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HomeMy WebLinkAbout1985-07-02 CC MIN AGENDA STILLWATER CITY COUNCIL JULY 2, 1985 4:30 P.M. 7:30 P.M. .~ Regular Meeting Recessed Meeting 4:30 P.M. AGENDA PETITIONS OF INDIVIDUALS DR DELEGATIO~S 1. 8ill Dietz - Request for Loading Zone sign on E.Chestnut for Multi -Print. STAFF REPORTS 1. Public Safety 4. Finance Director 7. Fire Chief 2. Public Works 5. Parks & Recreation 8. City Attorney 3. Building Official 6. Consulting Engineer g. City Coordinator 10. City Clerk 7:30 P.M. AGEND' . CALL TO ORDER INVOCATION ROLL CALL APPROVAL OF MINUTES June 18, 1985 - Regular Meeting 6:30 P.M. INDIVIDUALS & DELEGATIONS PUBLIC HEARINGS . 1. Case #587 - Thomas R. Kraft, 913 So. 4th St. - request for variance to construct swimming pool closer than 10 ft. to property line. Notice of the Public Hearing was publishpd in the Stillwater Gazette on June 21, 1985. 2. Case #588 - Clarence Polzin, 2135 Oakridge Rd. - request for 2 ft. sideyard variance for construction of garage. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. 3. Case #589 - Don & Tim Nolde, 332 W. Laurel - request for variance, 23.5 front footage; 3,047.5 sq. ft. variance. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. 4. Case #590 - Ronald & Sandra Johansson, 2916 Marine Cir. - request for 2 ft. front yard variance. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. 5. Case #591 - Michael Tobiassen, 2349 Driftwood Ln. - 266 sq. ft. garage variance. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. 6. Case #592 - Mark & Jean Taylor, 1302-1304 N. 4th St.- request 5 ft. depth variance on each side lot; 10 ft. rear variance on each lot, subdivision of building. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. PETITIONS, INDIVIDUALS OR DELEGATIONS (continued) UNFINISHED BUSINESS NEW BUSINESS . 1. Oirecting Payment of Bills. (Resolution No. 7490) 2. Set Public Hearing Dates for the following Planning Cases: Case 1593 - John A.Fox, 437 So. Second - request Spec. Use Permit for a Bed & Breakfast facility. Case 1594 - Mike Collins, 309 W. St. Croix Ave. - request for 10 ft. front yard setback variance for construction of a shed. Case #595 - Grant D. Ranum, 522 W. Hickory St. - request reduction of required building separation variance (7 ft.). Case 1596 - Lawrence Rose, 1321 So. 5th St. - request Spec. Use Permlt for construction of a commercial building. Case #597 - Geo. & Louise Speers, 1229 3rd Ave. So. - 5 ft. sideyard setback variance to construct a 3-season porch. 3. Request for 1986 Wage Negotiations - Stillwater Firefighter's Association. . 4. First Reading of Ordinance No. 637 - Amendin9 Stillwater City Code, Chap. 30, Subd. 8, Garbage & Rubbish. INDIVIDUALS & DELEGATIONS (continued) COUNCIL REQUEST ITEMS . . . '.. STAFF REPORTS (continued) APPLICATIONS (List to be supplied at meeting) COMMUN ICAlIONS 1. Request for ~ IS-minute parking meter - St. Croix Drug Co. 2. Parking study & sign request - Val Croix Condos, 301 So. 3rd St. QUESTIONS/COMMENTS FROM NEWS MEDIA ADJOURNMENT 3 . . . REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 2, 1985 4:30 P.M. The meetin9 was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald, and Mayor Peterson. None Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter City Engineer Meister Director of Parks & Recreation Blekum Building Official Zepper Finance Director Caruso Fire Chief Chial City Clerk Johnson Terry Lee, Valley Free Press Bill Dietz, Multi-Print Press: Others: PETITIONS OF INDIVIDUALS OR DELEGATIONS 1. Request for Loading Zone sign on E. Chestnut St. for Multi-Print. Mr. Bill Dietz was present to explain that he is requesting a loading zone at the base of the Chestnut St. stairs, next to the Arlington Apartments. He explained that people from the apartments are parking there constantly and he has one or two trucks that come in during the day to deliver paper. After discussion of the deck, plans for the second floor, and parking needs for the Arlington Apartments, the following motion was passed: Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve a temporary 12 ft. loading zone at the base of the Chestnut St. stairs for Multi-Print, 8:00 A.M. - 5:00 P.M., Monday through Friday. (All in favor) Council directed Chief Mawhorter to check on cars parked in that area for an excessive length of time. STAFF REPORTS 1 . . Regular July 2, 1. Parks & Recreation Director Blekum - Mr. Blekum presented a request for a Permlt To Consume from Fran Patterson for the St. Mary's church softball team. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the Application to Consume for the St. Mary's Church Softball Team to be held at Pioneer Park, July 16, 1985, 7:30 p.m. to dusk. (All in favor) Mr. Blekum reminded Council that Mr. Denny Meyer had asked to block off the parking lot next to Lowell Park on Friday, July 12 in order to move in bleachers for the Christian Rock Concert to be held on Sunday, July 14, 1985 in Lowell Park. Chief Mawhorter also stated that Mr. Meyer had requested to have the first strip of parking, next to the river, blocked off and reserve this area for shuttle busses. Discussion followed regarding this item. 2. Building Official - No report 3. Public Works - City Engineer Meister requested the purchase of a hand-held radio for the Public Works Dept. to use in c~mmunicating while in their trucks. Motion by Councilmember Junker, seconded by Councilmember MacDonald to authorize the purchase of a hand-held radio, at ~ cost of $565.00, for the Public Works nept. (All in favor) Mr.Meister requested authorization to send George Diethert to a Pavement Rehabilitation Workshop in either Detroit Lakes or Virginia, Minn. at a cost of $30.00 for registration and provision for motel and meals for 2 days. