definitely a "commercial "establishment and they are con- cerned that the sale of the property is contingent upon this permit being granted - they feel that they have one of the finest neighborhoods in the City of Stillwater and they would like to keep it that way - he congratulated the Council in their solving the pro- blems that were being experienced with Pioneer Park with the restrictions that were placed on it. They were requesting the denial of this Special Use Permit. NEAL CASEY, 107 East Laurel, stated that they are against any commercialization of the North Hill and supported Mr. MacDonald's statements. WADE GREEN, 116 East School Street, stated that he wanted to keep it as a private you will neighborhood and not a business district - it one tthe willl and before you know it you have artique shops, nec off right now that they could continue to keep it as a "residential" neighborhood. RAY MARSHALL, attorney for the petitioner, stated that he disagreed pith Mr. Holsten that this is a "commercial" use under the statutes as under the ordinance it is a permitted "special use" - the house will continue to be used for residential purposes - reasonable conditions can be imposed by the Council - he felt that the reference to the septic system is irrevelant as far as he knew that system does work - Mr. Peterson testified at the last hearing that they frequently have large gatherings there and to his knowledge they had no problems with the system whatsoever - if the system fails they will make the ncessary repairs. The Council could improse a restriction that they keep the system in proper repair and that the Dahls would agree with thrt. JOAN MC MILLAN 2321 - 101st Street stated that she has been working with the Petersons and the Dahls and she detailedthe parking - there is one parking area way back and that is not in view of anybody and then there would be a+:.ther area and there were several ways to come out of the property, and the driveway already there. COUNCILWOMAN BODLOVICK asked about the on -site system and MR. PETERSON confirmed the fact that this property does have an on -site system. • • • • • • n November S, 1981 MAYOR JUNKER asked Mr. Shelton which sewer line that property would have to hook into and MR. SHELTON stated that when they did the reconstruction of North Second Street and as he recalled they repaired the sewer in that area just beyond Laurel and he was quite sure that there is rock in that area but a lot of that street was also sandy so it was possible that the sewer could be put into that area with the type of pump systems that they have now - it is expensive, but it could be done. COUNCILWOMAN BODLOVICK, asked about the run -off problems at the Historcial Scoiety and MR. PETERSON replied that he has never been informed of any problems from their septic system that has interferred with the old prison property, the Historical Society property or any other - the septic system that he has is in the orchard area and it is very close to Second Street - it is a septic system that is served by three 45 foot field drains that were put in about 20 years ago and it is a very porous soil there - he has never heard of any runoff. He stated there is plenty of other area if an auxiliary septic system had to be installed and there is probably acres in which a field drain could be installed in order to accommodate possibly 100 people per nite. As far as surface drainage the whole bank goes that direction and he was not aware of a pipe drain in that area, it is just the natural drainage that goes down the Laurel Street steps. n MAYOR JUNKER stated that the problem at the Historical Society was a broken pipe at the museum itself and there was a new pipe put in Main Street for them. MAYOR JUNKER asked Mrs. Dahl when you talk about a tearoom if she was talking about 20 women at two or three o'clock in the afternoon for a tea party. MRS DAHL stated that the wedding reception concept was used over and over again and she really felt because they are going to be limited by the size of the house and they are going to be limited by parking, wedding receptions, she felt, is not going to be their biggest thing - she would think that they would have more like bridal dinners, rehearsal dinners, anniversary parties, private birthday parties would be far more apt tc fit the size of the operation that they are talking about and if it was a wedding reception it would be a very small one and that noise and bands and alcohol and all of these kinds of things would not be a big problem - she is planning on much smaller groups, and she would like to have tea parties. MAYOR JUNKER stated that what really bothered him, if they were to have 60 to 70 people there then they would have to have parking and that would mean blacktop or crushed rock and he personally felt that they were taking away from the beauti- fication of the home itself and that they would be giving the neighbors some