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HomeMy WebLinkAbout1989-07-11 CC MIN r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 11, 1989 4:30 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Opheim, and Mayor Abrahamson. Councilmembers Farrell and Kimble. Absent: Also Present: City Coordinator Kriesel Finance Director Blazek Public Works Director Junker Consulting Engineer Moore Parks Director Blekum Building Official Zepper City Clerk Johnson Press: Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press C. Thell (McGladrey, Hendrickson & Pullen), Jim Aysta. Others: r INDIVIDUALS & DELEGATIONS 1. Jim sta - Oiscussion of Forest Hills Pro'ect. Mr. Ays a pres en concerns regar lng L. . 2 1, Forest Hills/Greeley St. project. Some of them are -- the large size of the ditch for the holdin9 pond, the placement of the pond, the fact that water has not been pumped out of the ditch, the changes made from the original plan with the green belt and jogging track. Council directed the City Engineer to meet with concerned residents on Tuesday, July 18 at 5:00 P.M. at the south end of Harriet Dr. to discuss these concerns. 2. McGladrey Hendrickson & Pullen - 1988 Financial Statement. Chuck Theil, representing McGladrey, Hendrickson & Pullen, explained the Management Letter and 1988 Financial Statement. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to adopt the appropriate resolution accepting the 1988 Financial Statement as presented by McGladrey, Hendrickson & Pullen. (Resolution No. 8106) Ayes - Councilmembers Bodlovick, Opheim and Mayor Abrahamson. Nays - None STAFF REPORTS 1. Finance Director Council will hold a budget. special meeting on July 19 at 4:30 P.M. to discuss the r 1 r Stillwater City Council Minutes Regular Meeting July 11, 1989 2. Public Works - Installation of Streetlight - Interlachen W~ Motion by Councilmember Bodlovick, seconded by ouncilmember Opheim to install a streetlight on Interlachen Way. (All in favor). Installation of Catch Basin - Everett & Orleans St. Motion by Counc1lmember BodloV1Ck, seconded by Councilmember Opheim to install a catch basin on Everett and Orleans St. at an approximate cost of $800. (All in favor). r 3. Parks Director - Permit to Consume - Seestrom Wedding Party Motion by Councllmember Opheim, seconded by Councllmember Bodlovick to approve a Perm1t to Consume for the Seestrom wedding party at Pioneer Park on August 5, 1989. (All in favor). Placement of Satellites for Lumber ack Da s Motion y ounc mem er phelm, secon e y ouncilmember Bodlovick, to approve the placement of four satellites and the locking of the rest rooms in Lowell Park during Lumberjack Days. (All in favor). Bonse Ballfield - Retaining Wall D1Scussion followed between Mr. Blekum, Consulting Engineer Moore and Council regarding plans for a timber wall for Bonse Ballfield. Mr. Blekum will review the plan with Jim Junker and discuss the procurement of volunteers with Mr. Junker for construction of the wall. Discussion also included railroad ties vs. treated timbers. Mr. Blekum will report on progress at the next meeting. 4. Community Develo~ent - Building Officia 's Conference Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to approve the attendance of the Building Official at the Building Officials Conference in California in September at an approximate cost of $1,144.36. (All in favor) . 5. City Coordinator - Mr. Kriesel announced that Larry Bosquet, Washington Co. Public Works, will be at the special meeting on July 25, 1989 to discuss the Orleans St. and County Road 5 traffic controls. 6. City Clerk - Set Public Hearin for Case No. SUB/88-72, Final A roval - Minor u Vl s 1 on 5 4 . ap e t. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to set the public hearing date of July 18, 1989 at 7:00 P.M. for request for final n 2 " r " Stillwater City Council Minutes Regular Meeting July 11, 1989 approval of a minor subdivision at 514 & 518 W. Maple St. in the RB, Duplex Residential Dist., James Blichfeldt, applicant., Case No. SUB/88-72. (All in favor) . RECESS Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to recess the meeting at 5:47 P.M. (All in favor) Resolutions: No. 8106 - Accepting 1988 Financial Statement. ATTEST: AJ~~ UA;~~ 3 n RECESSED MEETING STILLWATER CITY COUNCIL MINUTES July 11, 1989 7:00 P.M. The Meeting was called to order by Mayor Abrahamson. Present: Councilmembers Bodlovick, Farrell, Opheim, and Mayor Abrahamson. Absent: Councilmember Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson Public Works Director Junker Consulting Engineer Moore Planning Comm. Chair. Fontaine Planning Ass't. Pung-Terwedo Offi cer Swanson Public Safety Director Mawhorter City Clerk Johnson Press: Mike Marsnik, Stillwater Gazette Julie Kink, St.Croix Valley Press ("' Others: Leo Lohmer, Clayton Patterson, Gerald Sanford, Mrs. Sanford, Sue Collins, Jim Huntsman, Dick Kilty, Stella Casanova, Dave Carlson, Bob Marois, Gene Bealka, Brian Simonet, Chuck Dougherty, Mrs. Dougherty, Tony Zeuli, David Fabio, Judd Orff, Mike McGuire, Molly Shodeen (DNR), Jerry Cadwell, Mr. Parker (Sch. Dist.), Greg Lindow, Gary Funke, Patrick Anderson, Jeff Peterson. APPROVAL OF MINUTES - Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the minutes of the following meetings as presented: (All in favor). Regular Meeting, May 16, 1989; Regular & Recessed Meetings, June 6, 1989; Special Meeting, June 13, 1989; Regular Meeting, June 20, 1989; Special Meeting, June 27, 1989. PETITIONS, INDIVIDUALS AND DELEGATIONS 1. Pen uin Ice Cream Inc. - Oiscussion of hours of 0 eration and ins ection o veh c e e ore cense lS ~ran e . It was noted that the discusslon of the hours of operation for Penguin Ice Cream, Inc., Peddler's license, was cancelled on request of the applicant. Gene Bealka - Concerns regarding Lily Lake ~Ollution, and request for installation of a four-way stop sign at Bur ington & Third Ave. 2. (' 1 r Stillwater City Council Minutes Recessed Meeting July 11, 1989 Gene Bealka, 711 Lake Dr., presented concerns regarding pollution of Lily Lake and request for a stop sign at the intersection of Burlington & 3rd Ave. Consulting Engineer Moore noted they have been reviewing the problems on Lily Lake. Council stated a workshop meeting is scheduled for July 25 to discuss the placement of stop signs within the City and this request will be reviewed at that time. Motion by Councilmember Opheim, seconded by Councilmember Farrell, directing Short-Elliott-Hendrickson, Inc. to proceed with preparing the grant application for Lily Lake pollution problems. (All in favor) 3. David Fabio - Petition for Street Maintenance David Fabio, 2946 Marine Circle, presented a petition regarding complaints about the road maintenance within the City. Public Works Director Junker stated patching is presently being done and Mayor Abrahamson reported the Consulting Engineer will be presenting a pavement management program later in the meeting. r 4. Key Design, Inc. - Discussion, installation of courtesy benches. Council requested Key Design, Inc. to state where they would like to place courtesy benches in the City and directed this item be referred to the Downtown Review Committee. Discussion of the Esteban Parking Lot City Attorney Magnuson brought Council up to date regarding the status of the Development Agreement with Crown Life and the City's acquiring the parking lot in back of the Grand Garage. He stated the appraisal was higher than that agreed to by Crown Life and they have not responded further. PUBLIC HEARINGS 1. This is the day and time for the Public Hearing on a request for a variance to the rear and sideyard setback requirements for the construction of a bedroom addition at 1010 No. Fourth St. in the RB, Two Family Dist., Billy Jo Elliott, Applicant. Case No. V/89-32. Notice of the Hearing was published in the Stillwater Gazette on June 30, 1989 and copies were mailed to affected property owners. Ms. Pung-Terwedo explained the variance request for construction of a bedroom on the second story of an existing home. Mr. Fontaine stated the Planning Commission approved the request, it is a reasonable request and the neighbors did not object. Mayor Abrahamson closed the public hearing. n 2 r Stillwater City Council Minutes Recessed Meeting July 11, 1989 r Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the request for a variance to the. rear and sideyard setback requirements for the construction of a bedroom addition at 1010 No. Fourth St. in the RB, Two Family Dist., Billy Jo Elliott, Applicant, as conditioned. Case No. V/89-32. (All in favor). 