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to authorize attendance at a Pavement Rehabilitation Workshop for George Diethert, with payment of the $30.00 registration fee and payment for motel and meals for 2 days. (All in favor) Mr. Meister stated Short, Elliott, Hendrickson has prepared an estimate for a feasibility report for the Dave Majeski property at a cost of $2,800. Discussion followed regarding this cost being absorbed by the assessment costs. Mr. Kriesel stated he would like to see more of a commitment from the property owner in taking care of this. City Attorney Magnuson spoke of his own personal situation (he lives in the area) whereby he would like to see the feasibility done. Motion by Councilmember Junker, seconded by Councilmember Kimble to order the feasibility study done by Short, [lliott, Hendrickson for the Majeski property. (All in favor) 2 Regular Meeting July 2, 1985 . Mr. Meister stated he has received the bids on the one-ton truck and the low bid was White Bear Dodge at $13,150 with a trade-in. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution to award the bid for the one-ton truck to White Bear Dodge Center at a cost of $13,150 with a trade-in of the 1979 Dodge Dump Truck, Unit No.2. (Resolution No. 7492) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson . Nays -- None 4. Fire Chief - Chief Chial presented bids received for the new fire truck and stated that low bid was from General Safety for a complete truck at $121,360.00; with separate chassis at $69,035.00 and delivery of complete truck at $52,325.00. Discussion followed regardifig financial arrangements. Council deferred decision on this item until the July 16, 1985 meeting. 5. Public Safet~ - Chief Mawhorter drew Council's attention to the commendation of Officer's Swanson and Schreffler by Michael Castelluccio, E~S Direct~r of Lakeview Memorial Hospital, for efforts in saving _,~ life of a citizen suffering a heart attack. Mr. Mawhorter advised Council that in the month of June, Officer Ulrich has handled 97 cases and cleared 51 of them. Chief Mawhorter commented on the memo from St. Croix Drug Co. requesting a IS-minute parking meter on Union alley. Motion by Councilmember Junker, seconded by Councilmember MacDonald to honor the request of St. Croix Drug Co. and authorize the placement of a 15-minute parking meter on Union alley, the first parking space on the east side across from Washington Federal. (All in favor) Chief Mawhorter commented on the request received from Joe and Shirley Nolde, Caretakers of the Val Croix Condo at 301 So. Third St. for "Residential Parking Only. signs. Chief Mawhorter's recommendation is that the City not put up residential parking signs because they are not enforceable, and also during his research it was noted that there are 83 pa~king spots within a one block-radius of the condo. Also recummended is that parking be restricted 30 ft. back from the intersection of Third and Olive Sts. to facilitate . 3 Regular Meeting July 2, 1985 . turning in to the driveway of the condo and to see traffic traveling south on Third St. Motion by Councilmember Kimble, seconded by Councilmember Bodlcvick to deny the request for "Residential Parking Only" signs; but to restrict parking 30 ft. back from the intersection of Third and Olive Sts. (All in favor) Chief Mawhorter requested that a maintenance agreement be approved for two computers in the Police Dept. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the maintenance agreement for the IBM AT and IBM PC in the Police Dept. at a cost of $796.60. (All in favor) . Mayor Peterson stated he has been working on parking tickets and has discovered that from Feb. 29, 1984 to November, 1984 about 30% of the tags issued have not been paid. This percentage has carried over to 1985. He stated this should be enforced and suggested that they be put on the computer to aid the Police Dept. in collecting these fees. City Attorney Magnuson stated that the ordinance has established that if two or more tags are given to an individual in a year, it constitutes a misdemeanor. Chief Mawhorter suggested using the policy the Police Dept. has in effect for insufficient funds checks i.e., the person receives a notice that the check was not paid and they have a certain number of days to pay it. If not paid, criminal cha~ges are filed. No action taken. 6. Finance Director - Ms. Caruso distributed the audit and financlal report of the City. Ms. Caruso explained the three resolutions establishing pOlicies regarding the use of city cars and the reporting of taxable income and withholding from employees fnr the use of these cars. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to adopt the appropriate resolution establishing policy regarding the personal use of city vehicles required to be used by the employees for commuting to and/or from work. (Resolution No. 7489) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays -- None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution establishing policy . 4 . . . Regular Meeting July 2, 1985 for reporting taxable income and withhol~ing from employees for personal use of city provided vehicle. (Resolution No. 7493) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays -- None City Attorney Magnuson suggested a correction on Resolution No. 7494 in paragraph 3 as follows: "...except when it is temporarily located elsewhere for repairs or the like". Motion by Councilmember MacDonald, seconded by Councilmember Bodlovick to adopt the app~opriate resolution establishing policy regarding the personal use of city vehicles when the vehicle is not to be used for other than business purposes, with the correction suggested by the City Attorney. (Resolution No. 7494) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None 7. City Attorney - Mr. Magnuson stated there are a numher of places in "Dutchtown" that will involve some street vacations. Mr. Magnuson will review this with the City Engineer. 8. City Clerk - City Clerk Johnson asked Council review of the letter from the Minnesota Trarsportation Museum regarding the special train which will be run during Lumberjack Days and the following weekend. This was for information only. 9. City Coordinator - Mr. Kriesel stated he has received a request from Joyce Amdahl of Valley Tours to authorize the placing of a banner which would state "Welcome Buick Salesmen" on Main St. in the vicinity of Nelson St. Approval will be needed from the Dept. of Transportation. After discussion, Council passed the following motion: Motion by Councilmember Junker, seconded by Couuncilmember MacDonald to approve the placement of a banner welcoming Buick salesmen on Chestnut St. near Union Alley. (All in favor) Mr. Kriesel asked Council permission to advertise for the Ice Arena Manager. He stated a meeting was held with the Ice Arena Study Commission and a new job description was developed with emphasis on promotion of the arena and management. 