of the concerns of what they have to look at - if she was to have a tea party at two o'clock in the afternoon with 25 women and ten cars he was sure that there would be no objections - how about Saturday afternoon or Friday with 40 cars in a blacktop parking lot - he could sec the neighbors concerns - if she was to have a three day a week tea party for three hours, he did not feel that there would be any objections, but he did believe that with a wedding reception or any large gathering of people where you have 40 to 50 cars which could happen - have to look down the future at this - it could and will happen - then he felt that the neighbors do have a concern- then it is a commercial building. MRS. DAHL asked if he felt that a parking lot properly done which would not be offensive - they are not planning to tear up the entire yard to do that - they have the two places that they are talking about - they will be living there and they want to keep it as lovely as it is now - they are concerned and they feel that they have a solution for it with the two areas that have been described. w• 1J mai 1 COUNCILWOMAN AVISE asked for clarification as to the parking areas which were explained again by Ms. McMillan - north of the garage and to the east of the home. COUNCILWOMAN AVISE asked how they would come in and out of that area and they explained that they would come in on Laurel and come out or the circular driveway and out once again on Second Street. DAN MAC DONALD felt that the number of people should be clarified and the number of 80 people was mentioned at the Planning Commission meeting and he felt that it was ria.'culous to have that number of people using a facility that is on a septic tank - it was his understanding that when there is a change like this that the City require that they have City sewer before the change is made and felt also that it was danger- ous to take a piece of property like this and to have the sale contingent upon this Special Use Permit as they are obviously talking about a commercial establishment. MR. ZEPPER did not feel that the septic system would be a problem - an on -site system can be made functional - there is a lot of area - and did not feel that this was a very valid argument. MAYOR JUNKER felt that was a bad statement - there are springs running to the river from there - he felt that if the permit was granted that they would have to make them put in a pumping station fr',m the house to the Second Street sewer or hookup to Main Street - once you put in an on -site sewer system in, then where do you go with the new one ten years from now if a commercial property had to use that much and has to have another one. 29\ • • • • • • November 3, 1981 MR. MARSHALL stated that there is nothing wrong with the existing system - we are not talking about any more intense use than it is presently being used for - the Petersons have had large gatherings there on a number of occasions and they are not talking about 70 or 80 people coming there to live or stay overnite, or stay for long periods of time. He did not think that they are talking about the kind of use that is going to intensify or necessarily cause that system to immediately fail - they are not interested in having a system that does not work - if it should ever fail, they will take care of it. MAYOR JUNKER stated that he agreed with him, but if you go to the South Pill of Stillwater they have on -site sewer systems and the problems there have not yet come up to n great extent, but when they do, the City will have a problem - there are currently problems there now with three or four of them - Mr. Bradshaw is having all kinds of problems with the sewer system and he is trying to hookup with the City of Oak Park Heights and he believes that if this permit is granted, there would have to be a stipulation that they hookup to the City sewer with a pumping system - they run $10,000 and he believed that for Dahls own benefit and for the City's benefit that they shald be made to do it if this is granted. You cannot rely on the on -site sewer system when you have 70 to 80 people there - there would have to be quite a few drain fields to take care of any large family. MR. MARSHALL felt that a hookup in the case of a failure would be a reasonable condition - a hookup right now when the system is working is probably not a reason. THE MAYOR CLOSED THE HEARING. COUNCILWOMAN AVISE asked if the Council could discuss what she had asked Mr. Magnuson to draw up and see what the feelings are - this was a proposal for a Proposed Special Use Permit and she read the proposal at this time: A Special Use Permit for the operation of a reception and tea room is hereby granted on the following terms and conditions: 1. That the facility, before doing business, meet all fire, life safety and building code regulations of the State of Minnesota and the City of Stillwater. 