2. This is the day and time for the Public Hearing on a street vacation for the remaining portion of Oak St. between Grove & Hemlock Streets located in the RA, Single Family Residential Oist., Gerald Cadwell & John Doyle, Applicants. Case No. SV/89-34. Notice of the Hearing was publiShed in the Stillwater Gazette on June 30, 1989 and copies were mailed to affected property owners. Ms. Pung-Terwedo reported the adjacent property owners would like the remaining portions of Oak St. between Grove and Hemlock Streets vacated so the whole section of the street between Grove and Hemlock would be vacated. Mr. Cadwell is planning to build a garage and driveway on the extra property from the street vacation. Mr. Fontaine stated the request was approved by the Planning Commission. Mr. Cadwell presented concerns regarding the proposed pedestrian easement regarding privacy and liability and possible destruction of private property. Extensive discussion followed regarding this issue. Tony SChiks, 1322 W. Oak St., stated the bottom of the block does not have a pedestrian easement and both portions of the vacation should be treated alike. The neighbors did not appear, evidently they don't care about the easement. Mayor Abrahamson closed the public hearing. Motion by Councilmember Farrell, seconded by Councilmember Bodlovick to adopt Resolution No. 8107 approving a street vacation for the remaining portion of Oak St. between Grove & Hemlock Streets located in the RA, Single Family Residential Dist., with the condition of a 20 ft. utility easement only, Gerald Cadwell & John Doyle, applicants. Case No. SV/89-34. (All in favor). 3. This is the day and time for the continuation of the Public Hearing amending Ord. No. 699 relating to parking regulations for Fourth St. north of Pine St. and south of Oak St. Notice of the Hearing was sent to affected property owners. Richard Kilty, 118 W. Oak St., stated the ordinance, as it stands, is unfair to the neighborhood and the School District has made no effort over the last forty years to provide visitor parking. f' 3 r (' r Stillwater City Council Minutes Recessed Meeting July 11, 1989 Mr. Parker, Business Manager for the School Dist., stated the School Dist. does not have objections to the way the City wants to provide parking. Options for parking were discussed. Jim Huntsman, 416 So. 4th St., stated he would like to comment on reverting to the old ordinance -- that the streets are very narrow and there should be only one-sided parking on that side. Curb and gutter would provide parking. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim, to have a first reading of an ordinance rescinding Ordinance No. 699, relating to parking regulations on Fourth St. between Pine and Oak Streets. (All in favor). 4. This is the day and time for the continuation of the Public Hearing on L.I. No. 258, the making of an improvement to correct storm drainage problems on So. Sixth St. between the south line of W. Olive St. and the north line of W. Pine St. Notice of the hearing was published in the Stillwater Gazette on July 3, 1989 and sent to affected property owners. Leo Lohmer, 303 W. Olive St., stated his property is where the water drains that is creating the problems on So. Sixth St. and presented a history of the water problems. Consulting Engineer Moore explained the drainage problems again and the alternatives for correcting the problems. Merlin Dowdall, 411 So. Sixth St., inquired about patching the street and if the whole block would be assessed. Mr. Dowdall stated the project on Sixth St. is benefiting only the person on Fifth St. Mrs. Ronald Johnson, 321 Olive St., stated the original plan presents an excessive amount of assessments and is creating a great problem for her. Dean