5 . . Regu ar ng July 2, Motion by Councilmember Junker, seconded by Councilmember Kimble to authorize the advertisement for tne Ice Arena Manager position. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to recess the meeting until 7:30 P.M. (All in favor) Resolutions: No. 7489 - Establishing Policy Regarding the Personal Use of City Vehicles required to be used by the employees for commuting to and/or from work. No. 7492 - Accepting Bid & Authorizing Execution of Contract for I-Ton Truck. No. 7493 - Establishing Policy for Reporting Taxable Income and Withholding from Employees for Personal Use of City Provided Vehicle. No. 7494 - Establishing Policy Regarding the Personal Use of City Vehicles When the Vehicle is Not to be Used for Other than Business Purposes. ATTEST: ~~L~~ , !ltd_J MAYOR 6 . STILLWATER CITY COUNCIL MINUTES July 2, 1985 7:30 P.M. RECESSED MEETING The Meeting was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Absent: None Also Present: City Coordinator Kriesel City Attorney Magnuson City Clerk Johnson Building Official Zepper Press: None Others: Den and Tim ~olde, Rob Hamlin, Curt Oswald, Barb Lee, Thomas Kraft, Clarence Polzin, Ronald Johansson, Michael Tobiassen, Mark Tayor, and Mr. & Mrs. John Fox. APPROVAL OF MUNUTES: . Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Minutes of the Regular Meeting of June 18, 1985, as presented. (All in favor) INDIVIDUALS & DELEGATIONS - None PUBLIC HEARINGS 1. This is the day and time for the public hearing on Case No. Sa7, Thomas Kraft, 913 So. 4th St., request for variance in order to construct swimming pool closer than 10 ft. to property line. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on June 21, 1985. Mr. Kraft was present to explain his request. He stated he is planning to construct the pool a foot smaller, 16 x 32, than originally planned. Mr. Zepper stated that all swimming pools shall be located in a rear yard at a distance of at least 10 ft. from any property line; therefore he would need a 6 ft. sideyard variance on the north side, 7 ft. variance on the south side and a 3 ft. variance on the rear. ryther . 1 . . . Recessed Meeting July 2, 1985 variances may also be needed. No one was present to speak for or against the proposed pool. Considerable discussion followed regarding this item. Mayor Peterson commented that variances are being granted too freely and the ordinances are being ignored. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request of Thomas Kraft, 913 So. 4th St., Case No. 587, for a variance in order to construct a swimming pool closer than 10 ft. to the property line. (Ayes 2, Nays 3 - Councilmembers Bodlovick, Kimble, and Mayor Peterson voted Nay; request denied). 2. This is the day and time for the public hearing on Case No. saa, Clarence Polzin, 2135 Oakridge Rd., request for a 2 ft. sideyard variance for construction of garage. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. Mr. Polzin explained he is asking for a 2 ft. variance in order to construct a double garage. The existing garage is 11 ft. from the property line. Building Official Zepper explained Mr. Polzin's options in the construction of the building. Mr. Polzin can't change his plan because of the porch on the back. It was noted that a letter was received from Harry Klaassen, a neighbor of Mr. Polzin's, objecting to the proposed building. No one was present to speak for or against the proposed garage and Mayor Peterson closed the Public Hearing. M~tion by Councilmember Junker, seconded by Councilmember Kimble to approve the request for a 2 ft. sideyard variance for thE construction of a garage by Clarence Polzin, 213S O,kridge Rd., Case No. S88. (Vote: 3 - 2, Councilmember MacDonald and Mayor Peterson voted Nay; motion carried.) 3. This is the day and time for the public hearing on Case No. 589, Don and Tim Nolde, 332 West Laurel St., request for a 23.5 front footage, and 3,047.S sq. ft. variance. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. Tim Nolde was present on behalf of himself, his company and Scott Ritzer, owner of the property, to explain that variances were needed in order to construct a duplex on the property where a fire had occurred. He explained there are several duplexes and triplexes in the area and off-street parking will be provided. 2 Recessed ting July 2, 1985 . Barb Lee, 32~ W. Laurel St., a neighbor, was present to speak in favor of the proposal, saying it would be a new house and off-street parking would be provided. Jerry Fontaine, Planning Commission Member, stated the Planning Commission had extensive debate on this issue and approved the request with a 3 - 2 vote. Curt Oswald, 334 W. Laurel St., presented a petition, signed by 12 people, opposing the duplex, because the house is too big for the lot and it would pose a parking problem. Bruce Langness, 404 W. Laurel St., is opposed to the duplex, stating the same objections of the size of the house for the lot and the parking problem. He suggested a single-family house be built on the lot. Don Nolde stated that the original house was built as a duplex and the new house will be improving the assessed valuation of the City. Mayor Peterson corrected Mr. Nolde by saying the house was never planned to be a duplex. Mrs. Kumerow, 309 Laurel St., asked about the front footage of the lot. . Dee Gorman, spoke in favor of a single-family home and said she has a concern about congestion caused by a duplex. Scott Pitzer, owner of the property, stated that he will be providing off-street parking and bring up the value of the area by building this duplex. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Kimble to deny the request of Don and Tim Nolde, for a 23.S front footage variance and 3,047.S sq. ft. variance to constr' -t a duplex at 332 W. Laurel St., Case No. Sa9. (Ayes - 4, Nays - 1, Councilmember Bodlovick voted Nay) Council took a six-minute recess and reconvened at 8:32 P.M. 4. This is the day and time for the public hearing on Case No. 590, Ronald & Sandra Johansson, 2916 Marine Circle, request for 2 ft. front yard variance. Notice of the Public Hearing was published sin the Stillwater Gazette on June 21, 1985. Mr. Johansson was present to explain his need for the variance in order to build his garage 2 ft. closer to the . 3 . . Recessed Meeting July 2, 1985 property line. Also, he will build a woodworking shop over the garage. Mike Tobiassen, 2349 Driftwood Lane, spoke in favor of the applicant's request. Mr. Fontaine stated there was no opposition to this request and the Planning Commission voted in favor of granting approval. Councilmember Bodlovick clarified the point that the woodworking shop would not be a commercial venture. Mayor Peterson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to approve the 2 ft. front yard variance for Ronald & Sandra Johansson, 2916 Marine Circle, with the stipulation that no commercial operation be allowed in the new addition to the garage, Case No. 590. (All in favor) Councilmember Kimble questioned whether it is appropriate to put a restriction on the use of the workshop above the garage (it didn't require a variance) simply because it is above the portion that does require a variance. City Attorney Magnuson replied the zoning ordinance would prohibit a commercial operation. S. This is the day and time for the public hearing on Case No. 591, Michael Tobiassen, 2349 Driftwood Lane, request for a 266 sq. ft. variance to construct a garage and storage. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. Mr. Tobiassen explained he is requesting the variance in order to construct a garage/shop area. His plan at this time will be somewhat smaller than that presented in the drawing. This will not be a commercial venture. The main use is for hobby and storage of a boat. No one spoke for or against the proposal. Mr. Fontaine stated the Planning Commission voted to approve the request. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request of Michael Tobiassen, 2349 Driftwood Lane for a 266 sq. ft. variance in order to construct a garage and storage area, Case No. 591. (All in favor) 6. This is the day and time for the public hearing on Case No. 592, Mark & Jean Taylor, 1302-1304 No. Fourth St., request 4 Recessed Meeting July 2, 1985 . for 5 ft. depth variance on each side lot; 10 ft. variance on each lot for subdivision of building. Notice of the Public Hearing was published in the Stillwatyer Gazette on June 21, 1985. Mr. Taylor explained that he will not alter the existing building, but would like to subdivide the existing duplex and sell it as halves. He has been unable to sell it as it now stands. Dis'ussion of the variances follo_ed. Mr. Fontaine stated the Planning Commission approved the request, but he added that the figures have changed since their meeting. Mr. Zepper explained that the boulevard was originally included in the dimensions, and should not have been. Don Nulde asked the City Attorney if Mr. Taylor would have to appear before Council if he wanted to change this duplex into a condominium. Mr. Magnuson stated he would have to plat it as a condominium, and would need Council approval. . Mayor Peterson closed the public hearing. Mayor Peterson commented that a variance was created to handle a hardship and financial hardship, is not in itself, a basis for granting a variance. Other comments addressed the zero lot line and the way the house is set on the lot; and a homeowners agreement. Mr. Fontaine stated there was a neighLor concerned about building going on behind, but had no objections to this request. Councilmember Bodlovick voiced concern about the large amount of the variance. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request for variance for Mark & Jeanne Taylor, 1302-1304 No. Fourth St., for subdivision of duplex, Case No. S92. (Vote: 3 - 2; Councilmember Bodlovick and Mayor Peterson voted Nay) NE~ BUSINESS 1. Directing Payment of Bills Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution Directing the Payment of Bills. (Resolution No. 7490) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None . S Recessed Meeting July 2, 1985 . 2. Motion by Councilmember Junker, seconded by Councilmember Kimble to set the public hearing date of July 16, 1985 for the following Planning cases: (All in favor) Case No. S93 - John A. Fox, 437 So. Second St. - request for Special Use Permit for Bed & Breakfast facility. Case No. 594 - Mike Collins, 309 W. St. Croix Ave. - request for 10 ft. front yard setback variance for construction of a shed. Case No. 59S - Grant D. Ranum, 522 W. Hickory St. - request reduction of required building separation variance (7 ft.) Case No. S96 - Lawrence Rose, 1321 So. 5th St. - request Special Use Permit for construction of a commercial building. Case No. 597 - George & Louise Speers, 1229 3rd Ave. So. - S ft. sideyard setback variance to construct a 3-season porch. 3. Request for 1986 Wage Negotiations - Stillwater Firefighter's Ass'n. - Council directed City Coordinator Kriesel to set a date for meetings with this group. 4. First reading of Ordinance No. 637 - Amending Stillwater City Code, Chap. 30, Subd. 8, Garbage & Rubbish. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to have a first reading of Ordinance No. 637, "Ordinance Amending Stillwater City Code, Garbage and Rubbish, Chapter 30, Subdivision 8". (All in favor) COUNCIL REQUEST ITEMS Councilmember Bodlovick stated she had received a letter from Bill Fredell resigning from the Cable Commission. Jackie Ulrich is presently an alternate and Councilmember Bodlovick recommends appointing Ms. Ulrich to fill Mr. Fredell's unexpired term. The commission will also need an alternate. Motion by Councilmember Junker, seconded by Councilmember MacDonald to appoint Jackie Ulrich to fill the unexpired term of Bill Fredell on the Cable Commission. (All in favor) Councilmember Bodlovick stated she had received a call from the Chamber of Commerce asking if the Council would like to ride in the Lumberjack Days Parade. Council is asked to notify the Chamber. . 