2. That the facility shall not be in use or nperation after the hour of 1:00 A. M. 3. That the consumption of wine within the meaning of Stillwater ordinances shall be permitted. However, prior to the consumption of intoxicating liquors on the premises, the permit holder shall apply for a consumption permit fifteen (15) days in advance of the consumption. 4. No identification, advertising or other signs shall be permitted, except those specifically authorized by the City Council. 5. The permit holder shall take every reasonable step to insure that patrons will park on the premises and not on the public street adjacent thereto. 6. The capacity shall be limited to seventy (70) patrons. 7. Live music shall be prohibited except for stringed instruments of the "chamber" variety and rock and country western music shall be prohibited completely. 8. That the facility shall not operate during Lumberjack Days. 9. That this permit is non - transferable and no rights or interest in this permit may be assigned or otherwise transferred except by permission of the City Council. 10. This permit shall be reviewable six (6) month from the date of issuance and at any time upon petitition of a substantial number of neighbors. 11. That the permitees agree that they have no vested rights in this permit and that the terms and conditions herein imposed are reasonable and that violation of any condition thereof shall be sufficient cause for the revocation of this permit. She had a problem in adding a point if the existing septic system should fail that hook -up to the City sewer would be required. RAY MARSHALL stated that the restriction on the consumption permit for liquor was agreeable through a Letter to the City Council - they have capacity for 80 and did not know if going from 70 to 80 would be a problem, but they would like to reserve the right to request if they have a group of 72 or 76 that they could request that specific approval - other than that it was basically acceptable. NEAL CASEY was arnfused on the number - he thought it was 25 or 30 person tea room and we are now talking about 75 or 80 - is this a tearoom - 75 or £0 would not be considered a tearoom. ROY HOLSTEN stated that for the protection of the Dahls and the City that someone with knowledge of septic system to see if this is feasible - he did not know if the sale would go through if it had to be sewered - if the Dahls are prepared to put it in if it doesn't go through - he did not feel that it would be sensible to godhead if it fails and then you fix it. MRS. NANCY OLSON asked who is going to enforce all of these restrictions - that the place is closed up at one o'clock - that there will be no liquor served. MAYOR JUNKER stated that it is the City of Stillwater's job to enforce it and he did not feel that any of the Council is going up there and the Chief will go up there and sit - there are a lot of restrictions. • • • • • • MRS. DAHL stated that if these are the restrictions and if these in any way shape or form would help appease the neighborhood,she personally,and her husband, would certainly go along with them. They want this permit and they want to keep the permit and they would go nothing in the world to have the permit taken away - they will be purchasing the home and be living there and hopefully provide a service for Stillwater. She has been in contact with the Lowell Inn for a private dining room for a bridal dinner for 30 people - 60 people is the minimum - and she felt that they would be a compliment with the Lowell Inn with this type of operation. MR. CASEY asked if the Dahls did not live there, would that cancel that permit and MAYOR JUNKER stated absolutely and they would have to live in that home for that use that we are talking about - this would not be transferable. COUNCILWOMAN BODLOVICK asked about the hours and asked if they put eleven o'clock P. M. on the permit would that cause any hardships and she felt that possibly that midnite would be a compromise. JAYNE FINNEGAN SMITH was confused about the liquor requirements and this restriction was re -read at this time At the time of the Planning Commission meeting they were under the impression that there would be only wine or champagne that would be served and now tonite they are told at this time that with an application 15 days prior to a wedding reception or an anniversary party, and there is a good chance that this would be approved, and there will not only be a tearoom in this area, but they will also be faced with having a "bar" and she really violently objected to that. when MR. MAGNUSON stated that /they were making up the restrictions on this, they were looking at it objectively and they could not imagine a reception without something to drink - he checked with the Liquor Control Commission and they stated that this is a common practice and there is no problem with it as long as it is not sold there - if the caterer wants to serve liquor brought in by the patrons, that is fine - it would