Hanson, 402 So. Sixth St., is encouraged by the lowering of the costs and could live with a patch job. Oan Sample, 315 So. Sixth St., is concerned that upgrading the street will turn it into a racetrack. Judd Orff, representing the owner at 323 So. Sixth St., asked why the residents should share in something that didn't get done right thirty years ago. 4 r r r Stillwater City Council Minutes Recessed Meeting July 11, 1989 that this Possibly the City Dan Fabian, 326 So. Sixth St., agrees with Mr. Orff and reconstruction should be paid out of maintenance funds. could buy Mr. Lohmer's lot for a children's play lot. Mayor Abrahamson closed the public hearing and Council discussion followed regarding sharing the cost with residents or paying the whole amount. Motion by Councilmember Bodlovick, seconded by Councilmember Opheim to approve the repair construction for water problems and patching of the street to South Sixth St. through a change order as outlined by the Consulting Engineer and Public Works Director for an approximate cost of $17,000; and that the ~ty will absorb the costs. (All in favor). Council recessed for ten minutes and reconvened at 9:04 P.M. 5. This is the day and time for the Public Hearing on a request for a variance for the placement of an awning over a deck at Popeye's on the River (Stillwater Yacht Club), 422 E. Mulberry St. in the RB, Two Family Dist. & the Bluffland/Shoreland Dist., Greg Lindow & Bob Marois, Applicants. Case No. V/89-33. Notice of the Hearing was published in the Stillwater Gazette on June 30, 1989 and copies were mailed to affected property owners. Ms. Pung-Terwedo presented background on the request stating it is for an awning to be used for inclement weather during the summer months to cover the existing 1,600 sq. ft. deck, and it is to be put up in spring and taken down in fall. The applicant has clarified they would like the awning to be put up in spring and left until fall. Molly Shodeen, of the DNR, was present and stated the awning shall be inconspicuous in summer months from the river, and suggested the color "blue". The Minnesota/Wisconsin Boundary Area Commission recommended an "earth-tone" color. Extensive discussion followed regarding this and other recommended conditions. Mr. Fontaine stated the Planning Commission was split because of inconsistencies regarding the conditions. Mayor Abrahamson asked Mr. Marois about problems regarding the loud noise from entertainers at the establishment. Mr. Marois stated they are attempting to rectify the problems. Peter Mielke, 416 No. Second St., stated the property owners were not notified regarding this public hearing. It was noted Mr. Mielke lives outside the 300 ft. notice area. He stated the noise from the bands at the Yacht Club are too loud and adversely affect his family. Council stated the issue is not noise at this hearing, but would welcome noise monitoring and would like to study a pOSSible noise ordinance. 5 r r r Stillwater City Council Minutes Recessed Meeting July 11, 1989 Mayor Abrahamson closed the public hearing. Motion by Councilmember Opheim, seconded by Councilmember Farrell, to approve the variance for the placement of an awning over a deck at Popeye's on the River (Stillwater Yacht Club), 422 E. Mulberry St. in the RB, Two Family Dist. & the Bluffland/Shoreland Dist.; and to be used as a seasonal awning -- to be set up no earlier than Memorial Day and taken down no later than Labor Day and that the awning shall be of a color that blends with the marina environment (blue) and the enclosed area should not be screened. (All in favor). 6. This is the day and time for the Public Hearing to consider the transfer of an On-Sale and Sunday Liquor license for Cat Ballou's Restaurant, 112 No. Main St., Gerald R. Sanford, Applicant. Notice of the Hearing was published in the Stillwater Gazette and sent to affected property owners. Mr. and Mrs. Sanford were present to answer questions. Discussion of the regulations presented by Fire Chief Seim in his letter of July 7, 1989 followed and Mr. Sanford stated he is complying with the recommendations. Discussion also ensued regarding the establishment of a poolroom upstairs and signage. Mr. Sanford stated he will work with the Building Official regarding these issues. Mayor Abrahamson closed the pUblic hearing. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the transfer of an On-Sale and Sunday Liquor license for Cat Ballou's Restaurant, 112 No. Main St., to Gerald R. Sanford. (All in favor). 7. This is the day and time for the Public Hearing on the consideration of the closing of the Levee Road to vehicles from Myrtle St. on the north to Nelson St. on the south. Notice of the Hearing was published in the Stillwater Gazette on June 30, 1989 and copies were mailed to affected property owners. Ms. Pung-Terwedo explained the proposed plan for closing the Levee Road because of the traffic hazard to pedestrians and the distraction of vehicles for the use and enjoyment of Lowell Park. Patrick Anderson, 1127 So. Third St., approves of the idea because he likes to walk through the park. Brian Simonet, Simonet's Furniture, stated he is concemed about the flow of traffic through town and asked questions regarding the temporary barriers. He suggested leaving the road open until the issues of Lowell Park are permanently addressed and also stated it is one of the few remaining conduits for traffic. 6 r r r Stillwater City Council Minutes Recessed Meeting July 11, 1989 A lady stated she uses it all the time and wants it left open. Mike McGuire, Dock Cafe and Brick Alley, stated it should be considered if, and when, the park is redone, but leave it open at this time. Further discussion followed between Council and residents. Mayor Abrahamson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Mayor Abrahamson to deny the request for closing the Levee Road. (Ayes - 2; Nays - 2, Councilmember Farrell and Opheim). Motion by Councilmember Opheim, seconded by Councilmember Farrell to table the issue of closing the Levee Road until the full Council is present; and to review alternative suggestions regarding the closing of the road. (Ayes - 3; Nays - 1, Mayor Abrahamson). Council recessed and reconvened at 10:12 P.M. 8. This is the day and time for the Public Hearing to determine whether the building located at 1218 So. Second St. and legally described as Lot 10, Block 3, Churchill and Nelson Second Addition, should be razed, removed and demolished. Notice of the Hearing was published in the Stillwater Gazette on June 30, 1989 and sent to the property owner. City Attorney Magnuson opened by stating that a number of complaints had been received over the years regarding this property being brought up to code and further explained the abatement action. Officer Doug Swanson explained the police investigation that was performed and presented a video showing the condition of the house and yard. City Coordinator Kriesel stated the investigation actually started in January, 1979. Many times Mr. Garavalia has started to make progress in bringing the house up to code and then has stopped and now, the problem has grown worse. Public Safety Director Mawhorter also reported on the pOlice action. Building Official Zepper reported on his review of the case, statin9 it would cost approximately $40,000 to fix the house. Mr. Garavalia stated he didn't get a notice regarding the condition of his house and it will take a long time to fix. Officer Swanson stated he personally delivered the notice to Mr. Garavalia. Bill Simonet stated he was in attendance at the meeting because of Mr. Garavalia's request. He has been working with him on getting the house in order and says it can be renovated. Further discussion followed with Mr. 7 r Stillwater City Council Minutes Recessed Meeting July 11, 1989 Garavalia, Council and Staff regarding notice to bring the house up to code and length of time to fix the house. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick to continue the public hearing to July 18, 1989, 4:30 P.M. at 1218 So. Second St., with the Building Official present, to determine whether Mr. Garavalia has complied with the ordinance and whether the building located there should be razed, removed and demolished. (All in favor). UNFINISHED BUSINESS 1. Possible second reading of Ordinance regarding parking on green landscaped areas in the Downtown Area. Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to have a second reading and enactment of Ordinance No. 707, Prohibiting Parking on Landscaped Areas in the City of Stillwater. (All in favor). Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None r NEW BUSINESS 1. Request for on-site septic permit for 220 W. Poplar St. located in the RA Single Family Residential Dist., Lynne S. Bertalmio, Applicant. Motion by Councilmember Opheim, seconded by Councilmember Bodlovick, to approve the request for an on-site septic permit for 220 W. Poplar St. located in the RA Single Family Residential Dist., Lynne S. Bertalmio, Applicant. (All in favor). CONSENT AGENDA Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to approve the Consent Agenda of July 11, 1989, including the following: (All in favor). 1. Directing Payment of Bills (Resolution No. 8105). Ayes - Councilmembers Bodlovick, Farrell, Opheim and Mayor Abrahamson. Nays - None 2. Contractor's Licenses. Ace Sign Company Route 1 Albert Lea, Minnesota 56007 Sign Erection Renewal Blacktop Driveway Company, Inc. 1187 Frost Avenue St. Paul, Minnesota 55109 Blacktopping Renewal r 8 '" Stillwater City Council Minutes Recessed Meeting July 11, 1989 Bratrud Construction 10600 Stacy Trail Chisago City, Minnesota 55013 Calhoun Custom Builders, Inc. 3714 Upton Street Minneapolis, Minnesota 55410 Masonry and Brick New General Contractor New The Carpenters 10880 Penfield Avenue North Stillwater, Minnesota 55082 General Contractor Renewa 1 Hagman Construction, Inc. 5353 Gamble Drive Parkdale 4 Minneapolis, Minnesota 55416 Horwath Construction 5110 Jamaca Blvd. Lake Elmo, Minnesota 55042 General Contractor New General Contractor Renewa 1 r. Image Pools and Spas, Inc. 1612 South Greeley Stillwater, Minnesota 55082 Excavators Pool Installing Renewal Old Home Construction 7857 Newberry Court Stillwater, Minnesota 55082 General Contractor Renewal Persico Contracting Route 3 Box 132E River Falls, Wisconsin 54022 General Contractor New Peterson Excavating, Inc. 18911 Newgate Avenue North Marine, Minnesota 55428 Stevenson Construction Company 5913 Idaho Avenue North Crystal, Minnesota 55428 Wahlquist Builders 1007 North Owen Street Stillwater, Minnesota 55082 3. Submit claim from Robert Bendix, damage to auto, to insurance agency. Excavators Renewa 1 General Contractor New General Contractor Renewa 1 '" 9 f' Stillwater City Council Minutes Recessed Meeting July 11, 1989 4. Request for sewer bill adjustment at 816 So. 4th St. 5. Request for sewer bill adjustment at 706 W. Laurel St. 6. Gambling License Approval - St. Mary's Church Festival, Sept. 10, 1989. COUNCIL REQUEST ITEMS Councilmember Farrell, in reading the Financial Report regarding expansion of computer considerations, suggested that a study should be made before further purchases. Discussion followed regarding the grease and food build-up problems of the Dock Cafe. (\ City Attorney Magnuson explained some of the state statute changes regarding Off-Sale Liquor sales. He suggested a change in the Stillwater Liquor Ordinances to accommodate these changes. Mayor Abrahamson initiated discussion of the problem of three-wheelers and motorcycles using the Woodland Lakes area and suggested it should be posted. Consulting Engineer Moore suggested this could be done in the public right-of-way. STAFF REPORTS (continued) City Coordinator - p~ent for Sewer Back-up at 1517 Meadowlark Dr. Motion y Councilmember Bodlovick, seconded by Councilmember Farrell to approve payment of $85.00 for a sewer back-up at 1517 Meadowlark Dr. (All in favor) . ADJOURNMENT Motion by Councilmember Bodlovick, adjourn the meeting at 11:35 P.M. seconded by Councilmember Farrell to (All in favor). Resolutions: No. 8107 - Vacation of Oak St. between Grove & Hemlock Streets. No. 8105 - Directing Payment of Bills Ordinances: No. 707 - Parking on Landscaped areas in the Downtown Area. ATTEST: dJ~ U</-(/~~~ 10 ~~ MAYOR (""\