6 ~,-. . . . Recessed ng July 2, 1985 Councilmember Junker requested a Beer Permit for July 12, 13 and 14, 1985 for a softball tournament at Lily Lake Ballfield. Motion by Councilmember MacDonald, seconded by Councilmember Kimb'e to approve a Beer Permit for the Stillwater Merchants Fast-Pitch Softball Tournament on July 12, 13, and 14, 1985 to be held at Lily Lake Ballfield. (All in favor) APPLICATIONS Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the following Contractor's licenses: (All in favor) Bruette Roofing 8510 Demontreville Tr.N. Lake Elmo, Mn. S5042 Langness Woodworking 10752 Stonebridge Tr. Stillwater, Mn. 55082 Roofing Renewal General Contractor Renewa 1 Sheltermasters, Inc. 5412 Eagle St. White Bear Lk., Mn. 55110 General Contractor New Council discussed some of the unsightly properties in the city and how to facilitate improvement. Building Official Zepper reportep progress to date. Council directed that documentation of these cases be done and letters be sent to these individuals. ADJOURNMENT Motion by Councilmember MacDonald, seconded by Councilmember Junker to adjourn the meeting at 9:3S P.M. (All in favor) Resolutions: No. 7490 - Directing Payment of Bills ATTEST: .4 0, j}~~~~ , 1'1 OR ~I~/t~~ 7 r REGULAR MEETING STILLWATER CITY COUNCIL MINUTES July 2, 1985 4:30 P.M. The meeting was called to order by Mayor Peterson. Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald, and Mayor Peterson. None Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson Public Safety Director Mawhorter City Engineer Meister Director of Parks & Recreation Blekum Building Official Zepper Finance Director Caruso Fire Chief Chial City Clerk Johnson Press: Terry Lee, Valley Free Press Bill Dietz, Multi-Print Others: ~ PETITIONS OF INDIVIDUALS OR DELEGATIONS 1. Request for Loading Zone sign on E. Chestnut St. for Multi-Print. Mr. Bill Dietz was present to explain that he is requesting a loading zone at the base of the Chestnut St. stairs, next to the Arlington Apartments. He explained that people from the apartments are parking there constantly and he has one or two trucks that come in during the day to deliver paper. After discussion of the deck, plans for the second floor, and parking needs for the Arlington Apartments, the following motion was passed: Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve a temporary 12 ft. loading zone at the base of the Chestnut St. stairs for Multi-Print, 8:00 A.M. - 5:00 P.M., Monday through Friday. (All in favor) Council directed Chief Mawhorter to check on cars parked in that area for an excessive length of time. STAFF REPORTS ~ 1 Regular Meeting July 2, 1985 1. Parks & Recreation Director Blekum - Mr. Blekum presented a request for a Permit To Consume from Fran Patterson for the St. Mary's church softball team. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the Application to Consume for the St. Mary's Church Softball Team to be held at Pioneer Park, July 16, 1985, 7:30 p.m. to dusk. (All in favor) Mr. Blekum reminded Council that Mr. Denny Meyer had asked to block off the parking lot next to Lowell Park on Friday, July 12 in order to move in bleachers for the Christian Rock Concert to be held on Sunday, July 14, 1985 in Lowell Park. Chief Mawhorter also stated that Mr. Meyer had requested to have the first strip of parking, next to the river, blocked off and reserve this area for shuttle busses. Discussion followed regarding this item. 2. Building Official - No report 3. Public Works - City Engineer Meister requested the purchase of a hand-held radio for the Public Works Dept. to use in communicating while in their trucks. Motion by Councilmember Junker, seconded by Councilmember MacDonald to authorize the purchase of a hand-held radio, at a r-'. cost of $565.00, for the Public Works Dept, (All in favor) r r Mr.Meister requested authorization to send George Diethert to a Pavement Rehabilitation Workshop in either Detroit Lakes or Virginia, Minn. at a cost of $30.00 for registration and provision for motel and meals for 2 days. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to authorize attendance at a Pavement Rehabilitation Workshop for George Diethert, with payment of the $30.00 registration fee and payment for motel and meals for 2 days. (All in favor) Mr. Meister stated Short, Elliott, Hendrickson has prepared an estimate for a feasibility report for the Dave Majeski property at a cost of $2,800. Discussion followed regarding this cost being absorbed by the assessment costs. Mr. Kriesel stated he would like to see more of a commitment from the property owner in taking care of this. City Attorney Magnuson spoke of his own personal situation (he lives in the area) whereby he would like to see the feasibility done. Motion by Councilmember Junker, seconded by Councilmember Kimble to order the feasibility study done by Short, Elliott, Hendrickson for the Majeski property. (All in favor) 2 Regular Meeting July 2, 1985 r Mr. Meister stated he has received the bids on the one-ton truck and the low bid was W~ite Bear Dodge at $13,150 with a trade-in. Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution to award the bid for the one-ton truck to White Bear Dodge Center at a cost of $13,150 with a trade-in of the 1979 Dodge Dump Truck, Unit No.2. (Resolution No. 7492) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays -- None 4. Fire Chief - Chief Chial presented bids received for the new fire truck and stated that low bid was from General Safety for a complete truck at $121,360.00; with separate chassis at $69,035.00 and delivery of complete truck at $52,325.00. Discussion followed regarding financial arrangements. Council deferred decision on this item until the July 16, 1985 meeting. r 5. Public Safety - Chief Mawhorter drew Council's attention to the commendation of Officer's Swanson and Schreffler by Michael Castelluccio, EMS Director of Lakeview Memorial Hospital, for efforts in saving the life of a citizen suffering a heart attack. Mr. Mawhorter advised Council that in the month of June, Officer Ulrich has handled 97 cases and cleared 51 of them. Chief Mawhorter commented on the memo from St. Croix Drug Co. requesting a 15-minute parking meter on Union