be permissable under the State Law and if the Dahls wanted to do that, they would notify the City and the City would keep a list of neighbors that would sign up at City Hall and Dorothy would notify all of the neighbors so that the people could keep an eye on the place during that time if there were any problems. They were trying to arrive at some reasonable restrictions. MRS. DAHL stated that they were not going to apply for a liquor license - they are not going to encourage liquor at this place - if they request that they would like a drink before dinner and if it is by law all right, and if it is permitted they will have it sent in - it is not going to be a big deal - they might have one drink before dinner - that is not what they are encouraging. JAYNE F. SMITH asked hoathey planned to discourage this a•.l MRS. DAHL stated that she would say that wine is available. THE MAYOR CLOSED THE HEARING FOR THE SECOND TIME. On motion of Councilwoman Avise, seconded by Councilwoman Bodlovick, that the Special Use Permit be granted with the modification of the hour of operation to be midnite as opposed to 1:00 A. M. and adding the clause stating that if there is any failure at all of the septic system that attachment to the City Sewer be required (the conditions of the proposal as previously indicated in the minutes). VOTE ON THE MOTION - AYES -- Councilwomen Avise and Bodlovick NAYS -- Councilman MacDonald and Mayor Junker MAYOR JUNKER indicated that he is satisfied with the tearoom, but not a restaurant, so he voted "no" on this proposal. ;permit denied) 2. This was the day and time for the public hearing on Case No. 420 for William McDonough, 704 South First Street for a variance to permit two residences on one piece of property by remodeling the carriage house for living quarters. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on October 23, 1981 and copies were mailed to all property owners within 300 feet. • The Mayor opened the hearing. MR. MC DONOUGH explained that they plan to put in living quarters with one bedroom and it is contingent on bank financing and they do not have the specific plans drawn up at this time. No one appeared in favor or opposed to this request - it was approved by the Planning Commission on October 26th. The Mayor closed the hearing. On motion of Councilwoman Avise, seconded by Councilman MacDonald, the Council granted the variance for the remodeling of a carriage house at 704 South First Street into living quarters. (all in favor) Novemu..i 7, 1961 3 • • • • • November 3, 1981 3. This was the day and time for the public hearing for Case No. 432 for James Swanson, 320 South Hemlock Street for a chain saw sharpening service in a residential district. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on October 23, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. & MRS. SWANSON were in attendance and stated he set his own hours of four to eight o'clock P. M. during the weekdays and weekends - that they will have an extinguisher and that there will be no posted signs on the property - only newspaper advertising. No one appeared in favor or opposed to this request. The Planning Commission approved this request on October 26th. The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise,the Council granted the Special Use Permit to James Swanson, 320 South Hemlock Street for a chain sharpening service in a residential district. (all in favor) 4. This was the day and time for the public hearing on Case No. 433 for Ronald Axdahl, 310 South Sixth Street for a Special Use Permit to operate a small machine shop in his basement. Notice of the hearing was published in the Stillwater Evening Gazette, the official newspaper of the City on October 23, 1981 and copies were mailed to all property owners within 300 feet. The Mayor opened the hearing. MR. AXDAHL was in attendance and he will be the only employee and this would be his full -time activity - the Planning Commission approved this request on October 26, 1981. No one appeared in favor or opposed to same (He had presented a petition earlier that his neighbors had signed and they were not opposed to this request). The Mayor closed the hearing. On motion of Councilwoman Bodlovick, seconeed by Councilwoman Avise, the Council granted the Special Use Permit to Mr. Axdahl for a machine shop in his basement. (all in favor) UNFINISHED BUSINESS None NEW BUSINESS 1. On motion of Councilwoman Avise, seconeed by Councilman MacDonald, a resolution was introduced "DIRECTING THE PAYMENT OF THE BILLS ". AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) INDIVIDUALS & DELEGATIONS (continued) None at this point APPLICATIONS On motion of Councilman Peterson, seconded by Councilnan MacDonald, the Council granted the following Contractor's Licenses: (all in favor) Gausman Builders 907 Payne Avenue, St. Paul 55101 General New Notch Building Systems 660 Transfer Rd., St. Paul 55114 General Renewal COMMUNICATIONS From the League of Minnesota Cities regarding the delay in payments from the State of Minnesota. Mr. Kriesel stated that this should not create any problems at the present time. • • • • • • November S, 1981 - -From Short- Elliott- Hendrickson regarding Main Street Parking Removals north of Myrtle Street, United Parcel Service regarding on- street parking on Main .. Street, also from the General Drivers on the same matter. Mayor Junker stated that these will be referred to the Public Safety Director and a letter will be sent to the State regarding the safety on North Main Street - Chief Abrahamson will draft the letter and take it from there. CITY CLERK'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, the Council referred the petition from Paul Emerson to rezone his property on County Road No. 5 to the Planning Commission. (all in favor) CITY COORDINATOR'S REPORT 1. MR. KRIESEL requested that the Council set up a date for a Budget Meeting and it was agreed that this meeting would be held at 6:30 P. M. on November 10, 1981. n 2. Thenewas discussion on the request from Grady Thompson, 1316 South Everett Street to raise the water level of Brick Pond. MR. ELLIOTT stated that drainage from the Brick Pond goes into Lily Lake and he felt that it could be separately controlled, but it is construed at the present time that the level of Lily Lake is also the control of Brick Pond - there is an inter- connecting pipe under Greeley Street 0 he could see an advantage of controlling the Brick Pond separately and the potential holding of it at a higher level and he felt that it was a valid request and it might improve Lily Lake - it is something that would require DNR input and input from their office. The total ownership of the shoreline would have to be inventoried as to who would like the water at what level and had no idea how long it would take to accomplish this - it is possible to do it providing that you can get an agreement with the abutting property owners and permission from DNR. Questions were asked about assessing it back to the property owners and Mr. Elliott felt that it could be done. MR. MAGNUSON asked how would the Council distinguish between this and the Lily Lake and the McKusick Lake projects ince these were done as a city wide benefit because of the recreational areas and possibly a precident has been set. MR. ELLIOTT stated that they could do a preliminary dheck with with Mr. Thompson and possibly he could make a survey of the neighborhood and speed up the project. MR. SHELTON stated that Mr. Thompson's house and Mr. Bohlken's house, if they raised it two feet, would be the only houses affected as far as having their footings under the level of the pond. All they would have to do is shoot the pond now and shoot their footings and see that they are going to have - he knew where Mr. Thompson's home was built, who built it and it was all fill and they have a big inlet and if it is raised two feet and they have an two by twelve stuck in the outlet from that pond to Lily Lake right now, if it is flowing over there and it was the last time that he saw it just a little bit - if they want to take that as an elevation and shoot their footings since they are the only two houses that will be affected and the rest would in no way be affected by raising that pond up four or five feet because they are all above that level - they all have basements and they could have a problem. There is also a storm sewer in this area and we could be tampering with something. Mr. Elliott was directed to shoot the level of these two homes and report back to the Council. 3. MR. KRIESEL made reference to the memo on the Residential Facility at 306 West Olive Street and the number of residents from the month of February thru October - the Administative Commttee felt that the City should send Mr. Richard Anderson a letter stating that there is probable cause for revocation of the Special Use Permit at 306 West Olive Street, and that the City Council would like to discuss the permit at the next Council meeting. On motion of Councilwoman Bodlovick, seconded by Councilimn Peterson, that Mr. Richard Anderson be notified by letter of the possibility of his Special Use Permit being revoked for non - conformance. (all in favor) THE MAYOR DECLARED A RECESS FROM 8:40 to 8:50 P. M. 444 CONSULTING ENGINEER'S REPORT 1. On motion of Councilwoman Bodlovick, seconded by Councilwoman .;vise, the Council authorized the signing of the Change Order No. 3 for Local Improvement No. 184 which results in a deletion from the original contract for a change in the watermains in the Oak Glen Development. (all in favor) • • ( 84 • November S, i9o1 2 MR. ELLIOTT discussed with the Council the memo and feasibility for the Edgewood Ditch Improvement which showed a total estimate of $65,172.75 for this project. The high cost is due to the manner in which the pipe would have to be put in and if this had been done