alley. Motion by Councilmember Junker, seconded by Councilmember MacDonald to honor the request of St. Croix Drug Co. and authorize the placement of a 15-minute parking meter on Union alley, the first parking space on the east side across from Washington Federal. (All in favor) Chief Mawhorter commented on the request received from Joe and Shirley Nolde, Caretakers of the Val Croix Condo at 301 So. Third St. for "Residential Parking Only" signs. Chief Mawhorter's recommendation is that the City not put up residential parking signs because they are not enforceable, and also during his research it was noted that there are 83 parking spots within a one block-radius of the condo. Also recommended is that parking be restricted 30 ft. back from the intersection of Third and Olive Sts. to facilitate r 3 Regular Meeting July 2, 1985 r turning in to the driveway of the condo and to see traffic traveling south on Third St. Motion by Councilmember Kimble, seconded by Councilmember Bodlovick to deny the request for "Residential Parking Only" signs; but to restrict parking 30 ft. back from the intersection of Third and Olive Sts. (All in favor) r Chief Mawhorter requested that a maintenance agreement be approved for two computers in the Police Dept. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the maintenance agreement for the IBM AT and IBM PC in the Police Dept. at a cost of $796.60. (All in favor) Mayor Peterson stated he has been working on parking tickets and has discovered that from Feb. 29, 1984 to November, 1984 about 30% of the tags issued have not been paid. This percentage has carried over to 1985. He stated this should be enforced and suggested that they be put on the computer to aid the Police Dept. in collecting these fees. City Attorney Magnuson stated that the ordinance has established that if two or more tags are given to an individual in a year, it constitutes a misdemeanor. Chief Mawhorter suggested using the policy the Police Dept. has in effect for insufficient funds checks i.e., the person receives a notice that the check was not paid and they have a certain number of days to pay it. If not paid, criminal charges are filed. No action taken. 6. Finance Director - Ms. Caruso distributed the audit and financial report of the City. Ms. Caruso explained the three resolutions establishing policies regarding the use of city cars and the reporting of taxable income and withholding from employees for the use of these cars. Motion by Councilmember Kimble, seconded by Councilmember MacDonald to adopt the appropriate resolution establishing policy regarding the personal use of city vehicles required to be used by the employees for commuting to and/or from work. (Resolution No. 7489) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays -- None Motion by Councilmember Bodlovick, seconded by Councilmember Kimble to adopt the appropriate resolution establishing policy r 4 r r r Regular Meeting July 2, 1985 for reporting taxable income and withholding from employees for personal use of city provided vehicle. (Resolution No. 7493) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson Nays -- None City Attorney Magnuson suggested a correction on Resolution No. 7494 in paragraph 3 as follows: ....except when it is temporarily located elsewhere for repairs or the like". Motion by Councilmember MacDonald, seconded by Councilmember Bodlovick to adopt the appropriate resolution establishing policy regarding the personal use of city vehicles when the vehicle is not to be used for other than business purposes, with the correction suggested by the City Attorney. (Resolution No. 7494) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None 7. City Attorney - Mr. Magnuson stated there are a number of places in "Dutchtown" that will involve some street vacations. Mr. Magnuson will review this with the City Engineer. ~itl Cl~rk - City Clerk Johnson asked Council review of the et er rom the Minnesota Transportation Museum regarding the special train which will be run during Lumberjack Days and the following weekend. This was for information only. 9. City Coordinator - Mr. Kriesel stated he has received a request from Joyce Amdahl of Valley Tours to authorize the placing of a banner which would state "Welcome Buick Salesmen" on Main St. in the vicinity of Nelson St. Approval will be needed from the Dept. of Transportation. After discussion, Council passed the following motion: 8. Motion by Councilmember Junker, seconded by Couuncilmember MacDonald to approve the placement of a banner welcoming Buick salesmen on Chestnut St. near Union Alley. (All in favor) Mr, Kriesel asked Council permission to advertise for the Ice Arena Manager. He stated a meeting was held with the Ice Arena Study Commission and a new job description was developed with emphasis on promotion of the arena and management. 5 r r, (' "...:J........ I............:r July 2, 1985 Motion by Councilmember Junker, seconded by Councilmember Kimble to authorize the advertisement for the Ice Arena Manager position. (All in favor) ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Kimble to recess the meeting until 7:30 P.M. (All in favor) Resolutions: No. 7489 - Establishing Policy Regarding the Personal Use of City Vehicles required to be used by the employees for commuting to and/or from work. No. 7492 - Accepting Bid & Authorizing Execution of Contract for I-Ton Truck. No. 7493 - Establishing Policy for Reporting Taxable Income and Withholding from Employees for Personal Use of City Provided Vehicle. No. 7494 - Establishing Policy Regarding the Personal Use of City Vehicles When the Vehicle is Not to be Used for Other than Business Purposes. ATTEST: t4 &1114.