originally it would not have been a big thing - it was a solution at that time that appeared proper and there are about six or seven property owners that are affected by it now. Questions were asked about the possibility of recovering any of this by assessments and MR. ELLIOTT stated that you would have to go to the publir hearing route and it would be a very interesting public hearing - the drainage district for this goes all the lay back into Fairmeadows and it would include a substantial portion of Croixwood Seventh Addition, and Fifth Addition. MR. MAGNUSON felt that it was discretionary with the Council - it would be similar to the ravines in town and the question is what the responsibility is to make every one of them to look pleasing - it does handle storm water run -off without any danger to anybody and it would be just be a benefit tc a few people there - it would be difficult to have a public hearing to delineate that entire watershed and then argue with the properties in Fairmeadows that their market values increased by such an assessment. MR. KRIESEL asked for Council permission to see if there is some way that we can come up with some form of financing, and there were concerns about the high cost figures. MR. ELLIOTT stated that the Council should make a decision sometime during the time of the Oak Glen Project because of material costs increasing, and that the Council make such a decision - within the next couple of weeks. 3. MR. MOORE Presented the final plans for the Industrial Park Lighting Project - it is primarily the Industrial Park including Curve Crest Blvd. to Greeley Street and ted cost some lighting facilities on the Frontage Road and by the motel. The t im a ted coati- would be $207,544 and the assessments would be $1, 0 per otel, whereas bility study it was $1,334 per acre. On motion of Councilwoman Bodlovick, seconded by Councilwoman Avise, a resolution was introduced "APPROVING. THE FINAL PLANS AND SPECS, DIRECTING THE CLERK TO ADVERTISE FOR opening would be AN. ASSESSMENT November 1981 and LOCAL e assessment T hearing l would h be bid December 15, 1981 at 7:30 P. M. with a bid hold of seventh days. AYES -- Councilwomen Avise and Bodlovick, Councilmen MacDonald and Peterson and Mayor Junker NAYS - -None (see resolutions) 4. MR. ELLIOTT appraised the Council of the problems that they are having with the Burlington Northern on the Oak Glen Development Project. 5. MR. MOORE reported that the Oak Glen Project is progressing very well. COMMITTEE REPORTS PUBLIC SAFETY 1. On motion. of Councilman Peterson, seconded by Councilman MacDonald, the Council authorized the Mayor and the City Clerk to sign the Capitol City Mutual Aid Association Agreement. (all in favor) PUBLIC WORKS 1. MF.. SHELTON reported that the reason that the Orleans Street barricade has not been put in is because they had to order some signs and they should be arriving any day - they have to have a sign "ROAD CLOSED AHEAD" and a sign "ROAD CLOSED ". 2. MR. SHELTON has had numerous requests for the stripping of South Fourth Street at Pine Street - this will have a tendency to keep the cars on the right side and if the Council so desires they will double -strip it with a yellow or white line. (No action was indicated) 3. MR. SHELTON reported that he had a quote from Peter Miller on repairing the sewer line on Hickory Street from North Fourth to North Second and it is not a very good bid and he said that he would do it for $7,500 but it is not a guar teed bid. He will continue to secure other bids and report back to the Co. .cil since this is a real problem. MR. ELLIOTT was directed to send a member of their firm to check out this problem and possibly recommend a temporary solution until spring. 4. MR. SHELTON AND MR. ZEPPER made a request fa.an Energy Management of Public Buildings Seminr sinceaweadidahave some done Candcthedsameo not shouldtbet would be worthwhile reviewed • 0 • PS • • done about installing parking meters on 5 COUNCILMAN erILrO Street PETERSON M asked what is being the barrels are ready and all he him that has to do is find some meters 1 rsto a put td into them. 6. MR. SHELTON reposed that the sign has been ordered far the Senior Citizens Parking meter. into the new Ogren - th . SHELTON reported gett ghit they are putting 7, station was and t etn about the location with MR tSe LTONers getting t in and vew y ands in that lthetsin where the new sidewalk the o rt put ln. w in a new driveway and extending the sidewalk and the first meter to the north will be removed and they will place three meters along 1 ION A vi s, Mr. Bleknm was BUILDING OFFICIAL'S REPORT November 3, 1981 PASS & RECREATION seconded by Councilwoman v s , On motion of Councilman Peterson, authorized to advertise for wanting house attendants for iThs cheap (all for l 2. MR_ '..LEKUM asked the Council how they were coming a eng with po planting of memorial trees in the parks - they were not ready to take