-" ~~ " MYOR CITY CL~ 6 o RECESSED MEETING STILLWATER CITY COUNCIL MINUTES July 2, 1985 7:30 P.M. The Meetin9 was called to order by Mayor Peterson. The Invocation was given by City Clerk Johnson Present: Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. None Absent: Also Present: City Coordinator Kriesel City Attorney Magnuson City Clerk Johnson Building Official Zepper Press: None Others: Don and Tim Nolde, Rob Hamlin, Curt Oswald, Barb Lee, Thomas Kraft, Clarence Polzin, Ronald Johansson, Michael Tobiassen, Mark Tayor, and Mr. & Mrs. John Fox. r APPROVAL OF MUNUTES: Motion by Councilmember Junker, seconded by Councilmember Bodlovick to approve the Minutes of the Regular Meeting of June 18, 1985, as presented. (All in favor) INDIVIDUALS & DELEGATIONS - None PUBLIC HEARINGS 1. This is the day and time for the public hearing on Case No. 587, Thomas Kraft, 913 So. 4th St., request for variance in order to construct swimming pool closer than 10 ft. to property line. Notice of the hearing was published in the Stillwater Gazette, the official newspaper of the City, on June 21, 1985. Mr. Kraft was present to explain his request. He stated he is planning to construct the pool a foot smaller, 16 x 32, than originally planned. Mr. Zepper stated that all swimming pools shall be located in a rear yard at a distance of at least 10 ft. from any property line; therefore he would need a 6 ft. sideyard variance on the north side, 7 ft. variance on the south side and a 3 ft. variance on the rear. Other r 1 r r r Recessed Meeting July 2, 1985 variances may also be needed. No one was present to speak for or against the proposed pool. Considerable discussion followed regarding this item. Mayor Peterson commented that variances are being granted too freely and the ordinances are being ignored. Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request of Thomas Kraft, 913 So. 4th St., Case No. 587, for a variance in order to construct a swimming pool closer than 10 ft. to the property line. (Ayes 2, Nays 3 - Councilmembers Bodlovick, Kimble, and Mayor Peterson voted Nay; request denied). 2. This is the day and time for the public hearing on Case No. 588, Clarence Polzin, 2135 Oakridge Rd., request for a 2 ft. sideyard variance for construction of garage. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. Mr. Polzin explained he is asking for a 2 ft. variance in order to construct a double garage. The existing garage is 11 ft. from the property line. Building Official Zepper explained Mr. Polzin's options in the construction of the building. Mr. Polzin can't change his plan because of the porch on the back. It was noted that a letter was received from Harry Klaassen, a neighbor of Mr. Polzin's, objecting to the proposed building. No one was present to speak for or against the proposed garage and Mayor Peterson closed the Public Hearing. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request for a 2 ft. sideyard variance for the construction of a garage by Clarence polzin, 2135 Oakridge Rd., Case No. 588. (Vote: 3 - 2, Councilmember MacDonald and Mayor Peterson voted Nay; motion carried.) 3. This is the day and time for the public hearing on Case No. 589, Don and Tim Nolde, 332 West Laurel St., request for a 23.5 front footage, and 3,047.5 sq. ft. variance. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. Tim Nolde was present on behalf of himself, his company and Scott Ritzer, owner of the property, to explain that variances were needed in order to construct a duplex on the property where a fire had occurred. He explained there are several duplexes and triplexes in the area and off-street parking will be provided. 2 Recessed Meeting July 2, 1985 r Barb Lee, 326 W. Laurel St., a neighbor, was present to speak in favor of the proposal, saying it would be a new house and off-street parking would be provided. Jerry Fontaine, Planning Commission Member, stated the Planning Commission had extensive debate on this issue and approved the request with a 3 - 2 vote. Curt Oswald, 334 W. Laurel St., presented a petition, signed by 12 people, opposing the duplex, because the house is too big for the lot and it would pose a parking problem. Bruce Langness, 404 W. Laurel St., is opposed to the duplex, stating the same objections of the size of the house for the lot and the parking problem. He suggested a single-family house be built on the lot. Don Nolde stated that the original house was built as a duplex and the new house will be improving the assessed valuation of the City. Mayor Peterson corrected Mr. Nolde by saying the house was never planned to be a duplex. Mrs. Kumerow, 309 Laurel St., asked about the front footage of the lot. r Dee Gorman, spoke in favor of a single-family home and said she has a concern about congestion caused by a duplex. Scott Ritzer, owner of the property, stated that he will be providing off-street parking and bring up the value of the area by building this duplex. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Kimble to deny the request of Don and Tim Nolde, for a 23.5 front footage variance and 3,047.5 sq. ft. variance to construct a duplex at 332 W. Laurel St., Case No. 589. (Ayes - 4, flays - 1, Councilmember Bodlovick voted Nay) Council took a six-minute recess and reconvened at 8:32 P.M. 4. This is the day and time for the public hearing on Case No. 590, Ronald & Sandra Johansson, 2916 Marine Circle, request for 2 ft. front yard variance. Notice of the Public Hearing was published sin the Stillwater Gazette on June 21, 1985. Mr. Johansson was present to explain his need for the variance in order to build his garage 2 ft. closer to the r 3 r r r Recessed Meeting July 2, 1985 property line. Also, he will build a woodworking shop over the garage. Mike Tobiassen, 2349 Driftwood Lane, spoke in favor of the applicant's request. Mr. Fontaine stated there was no opposition to this request and the Planning Commission voted in favor of granting approval. Councilmember Bodlovick clarified the point that the woodworking shop would not be a commercial venture. Mayor Peterson closed the public hearing. Motion by Councilmember Bodlovick, seconded by Councilmember MacDonald to approve the 2 ft. front yard variance for Ronald & Sandra Johansson, 2916 Marine Circle, with the stipulation that no commercial operation be allowed in the new addition to the garage, Case No. 590. (All in favor) Councilmember Kimble questioned whether it is appropriate to put a restriction on the use of the workshop above the garage (it didn't require a variance) simply because it is above the portion that does require a variance. City Attorney Magnuson replied the zoning ordinance would prohibit a commercial operation. 5. This is the day and time for the public hearing on Case No. 591, Michael Tobiassen, 2349 Driftwood Lane, request for a 266 sq. ft. variance to construct a garage and storage. Notice of the Public Hearing was published in the Stillwater Gazette on June 21, 1985. Mr. Tobiassen explained he is requesting the variance in order to construct a garage/shop area. His plan at this time will be somewhat smaller than that presented in the drawing. This will not be a commercial venture. The main use is for hobby and storage of a boat. No one spoke for or against the proposal. Mr. Fontaine stated the Planning Commission voted to approve the request. Mayor Peterson closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the request of Michael Tobiassen, 2349 Driftwood Lane for a 266 sq. ft, variance in order to construct a garage and storage area, Case No. 591. (All in favor) 6. This is the day and time for the public hearing on Case No. 592, Mark & Jean Taylor, 1302-1304 No. Fourth St., request 4 Recessed Meeting July 2, 1985 r for 5 ft. depth variance on each side loti 10 ft. rear variance on each lot for subdivision of building. Notice of the Public Hearing was published in the Stillwatyer Gazette on June 21, 1985. Mr. Taylor explained that he will not alter the existing building, but would like to subdivide the existing duplex and sell it as halves. He has been unable to sell it as it now stands. Discussion of the variances followed. Mr. Fontaine stated the Planning Commission approved the request, but he added that the figures have changed since their meeting. Mr. Zepper explained that the boulevard was originally included in the dimensions, and should not have been. Don Nolde asked the City Attorney if Mr. Taylor would have to appear before Council if he wanted to change this duplex into a condominium. Mr. Magnuson stated he would have to plat it as a condominium, and would need Council approval. Mayor Peterson closed the public hearing. r Mayor Peterson commented that a variance was created to handle a hardship and financial hardship, is not in itself, a basis for granting a variance. Other comments addressed the zero lot line and the way the house is set on the loti and a homeowners agreement. Mr. Fontaine stated there was a neighbor concerned about building going on behind, but had no objections to this request. Councilmember Bodlovick voiced concern about the large amount of the variance. Motion by Councilmember Junker, seconded by Councilmember MacDonald to approve the request for variance for Mark & Jeanne Taylor, 1302-1304 No. Fourth St., for subdivision of duplex, Case No. 592. (Vote: 3 - 2i Councilmember Bodlovick and Mayor Peterson voted Nay) NEW BUSINESS 1. Directing Payment of Bills Motion by Councilmember Junker, seconded by Councilmember Bodlovick to adopt the appropriate resolution Directing the Payment of Bills. (Resolution No. 7490) Ayes -- Councilmembers Bodlovick, Junker, Kimble, MacDonald and Mayor Peterson. Nays -- None r 5 Recessed Meeting July 2, 1985 r 2. Motion by Councilmember Junker, seconded by Councilmember Kimble to set the public hearing date of July 16, 1985 for the following Planning cases: (All in favor) Case No. 593 - John A. Fox, 437 So. Second St. - request for Special Use Permit for Bed & Breakfast facility. Case No. 594 - Mike Collins, 309 W. St. Croix Ave. - request for 10 ft. front yard setback variance for construction of a shed. Case No. 595 - Grant D. Ranum, 522 W. Hickory St. - request reduction of required building separation variance (7 ft.) Case No. 596 - Lawrence Rose, 1321 So. 5th St. - request Special Use Permit for construction of a commercial building. Case No. 597 - George & Louise Speers, 1229 3rd Ave. So. - 5 ft. sideyard setback variance to construct a 3-season porch. 3. Request for 1986 Wage Negotiations - Stillwater firefighter's Ass'n. - Council directed City Coordinator Kriesel to set a date for meetings with this group. 4. first reading of Ordinance No. 637 - Amending Stillwater City r Code, Chap. 30, Subd. B, Garbage & Rubbish. Motion by Councilmember Bodlovick, seconded by Councilmember Junker to have a first reading of Ordinance No. 637, .Ordinance Amending Stillwater City Code, Garbage and Rubbish, Chapter 30, Subdivision B". (All in favor) COUNCIL REQUEST ITEMS Councilmember Bodlovick stated she had received a letter from Bill Fredell resigning from the Cable Commission. Jackie Ulrich is presently an alternate and Councilmember Bodlovick recommends appointing Ms, Ulrich to fill Mr. Fredell's unexpired term. The commission will also need an alternate. Motion by Councilmember Junker, seconded by Councilmember MacDonald to appoint Jackie Ulrich to fill the unexpired term of Bill Fredell on the Cable Commission. (All in favor) Councilmember Bodlovick stated she had received a call from the Chamber of Commerce asking if the Council would like to ride in the Lumberjack Days Parade. Council is asked to notify the Chamber. r 6 ~ r ('" (' Recessed Meeting July 2, 1985 Councilmember Junker requested a Beer Permit for July 12, 13 and 14, 1985 for a softball tournament at Lily Lake Ballfield. Motion by Councilmember MacDonald, seconded by Councilmember Kimble to approve a Beer Permit for the Stillwater Merchants Fast-Pitch Softball Tournament on July 12, 13, and 14, 1985 to be held at Lily Lake Ballfield. (All in favor) APPLICATIONS Motion by Councilmember Junker, seconded by Councilmember Kimble to approve the following Contractor's licenses: (All in favor) Bruette Roofing 8510 Demontreville Tr.N. Lake Elmo, Mn. 55042 Langness Woodworking 10752 Stonebridge Tr. Stillwater, Mn. 55082 Roofing Renewal General Contractor Renewal General Contractor New Sheltermasters, Inc. 5412 Eagle St. White Bear Lk., Mn. 55110 Council discussed some of the unsightly properties in the city and how to facilitate improvement. Building Official Zepper reported progress to date, Council directed that documentation of these cases be done and letters be sent to these individuals. ADJOURNMENT Motion by Councilmember MacDonald, seconded by Councilmember Junker to adjourn the meeting at 9:35 P.M. (All in favor) Resolutions: No. 7490 - Directing Payment of Bills ATTEST: ~I~K~ 7