action at this time. as station 1. Mt. ZEPPER reported that he had a call and a letter about the abandoned g at stn he nedt of f and lsetbacksnfortthets with the MR. MAGNUSON building and of andw e questioned MR. MAGNUSON N h s e tated statat ed that the ordinance provides for the abandonment of the non - conforming uses and he would need a Special Use Permit to conduct a commercial business and all filling stations require a Special Use Permit in any district. There s discussion adopted. the Existing Business Ordinance and this ordinance was MR. ZEPPER was directed to informithe parties that they would have to make application for a Special Use Permit. conducted at the Care Service that is being graders 2. MR. ZEPPER inquired about the Upe have School Board approval and asked what the Washington School for five days per week for first, second and third g from s s0 to 6:00 s M. and they in& City's situation is on that king of an operation. a school building for the same purposes and would be allowable for MR. MAGNUSON stated that is nothing more than they are doing except different h using 35� ours - the present zoning. MR. SHELTON stated that the problem up there on Linden Street use the is that they parking problem - heafelththatrtheyrked north entrance to the school and causes a p g for designate a p arking area for these people for pick -up for extendded periods of time. MAYOR JUNKER asked Mr. Shelton and Mr. Abrahamson to check this out and report back at the next Council meeting. problems with Gerald 3. ZEPPER reported to the Council ehat we h avin g nee still having p m ul has another m ittar Cook, a rk, a contractor who does not have a license and does not pull permit and asked smw t hn for Council direction as to forhhimd (Ken d Rydeen) MR. about this Macrec jail. MR MAGNUSON recommended mended that we charge him with another crime as each repeated violation is more serious and the judge g will sooner or later put him in j exmits to Ken Rydeen, unless he produces and the next Mr. Zepper that he hi pule to refuse permit issue P to Magnuson M. and Cook, an a formal a time get a is pulling nthat the ee f the hparty and not for Mr. time he gets a complaint that he bring complaint. artments and he would like to G do, ZEPPER again ice the matter of the bad ap do something about ut licensing ng apartmments this year. He felt that there should be some kind of licensing procedures if we have complaints on them and was thinking about a figure of $5.00 per year. MR. MAGNUSON felt that we could enforce the Housing Code and Mr. Zepper said that there is the problem of getting in there. will go in know that M R . know that they can get in there, but they MAYOR JUNKER felt that it should be automatic that he cool g ZEPPER stated that they tenant will be evicted the next month. go ower when you suspect that something like this is going on you MR. MAGNUSON stated that the Police Chief could knock on the door and cout g maker the police P reasonable hour. ... make an inspection at any • 2 • • (36 • CITY ATTORNEY'S REPORT MR. MAGNUSON stated that he is receiving calls in his office of two people living near the Bruces on North Second Street stating that there are people living in the garage and MR. ZEPPER reported that he has a letter in his car which he has been trying to deliver to this party, but cannot find him at home to give him the letter. COUNCIL REQUEST ITEMS MAYOR JUNKER asked that the Council review the letter from Bruce Klosowsky in regard to going t0 the seminar in New Orleans - the School District will pay $550 and the balance of $310 is being requested from the City and he will be going on our time and the Union wants him to go on vacation, but he will be going on City time according to him. BRUCE would also like to have a different car arrangement and MR. KRIESEL stated that he talked to Bruce on that aid this has been resolved. MR. KRIESEL stated that the School District is willing to provide $550 to send Bruce to the seminar and he felt that sending him to the seminar would imitate to Bruce that the City feels that he is doing a good job. He also s -ated that he would like to contact Washington County since Bruce's position takes care of the whole Washington County Area and approach them to see if they will share in that. Councilwoman Bodlovick, felt that Bruce should consider using his vacation for this seminar. QUESTIONS PROM THE PRESS REPRESENTATIVES None ORDINANCES None RESOLUTIONS The following resolutions were read and roll call were unanimously adopted: 1. Directing the Payment of the Sills. *2. Approving the Plans and Specs, Advertise for Bids and Order Assessment Hearing for Local improvement No. 191. * Not published before deadline - repassed November 17, 1981 Attest: ,xq City C erk November 3, 1981 • ADJOURNMENT On motion of Councilwoman Bodlovick, seconded by Councilman MacDonald, the meeting adjourned at 9:40 P. M. L' a, — 7" Cti71h^ Mayor • 0 • •